A DIGEST 
OF THE 
MILITARY AND NAVAL LAWS 
OF THE 
CONFEDERATE STATES, 
FROM THE 
COMMENCEMENT OF THE PROVISIONAL CONGRESS 
TO THE 
END OF THE FIRST CONGRESS UNDER THE 
PERMANENT CONSTITUTION. 
ANALYTICALLY ARRANGED 
BY 
CAPT. W. W. LESTER, OP THE QUARTERMASTER-GENERAL’S OFFICE, 
• fc 
AND 
WM. J. BROMWELL, OF THE DEPARTMENT OF STATE, 
ATTORNEYS-AT-LAW. 
To be continued every session. 
COLUMBIA: 
EVANS AND COGSWELL. 
1864. Entered according to act of Congress, in the year 1864, by 
W. W. LESTER and WILLIAM J. BROMWELL, 
In the Clerk’s office of the District Court of the Confederate States in and for the Eastern Dis- 
trict of Virginia. 
Printed by Evans & Cogswell, Columbia, S. C. INTRODUCTION. 
The high favor with which the present work has already been received in military 
and legislative circles, and by the administrative officers of the government, even 
under the disadvantage of being examined in a manuscript state, leaves no room 
to doubt that, in its present neat and convenient form, it will be received as a most 
useful and acceptable work by all who may have occasion to consult the military 
and naval laws of our country. 
The following letter from the Attorney-General of the Confederate States to the 
Hon. E. Barksdale, Chairman of Committee on Printing of the House of Represen- 
tatives, and the report of that committee, communicated to the House after an 
examination of the work, fully describe its character and utility, and obviate the 
necessity of a more formal introduction to the public. 
Letter from the Attorney-General of the Confederate States to the Hon. E. Barksdale, 
Chairman of the Committee on Printing of the House of Representatives. 
Confederate States of America, 
Department of Justice, Richmond, January 30, 1864. 
Hon. E. Barksdale, House of Representatives : 
Dear Sir : At your request I have examined, with some care, the “ Analytical 
Digest of the Military and Naval Laws of the Confederate States,” prepared by 
Messrs. Lester and Bromwell. It is, in my*judgment, a most useful work. 
The labor of searching through so many pamphlet copies of the laws, and the 
uncertainty, at last, as to whether all the legislation on a particular subject has met 
attention, have been an inconvenience long felt by all, and especially by the depart- 
ments and the committees of Congress. 
This work has been prepared with diligence, care, and accuracy. All the legisla- 
tion upon the subjects embraced has been collated under appropriate heads, with 
marginal notes and references, a table of contents, and a copious index. The 
facilities which it furnishes to the departments and committees alone would, in 
my opinion, justify its publication at the expense of the government. 
I recommend it to the favorable consideration of the committee. 
Very respectfully, your obedient servant, 
GEO. DAYIS. 
Report of the Committee on Printing of the House of Representatives, relative to a 
Digest of the Laics of the Confederate States. 
Mr. Barksdale, of Mississippi, moved a further suspension of the rule, to enable 
him to make a report from the Committee on Printing. 
He said the committee had not made a report this session, and there were matters 
of importance awaiting the action of the House. IV 
INTRODUCTION. 
The rule was suspended, when Mr. Barksdale, from the Committee on Printing, 
to whom was referred a resolution of the House inquiring into the practicability of 
haying printed an analytical digest of the laws of the Confederate States, submit- 
ted the following report: 
' “ That a compilation, after the plan of Brightly, embracing the military and naval 
laws of the Confederate States, to the close of the last session of Congress, has been 
submitted to them by Captain W. W. Lester, of the Quartermaster-General’s depart- 
ment, and William J. Bromwell, Esq., of the Department of State, and that, upon 
examination, the work discloses the following features : 
“I. All the provisions of law bearing upon a given subject (accompanied with 
marginal notes, chapter of the law, number of the section, and date of act) are 
collected together, arranged under an appropriate general heading, and properly 
subdivided. 
“ II. Where laws or parts of laws have been amended, modified, repealed, or 
extended, they are followed, in all cases practicable, immediately by the laws which 
so amend, modify, repeal, or extend them; in all other eases, suitable references and 
cross-references are inserted. 
“ III. For greater convenience of reference, and to secure the utmost simplicity 
of arrangement, an improvement upon similar works has been adopted of number- 
ing thb paragraphs of the work continuously from beginning to end. 
“ IV. A table of the general divisions of the book, an analysis of contents pre- 
fixed to each division, and a copious index to the whole, as systematic aids to facili- 
tate investigation. 
“V. An appendix, comprising the Articles of War, regulations concerning priva- 
teering, and other matter referred to in the body of the work. 
“ The committee further report that the Digest in question, extended to embrace 
the military and naval laws of the present session, can be procured, ready for the 
printer, for the moderate sum of twenty-five hundred dollars. 
“ The committee further report that an alphabetical and analytical Digest on the 
same plan, embracing all the laws of Congress up to the close of the present ses- 
sion, can be prepared, ready for printing, for the sum of four thousand dollars.” 
Mr. Barksdale then reported a bill to authorize the publication of a Digest of the 
Laws of the Confederate States. 
[The bill above referred to was passed without opposition in the Senate, and by 
more than a two-thirds vote in the House.] TABLE OF CONTENTS. 
MILITARY LAWS. 
I.—REGULAR' ARMY. 
I. General Organization. 
II. Adjutant and Inspector-General’s department. 
III. Quartermaster-General’s department. 
IV. Subsistence department. 
V. Medical department. 
VI. Cadets. 
VII. Military Storekeepers. 
VIII. Armories. 
IX. Engineers. 
X. Artillery. 
XI. Cavalry. 
XII. Infantry. 
XIII. Pay. 
XIV. Bounty. 
XV. Rations. 
XVI. Forage. 
XVII. Zouaves. 
II.—PROVISIONAL ARMY! 
I. Forces in service of the several states ; how received. 
. II. Militia and military forces of the Confederate States, and 100,000 
volunteers for twelve months. 
III. Volunteers for the war. 
IV. Volunteers for such time as the President may prescribe. 
V. 400,000 volunteers for not less than twelve months, nor more than 
three years. 
VI. Requisition upon the states for troops. 
VII. Bounty; furloughs; election of company officers, and other privi- 
leges. 
VIII. Recruiting. 
IX. Conscription. 
X. Camps of Instruction. 
XI. Employment of Negroes. 
XII. Exemption. 
XIII. Rendezvous. 
XIV. Local defence and special service. 
XV. Quartermaster, Commissary, and Medical departments. VI 
CONTENTS. 
XVI. Supplies, clothing, and provisions. 
XVII. Transportation. 
XVIII. Cooks and nurses. 
XIX. Chaplains. 
XX. Engineers and engineer troops. 
XXI. Artillery. 
XXII. Military Storekeepers. 
XXIII. Partisan rangers. 
XXIV. Sharp-shooters. 
XXV. Pikemen. 
XXVI. Signal corps. 
XXVII. Drill-masters. 
XXVIII. Buglers and musicians. 
XXIX. Disqualified, disabled, and incompetent officers. 
XXX. Invalid corps. 
XXXI. Retirement of officers. 
XXXII. Drunkenness. 
XXXIII. Absence without leave. 
XXXIV. Punishment by whipping prohibited. 
XXXV. Detailed soldiers and transfer of troops. 
XXXVI. Pay and allowances due deceased soldiers. 
XXXVII. Military courts. 
XXXVIII. Indian troops. 
XXXIX. Virginia militia. 
XL. Miscellaneous. 
III. ARMS AND MUNITIONS. 
IV. FLAG. 
V. FORTS AND ARSENALS. 
VI. HABEAS CORPUS. 
VII— HOSPITALS; SICK AND WOUNDED SOLDIERS. 
VIII— IMPRESSMENTS. 
IX— MANUFACTURE OF SALTPETRE AND SMALL-ARMS; AND MINES 
FOR THE PRODUCTION OF COAL AND IRON. 
X— MISSOURI. 
XI— NATURALIZATION. 
XII— NITRE AND MINING BUREAU. 
XIII— NORTH CAROLINA. 
XIV— PRESIDENT. 
XV— PRISONERS OF WAR. 
XVI— PRODUCTION OF PROVISIONS. 
XVII— PROPERTY DESTROYED. 
XVIII—RETALIATION. 
XIX— SLAVES. 
XX— SOUTH CAROLINA. 
XXI— TAXES. 
I.# Tax in kind—act of April 24, 1863. CONTENTS. 
VII 
II. Tax in kind—act of February 17, 1864. 
III. Exemptions from taxation. 
XXII.—WAR DEPARTMENT. 
NAVAL LAWS. 
XXIII.—NAVY DEPARTMENT. 
XXIV. REGULAR NAVY. 
I. Officers. 
II. Marine corps. 
III. Seamen. 
IV. Gunboats and vessels of war. 
V. Miscellaneous provisions. 
XXV. PROVISIONAL NAVY. 
XXVI. VOLUNTEER NAVY. 
XXVII.—MARITIME LAW. 
XXVIII.—PRIVATEERS AND PRIZES. 
XXIX. MARINE HOSPITALS. 
XXX. NATURALIZATION. 
XXXI. PRESIDENT. 
XXXII.—PRISONERS OP WAR. 
XXXIII.—RETALIATION. 
APPENDIX. 
Clauses of the Constitution relating to military and naval affairs. 
Articles of War. 
United States laws relating to Ordnance department. 
Salaries. 
President’s instructions to private armed vessels. 
Act to perpetuate testimony in cases of slaves abducted or harbored by the enemy, 
etc., etc. MILITARY LAWS. I.—REGULAR ARMY. 
I. General Organization. 
1. General staff. 
2. Staff officers ; when to assume command. 
3. How appointed. 
4. Military establishment. 
5. Brigadier-generals. 
6. Additional brigadier-generals. 
7. “ Generals.” 
• 8. Officers ; how appointed. Period of enlistment of rank and file. 
9. Examination of officers. 
10. Vacancies; how filled. Brigadier-generals; how appointed. 
11. Meritorious non-commissioned officers. 
12. Duties of officers. Regulations. 
13. Rules and Articles of War. 
14. Sixty-fifth Article of War amended. 
15. Number of troops to be called into service. 
16. Repeal of conflicting laws. 
17. Resigned United States officers. 
18. Military oath. 
19. Repealing clause. • 
20. Staff duty with volunteers or provisional troops. 
21. Amending the foregoing and the act of May 11,1861. Staff appoint- 
ments from civil life. 
22. Civilians appointed to staff of generals. 
23. Staff of a general at seat of government. 
24. Rank and command for service with volunteer troops. 
25. Rank and command of officers on duty in certain bureaus. 
II. Adjutant and Inspector-General’s Department. 
26. Officers and rank. 
27. Rank changed. 
28. Officers increased. 
29. Clerical force. 
III. Quartermaster-General's Department. 
[See X.V Prov. Army.~\ 
30. Officers; rank and duties. 
31. Organization amended. 
32. Rank, pay, etc., of Quartermaster-general. 
33. Officers increased. 
34. Bonds. 
35. Purchase and sale of certain articles prohibited. 
36. Clerical force. 
37. Additional clerks; compensation. 
IV. Subsistence Department. 
[See XV Prov. Army.~\ 
38. Officers ; rank and duty. 
39. Organization amended. 
40. Clerical force. 12 
DIGEST OF 
Y. Medical Department. 
[See X V Prov. Army ; also, Hospitals.] 
41. Surgeon-general and assistant surgeons. 
42. Hospital stewards. 
43. Clerk in charge of hospital supplies. 
VI. Cadets. 
44. Appointment provided for. 
VII. Military Storekeepers. 
[Saa-flAfirW] 
45. Number and pay. 
46. Military storekeepers of ordnance. 
VIII. Armories. 
47. Superintendents; master-armorers. 
48. President may increase salaries of master-armorers. 
49. Salary of master-armorer at Richmond increased. 
IX. Engineers. 
[See Engineers Prov. Army.~[ 
50. Corps organized. 
51. Officers of sappers, miners, and pontoniers. 
52. Duty of colonel of engineer corps. 
53. Corps increased. 
54. Company of sappers and bombardiers. 
55. Vehicles, arms, pontons, tools, etc. 
56. Pay of sappers and bombardiers ; allowances, rations, and forage. 
57. Clerical force for Bureau of Engineers. 
X. Artillery. 
58. Corps organized. 
59. Officers increased. 
60. Quartermaster’s sergeants and ordnance sergeants. 
61. Number of ordnance sergeants increased. 
XI. Cavalry. 
[fine /n/noifiyj 61 
62. Regiment organized. 
63. Cavalry increased. Additional infantry. 
XII. Infantry. 
64. Regiments organized. 
65. Company sergeants increased. 
66. Ensign. 
XIII. Pay. 
67. Brigadier-generals. Aides-de-camp. 
68. Officers of corps of engineers. 
69. Officers qf artillery. 
70. Officers of infantry. 
71. Officers of cavalry. 
72. General staff. Surgeon-general, surgeons, assistant surgeons. 
73. Additional pay. 
74. Forage, fuel, etc. Commutation, mileage. 
75. Enlisted men. 
76. Armorers, carriage-makers, etc., for ordnance service. 
77. Cadets. XIV. Bounty. 
78. Of ten dollars. 
XV. Rations. 
79. One ration per day. Clothing. 
80. In kind; commutation. 
XVI. Forage. 
81. In time of war. In time of peace. Servants. 
82. To aides-de-camp and adjutants. 
XVII. Zouaves. 
83. Regiment organized. Pay. 
Military laws. 
13 
I. General Organization. 
1. The Congress of the Confederate States of America 
do enact, That from and after the passage of this 
act, the general staff of the Army of the Confederate 
States shall consist of an Adjutant and Inspector- 
General’s department, Quartermaster-General’s de- 
partment, Subsistence department, and the Medical 
department. 
Feb. 26,1861 
? 1, ch. 17. 
General staff 
2. That the officers of the Adjutant-G-enerars, Quar- 
termaster-General's, and Commissary-General’s de- 
partment, though eligible to command, according to 
the rank they hold in the Army of the Confederate 
States of America, shall not assume command of 
troops, unless put on duty under orders which special- 
ly so direct by authority of the President. The officers 
of the Medical department shall not exercise command 
except in their own department. 
Ibid, g 6. 
Staff officers, 
when to as- 
sume com- 
mand. 
3. That the staff officers herein provided for shall 
be appointed by the President, by and with the ad- 
vice and consent of the Congress, and shall receive 
such pay and allowances as shall be hereafter estab- 
lished by law. 
Ibid, 17. 
How ap- 
pointed. 
4. That from and after the passage of this act the 
military establishment of the Confederate States shall 
be composed of one corps of engineers, one corps of 
artillery, six regiments of infantry, one regiment of 
cavalry, and of the staff departments already establish- 
ed by law. 
March 6, 
1863, \ 1, 
ch. 29. 
Military es- 
tablishment. 
5. There shall be four brigadier-generals, who shall 
be assigned to such commands and duties as the Presi- 
Ibid, \ 8. 
Brigadier- 
generals. 14 
DIGEST OF 
dent may specially direct, and shall be entitled to one 
aide-de-camp each, to be selected from the subalterns 
of the line of the army, who, in addition to their duties 
as aid<*de-camp, may perform the duties of assistant 
a djutant- gen eral. 
March 14, 
1861, \ 2, ch. 
41. 
Additional 
brigadier- 
generals. 
6. That there shall be added one brigadier-general 
to those heretofore authorized by law, and that any 
one of the brigadier-generals of the Army of the Con- 
federate States may be assigned to the duty of adju- 
tant and inspector-general, at the discretion of the 
President. 
May 16,1861 
i 2, ch. 20. 
"Generals.” 
7. That the five general officers provided by exist- 
ing laws [5 and 6] for the. Confederate States, shall 
have the rank and denomination of “ General,” instead 
of “Brigadier-general,” which shall be the highest 
military grade known to the Confederate States. They 
shall be assigned to such commands and duties as the 
President shall specially direct, and shall be entitled 
to the same pay and allowances [67] as are provided 
for brigadier-generals, and to two aides-de-camp, to be 
selected as now provided by law. Appointments to 
the rank of general, after the army is organized, shall 
be made by selection from the army. 
March 6, 
1861, ? 9, ch. 
29. 
Officers, how 
appointed. 
Period of en- 
listment of 
rank and file 
8. 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 file shall be enlisted for a 
term not less than three nor more than five years, un- 
der such regulations as may be established. 
Ibid, § 10. 
Examina- 
tion of offi- 
cers. 
9. 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, however, shall have power to postpone this 
examination for one year after appointment, if in his 
judgment necessary for the public interest. 
Ibid, g 11. 
Vacancies, 
how filled. 
10. All vacancies in established regiments and corps, 
to and including the rank of colonel, shall be filled by 
promotion according to seniority, except in case of 
disability or other incompetency. Promotions, to and 
including the rank of colonel, shall be made regimen- 
tally in the infantry and cavalry; in the staff depart- MILITARY LAWS. 
15 
ments, and in the engineers and artillery, according to 
corps. Appointments to the rank of brigadier-gen- 
1 11 b 
eral, after the army is organized, shall be made by 
selection from the army. 
Brigadier- 
generals, 
howappoiut- 
11. The President of the Confederate States is here- 
by authorized to appoint to the lowest grade of subal- 
tern officers such meritorious non-commissioned offi- 
cers as may, upon the recommendation of their colonels 
and company officers, be brought before an army board 
specially convened for the purpose, and found qualified 
for the duties of commissioned officers, and to attach 
them to regiments or corps, as supernumerary officers, 
if there be no vacancies : Provided, There shall not be 
more than one so attached to any one company at the 
same time. 
Ibid, 112. 
Meritorious 
non-commis- 
sioned offi- 
cers. 
12. The officers appointed in the Army of the Con- 
federate States by virtue of this act shall perform all 
military duties to which they may be severally assign- 
ed by authority of the President, and it shall be the 
duty of the Secretary of War to prepare and publish 
regulations, prescribing the details of every depart- 
ment in the service, for the general government of the 
army, which regulations shall be approved by the 
President, and, when so approved, shall be binding. 
ibid,?26. 
officers, 
Regulations, 
13. The Rules and Articles of War* established by 
the laws of the United States of America for the gov- 
ernment of the army, are hereby declared to be of 
force, except that wherever the words “ United States” 
occur, the words “ Confederate States ” shall be sub- 
stituted therefor; and except that the Articles of War 
numbers sixty-one and sixty-two are hereby abrogat- 
ed, and the following articles substituted therefor : 
“ Article 61. Officers having brevets or commis- 
sions of a prior date to those of the corps in which 
they serve, will take place on courts-martial or of in- 
quiry, and on boards detailed for military purposes, 
when composed of different corps, according to the 
ranks given them in their brevet or former commis- 
sions, but in the regiment, corps, or company to which 
such officers belong, they shall do duty and take rank, 
Ibid, ? 29. 
Rules and 
Articles of 
War. 
* For Articles of War, see Appendix. 16 
digest or 
both in courts and on boards as aforesaid, which shall 
be composed of their own corps, according to the com- 
mission by which they are there mustered. 
££ Article 62. If, upon marches, guards, or in quar- 
ters, different corps shall happen to join or do duty 
together, the officer highest in rank, according to the 
commission by which he is mustered in the army, 
navy, marine corps, or militia, there on duty by orders 
from competent authority, shall command the whole, 
and give orders for what is needful for the service, un- 
less otherwise directed by the President of the Con- 
federate States in orders of special assignment pro- 
viding for the case/’ 
Feb. 17,1864 
ch. 51. 
14. That the sixty-fifth Article of War* be so amend- 
ed as to read as follows : 
“ Article 65. Any general officer commanding an 
army, or commanding a force of cavalry not with and 
under the immediate command of the commander of 
an army, or other officer commanding a separate de- 
partment, may appoint general courts-martial when- 
ever necessary. But no sentence of a court-martial 
shall be carried into execution until after the whole 
proceedings shall have been laid before the officer or- 
dering the same, or the officer commanding the troops 
for the time being : neither shall any sentence of a 
general court-martial in time of peace, extending to the 
loss of life, or the dismission of a commissioned officer, 
or which shall, either in time of peace or war, respect 
a general officer, be carried into execution until after 
the whole proceedings shall have been transmitted to 
the Secretary of War, to be laid before the President 
of the Confederate States for his confirmation or dis- 
approval and orders in the case. All other sentences 
may be confirmed and executed by the officer ordering 
the court to assemble, or the commanding officer for 
the time being, as the case may be.” 
Sixty-fifth 
Article of 
War amend- 
ed. 
March 6, 
1861, | 30, 
ch. 29. 
Number of 
troops to be 
called into 
service. 
15. The President shall call into the service of the 
Confederate States only so many of the troops herein 
provided for [4] as he may deem the safety of the 
Confederacy may require. 
* Bor Articles of War, see Appendix. MILITARY LAWS. 
17 
16. All laws or parts of laws of the United States, 
which have been adopted by the Congress of the Con- 
federate States, repugnant to or inconsistent with this 
act, are hereby repealed. 
Jbid, 131. 
Repealing 
clause. 
17. That in all cases of officers who have resigned, 
or who may within six months tender their resigna- 
tions from the Army of the United States, and who 
have been or may be appointed to original vacancies 
in the Army of the Confederate States, the commissions 
issued shall bear one and the same date, so that the 
relative rank of officers of each grade shall be deter- 
mined by their former commissions in the United 
States army, held anterior to the secession of these 
Confederate States from the United States. 
March 14, 
1861, \ 5, 
ch. 41. 
Resigned IT. 
S. officers. 
18. That every 'officer, non-commissioned officer, 
musician, and private shall take and subscribe the fol- 
lowing oath or affirmation, to wit: “ I, A. B., do solemn- 
ly swear or affirm (as the case may be) that while I 
continue in the service I will bear true faith and yield 
obedience to the Confederate States of America, and 
that I will serve them honestly and faithfully against 
their enemies, and that I will observe and obey the 
orders of the President of the Confederate States, and 
the orders of the officers appointed over me, according 
to the Pules and Articles of War.” 
Ibid, l 6. 
Military 
oath. 
19. That all laws and parts of laws militating against 
this act, be and the same are hereby repealed. 
Ibid, l 7. 
Repealing 
clause. 
20. That the President be authorized to assign offi- 
cers of the Army of the Confederate States to staff 
duty with volunteers or provisional troops, and to con- 
fer upon them, whilst so employed, the rank corres- 
ponding to the staff duties they are to perform. 
May 16,1861 
19, ch. 20. 
Staff duty 
with volun- 
teer or pro- 
visional 
troops. 
21. That the third section of the act entitled “ An 
act to make further provision for the public defence,” 
approved May 11, 1861 [113], be amended by striking 
out of said section the words “ detailed from the regu- 
lar army •” and further, that the ninth section of the 
act entitled “An act to increase the military establish- 
ment of the Confederate States,” and to amend the 
“act for the establishment and organization of the 
Army of the Confederate States of America,” approved 
Aug. 3,1861 
ch. 10. 
Amending 
act of May 
11,1861, j 9. 18 
DIGEST OF 
May 16, 1861 [20], be amended by adding thereto the 
following clause : “ And that the President may, in his 
discretion, upon the application and recommendation 
of a major-general or brigadier-general, appoint from 
civil life persons to the staff of such officer, who shall 
have the same rank and pay as if appointed from the 
Army of the Confederate States." 
Staff ap- 
pointments 
from civil 
life. 
22. That the President may, in his discretion, upon 
the application and recommendation of a general of 
the Confederate States army, appoint from civil life 
persons to the staff authorized by law of such officer, 
who shall have the same rank and pay as if appointed 
from the Army of the Confederate States. 
Aug. 31,1861 
ch. 66. 
Civilians ap- 
pointed to 
staff of gen- 
erals. 
March 25, 
1862, ch. 9. 
Staff of a 
general at 
seat of gov- 
ernment. 
23. That whenever the President shall assign a gen- 
eral to duty at the seat of government, the said gen- 
eral shall be entitled to the following staff, to wit: A 
military secretary, with the rank of colonel; four aides- 
de-camp, with the rank of major ; and such clerks, not 
to exceed four in number, as the President shall, from 
time to time, authorize. The pay and allowance of 
the military secretary and aides-de-camp shall be the 
same as those of officers of cavalry of like grade [71] ; 
and the salaries of the clerks shall not exceed twelve 
hundred dollars per annum for each.]- Such offices, 
office furniture, fuel, and stationery shall be provided 
for the said general as the duties of his office may ren- 
der necessary, to be paid for out of the appropriation 
for the contingent expenses of tlie War department. 
May 21, 1861 
ch. 41. 
Rank and 
command 
for service 
Mdth volun- 
teer troops. 
24. That the President shall be authorized to confer 
temporary rank and command, for service with volun- 
teer troops, on officers of the Confederate army; the 
same to be held without prejudice to their positions in 
said army, and to have effect only to the extent and 
according to the assignment made in general order. 
Dec. 31,1861 
ch. 30. 
Rank and 
command 
upon officers 
on duty in 
certain bu- 
reaus. 
25. That the above entitled act [24] be so amended 
that, in addition to the power therein granted, the 
President of the Confederate States be and he is here- 
by authorized to confer temporary rank and command 
upon officers of the Confederate army on duty in the 
* See “ Salaries ” in Appendix. 19 
MILITARY LAWS. 
several bureaus of the Adjutant and. Inspector-General, 
Chief of Engineers, and Chief of Ordnance, to cease 
at the end of the war; the same to be held without 
prejudice to the positions in said army. 
II. Adjutant and Inspector-General’s Depart- 
ment. 
26. That the Adjutant and Inspector-General’s de- 
partment shall consist of one adjutant and inspector- 
general with the rank of colonel,* four assistant ad- 
jutants-general with the rank of major, and four 
assistant adjutants-general with the rank of captain. 
Feb. 26,1861 
§ 2, ch. 17. 
Officers and 
rank. 
27. That the Adjutant and Inspector-General’s de- 
partment shall consist of two assistant adju'tants-gen- 
eral with the rank of lieutenant-colonel, two assistant 
adjutants-general with the rank of major, and four 
assistant adjutants-generals with the rank of captain. 
March 14, 
1861, jj 1, ch. 
41. 
Bank 
changed. 
28. That the first section of the act entitled “ An 
act for the organization of the staff departments of 
the Army of the Confederate States of America,” ap- 
proved March fourteenth, eighteen hundred and sixty- 
one [27], be amended by adding to the Adjutant and 
Inspector-General’s department one assistant adju- 
tant-general with the rank of colonel. 
Oct. 8,1862 
ch. 35. 
Officers in- 
creased. 
29. For the Office of the Adjutant-General— 
One clerk at the ratef of twelve hundred dollars per 
annum; one clerk at the rate of one thousand dollars 
per annum; one clerk at the rate of eight hundred 
dollars per annum ; for whose payment, from eigh- 
teenth of August, eighteen hundred and sixty-one, to 
the eighteenth of February, eighteen hundred and 
sixty-two, there is hereby appropriated the sum of 
fifteen hundred dollars. 
Aug. 29,1861 
ch. 46. 
Clerical 
force. 
III. Quartermaster-General’s Department. 
[See XV Prov. Army, 202 et seq.~\ 
30. That the Quartermaster-General’s department 
shall consist of one quartermaster-general with the 
rank of colonel [32], six quartermasters with the rank 
Feb. 26,i86i 
Officersf7’ 
duti«£nd 
* Brigadier-general may be assigned, 6. 
f See •* Salaries,” in Appendix. For other clerks, see 555, 557. For appoint- 
ment of assistant adjotants-genaral for volunteer forces, see 98. DIGEST OF 
of major; and as many assistant quartermasters as 
may from time to time be required by the service may 
be detailed by the War department from the subal- 
terns of the line, who, in addition to their pay in the 
line, shall receive twenty dollars per month while 
engaged in that service. The quartermasters herein 
provided for shall also discharge the duties of pay- 
masters, under such regulations as may be prescribed 
by the Secretary of War. 
March 14, 
1861, l 3, 
ch. 41. 
Organiza- 
tion amend- 
ed. 
31. That the Quartermaster-General’s department 
shall consist of one quartermaster-general with the 
rank of colonel [32], one assistant quartermaster-gen- 
eral with the rank of lieutenant-colonel, four assistant 
quartermasters with the rank of major, and such other 
officers in that department as are already provided by 
law. 
March 20. 
1863, ch. 8. 
Rank, pay, 
etc., of quar- 
termaster- 
general. 
32. 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 Confeder- 
ate States shall be those of a brigadier-general in the 
Provisional Army. 
May 16,1861 
l 4. ch. 20. 
Officers in- 
creased. 
33. That there be added to the Quartermaster-Gen- 
eral’s department one assistant quartermaster-general 
with the rank of lieutenant-colonel, and two quarter- 
masters with the rank of major; and to the Commis- 
sary-General’s department one assistant commissary 
with the rank of major, and one assistant commissary 
with the rank of captain; and to the Medical depart- 
ment six surgeons and fourteen assistant surgeons. 
34. All officers of the Quartermaster’s and Commis- 
sary departments shall, previous to entering on the 
duties of their respective 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. 
March 6, 
1861, }, 27, 
ch. 29. 
Bonds. 
Ibid, \ 28. 
Purchase 
and sale of 
certain arti- 
cles prohib- 
ited. 
35. Neither the Quartermaster-General, the Commis- 
sary-General, nor any or either of their assistants, 
shall be concerned, directly or indirectly, in the pur- 
chase or sale of any articles intended for, making a 
part of, or appertaining to public supplies, except for 
and on account of the Confederate States; nor shall MILITARY LAWS. 
21 
they, or either of them, take or apply to his or their 
own use any gain or emolument for negotiating any 
business in their respective departments, other than 
what is or may be allowed by law [215 to 220]. 
36. For the Office of the Quartermaster-Gen- 
eral three additional clerks at twelve hundred dollars 
each per annum,* three additional clerks at one 
thousand dollars each per annum; for whose pay- 
ment, from eighteenth of August, eighteen hundred 
and sixty-one, to the eighteenth of February, eighteen 
hundred and sixty-two, there is hereby appropriated 
the sum of three thousand and three hundred dollars. 
Aug. 29,1861 
ch. 46. 
Clerical 
force. 
37. That the Secretary of War be and he is hereby 
authorized to appoint eight additional clerks in the 
Bureau of the Quartermaster-General at the following 
rates of compensation, to wit :* two at the rate of fif- 
teen hundred dollars per annum, two at the rate of 
twelve hundred dollars per annum, and four at the 
rate of one thousand dollars per annum: Provided, 
that no person now by law subject to military duty 
shall be appointed. 
April 19, 
1862, ch. 54. 
Additional 
clerks. 
Compensa- 
tion. 
IY. Subsistence Department. 
[See XV Prov. Army, 202 et seq.~\ 
38. That the Commissary-General’s 
shall consist of one commissary-general with the rank 
of colonel, four commissaries with the rank of captain; 
and as many assistant commissaries as may from time 
to time be required by the service may be detailed by 
the War department from the subalterns of the line, 
who, in addition to their pay in the line, shall receive 
twenty dollars per month while engaged in that ser- 
vice. The assistant quartermasters and assistant 
commissaries shall be subject to duties in both depart- 
ments at the same time, but shall not receive the ad- 
ditional compensation but in one department. 
Feb. 26,1861 
§ 4, ch. 17. 
Officers; 
rank and 
duties. 
39. That the Commissary-General’s department shall 
eonsistf of one commissary-general with the rank of 
March 14, 
1861, ? 4, 
ch. 41. 
Organiza- 
tion amend- 
ed. 
* See “ Salaries,” in Appendix. For other clerks, see 555, 557. 
t Officers to give bonds, 34. Not to be concerned in purchase of supplies, etc., 
except on account of Confederate States, 35, 215, et seq. For additional officers, 
see 33. 22 
digest or 
colonel, one commissary with the rank of lieutenant- 
colonel, one commissary with the rank of major, 
and three commissaries with the rank of captain; 
and as many assistant commissaries as may from 
time to time be required by the service may be de- 
tailed by the War department from the subalterns 
of the line, who, in addition to their pay in the line, 
shall receive twenty dollars per month while engaged 
in that service. 
Aug. 29,1861 
ch. 46. 
Clerical 
force. 
40. For the Office of the Commissary-General, 
for two clerks at the rate* of twelve hundred dollars 
each per annum; for whose payment, from eighteenth 
of August, eighteen hundred and sixty-one, to the 
eighteenth of February, eighteen hundred and sixty- 
two, there is hereby appropriated the sum of twelve 
hundred dollars. 
[See X V Prov. Army, 202 et seq., also Hospitals, 406 
et seq.~\ 
V. Medical Department. 
Feb.26,i86i, 
\ 5. ch. 17. 
surgeon- 
general and 
assistant 
surgeons. 
41. That the Medical department shall consist of 
one surgeon-general with the rank of colonel, four 
surgeons with the rank of major, and six assistant 
surgeons with the rank of captain [33]; and as many 
assistant surgeons as the service may require may be 
employed by the Department of War, and receive the 
pay [72] of assistant surgeons. 
May 16,1861, 
g 7, ch. 20. 
Hospital 
stewards. 
42. That there may be enlisted for the medical de- 
partment of the army, for the term already provided 
by law for other enlisted men, as many hospital stew- 
ards as the service may require, to be determined by 
the Secretary of War, under such regulations as he 
may prescribe, and who shall receive the pay and 
allowances of a sergeant-major [75]. 
auk. 2, i86i, 
eh. 7. Clerk 
in charge of 
plies- 1 Rup 
43. That the Secretary of War shall forthwith ap- 
point a clerk in the office of the Surgeon-G-eneral, to 
take charge of all hospital supplies and other articles 
which may be contributed for the use of the sick and 
wounded, and the same to dispose of, according to 
the wishes of the contributors, under the direction of 
* See “ Salaries,” in Appendix. For other clerks, see 555, 557. MILITARY LAWS. 
23 
the medical department of the army—the salary* of 
the said clerk not to exceed one thousand dollars; 
and the said clerk shall be authorized, under the direc- 
tion of the Surgeon-General, to procure and fit up a 
proper place for the safe-keeping and proper disposal 
of the said articles. 
VI. Cadets. 
44. That until a military school shall be established 
for the elementary instruction of officers for the army, 
the President shall be authorized to appoint cadets 
from the several states, in number proportioned to their 
representation in the House of .Representatives, and 
ten in addition, to be selected by him at large from the 
Confederate States, who shall be attached to compa- 
nies in service in any branch of the army, as supernu- 
merary officers, with the rank of cadet, who shall 
receive the monthly pay of forty dollars [77], and be 
competent for promotion at such time and under such 
regulations as may be prescribed by the President, or 
hereafter established by law. 
May 16, 1861 
i 8, ch. 20. 
Appoint- 
ment provid- 
ed for. 
VII. Military Storekeepers. 
[See 286.] 
45. That the President be authorized to appoint as 
many military storekeepers, with the pay and allow- 
ances of a first lieutenant of infantry [70], as the safe- 
keeping of the public property may require, not to 
exceed in all six storekeepers. 
Mav 16, 1861 
? 5, ch. 20. 
Number and 
pay. 
46. That the President be and he is hereby author- 
ized to appoint, in addition to the storekeepers author- 
ized by the fifth section of the act of May sixteen, 
eighteen hundred and sixty-one, “ for the establish- 
ment and organization of the Army of the Confeder- 
ate States,” as many military storekeepers of ordnance, 
with the pay and allowances of a captain of infantry 
[70], as the safe-keeping of the public property may 
require, not to exceed in all four storekeepers, who 
shall, previous to entering on duty, give bonds, with 
Aug. 21,1861 
\ 2, ch. 34. 
Military 
storekeepers 
of ordnance. 
'* See “Salaries.” in Appendix. For other clerks, see 555 and 557. 24 
DIGEST OF 
good and sufficient security, in such sums as the Sec- 
retary of War may direct, fully to account for all 
moneys and public property which they may receive. 
VIII. Armories. 
[For enlistment of Plaster Armorers, etc., etc., for ordnance 
service, see 76.] 
Aug. 21,1861 
$ 3, ch. 34. 
Superin- 
tendents. 
47. That the President be and he is hereby author- 
ized, whenever in his judgment the interests of the 
service may require, and where officers of the army 
can not be assigned to these duties, to appoint one or 
more superintendents of armories for the fabrication 
of small-arms [688 et seq.~\, whose salary shall not ex- 
ceed two thousand five hundred dollars per annum, 
with allowance for quarters and fuel at the rate fixed 
for a major in the army. And that the President be 
also authorized to appoint two or more master armor- 
a salary not to exceed fifteen hundred dol- 
lars [48] per annum, with allowance of quarters and 
fuel at the rate fixed for a captain in the army. 
Master ar- 
morers. 
April 19, 
1862, ch. 55. 
President 
may in- 
crease sala- 
ries of mas- 
ter armorers 
48. That section third of an act entitled “ An act to 
increase the corps of artillery and for other purposes,” 
approved August 21, 1861 [47], be so amended as to 
authorize the President to increase the salaries of 
master armorers, or any of them, to a sum not exceed- 
ing two thousand dollars per annum. 
Jan. 30, 1864 
cb. 19. 
Salary of 
master ar- 
morer at 
Richmond 
increased. 
49. That the master armorer of the Confederate 
States Armory at Richmond, Virginia, shall hereafter 
receive a salary of three thousand dollars per annum, 
from the time of the passage of this act, with allow- 
ances for quarters and fuel of a captain of infantry. 
IX. Engineers. 
[See Engineers Prov. Army, 254.] 
March 6, 
ch-29.' 
ized. 
50. The corps of engineers shall consist of one colo- 
nel, 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 privates of MILITARY LAWS. 
25 
the second-class or laborers, making in all one hun- 
dred. 
51. The said company shall be officered by one cap- 
tain of the corps of engineers, and as many lieuten- 
ants, to be selected by the President from the line 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 Engineer, be liable 
to serve, by detachments, in overseeing and aiding la- 
borers upon fortifications or other works under the 
Engineer department, and in supervising finished for- 
tifications, as fort-keepers, preventing injury, and mak- 
ing repairs. 
Ibid, i 3. 
Officers of 
sappers, mi- 
ners, and 
pontoniers. 
52. It shall be the duty of the colonel of the engi- 
neer corps [55], subject to the approval of the Secre- 
tary of War, to prescribe the number, quantity, form, 
dimensions, etc., of the necessary vehicles, arms, pon- 
tons, tools, implements, and other supplies for the ser- 
vice of the said company as a body of sappers, miners, 
and pontoniers. 
Ibid. 14. 
Duty of colo- 
nel of engi- 
neer corps. 
53. That the President be authorized whenever, in 
his judgment, the public service may require the in- 
crease, to add to the corps of engineers one lieutenant- 
colonel, who shall receive the pay and allowances of a 
lieutenant-colonel of cavalry, and as many captains, 
not exceeding five, as may be necessary. 
May 16.1861 
? 3. ch. 20. 
Corps in- 
creased. 
54. That there be added to the military establish- 
ment of the Confederate States one company of sap- 
pers and bombardiers, to consist of one captain, two 
first lieutenants, one second lieutenant, ten sergeants 
or master-workmen, ten corporals or overseers, two 
musicians, thirty-nine privates of the first-class, and 
thirty-nine privates of the second-class, who shall be 
instructed in and perform all the duties of sappers and . 
bombardiers, and shall, moreover, under the orders of 
the Chief Engineer, be liable to serve, by detachments, 
in overseeing and aiding laborers upon fortifications 
or other works under the Engineer department, and in 
supervising finished fortifications, as fort-keepers, pre- 
venting injury, and making repairs. 
May 17,1861 
§1, ch.28. 
Company of 
sappers and 
bombardiers 26 
DIGEST OF 
Ibid, § 2. 
Vehicles, 
arms, pon- 
tons, tools, 
etc. 
55. That it shall be the duty of the colonel of the 
engineer corps [52], subject to the approval of the Sec- 
retary of War, to prescri be the number, quantity, form, 
dimensions, etc., of the necessary vehicles, arms, pon- 
tons, tools, implements, and other supplies for the ser- 
vice of said company as a body of sappers and bom- 
bardiers. 
Ibid, i 3. 
Pay of sap- 
pers and 
bombardiers 
56. That the monthly pay of the captain of said com- 
pany shall be one hundred and forty dollars ; of each 
first lieutenant, one hundred dollars; of the second 
lieutenant, ninety dollars; of the sergeants, thirty-four 
dollars ; of the corporals, twenty dollars; of the mu- 
sicians, thirteen dollars; of the first-class privates, sev- 
enteen dollars, and of the second-class privates, thirteen 
dollars. And the said commissioned officers shall be 
entitled to the same allowances as all other commis- 
sioned officers of the army, and the same right to draw 
forage for horses as is accorded to officers of like rank 
in the engineer corps; and the enlisted men shall re- 
ceive the same rations and allowances as are granted 
to all other enlisted men in the army. 
Allowances, 
rations, and 
forage. 
Aug. 29,1861 
ch. 46. 
Clerical 
force for the 
bureau of 
engineers. 
57. For the Bureau of Engineers—One clerk at* 
twelve hundred dollars, one clerk, at one thousand 
dollars, one draughtsman at twelve hundred dollars; 
for whose payment, from the eighteenth of August, 
eighteen hundred and sixty-one, to the eighteenth of 
February, eighteen hundred and sixty-two, there is 
hereby appropriated the sum of seventeen hundred 
dollars. 
[See XXI Prov. Army, 280 et 
X. Artillery. 
March 6, 
1361.j! 5. 
oh. 29. 
Corps organ- 
ized. 
58. The corps of artillery, which shall also be charged 
with ordnance duties, shall consist of one colonel, one 
lieutenant-colonel, ten majors, and forty companies of 
artillerists and artificers; and each company shall con- 
sist of one captain, two first lieutenants, one second 
lieutenant, four sergeants, four corporals, two musi- 
cians, and seventy privates. There shall also be 
one adjutant, to be selected by the colonel from the 
* Pee “ Salaries ” in Appendix. For other clerks, see 555. 557. MILITARY LAWS. 
first lieutenants, and one sergeant-major, to be select- 
ed 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. 
59. That there be added to the corps of artillery, 
Confederate States army, one lieutenant-colonel and 
two majors, with the pay and allowances authorized 
by existing laws for those grades respectively. 
60. That there be added to the military establish- 
ment one quartermaster-sergeant for each regiment 
of cavalry and infantry, and one ordnance-sergeant 
for each military post, each to receive the pay and 
allowances of a sergeant-major, according to existing 
laws [75]. 
61. That the number of ordnance-sergeants author- 
ized by section six of [60] “ An act to increase the 
military establishment of the Confederate States,” etc., 
approved May 16, 1861, be so increased as to provide 
one for each regiment of the troops now or hereafter 
received in the service. 
Aug, 21.1861 
g 1, ch. 34. 
Officers in- 
creased. 
May 16,1861 
g 6, ch. 20. 
Quarter- 
master-ser- 
geants and 
ordnance - 
sergeants. 
April 19, 
1862, ch. 4.3. 
N umber of 
ordnance- 
sergeants in- 
creased. 
XI. Cavalry.* 
62. The regiment of cavalry shall consist of one 
colonel, one lieutenant-colonel, one major, and ten com- 
panies, each of which shall consist of one captain, one 
first lieutenant, two second lieutenants, four sergeants, 
four corporals, one farrier, one blacksmith, two musi- 
cians, and sixty privates. There shall also be one ad- 
jutant and one sergeant-major, to be selected as afore- 
said. 
March 6, 
1861, \ 7, 
ch. 29. 
Regiment 
organized. 
63. That the President shall be authorized to raise 
and organize, in addition to the present military es- 
tablishment, one regiment of cavalry and two regi- 
ments of infantry, whenever in his judgment the pub- 
lic service may require such an increase, to be organ- 
ized in accordance with existing laws for the organi- 
zation of cavalry and infantry regiments, and to be 
ff^ho861 
t°r“al iu' 
* For quartermaster-sergeants, see 60. For allowance for use of horses, and 
compensation for horses killed in action, see 95. DIGEST OF 
entitled to the same pay and allowances provided for 
the same respectively. 
XII. Infantry* 
March 6, 
1861.1 3, 
ch. 29. 
Regiments 
organized. 
64. Each regiment of infantry shall consist of one 
colonel, one lieutenant-colonel, one major, and ten com- 
panies; each company shall consist of one captain, 
one first lieutenant, two second lieutenants, four ser- 
geants, four corporals, two musicians, and ninety pri- 
vates ; and to each regiment there shall be attached one 
adjutant, to be selected from the lieutenants, and one 
sergeant-major, to be selected from the enlisted men 
of the regiment. 
Aug. 21,1861 
fi 5, ch. 34. 
Company 
sergeants in- 
creased. 
65. That hereafter there shall be allowed one addi- 
tional sergeant to each company in the service of the 
Confederate States, making, in all, five sergeants per 
company, who shall receive the same pay and allow- 
ances as are provided by existing laws for that grade 
[75], 
Feb. 17,1864 
ch. 76. 
Ensign. 
66. That there shall be appointed by the President, 
to each regiment of infantry in the Army of the Con- 
federate States, an officer to be known as u Ensign,” 
with the rank, pay, and allowances of a first lieuten- 
ant [70], whose duty it shall be to bear the colors of 
the regiment, but without right to command in the 
field. 
XIII. PAY.f 
March 6, 
1861, g 13, 
ch. 29. 
Brigadier- 
general. 
Aide-de- 
camp. 
67. The pay of a brigadier-general shall be three 
hundred and one dollars per month. The aide-de- 
camp of a brigadier-general, in addition to his pay 
as lieutenant, shall receive thirty-five dollars per 
month. 
Ibid, g 14. 
Officers of 
corps of en- 
gineers. 
68. The monthly pay of the officers of the corps of 
engineers shall be as follows: of the colonel, two hun- 
* For two additional regiments, see 63. 
f For pay of officers of sappers and bombardiers, see 56. 
For additional pay to subalterns of the line acting as assistant quartermasters, 
see 30. 
For additional pay to subalterns of the line acting as assistant commissaries, 
see 38. 
For pay of armorers, etc., see 47 et seq.- 
For pay and allowances due deceased soldiers, see 33S et seq. 
For pay of Zouaves, 83. Of engineers and engineer troops, 265 et seq. MILITARY LAWS. 
29 
dred 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 sap- 
pers and miners shall receive the pay of cavalry offi- 
cers of the same grade [71, 265, 276]. 
69. The monthly pay of the colonel of the corps of 
artillery shall be two hundred and ten dollars; of a 
lieutenant-colonel, one hundred and eighty-five dol- 
lars; of a major, one hundred and fifty dollars, and 
when serving on ordnance duty, one hundred and 
sixty-two dollars; of a captain, one hundred and thirty 
dollars; of a first lieutenant, ninety dollars; of a sec- 
ond lieutenant, eighty dollars; and the adjutant shall 
receive, in addition to his pay as lieutenant, ten dol- 
lars per month. Officers of artillery serving in the 
light artillery, or performing ordnance duty, shall re- 
ceive the same pay as officers of cavalry of the same 
grade. 
Ibid, g 15. 
Officers of 
artillery. 
70. 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 hun- 
dred 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 sec- 
ond lieutenant, eighty dollars; the adjutant, in addi- 
tion to his pay as lieutenant, ten dollars. 
Ibid, ? 16. 
Officers of 
infantry. 
71. 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 dol- 
lars; a first lieutenant, one hundred dollars; a second 
lieutenant, ninety dollars; the adjutant, ten dollars 
per month, in addition to his pay as lieutenant. 
Ibid, j! 17. 
Officers of 
cavalry. 
72. The pay of the officers of the general staff, ex- 
cept 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 
Ibid, 2 18. 
General staff 
Surgeon- 
general. 
Surgeons. 30 
DIGEST OF 
grade, shall be two hundred dollars; a surgeon of less 
than ten years’ service in that grade, one hundred and 
sixty-two dollars; an assistant surgeon of ten years’ 
service in that grade, one hundred and fifty dollars; 
an assistant surgeon of five years’ service in that 
grade, one hundred and thirty dollars; and an assist- 
ant surgeon of less than five years’ service, one hun- 
dred and ten dollars. 
Assistant 
surgeons. 
Ibid, \ 19. 
Additional 
pay- 
73. There shall be allowed, in addition to the pay 
hereinbefore provided, to every commissioned officer, 
except the Surgeon-General, nine dollars per month 
for every five years’ service; and to the officers of the 
Army of the United States, who have resigned or may 
resign to be received into the service of the Confeder- 
ate 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 sep- 
arate army actually in the field, of one hundred dol- 
lars. 
Ibid, l 20. 
Forage, 
fuel, etc. 
74. The pay of officers, as hereinbefore established, 
shall be in full of all- allowances, except forage, fuel, 
quarters, and travelling expenses while travelling 
under orders. The allowance 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 can not 
be had, in which case they may be allowed, in lieu of 
forage, eight dollars per month for each horse to which 
they may be entitled, provided they are actually kept 
in service and mustered, and quarters may be com- 
muted at a rate to be fixed by the Secretary of War, 
and fuel at the market price, delivered. An officer 
when travelling under orders shall be allowed mileage 
at the rate of ten cents per mile. 
Commuta- 
tion. 
Mileage. 
Ibid, ? 22. 
Enlisted 
men. 
75. The monthly pay of the enlisted men of the 
Army of the Confederate States shall be as follows: 
That of a sergeant or master-workman of the engi- 
neer 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 sec- MILITARY LAWS. 
31 
ond-class or laborers, and musicians, thirteen dollars. 
The sergeant-major of cavalry, twenty-one dollars; 
first sergeants, twenty dollars; sergeants, seventeen 
dollars; corporals, farriers, and blacksmiths, thirteen 
dollars; musicians, thirteen dollars; and privates, 
twelve dollars. Sergeants-major of artillery and in- 
fantry, twenty-one dollars; first sergeants, twenty 
dollars each; sergeants, seventeen dollars; corporals 
and artificers, thirteen dollars; musicians, twrnlve dol- 
lars; and privates eleven dollars each. The non-com- 
missioned officers, artificers, musicians, and privates 
serving in light batteries shall receive the same pay 
as those of cavalrv. 
76. The President shall be authorized to enlist as 
many master armorers, master carriage-makers, mas- 
ter blacksmiths, armorers, carriage-makers, black- 
smiths, artificers, and laborers, for ordnance service, 
as he may deem necessary, not exceeding in all one 
hundred men, wTho shall be attached to the corps of 
artillery. The pay of a master armorer, master car- 
riage-maker, master blacksmith, shall be thirty-four 
dollars per month; armorers, carriage-makers, and 
blacksmiths, twenty dollars per month; artificers, 
seventeen dollars, and laborers, thirteen dollars per 
month. 
Ibid, ? 23. 
Armorers, 
carriage- 
makers, etc., 
for ordnance 
service. 
1%. That the pay of cadets in the service of the 
Comederate States shall be the same as second lieu- 
tenants of the arm of service to which they are at- 
tached [44], 
Oct. 13,1862 
ch. 54. 
Cadets. 
[See Bounty, etc., Prov. Army, 125 et seq.; also Privateers 
and Prizes, 666, 670.] 
XIV. Bounty 
78. There shall be allowed and paid to every able- 
bodied man who shall be duly enlisted to serve in the 
Army of the Confederate States, a bounty of ten dol- 
lars; but the payment of five dollars of the said 
bounty shall he deferred until the recruit shall have 
been mustered into the regiment in which he is to 
serve. 
May 16,1861 
? 10, cb. 20. 
Often dol- 
lars. digest OF 
XY. Rations.* 
[For Hospital Rations, see “ Hospitals ” 416 et seqi] 
March 6, 
1861. g24, 
ch. 29. One 
ration per 
day. Cloth- 
ing. 
79. Each enlisted man of the Army of the Confeder- 
ate States shall receive one ration per day, and a 
yearly allowance of clothing, the quantity and kind 
of each to be established by regulations from the War 
department, to be approved by the President. 
Ibid, ? 25. 
In kind. 
Commuta- 
tion. 
80. Rations shall generally be issued in kind; but 
under circumstances rendering a commutation neces- 
sary, the commutation value of the ration shall be 
fixed by regulations of the War department, to be 
approved by the President. 
XVI. FoRAGE.f 
March 6, 
1861. 2 21, 
ch. 29. 
In time of 
war. 
81. In time of war, officers of the army shall be en- 
titled to draw forage for horses according to grade, 
as follow's: A brigadier-general, four; the adjutant 
and inspector-general, quartermaster-general, commis- 
sary-general, and the colonels of engineers, artillery, 
infantry, and cavalry, three each; all lieutenant- 
colonels and majors, and captains of the general staff, 
engineer corps, light artillery and cavalry, three 
each; lieutenants serving in the corps of engineers, 
lieutenants of light artillery and of cavalry, two each. 
In time of peace: general and field-officers, 
officers below the rank of field-officers in the gerreral 
staff, 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 em- 
ployed as a servant by any officer of the army. 
In time of 
peace. 
Officers not 
to employ 
enlisted men 
as servants. 
May 21,1861 
§ 3, ch. 38. 
To aides-de- 
camp and 
adjutants. 
82. That the twenty-first section [81] of the act for 
the organization of the Army of the Confederate 
States be so amended as to allow to aides-de-camp 
and to adjutants forage for the same number of horses 
* Officers of army and navy entitled to draw one ration. See 238. 
Officers not allowed to purchase more than one ration a day. See 239. 
For allowance of tobacco ration, see 241. 
f Chaplains entitled to draw forage, 253. 
Officers not on service in the field, under rank of brigadier-general, to draw 
forage for only one horse. See 240. MILITARY LAWS. 
33 
as allowed to officers of the same grade in the mount 
ed service. 
XYII. Zouaves. 
83. That there shall be added to the military estab- 
lishment of the Confederate States one regiment of 
Zouaves, to be composed of one colonel, one lieutenant- 
colonel, one major, and ten companies; and each 
company shall consist of one captain, one first lieuten- 
ant, two second lieutenants, one sergeant-major, one 
quartermaster’s sergeant, four sergeants and eight 
corporals, and ninety privates. And to the regiment 
there shall be attached one adjutant and a quarter- 
master, to be selected from the lieutenants. And one 
assistant surgeon shall be appointed for the regiment, 
in addition to those already authorized by law for the 
medical department. The monthly pay of the officers 
of the regiment of Zouaves shall be the same as that 
of officers of infantry of the same rank; the allow- 
ances shall also be the same as those provided by 
law for officers of infantry; and the adjutant and 
quartermaster shall receive ten dollars per month 
in addition to their-pay as lieutenants. The monthly 
pay of the enlisted men of said regiment of Zouaves 
shall be as follows : sergeant-major and quartermas- 
ter’s sergeants, twenty dollars; sergeants, seventeen 
dollars; corporals, thirteen dollars, and privates, 
eleven dollars each ; together with the same rations 
and allowance for clothing as are received by all other 
enlisted men. 
May 4, 1861 
ch. 2. 
Regiment 
organized. 
Pay. 
II.—PROVISIONAL ARMY. 
I. Forces in Service of the several States; How Received. 
84. For not less than twelve months, unless sooner discharged. 
85. By companies, battalions, or regiments. 
86. Pay and allowances. 
87. Troops tendered by the governors of states. 
II. Militia and Military Forces of the Confederate States, and 
100,000 Volunteers for twelve Months. 
88. President authorized to employ the militia, military, and naval 
forces of the Confederate States. 34 
DIGEST OF 
89. Militia to serve for six months. 
90. Term of militia service not to apply to men furnished by the states 
for three years or the war. 
91. Volunteers; how accepted. 
92. Organization. Appointment of commanding officers of brigades 
and divisions. 
93. Organization amended. Lieutenant-generals. 
94. Organization further amended. 
95. Pay and allowances. Horses killed in action. 
96. Battalion officers. Additional second lieutenant to each company. 
Number of privates to a company. 
97. Two field-officers for each battalion of six companies. 
98. Assistant adjutants-general. 
99. President authorized to receive additional volunteers. 
100. How accepted. Officers. 
101. Vacancies. 
102. Forces ; how organized. 
103. Subaltern of the line assigned as adjutant. 
104. Volunteers accepted singly. 
105. Officers ; how appointed and chosen. 
106. Vacancies in the ranks may be filled by volunteers. Recruiting. 
Transportation, subsistence, and bounty. 
107. Officers appointed to raise troops. Muster, pay, etc., of troops. 
108. Commissions of officers whose commands are fully organized. 
109. Volunteers from states and districts in occupation of the enemy. 
110. Appointment of major and brigadier-generals and other officers. 
III. Volunteers for the War. 
IV. Volunteers for such time as the President may prescribe. 
111. Preamble. Reception of troops. 
112. How organized. Allowances. Service. Enlistment from states 
not of the Confederacy. 
113. Commissions of officers. Supernumerary officer to each company. 
V. 400,000 Volunteers for not less than twelve months, nor more 
„ THAN THREE YEARS. 
114. Militia, military, and naval forces of the Confederate States to be 
employed. 400,000 volunteers for not less than twelve months, 
nor more than three years. 
115. How organized. Pay and allowances. 
116. Act; how construed. 
117. Companies with less than the minimum number of men. 
VI. Requisition upon the States for Troops. 
118. Troops for three years or the war. 
119. How proportioned among the states. 
VII. Bounty; Furloughs; Election of Company Officers, and 
other Privileges. 
120. Bounty for those serving three years or for the war. 
121. Furloughs and transportation. Commutation. 
122. Troops entitled to the benefit of the act. 
123. Reorganization of companies. Election of officers. Vacancies. 
State troops in Confederate States service. 
124. Provisions of Bounty act extended. 
125. Date of rank of'certain officers. 
126. Bounty ; when payable. 
127. Bounty due deceased and discharged soldiers. 
128. Bounty of one hundred dollars. MILITARY LAWS. 
35 
129. For three years or the war. 
130. Detail of officers. 
131. Companies in service for twelve months. Election of officers. Pro- 
motion. 
132. Detail of officers. Bounty, etc. 
133. Regiments, etc., reorganized. 
134. Companies organized by re-enlisted twelve months’ volunteers. 
135. When companies may be united. 
136. Rules. 
137. Officers to raise volunteers from Kentucky, Missouri, Maryland, or 
Delaware. 
138. Recruiting stations for volunteers from Kentucky, Missouri, Mary- 
land, and Delaware. 
139. Officers to raise and command companies of such volunteers. 
140. Organization of companies. 
141. Compensation to recruits. 
142. Maryland Line. 
VIII. Recruiting. 
143. Preamble. All white men between eighteen and thirty-five years 
of age. Continuance in service of those now in the army. Re- 
organization of companies, etc. Furloughs. Commutation. 
All under eighteen and over thirty-five, now enrolled. 
144. All white men between the ages of thirty-five and forty-five. Who 
to be first called out. Disposition of those called into service. 
Suspension of this act and that of April 16, 1862, in certain 
localities. 
145. Enrolment of conscripts wherever found. State military organi- 
zations. Suspension of this act in certain localities. 
146. Companies, etc., in process of organization. 
147. Officers to make enrolment. 
148. Assignment of persons enrolled. 
149. Seamen, transfer of. 
150. Idem. 
151. Reserves. When subject to the Rules and Articles of War. Re- 
serves, when to be called into the service; organization; elec- 
tion of officers. 
152. Bounty. 
153. Private arms to be paid for. 
154. Substitutes. 
155. Substitute system abolished. 
156. Principals liable to service. 
157. Vacancies; how filled. 
158. Idem. 
159. Election of officers of regiments composed of twelve months and 
war companies combined. 
160. Rank and file to each company. 
161. Privilege of volunteering. 
162. Regiments or battalions organized prior to October 1, 1862. 
163. Regiments or battalions organized of conscripts in states west of 
the Mississippi river. 
164. To elect their officers. 
165. Infantry raised prior to December 1, 1862, in Middle and West 
Tennessee. 
166. Of all white men between seventeen and fifty. 
167. Present organization to be preserved. 
168. Persons heretofore discharged. Persons who have furnished sub- 
stitutes. 
169. Time and places of enrolment. 
170. Voluntary organizations. Rendezvous. 
171. Failure to attend at rendezvous. 
172. Employees of Quartermaster and Commissary departments, etc. 
173. Penalty for violating provisions of foregoing section. 
IX. Conscription. 36 
DIGEST OF 
174. Details. 
175. Local boards of surgeons. 
X. Camps of Instruction. 
176. Established. 
177. Male free negroes. Rations, clothing, and compensation. Ex- 
emptions. 
178. Male negro slaves. Rations, clothing, and wages. In case of loss 
of slave. 
179. When male slaves may be impressed. 
XI. Employment of Negroes. 
XII. Exemption. 
180. AVhajt persons are exempted. 
181. Officers of the Confederate and State governments. State troops. 
Railroad, telegraph, and boat employees. Printers and pub- 
lishers of newspapers. Ministers of religion and others. Phy- 
sicians. Mechanics. Proviso. Superintendents of hospitals 
and others. Apothecaries. Teachers. Employees for the 
manufacture of arms, etc. Proviso. Shipbuilders. Miners 
of salt, iron, and lead. Stock-raisers. Owners or overseers 
on plantations of twenty negroes. Duration of exemptions. 
182. Repeal of Exemption act of April 21, 1862. 
183. Repeal of so much of the act of October 11, 1862, as relates to the 
exemption of persons on plantations. 
184. For the police and management of slaves. 
185. For the production of grain and provisions. 
186. State officers exempted by the governor. 
187. Mail contractors. 
188. Drivers of mail-coaches, etc. 
189. Repeal of former laws. Who exempt from service. Persons unfit 
for service. Certain Confederate and State officers. Ministers 
of religion, editors, etc., etc. Overseers, etc. Exemption or 
details for production of grain or provisions. Officers and em- 
ployees of certain railroad companies. Mail contractors. 
XIII. Rendezvous. 
190. For examination of persons enrolled. 
191. Board of examination. 
192. Absence of enrolled persons on account of sickness. 
XIV. Local Defence and Special Service. 
193. Defence of exposed localities. 
194. Muster-roll to set forth the services. Pay. 
195. How organized. Field-officers. 
196. Companies composed of persons not liable to military duty. Mus- 
ter-roll. Persons of any age in certain states may form part 
of such companies. Oath of allegiance. 
197. Armed vessels for seaboard and general defence. 
198. Corps for service on the western waters. 
199. Floating defences for Mississippi river. 
200. Appropriation for defence of Bay of Mobile. 
201. Corps for defence of Bay of Mobile and Alabama river. 
XV. Quartermaster, Commissary, and Medical Departments. 
202. Appointment of additional officers for service with militia or vol- 
unteers. 
203. Additional quartermasters and commissaries for permanent posts 
and depots. MILITARY LAWS. 
37 
204. Persons liable to military service not to be appointed as clerks. 
Details for service. 
205. Date of rank and pay. 
206. Settlement of claims. 
207. Surgeons for hospitals. 
208. Office of regimental commissary abolished. 
209. Commissary-sergeants. 
210. Supplies; how drawn by regimental quartermasters acting as com- 
missaries. 
211. Sales; how to be made. 
212. Quartermasters and commissaries permanently detached. 
213. Orders to be issued by Secretary of War. 
214. Repeal of conflicting laws. 
215. Public moneys not to be invested in property on private account, 
nor loaned. 
216. Officers not to traffic nor speculate in articles of food, clothing, 
materials of war, etc. 
217. Receipts in blank prohibited. What receipts shall state. 
218. Transportation of private property. 
219. Penalty on conviction before a court-martial or military court. 
220. Indictment, fine, and imprisonment. Civil remedy. Peace officers 
to have power of commitment. Charge to grand juries. 
XVI. Supplies, Clothing, and Provisions. 
221. Volunteers to furnish their own clothing. 
222. Money in lieu of clothing. 
223. Twenty-one dollars in lieu of six months’ clothing. Price of cloth- 
ing received, to be deducted. 
224. Clothing to be furnished to the entire forces of the Confederate 
States. Clothing furnished by the states to be paid for. 
225. Clothing ; when furnished by the troops. 
226. Law providing commutation for clothing. Repealed. Clothing 
in kind. 
227. Importation of machinery and materials for manufacture of cloth- 
ing or shoes. 
228. Machinery may be worked, or leased, or sold. 
229. Privileges extended to companies or individuals. 
230. Color and quality of clothiug. 
231. Detail of persons for manufacture of shoes. 
232. Pay. 
233. Militia; commutation for clothing. 
234. Claims for commutation ; how settled. 
235. Purchase of steamer, and supplies of leather, shoe?, etc. 
236. Bread in lieu of flour. Fresh vegetables. 
237. Private contributions. 
238. Rations to officers. 
239. Purchase of clothing and cloth. 
240. Limitation as to forage. 
241. Rations of tobacco for enlisted men. 
242. Mileage in lieu of travelling pay, subsistence, forage, and undrawn 
clothing. Proviso. 
243. For persons to whom furloughs have been allowed. 
XVII. Transportation. 
244. Employment of. 
245. Appropriation. 
246. Cooks for the use of companies ; their duties. 
247. Cooks may be white or black, free or slave. Pay. 
XVIII. Cooks and Nurses. 
XIX. Chaplains. 
248. Appointment of. 
249. Pay 38 
DIGEST OF 
250. Pay reduced. 
251. Rations. 
252. Pay and rations, 
253. Forage allowed. 
254. Appointment, rank, pay, and emoluments of officers of engineers. 
255. Additional officers. 
256. Number of officers in each grade limited. 
257. Additional officers. 
258. One company of engineer troops for each division of infantry. 
259. Of what to consist. 
260. Commissioned officers. Original vacancies; how filled. 
261. Organization into regiments. Field and staff officers. Original 
vacancies; how filled. 
262. Pontoniers. 
263. Wagons, pontons, tools, arms, etc. 
264. Vacancies in established regiments; how filled. 
265. Pay of officers. 
266. Pay of enlisted men. 
267. Mounted troops. 
268. Quartermaster’s sergeants. 
269. One company of troops from every twelve regiments of infantry. 
270. Of what to consist. 
271. Commissioned officers. Original vacancies. 
272. Organization into regiments. 
273. Pontoniers. 
274. Wagons, pontons, arms, etc. 
275. Vacancies in established regiments. 
276. Pay of officers. 
277. Of enlisted men. 
278. Mounted troops. 
279. Transfer of troops. 
XX. Engineers and Engineer Troops. 
280. Light artillery. 
281. Heavy artillery. 
282. All companies of light and heavy artillery. 
283. Officers of artillery. 
284. Officers increased. Ordnance duties. 
285. Officers further increased for ordnance duties. 
XXI. Artillery. 
XXII. Military Storekeepers op Ordnance. 
286. Appointment, number, and pay. 
287. First-class to give bonds. Eligibility. 
288. Number increased. 
XXIII. Partisan Rangers. 
289. Officers to form bands of partisan rangers. 
290. Pay, rations, etc., of partisan rangers. 
291. Arms and munitions of war captured. 
292. Former act repealed. Cavalry. 
293. Merged into army organization. 
294. Certain companies excepted. 
295. Battalion for each brigade. How armed and organized. Officers. 
296. Arms; whence obtained. 
XXIV. Sharp-shooters. 
XXV. PlKEMEN. 
297. Organization. 
298. To serve as infantry. Vacancies in tlie companies armed with fire- 
arms. 
299. Copies of this act to be furnished to every general. MILITARY LAWS. 
39 
300. Corps organized. 
301. Corps increased. 
XXVI. Signal Corps. 
302. Preamble. Honorable discharge. 
303. For camps of instruction and reserve forces. 
XXVII. Drill-Masters. 
304. Appointment of. 
305. Pay of colored musicians. 
XXVIII. Buglers and Musicians. 
306. Examining board. Duties. 
307. Decisions of the board and report of its proceedings. 
308. Secretary of War's approval. President’s authority. 
309. Monthly reports of the conduct of commissioned officers. 
310. Vacancies; how filled, where officers are dropped or honorably re- 
tired. 
XXIX. Disqualified, Disabled, and Incompetent Officers. 
XXX. Invalid Corps. 
311. Retirement or discharge of persons disabled by service. 
312. Examination before medical board. 
313. Periodical examination. 
314. Assignment to suitable duty. 
315. Rules. 
316. Vacancies. 
317. Act to be enforced. 
XXXI. Retirement of Officers. 
318. When incompetent or without commands. 
319. Penalty for. 
320. Report of cases. Trial. 
321. Findings of courts. 
322. Jurisdiction conferred on military courts and general courts- 
martial. 
323. Any citizen may report violations of the act. 
324. Intemperate habits. Penalty. 
XXXII. Drunkenness. 
XXXIII. Absence without Leave 
325. Soldiers absent without leave not to receive pay. 
326. Length of absence to be stated on pay and muster-rolls, and pay 
for such time to be deducted. 
327. Officers to certify on honor as to absence. Certificate of com- 
manding officers of companies. 
238. As to other penalties. 
329. Soldiers not to be punished by whipping. 
330. Article of War “twenty” amended. 
XXXIV. Punishment by Whipping Prohibited. 
331. Pay as clerks increased to one dollar per day. 
332. Pay increased to three dollars per day in lieu of rations and al- 
lowances. 
XXXV. Detailed Soldiers and Transfer of Troops. 40 
DIGEST OF 
333. Duration of the act. 
334. Extended. 
335. Increase of pay. 
336. Transfer of troops to regiments from their own states. 
337. Transportation. 
XXXVI. Pay and Allowances due Deceased Soldiers. 
338. To whom payment shall be made. 
339. Mode of payment. 
340. When payment may be made without producing pay-roll. 
341. Claims of deceased commissioned officers. 
342. Clerks to assist in settling claims. 
343. Clerks to be employed for twelve months. 
344. Employment continued until otherwise provided by Congress. 
345. State agents. 
346. One to each army corps. To consist of three members. Judge 
Advocate. 
347. Provost marshal and clerk. Oath of members and officers of the 
court. 
348. Rules of court. 
349. Jurisdiction of each court. 
350. Courts shall attend the army. Decisions and sentences. 
351. Appointments during recess of Senate. 
352. Additional military court in each department. 
353. One in North Alabama. 
354. Additional courts for divisions of cavalry, and for each state. 
355. When two or more army corps are united. Jurisdiction. 
356. Assignment and transfer of members and officers. 
357. Jurisdiction extended. 
358. Transfer of judges. 
359. Act; when to take effect. 
360. Field-officers may be detailed as members. 
361. Summons of witnesses. Penalty for disobeying summons. 
362. Pay for attendance on court. 
XXXVII. Military Courts, 
363. Payment for services. Allowance in lieu of clothing ; to whom 
paid. 
364. Accounts of acting commissaries and quartermasters of said 
troops; how to be settled. 
365. Articles furnished by Jones and Thebo and R. M. Jones. 
XXXVIII. Indian Troops. 
XXXIX. Virginia Militia. 
366. Compensation allowed officers for period of actual service. 
367. Certificates of service required. 
368. Pay of staff officers. 
369. No payments to be made in certain cases. 
370. Twenty general officers. 
371. General for trans-Mississippi department. 
372. Additional lieutenant-generals. 
373. Rank; how long to continue. 
374. Adjutants of regiments and legions of the grade of subaltern. 
375. Adjutants for battalions of the grade of subaltern. 
376. Minors may be commissioned. 
377. Officers or soldiers elected to certain, civil offices. 
378. Loss of muster-rolls. Proof of service. 
379. Oath to enable sick and other soldiers to receive pay. 
XL. Miscellaneous. MILITARY LAWS. 
41 
380. Army intelligence-office. 
381. Medals and badges. 
382. Promotion for peculiar value or skill. 
383. Repeal of conflicting laws. 
384. Cavalry equipments. 
385. Horses of, purchased by order of Colonel Angus W. McDonald. 
386. Procuring or enticing soldiers to desert. Purchase of arms, 
clothing, etc., from soldiers. 
387. Officers or privates to be paid for performance of staff duty. 
I. Forces in Service of the several States ; How 
Received. 
84. That the President be authorized to receive in- 
to the service of this government such forces now in 
the service of said states as may be tendered or who 
may volunteer, by consent of their state, in such num- 
bers as he may require, for any time not less than 
twelve months, unless sooner discharged. 
Feb. 28, 1861 
l 3, ch. 22. 
For not less 
than twelve 
months, un- 
less sooner 
discharged. 
85. That such forces may be received, with their 
officers, by companies, battalions, or regiments, and 
when so received shall form a part of the Provis- 
ional Army of the Confederate States, according to the 
terms of their enlistment; and the President shall 
appoint, by and with the advice and consent of Con- 
gress, such general officer or officers for said forces as 
may be necessary for the service. 
Ibid, i 4. 
By compa- 
nies, battal- 
ions, or regi- 
ments. 
86. That said forces, when received into the service 
of this government, shall have the same pay and al- 
lowances as may be provided by law for volunteers 
entering the service, or for the Army of the Confed- 
erate States [67 to 77], and shall be subject to the 
same rules and government. 
Ibid, \ 5. 
Pay and al- 
lowances. 
87. That the President be and he is hereby author- 
ized to accept the services of any companies, squad- 
rons, battalions, or regiments which have been organ- 
ized and are now in service under the authority of any 
of the states of the Confederacy, and which may be 
tendered by the governors of said states, with an or- 
ganization conforming to the act of March sixth, A.D. 
eighteen hundred and sixty-one, “ to provide for the 
public defence ” [91, 92, 95, 96]. 
April 21, 
1862, ch. 73. 
Troops ten- 
dered by the 
governors of 
states. digest of 
II. Militia* and Military Forces of the Confeder- 
ate States, and 100,000 Volunteers for twelve 
months. 
March 6, 
1861, \ 1, 
ch. 26. 
President 
authorized 
to employ 
the militia, 
military and 
naval forces 
of the Con- 
federate 
States. 
88. That in order to provide speedily forces to repel 
invasion, maintain the rightful possession of the Con- 
federate States of America in every portion of terri- 
tory belonging to each state, and to secure the public 
tranquillity and independence against threatened as- 
sault, the President be and he is hereby authorized 
to employ the militia, military, and naval forces of the 
Confederate States of America, and to ask for and 
accept the services of any number of volunteers, 
not exceeding one hundred thousand, who may offer 
their services, either as cavalry, mounted riflemen, ar- 
tillery, or infantry, in such proportion of these sever- 
al arms as he may deem expedient, to serve for twelve 
months [118] after theyshall be mustered into service, 
unless sooner discharged. 
Volunteers 
for twelve 
months. 
Ibid, \ 2. 
Militia to 
serve for six 
months. 
89. That the militia, when called into service by 
virtue of this act or any other act, if in the opinion of 
the President the public interest requires, may be 
compelled to serve for a term not exceeding six months 
after they shall be mustered into service, unless sooner 
discharged. 
90. That the act entitled “ An act to provide for the 
public defence,” approved sixth of March, eighteen 
hundred and sixty-one, be and the same is hereby so 
amended that the. provisions of the second section of 
said act [89], limiting the term for which the militia 
may be called into service to a period not exceeding 
six months, shall not apply to men drafted into ser- 
vice by the several states, and furnished by said states 
to the President for service for three years or during 
the war, in response to requisitions made upon said 
states according to law. 
Jan. 29,1862 
ch. 58. 
Term of 
militia ser- 
vice not to 
apply to men 
furnished by 
the states 
for three 
years or the 
war. 
March 6, 
1861, 3 5, 
ch. 26. 
Volunteers ; 
how accept- 
ed. 
91. That the said volunteers [88], so offering their 
services, may be accepted by the President in compa- 
nies, squadrons, battalions, and regiments, whose offi- 
cers shall be appointed in the manner prescribed by 
* For Virginia militia, see XXXIX, 366. See also 114,115. For commutation 
for clothing for militia, see 233. MILITARY LAWS- 
43 
law in the several states to which they shall respec- 
tively belong; but when inspected, mustered, and re- 
ceived into the service of the Confederate States, said 
troops shall be regarded in all respects as a part of the 
army of said Confederate States, according to the 
terms of their respective enlistments. 
92. That the President is hereby authorized to or- 
ganize companies so tendering their services into bat- 
talions or squadrons, battalions or squadrons into regi- 
ments, regiments into brigades, and brigades into divis- 
ions, whenever in his judgment such organization 
maybe expedient; and whenever brigades or divis- 
ions shall be organized, the President shall appoint the 
commanding officers for such brigades and divisions, 
subjeet to the confirmation of Congress, who shall hold 
their offices only while such brigades and divisions are 
in service; and the President shall, if necessary, appor- 
tion the staff and general officers among the respective 
states from which the volunteers shall tender their 
services, as he may deem proper. 
Ibid, I 6. 
Organiza- 
tion. 
Appoint- 
ment of com- 
manding 
officers of 
brigades and 
divisions. 
93. That the sixth section of the act to provide for 
the public defence, approved on the sixth of March, 
eighteen hundred and sixty-one [92], be amended by 
adding after the words “ brigades into divisions,” the 
words “ and divisions into army corps,” and each army 
corps shall be commanded by a lieutenant-general,* 
to be appointed by the President, by and with the ad- 
vice and consent of the Senate, who shall receive the 
pay of a brigadier-general [fi7]. 
Sept. 18, 
1862, ch. 3. 
Organiza- 
tion amend- 
ed. 
Lieutenant- 
general*. 
94. That the sixth section of an act to provide for 
the public defence, approved March sixth, eighteen 
hundred and sixty-one [92], be so amended as to au- 
thorize the President to oi’ganize divisions of the Pro- 
visional Army of the Confederate States into army 
corps, and, by and with the advice and consent of the 
Senate, to appoint officers to the command thereof. 
Oct. 6, 1862 
ch. 26. 
Organiza- 
tion further 
amended. 
March 6, 
1861, | 7, 
ch. 26. 
95. That whenever the militia or volunteers are call- 
ed and received into the service of the Confederate 
States, under the provisions of this act, they shall have 
Pay and al- 
lowances. 
* Lieutenant-generals to command military departments authorized, 072. 44 
DIGEST OF 
the same organization, and shall have the same pay 
and allowances as may be provided for the regular 
army [67 to 77]; and all mounted non-commissioned 
officers, privates, musicians, and artificers shall be 
allowed forty cents per day for the use and risk of 
their horses; and if any volunteer shall not keep him- 
self provided with a serviceable horse, such volunteer 
shall serve on foot. For horses killed in action, vol- 
unteers shall be allowed compensation according to 
their appraised value at the date of muster into ser- 
vice. 
Horses kill- 
ed in action. 
Ibid, g 8. 
Battalion 
officers. 
96. That the field and staff officers of a separate 
battalion of volunteers shall be one lieutenant-colonel 
or major, one adjutant with the rank of lieutenant, 
one sergeant-major, one quartermaster-sergeant, and 
a chief bugler or principal musician, according to 
corps; and that each company shall be entitled to an 
additional second lieutenant; and that the President 
may limit the privates in any volunteer company, ac- 
cording to his discretion, at from sixty-four to one 
hundred. 
Additional 
second lieu- 
tenant to 
each compa- 
ny. 
Number of 
privates to a 
company. 
Aug. 2.18S1 
# 1, ch. 8. 
Two field- 
offlcere for 
each battal- 
ion of Bix 
companies. 
97. That the eighth section of the act of March 6, 
1861, “ to provide for the public defence ” [96], be and 
the same is hereby so far amended that whenever bat- 
talions of volunteers in the service of the Confederate 
States shall consist of not less than six companies, 
there may be allowed, in the discretion of the Presi- 
dent, to each battalion so constituted, two field-officers, 
one with the rank of lieutenant-colonel and the other 
•with the rank of major. 
Ibid, g 2. 
Assistant ad- 
jutauts-gen- 
eral. 
98. That the President be and he is hereby author- 
ized to appoint for the volunteer forces in the Confed- 
erate service as many assistant adjutants-general as 
the service may require, whose rank shall correspond 
with the rank of the assistant adjutants-general in the 
regular army, and who shall receive the same pay and 
allowances, according to their respective grades [72]. 
May 8,1861 
g 1, ch. 5. 
President 
99. That in addition to the volunteer force author- 
ized to be raised under existing laws [84, 88], the Presi- 
III. Volunteers for the War. MILITARY LAWS. 
45 
dent be and he is hereby authorized to accept the 
services of volunteers who may offer their services, 
without regard to the place of enlistment, either as 
cavalry, mounted riflemen, artillery, or infantry, in 
such proportion of these several arms as he may deem 
expedient, to serve for and during the existing war, 
unless sooner discharged [109, 110]. 
authorized 
to receive 
additional 
volunteers. 
100. That the volunteers so offering their services 
may be accepted by the President in companies, to be 
organized by him into squadrons, battalions, or regi- 
ments. The President shall appoint all field and staff 
officers, but the company officers shall be elected by 
the men composing the company; and if accepted, the 
officers so elected shall be commissioned by the Presi- 
dent [109, 110]. 
Ibid, } 2. 
How accept- 
ed. 
Officers. 
101. That any vacancies [105] occurring in the ranks 
of the several companies mustered into service under 
the provisions of this act, may be filled by volunteers 
accepted under the rules of such companies ; and any 
vacancies occurring in the officers of such companies 
shall be filled by elections in accordance with the same 
rules. 
Ibid. 13. 
Vacancies. 
102. Except as herein differently provided, the vol- 
unteer forces hereby authorized to be raised shall, in 
all regards, be subject to and organized in accordance 
with the provisions of “ An act to provide for the pub- 
lic defence ” [92 et seq.~\, and all other acts for the gov- 
ernment of the Armies of the Confederate States. 
Ibid, § 4. 
Forces; how- 
organized. 
103. That so much of the second section of the act 
entitled “ An act to raise an additional military force to 
serve during the war,” passed May eighth, eighteen 
hundred and sixty-one, be so amended as to authorize 
the President, on the application of any commanding 
officer of a regiment or battalion authorized by said 
act, to assign a subaltern of the line of the army to 
the duties of adjutant of said regiment or battalion 
[100]. 
May 21,1861 
ch. 40. 
Subaltern of 
the line as- 
signed as 
adjutant. 
104. That volunteers offering their services under 
an act entitled “ An act to raise an additional military 
force to serve during the war,” approved May eighth, 
eighteen hundred and sixty-one [100], may be aceept- 
.Ian. 22,1862 
I 1, ch. 46. 
Volunteers 
accepted 
singly. 46 
DIGEST Or 
ed by the President singly as well as in companies, 
squadrons, battalions, or regiments. 
Ibid, \ 2. 
Officers; how 
appointed 
and chosen. 
105. In all appointments of officers raised under this 
act, the field and company officers shall be chosen and 
appointed in the manner prescribed by the act entitled 
“ An act providing for the granting of bounty and fur- 
loughs to privates and non-commissioned officers in 
the Provisional Army,” approved December eleventh, 
eighteen hundred and sixty-one [123] ; and all vacan- 
cies occurring in the said offices after the first election 
made under this act, as well as under the act entitled 
“ An act to raise an additional military force to serve 
during the war,” approved May eighth, eighteen hun- 
dred and sixty-one [99], shall be filled by promotion, 
according to grade and seniority, as provided in the 
said act of eleventh December, eighteen hundred and 
except in case of disability or other incom- 
peteiicy : Provided, however, That the President be au- 
thorized to depart from the prescribed rule of promo- 
tion in favor of any person specially distinguished by 
his commanding general for extraordinary merit, or 
some signal act of military skill or gallantry [157, 158, 
310, 382]. 
Ibid, l 3. 
Vacancies in 
the ranks 
maybe filled 
by volun- 
teers. 
106. Any vacancies occurring in the ranks of com- 
panies mustered into the Confederate service for three 
years or for the war, may be filled by volunteers ; and 
the commander of each of said squadrons, battalions, or 
regiments organized as aforesaid, may detail one com- 
missioned officer, and one non-commissioned officer, 
and one or more privates, from each company of his 
command, with the approval of the brigadier-general 
of the brigade to which said squadron, battalion, or 
regiment may be attached, to recruit men for said 
company: so that the same may contain not more 
than one hundred and twenty-five, rank and file; and 
the men so recruited shall be mustered at the time of 
enrolment, and shall be entitled to transportation and 
subsistence, or commutation of subsistence, till they 
join their respective companies, and to fifty dollars 
bounty, to be paid at the time of joining the same. 
Recruiting. 
Transporta- 
tion, subsis- 
tence, and 
bounty. 
Ibid, § 4. 
107. The President be and he is hereby authorized MILITARY LAWS. 
47 
to appoint and commission persons as field-officers or 
captains, to raise regiments, squadrons, battalions or 
companies, and the individuals comprising the same 
shall be mustered at the time of enrolment, and be en- 
titled to pay, transportation, and subsistence from the 
date of the organization of companies; but the officers so 
appointed by the President shall not be entitled to any 
pay or allowance until their respective commands be 
fully organized and reported to the Secretary of War; 
and said appointments shall expire if the officer ap- 
pointed shall not, within a reasonable time, not to ex- 
ceed two months for a company and four months for for 
a battalion, squadron, or regiment, report the corps 
authorized to be raised by him, organized and ready 
for duty : Provided, nevertheless, That every officer so 
commissioned for such purpose shall receive an ap- 
pointment proportioned to the forces he recruits : And 
provided, furthermore, That no enlistments under the 
commission of captains shall be obligatory, unless the 
number be sufficient to constitute a company. 
Officers ap- 
pointed to 
raise troops. 
Muster, pay, 
etc., of 
troops. 
108. That the second section of the above recited-aet 
[105], requiring the election of field and company offi- 
cers by regiments and companies, shall not apply to 
companies, battalions, and regiments raised under the 
fourth section of said act [107]; but the officers ap- 
pointed by the President to raise such companies, bat- 
talions, and regiments shall be the officers of the same; 
and the commissions of such officers granted by the 
President shall, when their respective commands are 
fully organized, be absolute. 
Feb. 3,1862 
ch. 65. 
Commis- 
sions of offi- 
cers whose 
commands 
are fully or- 
ganized. 
109. That the first and second sections [99, 100] of 
the act to which this is an amendment are hereby 
declared to have full force and effect in those states 
and districts in which the President may, under the 
law, suspend the provisions of the acts providing for 
the enrolment of persons for military service, or when 
said acts can not be enforced by reason of the occu- 
pation of the enemy: Provided, That the troops 
received under the sections of said act shall be receiv- 
ed for three years or for the war. 
Oct. 11, 1862 
§ 1. ch. 43. 
Volunteers 
from states 
and districts 
in occupa- 
tion of the 
enemy. 
110. That the President may, in cases when, in his 
Ibid, l 2. DIGEST OF 
Appoint- 
ment of ma- 
jor and bri- 
gadier-gen- 
erals, and 
other offi- 
cers. 
opinion, the public interest requires that he should do 
so, appoint major and brigadier-generals, with their 
appropriate staff, and also the field, company, and 
staff officers to regiments, battalions, companies, or 
squadrons before the same are organized, by and 
with the advice and consent of the Senate; and if said 
regiments, battalions, companies, or squadrons are not 
reported as complete within a reasonable time, the 
President may, in his discretion, vacate the commis- 
sions of said officers, who shall be entitled to the pay 
of their respective grades from the date of their 
respective appointments until their commissions are 
vacated; and that companies of infantry shall consist 
of at least one hundred and twenty-five rank and file, 
companies of artillery of at least one hundred and 
fifty rank and file, and companies of cavah*y of at 
least eighty rank and file. 
IV. Volunteers for such time as the President 
MAY PRESCRIBE. 
Slay 11,1861 
$ 1. ch. 8. 
Preamble. 
111. Whereas, war exists between the United States 
and the Confederate States; and whereas the public 
welfare may require the reception of volunteer forces 
into the service of the Confederate States without 
the formality and delay of a call upon the respective 
States: 
Reception of 
troops. 
The Congress of the Confederate States of America do 
enact, That the President be authorized to receive 
into service such companies, battalions, or regiments, 
either mounted or on foot, as may tender themselves, 
and he may require, without the delay of a formal 
call upon the respective states, to serve for such time 
as he may prescribe. 
Ibid, ? 2. 
How organ- 
ized. 
112. Such volunteer forces who may be accepted 
under this act, except as herein differently provided, 
shall be organized in accordance with and subject to 
all the provisions of the act entitled “An act to pro- 
vide for the public defence” [91, 92, 95, 96], and be 
entitled to all the allowances provided therein; and 
when mustered into service may be attached to such 
divisions, brigades, or regiments as the President may 
Allowances. MILITARY LAWS. 
49 
direct, or ordered upon such independent or detached 
service as the President may deem expedient: Pro- 
vided1, however, that battalions and regiments may be 
enlisted from states not of the Confederacy, and the 
President may appoint all or any of the field-officers 
thereof. 
113. The President shall be authorized to commis- 
sion all officers entitled to commissions, of such volun- 
teer forces as may be received under the provisions of 
this act. And upon the request of the officer com- 
manding such volunteer regiment, battalion, or com- 
pany, the President may attach a supernumerary 
officer to each company (detailed from the regular 
army for that purpose) [21], and for such time as the 
President may direct. 
Service. 
Enlistments 
from states 
not of the 
Confederacy. 
Ibid, l 3. 
Commissioufl 
of officers. 
Supernume- 
rary officer 
to each com- 
pany. 
V. 400,000 Volunteers for not less than twelve 
MONTHS, NOR MORE THAN THREE YEARS. 
114. That, in oi’der to provide additional forces to 
repel invasion, maintain the rightful possession of the 
Confederate States of America, and to secure the 
independence of the Confederate States, the President 
be and he is hereby authorized to employ the militia, 
military, and naval forces of the Confederate States 
of America, and to ask for and accept the services of 
any number of volunteers, not exceeding four hun- 
dred thousand, who may offer their services, either as 
cavalry, mounted riflemen, artillery, or infantry, in 
such proportions of these several arms as he may 
deem expedient, to serve for a period of not less than 
twelve months, nor more than three years, after they 
shall be mustered into service, unless sooner dis- 
charged. 
Ang. 8, 1861 
§ 1, ch. 20. 
Militia, mili- 
tary, and 
naval forces 
of the C. S. 
to be em- 
ployed. 
400,000 vol- 
unteers for 
not less than 
12 months 
nor more 
than 3 years. 
115. That whenever the militia or volunteers are 
called and received into the service of the Confedei’ate 
States, under the provisions of this act, they shall be 
organized under the act of the 6th of March, 1861, 
entitled “An act to provide for the public defence” 
[91, 92, 95, 96], with the same pay and allowances of 
Ibid, i 2. 
How organ- 
ized. 
Pay and al- 
lowances. 50 
digest or 
said act, and the same time for the service of the 
militia [89]. 
116. Nothing in this act shall be construed to extend 
to or in anywise to alter any act heretofore passed, 
authorizing the President to receive troops offered 
directly to the Confederate States for the war, or for 
any less time. 
Ibid, 23. 
Act; now 
construed. 
April 19,1862 
ch. 57. 
Companies 
with less 
than the 
minimum 
number of 
men. 
117. That in all cases heretofore occurring whore 
companies, not having the minimum number of men 
necessary to form a company as required by existing 
laws, have been organized into companies which have 
entered into the service by order of a commanding 
general, or been received by such officer into the ser- 
vice, in all such cases the Secretary of War is hereby 
authorized and required to recognize said companies 
as if duly organized under existing laws, and the offi- 
cers of said companies are hereby declared as entitled 
to the same rank to which they would have been 
entitled if the companies had been duly organized; 
and the officers and men thereof shall be entitled to 
draw their pay and rations as if they had been duly 
authorized under existing laws. 
VI. .Requisition upon the States for Troops. 
Jan. 23,1862 
11, ch. 50. 
Troops for 3 
years or the 
war. 
118. That the first section of the act of March 
sixth, eighteen hundred and sixty-one [88], be and is 
hereby so modified as to authorize the President to 
call upon the several states, in his discretion, for any 
number of troops, not exceeding, in the aggregate, 
the number heretofore authorized, to serve for the 
term of three years or during the war. 
119. In making such requisitions, the President shall 
take into consideration the number of troops from 
each state already enlisted for the war at the time of 
the requisition, and shall, as far as practicable, equal- 
ize the same among the states according to their 
respective white population. 
Ibid, l 2. 
How propor- 
tioned 
among the 
states. MILITARY LAWS. 
51 
VII. Bounty;* Furlouoiis; Election of. Company 
Officers, and other privileges. 
120. That a bounty of fifty dollars be and the same 3 
is hereby granted to all privates, musicians, and non- ] 
commissioned officers in the Provisional Army, who i 
shall serve continuously for three years or for the 
war, to be paid at the following times, to wit: To all 
now in the service for twelve months, to be paid at 
the time of volunteering or enlisting for the next two 
ensuing years subsequent to the expiration of their 
present term of service. To all now in the service 
for three years or for the war, to be paid at the expi- 
ration of their first year’s service. To all who may 
hereafter volunteer or enlist for three years or for the 
war, to be paid at the time of entry into service [126]. 
121. That furloughs, not exceeding sixty days, with 
transportation home and back, shall be granted to all 
twelve months’ men now in service who shall, prior 
to the expiration of their present term of service, 
volunteer or enlist for the next two ensuing years 
subsequent to the expiration of their present term of 
service, or for three years or the war; said furloughs 
to be issued at such times and in such numbers as the 
Secretary of War may deem most compatible with 
the public interest; the length of each furlough being 
regulated with reference to the distance of each vol- 
unteer from his home : Provided, That in lieu of a fur- 
lough, the commutation value in money of the trans- 
portation herein above granted shall be paid to each 
private, musician, or non-commissioned officer who 
may elect to receive it, at such time as the furlough 
itself would otherwise be granted. 
122. This act shall apply to all troops who have 
volunteered or enlisted for a term of twelve months 
or more in the service of any state, who are now in 
the service of the said state, and who may hereafter 
volunteer or enlist in the service of the Confederate 
States under the provisions of the present act. 
Deo. 11,1861 
g 1, ch. 9. 
Bounty for 
those serv- 
ing 3 years 
or for the 
war. 
Ibid, g 2. 
Furloughs 
and trans- 
portation. 
Commuta- 
tion. 
Ibid, g 3. 
Troops en- 
titled to the 
benefit of 
the act. 
* For bounty to enlisted men in regular army, see 78. To men recruited for 
three years or the war, 106,132. To soldiers continued in service by Conscription 
act of 16th of April, 1862, see 152. 52 
DIGEST OF 
Ibid,? 4. 
Reorganiza- 
tion of com- 
panies. 
123. That all troops revolunteering or re-enlisting 
shall, at the expiration of their present term of ser- 
vice, have the power to reorganize themselves into 
companies and elect their company officers, and said 
companies shall have the power to organize them- 
selves into battalions or regiments and elect their 
field-officers; and after the first election all vacancies 
shall be filled by promotion from the company, bat- 
talion, or regiment in which such vacancies may 
occur: Provided, That whenever a vacancy shall 
occur, whether by promotion or otherwise, in the 
lowest of commissioned officers of a company, 
said vacancy shall always be filled by election : And 
provided, further, That in the case of troops which 
have been regularly enlisted into the service of any 
particular state prior to the formation of the Con- 
federacy, and which have by such state been turned 
over to the Confederate government, the officers shall 
not be elected, but appointed and promoted in the 
same manner and by the same authority as they have 
heretofore been appointed and promoted. 
Election of 
officers. 
Vacancies. 
State troops 
in C. S. ser- 
vice. 
124. That the provisions of the above-entitled act 
[120 et seq.~], so far as the same are applicable to re- 
enlistment of twelve months’ volunteers, be and the 
same are hereby extended to troops now in the ser- 
vice of any state for a term not less than three 
months, who may re-enlist in the service of the Con- 
federate States according to provisions of said act 
for a torm which, added to their present term of ser- 
vice, may amount to three years. 
Feb. 3,'♦862 
ch. 62. 
Provisions 
of Bounty 
act extend- 
ed. 
Feb. 16, 1862 
ck. 78. 
Date of rank 
of certain 
officers. 
125. That the rank of commissioned officers of regi- 
ments, battalions, squadrons, and companies who 
continue in service by re-election in regiments, bat- 
talions, squadrons, or companies organized of troops 
re-enlisting under the act providing for the granting 
of bounty and furloughs to privates and non-commis- 
sioned officers in the Provisional Army, approved 
December eleventh, eighteen hundred and sixty-one 
[123], and the act supplemental thereto, approved 
February third, eighteen hundred and sixty-two [124], 
or under the act to provide for the recruiting compa- MILITARY LAWS. 
53 
nies now in the service of the Confederate States for 
twelve months, approved January twenty-seventh, 
eighteen hundred and sixty-two [131 et seq.],. shall 
date from the time of their original election or ap- 
pointment : Provided, Such officers shall be re-elected 
or appointed to offices of the same grade in the same 
corps. 
126. That the bounty of fifty dollars, allowed by 
existing laws to soldiers enlisting for the war, or re- 
enlisting for two years, or recruited, shall be payable 
[127] as soon as the volunteer entitled thereto shall 
have been sworn into the Confederate service, and 
shall have been pronounced by any surgeon or assist- 
ant surgeon of the Confederate States, after inspec- 
tion, as being fit and able to do military service. 
Feb. 17,1862 
ch. 88. 
Bounty; 
when pay- 
able. 
127. That the above recited act [126] be so amended 
as to secure to all soldiers and non-commissioned offi- 
cers who shall have entered the armies of the Confed- 
erate States for three years or during the war the 
bounty of fifty dollars, as therein provided, although 
such soldier or non-commissioned officer may have 
been killed in battle, died, or been honorably dis- 
charged before the expiration of the first year’s ser- 
vice of his term, to be paid as other arrearages. 
Oct. 11, 1862 
ch. 44. 
Bounty due 
deceased and 
discharged 
soldiers. 
128. That, at the expiration of six months from the 
first day of April next, a bounty of one hundred dol- 
lars, in a six per cent, government bond, which the 
Secretary of the Treasury is hereby authorized to 
issue, shall be paid to every non-commissioned officer, 
musician, and private who shall then be in the service, 
or, in the event of his death previous to the period of 
such payment, then to the person or persons who 
would be entitled by law to receive the arrearages of 
his pay; but no one shall be entitled to the bounty 
herein provided who shall, at any time during the 
period of six months next after the said first day of 
April, be absent from his command without leave. 
Feb. 17, 1864 
33, cb. 
Bounty of 
one hundred 
dollars. 
VIII. Recruiting. 
129. That the Secretary of War be and he is hereby 
authorized to adopt measures for recruiting and en- 
Dec. 19,1861 
g 1, ch. 15. 
For three 54 
DIGEST OK 
years or the 
war. 
listing men for companies in service for the war, or 
three years, which, by the casualties of the service, 
have been reduced by death and discharges. 
Ibid, l 2. 
Detail of offi- 
cers. 
130. That the Secretary of War be and he is hereby 
authorized to detail the company commissioned offi- 
cers for the above duty in such numbers and at such 
times as in his opinion will best comport with the 
public service; the officers thus appointed to enlist 
and recruit for their respective companies. 
Jan. 27,1862 
§1, ch. 55. 
Companies 
in service for 
twelve 
months. 
131. That all companies of volunteers, now in the 
service of the Confederate States under enlistment for 
the term of twelve months, may be recruited by en- 
listing or receiving volunteers for three years or the 
war, to a number not to exceed one hundred and 
twenty-five, rank and file, and companies so recruited 
shall, at the expiration of the term of service of the 
original company, elect their commissioned officers; 
and vacancies thereafter occurring in the commissioned 
offices of such companies shall be filled by promotion 
of said commissioned officers, except that vacancies in 
the lowest grade of such officers shall be filled by elec- 
tion. 
Election of 
officers. 
Promotion. 
Ibid, g 2. 
Detaii of offi- 
cers. 
132. The colonel or commanding officer of the sev- 
eral regiments, battalions, and squadrons enlisted for 
twelve months as aforesaid, may detail one commis- 
sioned officer, and not exceeding two privates of each 
company, to recruit for their respective companies, 
and the officers and privates so detailed shall be en- 
titled to transportation while so engaged, and the 
recruits so enlisted shall be entitled to pay, transpor- 
tation, and subsistence from the time and place of 
enlistment, together with the sum of fifty dollars, as a 
bounty, upon joining their respective companies. 
Bounty, etc 
Ibid, § 3. 
133. The original volunteers in such companies, re- 
enlisting according to the terms of the act entitled 
“An act providing for the granting of bounty and 
furloughs to privates and non-commissioned officers in 
the Provisional Army ” [120 et seqJ], may re-enlist in 
and form part of the companies to be recruited as 
herein provided; and when all the companies com- 
posing the regiment, battalion, or squadron as afore- MILITARY LAWS. 
said shall, by recruiting as aforesaid, or by re-enlist- 
ment and recruiting as aforesaid, have attained, at 
the date of the expiration of the term of service of 
the original companies, the number required by law 
for a company, the number and designation of such 
regiment, battalion, or squadron may continue, or such 
of said companies as are complete at that date may 
reorganize into new regiments, battalions, or squad- 
rons, or attach themselves to other regiments, battal- 
ions, or squadrons; and in all such cases the field-offi- 
cers shall be elected, and vacancies thereafter occurring 
in such field-offices shall be filled by promotion, as di- 
rected by the act aforesaid. 1 
Regiments, 
etc., reor- 
ganized . 
134. Companies organized by re-enlisted twmlve 
months’ volunteers, under the act aforesaid, may be 
recruited to the number of one hundred and twenty- 
five, in the manner prescribed in the second section of 
this act. 
Ibid, § 4. 
Companies 
organized by 
re-enlisted 
twelve 
months’ vol- 
unteers. 
135. Where, at the date of the expiration of the 
term of service of the original company, the number 
of recruits and enlisted men may not amount to the 
minimum number required for a company, the re- 
cruited men may combine with recruits of other com- 
panies in like situation, so as to form complete com- 
panies; and in default of such combinations, the said 
recruits may be assigned or distributed to other com- 
panies from the state in which such recruits were 
enlisted. 
Ibid, § 5. 
When com- 
panies may 
be united. 
136. The Secretary of War shall make all needful 
rules to carry into effect the foregoing provisions. 
Ibid, I 6. 
Rules. 
137. That the President of the Confederate States 
be and he is hereby authorized to grant commissions 
to officers above the grade of captain to such persons 
as he may think fit to raise and command volunteer 
regiments and battalions for the service of the Con- 
federate States, said regiments and battalions to be 
composed of persons who are, or have been, residents 
of the States of Kentucky, Missouri, Maryland, or 
Delaware, and who have enlisted, or may enlist, under 
said officers; upon the condition, however, that such 
officers shall not hold rank or receive pay until such 
Aug. 8, 1861 
ch. 18. Offi- 
cers to raise 
volun- 
teers from 
Kentucky, 
Missouri, 
Maryland, or 
Delaware. DIGEST OF 
regiments or battalions have been raised and are mus- 
tered into service. 
Aug 30,1861 
|1. ch. 52. 
Recruiting 
stations for 
volunteers 
from Ken- 
tucky, Mis- 
souri, Mary- 
land, and 
Delaware. 
138. That the President be and he is hereby author- 
ized to establish recruiting stations within the Con- 
federate States for the reception of volunteers into 
the military service of the Confederate States from 
among persons who are, or have been, residents of the 
States of Kentucky, Missouri, Maryland, and Dela- 
ware. 
Ibid, l 2. 
Officers to 
raise and 
command 
companies of 
such volun- 
teers. 
139. That the President be authorized to grant com- 
missions as captains to such persons as he may think 
fit to raise and command companies to be composed 
of such volunteers; upon the condition, however, that 
such officers shall not hold rank or receive pay until 
such companies have been raised and are mustered 
into service. 
Ibid,$ 3. 
Organiza- 
tion of com- 
panies. 
140. Whenever such recruits shall amount to a suffi- 
cient number to be formed into companies, the Presi- 
dent may direct the same to be so organized, appoint- 
ing all commissioned officers of the several companies, 
in addition to the captains provided for in the preced- 
ing section; and such companies maybe organized into 
regiments in like manner, under, the direction of the 
President. 
Ibid, \ 4. 
Compensa- 
tion to 
recruits. 
141. Until such recruits shall amount to a sufficient 
number to be organized into companies, they shall 
receive no compensation except their clothing and 
rations 
Feb. 15,1862 
ch. 76. 
Maryland 
Line. 
142. That all native or adopted citizens of the State 
of Maryland who have heretofore volunteered, are 
now in, or may hereafter volunteer in the service of 
the Confederate States, may, at their option, be organ- 
ized and enrolled into companies, squadrons, battal- 
ions, and regiments, and with the first Maryland regi- 
ment, and several companies now in service, into one 
or more brigades, to be known as the Maryland Line; 
said organization to be in accordance with existing 
laws. MILITARY LAWS. 
143. In view of the exigencies of the country, and 
the absolute necessity of keeping in the service our 
gallant army, and of placing in the field a large addi- 
tional force to meet the advancing columns of the 
enemy now invading our soil: Therefore 
IX. Conscription. 
April 16, 
1862, i 1, 
ch. 31. 
Preamble. 
The Congress of the Confederate States of America do 
enact, That the President be and he is hereby author- 
ized to call out and place in the military service of 
the Confederate States, for three years, unless the war 
shall have been sooner ended, all white men who are 
residents of the Confederate States, between the ages 
of eighteen and thirty-five years, at the time the call 
or calls may be made, who are not legally exempted 
from militarj7 service. All of the persons aforesaid 
who are now in the armies of the Confederacy, and 
whose term of service will expire before the end of the 
war, shall be continued in the service for three years 
from the date of their original enlistment, unless the 
war shall have been sooner ended : Provided, however, 
That all such companies, squadrons, battalions, and 
regiments whose term of original enlistment was for 
twelve months, shall have the right, within forty days, 
on a day to be fixed by the commander of the brigade, 
to reorganize said companies, battalions, and regi- 
ments, by electing all their officers which they had a 
right heretofore to elect, who shall be commissioned 
by the President [159] : Provided, further, That fur- 
loughs not exceeding sixty days, with transportation 
home and back, shall be granted to all those retained 
in the service by the provisions of this act bejmnd the 
period of their original enlistment, and who have not 
heretofore received furloughs under the provisions of 
an act entitled “An act providing for the granting of 
bounty and furloughs to privates and non-commis- 
sioned officers in the Provisional Army,” approved 
eleventh December, eighteen hundred and sixty-one 
[121]—said furloughs to be granted at such times and 
in such numbers as the Secretary of War may deem 
most compatible with the public interest: And pro- 
vided, further, That in lieu of a furlough, the commuta- 
All white 
men be- 
tween eigh- 
teen and 
thirty-five 
years of age 
Continuance 
in service of 
those nowin 
the army. 
Reorganiza- 
tion of com- 
panies. etc. 
Furloughs. 
Commuta- 
tion. DIGKST OF 
tion value in money of the transportation herein above 
granted shall be paid to each private, musician, or 
non-commissioned officer who may elect to receive it, 
at such time as the furlough would otherwise be grant- 
ed : Provided, further, That all persons under the age 
of eighteen years or over the age of thirty-five years, 
who are now enrolled in the military service of the 
Confederate States in the regiments, squadrons, bat- 
talions, and companies hereafter to be reorganized, 
shall be required to remain in their respective com- 
panies, squadrons, battalions, and regiments for ninet}7- 
days, unless their places can be sooner supplied by 
other recruits not now in the service, who are between 
the ages of eighteen and thirty-five years; and all 
laws and parts of laws providing for the re-enlistment 
of volunteers and the organization thereof into com- 
panies, squadrons, battalions, or regiments, shall be 
and the same are hereby repealed. 
All under 
eighteen 
years and 
over thirty- 
five now 
enrolled. 
Sep. 27,1862 
ch. 15. All 
white men 
between 
thirty-five 
and forty- 
five years of 
age. 
144. That the President be and he is hereby author- 
ized to call out and place in the military service of the 
Confederate States for three years, unless the war 
should have been sooner ended, all white men who are 
residents of the Confederate States, between the ages 
of thirty-five and forty-five years, at the time the call 
or calls may be made, and who are not, at such time 
or times, legally exempted from military service, or 
such part thereof as, in his judgment, may be neces- 
sary to the public defence—such call or calls to be 
made under the provisions and according to the terms 
of the act to which this is an amendment [143] ; and 
such authority shall exist in the President during the 
present war as to all persons who now are or may 
hereafter become eighteen years of age, and when 
once enrolled, all persons between the ages of eighteen 
and forty-five shall serve their full time: Provided, 
That if the President, in calling out troops into the 
service of the Confederate States, shall first call for 
only a part of the persons between the ages hereinbe- 
fore stated, he shall call for those between the ages of 
thirty-five and any other age less than forty-five : Pro- 
vided, That nothing herein contained shall be under- 
Who to be 
first called 
out. MILITARY LAWS. 
59 
stood as repealing or modifying any part of the act to 
which this is amendatory, except as herein expressly 
stated : And provided, further, That those called out 
under this act, and the act to which this is an amend- 
ment, shall be first and immediately ordered to fill to 
their maximum number the companies, battalions, 
squadrons, and regiments from the respective states 
at the time the act to further provide for the public 
defence, approved sixteenth April, one thousand eight 
hundred and sixty-two, was passed, and the surplus, 
if any, shall be assigned to organizations formed from 
each state since the passage of that act, or placed in 
new organizations to be officered by the state having 
such residue, according to the laws thereof, or dis- 
posed of as now provided by law : Provided, That the 
President is authorized to suspend the execution of 
this act, or the act to which this is an amendment 
[143], in any locality where he may find it impracti- 
cable to execute the same, and that in such locality, 
and during said suspension, the President is authorized 
to receive troops into the Confederate service under 
any of the acts passed by the Confederate Congress 
prior to the passage of the act to provide further for 
the public defence, approved sixteenth April, one 
thousand eight hundred and sixty-two. 
Disposition 
of those 
called into 
service. 
Suspension 
of this act 
and that of 
April 16, 
1862, in cer- 
tain locali- 
ties. 
145. That all persons subject to enrolment for mili- 
tary service may be enrolled under instructions from 
the War department, and reported by the enrolling 
officer wherever found, whether within the state or 
county of their residence or not; and when so enroll- 
ed shall be subject to the provisions of law as fully as 
if enrolled within the county and state of which they 
may be residents: Provided, That this act shall not 
extend to any member of a military organization un- 
der any state law while he remains in actual service 
within the limits of his state: An & provided, further, 
That the President is authorized to suspend the exe- 
cution of this act as regards the residents of any 
locality where he may find it impracticable to execute 
the act entitled “ An act to further provide for the 
public defence,” approved April sixteenth, eighteen 
Oct. 8, 1862 
ch. 34. 
Enrolment 
of conscripts 
wherever 
found. 
State milita- 
ry organiza- 
tions. 
Suspension 
of this act 
in certain 
localities. 60 
DIGEST OK 
hundred and sixty-two [143], and the act to amend 
the last mentioned act, approved September twenty- 
seventh, eighteen hundred and sixty-two [144]. 
April 16. 
1862, §2. 
ch. 31. 
Companies, 
etc., in proc- 
ess of or- 
ganization. 
146. That such companies, squadrons, battalions, or 
regiments organized, or in process of organization, by 
authority from the Secretary of War, as may be, with- 
in thirty days from the passage of this act, so far com- 
pleted as to have the whole number of men requisite 
for organization actually enrolled, not embracing in 
said organizations any persons now in service, shall be 
mustered into the service of the Confederate States as 
part of the land forces of the same, to be received in 
that arm of the service in which they are authorized 
to organize, and shall elect their company, battalion, 
and regimental officers. 
Ibid. ? 3. 
Officers to 
make enrol- 
ment. 
147. That for the enrolment of all persons compre- 
hended within the provisions of this act, who are not 
already in service in the armies of the Confederate 
States, it shall be lawful for the President, with the 
consent of the governors of the respective states, to 
employ state officers, and on failure to obtain such 
consent, he shall employ Confederate officers, charged 
with the duty of making such enrolment in accord- 
ance with rules and regulations to be prescribed by 
him. 
Ibid, $ 4. 
Assignment 
of persons 
enrolled. 
148. That persons enrolled under the provisions of 
the preceding section shall be assigned by the Secre- 
tary of War to the different companies now in the 
service, until each company is filled to its maximum 
number, and the persons so enrolled shall be assigned 
to companies from the states from which they, respec- 
tively come. 
Ibid, 'i 5. 
Seamen; 
transfer of. 
149. That all seamen and ordinary seamen in the 
land forces of the Confederate States, enrolled under 
the provisions of this act, may, on application of the 
Secretary of the Navy, be transferred from the land 
forces to the naval service. 
May 1, 1863 
ch. 68. 
Idem. 
150. That all persons serving in tho land forces of 
the Confederate States who shall desire to be trans- 
ferred to the naval service, and whose transfer as sea- 
men or ordinary seamen shall be applied for by the MILITARY LAWS. 
61 
Secretary of the Navy, shall 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 nowin force limiting the number of seamen [578]. 
151. That in all cases where a state may not have > 
in the army a number of regiments, battalions, squad- < 
rons, or companies sufficient to absorb tbe number of 
persons subject to military service under this act, be- 
longing to such state, then the residue or excess there- 
of shall be kept as a reserve, under such regulations 
as may be established by the Secretary of War, and 
that at stated periods of no greater than three months, 
details, determined by lot, shall be made from said re- 
serve, so that each company shall, as nearly as practi- 
cable, be kept full: Provided, That the persons held in 
reserve may remain at home until called into service 
by the President: Provided, also, That during their 
stay at home they shall not receive pay: Provided, fur- 
ther, That the persons comprehended in this act shall 
not be subject to the Eules and Articles of War until , 
mustered into the actual service of the Confederate -j 
States; except that said persons, when enrolled and ; 
liable to duty, if they shall wilfully refuse to obey said 
call, each of them shall be held to be a deserter and 
punished as such, under said Articles: Provided,fur- 
ther, That whenever, in the opinion of the President, 
the exigencies of the public service may require it, he 
shall be authorized to call into actual service the en- i 
A 
tire reserve, or so much as may bo necessary, not pro- t 
viously assigned to different companies in service un- 
der provision of section four [148] of this act; said 
reserve shall be organized under such rules as the Sec- < 
° t 
retary of War may adopt: Provided, The company, 
battalion, and regimental officers shall be elected by i 
the troops composing the same : Provided, The troops 
raised in any one state shall not be combined in regi- 
mental, battalion, squadron, or company organization 
with troops raised in any other states. 
April 16, 
1862.1 6, 
ch. 31. 
Reserves. 
When sub- 
ject to the 
Rules and 
Articles of 
War. 
Reserves: 
when to be 
called into 
service. 
Organiza- 
tion. 
« 
Election of 
officers. 
152. That all soldiers now serving in the army, or 
mustered in the military service of the Confederate 
States, or enrolled in said service under the authoriza- 
Ibid, \ 7. 
Bounty. 62 
DIGEST OF 
tions heretofore issued by the Secretary of War, and 
who are continued in the service by virtue of this act, 
who have not received the bounty of fifty dollars 
allowed by existing laws [120], shall be entitled to re- 
ceive said bounty. 
Ibid, §8. 
Private arms 
to be paid 
for. 
153. That each man who may hereafter be mustered 
into service, and who shall arm himself with a musket, 
shot-gun, rifle, or carbine, accepted as an efficient weap- 
on, shall be paid the value thereof, to be ascertained 
by the mustering officer, under such regulations as 
may be prescribed by the Secretary of War, if he is 
willing to sell the same, and if he is not, then he shall 
be entitled to receive one dollar a month for the use of 
said received and approved musket, rifle, shot-gun, or 
carbine. 
Ibid, f 9. 
Substitutes. 
154. That persons not liable for duty may be re- 
ceived as substitutes for those who are, under such 
regulations as may be prescribed by the Secretary of 
War. 
Dec. 28,1863 
ch. 3. 
Substitute 
system abol- 
ished. 
155. That no person liable to military service shall 
hereafter be permitted or allowed to furnish a substi- 
tute for such service, nor shall any substitute be re- 
ceived, enlisted, or enrolled in the military service of 
the Confederate States. 
Jan. 5,1864 
ch. 4. 
156. Whereas, in the present circumstances of the 
country, it requires the aid of all who are able lo boar 
arms : 
Principals 
liable to ser- 
vice. 
The Congress of the Confederate States of America do 
enact, That no person shall be exempted from military 
service by reason of his having furnished a substitute ; 
but this act shall not be so construed as to affect per- 
sons who, though not liable to render military service, 
have, nevertheless, furnished substitutes. 
April 16, 
1862, l 10, 
ch. 31. 
Vacancies; 
how filled. 
157. That all vacancies shall be filled by the Presi- 
dent from the company, battalion, squadron, or regi- 
ment in which such vacancies shall occur, by promo- 
tion according to seniority, except in case of disability 
or other incompetency : Provided, however, That the 
President may, when in his opinion it may be proper, 
till such vacancy or vacancies by the promotion of 
any officer or officers, or private or privates from such MILITARY LAWS. 
63 
company, battalion, squadron, or regiment who shall 
have been distinguished in the service by exhibi- 
tion of valor and skill [105, 382, 310] ; and that when- 
ever a vacancy shall occur in the lowest grade of the 
commissioned officers of a company, said vacancy shall 
be filled by election : Provided, That all appointments 
made by the President shall be by and with the advice 
and consent of the Senate. 
158. That all vacancies shall he filled by the Presi- 
dent from the company, battalion, squadron, or regi- 
ment in which such vacancies shall occur, by promo- 
tion, according to seniority, except in case of disability 
or other incompetency; and that whenever a vacancy 
shall occur in the lowest grade of commissioned offi- 
cers of a company, such vacancies shall be filled by 
election : Provided, however, That the President may, 
when in his opinion it is proper, fill any vacancy by 
the promotion of any officer from any company, bat- 
talion, squadron, or regiment in which the same may 
occur, who shall have been distinguished in service by 
the exhibition of extraordinary valor and skill [105, 
382, 310] ; and that when any vacancy shall occur in 
the lowest grade of commissioned officers of any com- 
pany, the same may be filled by selection by the Presi- 
dent of any non-commissioned officer or private from 
the company in which said vacancy may occur, who 
shall have been distinguished in the service by the ex- 
hibition of extraordinary valor and skill; and that 
appointments made by the President shall be by and 
with the advice and consent of the Senate. 
April 21, 
Mom. 
159. That the provisions of the first section [143] of 
this act, relating to the election of officers, shall apply 
to those regiments, battalions, and squadrons which 
are composed of twelve months’ and war companies 
combined in the same organization, without regard to 
the manner in which the officers thereof were origi- 
nally appointed. 
April 16, 
1862, g 11, 
ch. 31. 
Election of 
officers of 
regiments 
composed of 
twelve 
months’ 
and war 
companies 
combined. 
160. That each company of infantry shall consist of 
one hundred and twenty-five, rank and file; each com- 
pany of field artillery of one hundred and fifty, rank 
and file; each of cavalry, of eighty, rank and file. 
Ibid, g 12. 
Rank and 
file to each 
company. 64 
DIGEST OF 
Ibid, £ 13. 
Privilege of 
volunteer- 
ing- 
161. That all persons subject to enrolment, who are 
not now in the service under the provisions of this act, 
shall bo permitted, previous to such enrolment, to vol- 
unteer in companies now in the service. 
162. That the President be and he is hereby author- 
ized and empowered, whenever in his opinion the pub- 
lic good would be promoted thereb}T, to receive into 
the service regiments or battalions which have been 
organized in good faith prior to the first day of Octo- 
ber, eighteen hundred and sixty-two, under authority 
or by direction of the Secretary of War, or any gen- 
eral officer of the government, although said regiments 
or battalions may be composed in part of persons be- 
tween the ages of eighteen and thirty-five years : Pro- 
vided, That this authority shall not extend to regi- 
ments or battalions organized after the said first day 
of October, eighteen hundred and sixty-two, except in 
those states and locations where the conscript law may 
be suspended. 
Oct. 11, 1862 
2 1, ch. 39. 
Regiments 
or battalions 
organized 
prior to Oc- 
tober, 1862. 
Ibid, £ 2. 
Regiments 
or battalions 
organized of 
conscripts in 
states west 
of Mississip- 
pi river. 
163. That the President be and he is hereby author- 
ized and empowered, whenever in his opinion it would 
promote the public good, to receive into service regi- 
ments or battalions which have been heretofore organ- 
ized of conscripts by a general officer in any of the 
states lying west of the Mississippi river .[164]. 
April 16, 
1863. \1, 
ch. 30. 
To elect 
their officers 
164. That the second section [163] of the act entitled 
“ An act to authorize the President to accept and place 
in the service certain regiments and battalions hereto- 
fore 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 
shall have the right, within ninety days, on a day to 
be fixed by the commander of the brigade for that pur- 
pose, to elect such officers as volunteers have hereto- 
fore been authorized to elect: Provided, That this act 
shall not apply to any case where such office has here- 
tofore been filled by election. 
Oct. 11, 1862 
J 3, ch. 89. 
Infantry 
165. That all companies, battalions, and regiments 
of infantry raised or organized before the first day of MILITARY LAWS. 
65 
December next within the limits of Middle and West 
Tennessee, to be composed of residents of said dis- 
tricts, may be accepted by the President when, in his 
opinion, the public interest will be promoted thereby, 
and said troops shall be allowed to elect their own offi- 
cers for the first election, after which all vacancies 
shall be filled by the President under the act, and the 
acts amendatory of the same, providing for the public 
defence, passed sixteenth of April, eighteen hundred 
and sixty-two, and also such counties in North Caro- 
lina lying east of the line of the Wilmington and Wel- 
don railroad as are beyond the lines of the army and 
exposed to the incursions of the enemy. 
166. That from and after the passage of this act all 
white men, residents of the Confederate States, be- 
tween the ages of seventeen* and fifty, shall be in the 
military service of the Confederate States for the war. 
167. That all the persons aforesaid, between the 
ages of eighteen and forty-five, now in service, shall 
be retained, during the present war with the United 
States, in the same regiments, battalions, and compa- 
nies to which they belong at the passage of this act, 
with the same organization and officers, unless regu- 
larly transferred or discharged, in accordance with the 
laws and regulations for the government of the army : 
Provided, That companies from one state, organized 
against their consent, expressed at the time, with regi- 
ments or battalions from another state, shall have the 
privilege of being transferred to organizations of troops 
in the same arm of the service from the state in which 
said companies were raised ; and the soldiers from one 
state in companies from another state shall be allowed, 
if they desire it, a transfer to organizations from their 
own state in the same arm of the service. 
168. That no person shall be relieved from the opera- 
tion of this act by reason of having been heretofore 
discharged from the army, where no disability now 
exists, nor shall those who have furnished substitutes 
be any longer exempted by reason thereof: Provided,, 
That no person heretofore exempted on account of re- 
ligious opinions, and who has paid the tax levied to 
raised prior 
to Dec. 1, 
1862, in Mid- 
dle and West 
Tennessee. 
Feb. 17,1864 
11, ch. 65. 
Of all white 
men be- 
tween seven- 
teen and 
fifty. 
Ibid, i 2. 
Present or- 
ganizations 
to be pre- 
served. 
Proviso. 
Ibid,\ 4. 
Persons 
heretofore 
discharged. 
Persons who 
have fur- 
nished sub- 
stitutes. 66 
DIGEST OF 
relieve him from service, shall be required to render 
military service under this act [181]. 
Tbid, j! 5. 
Time and 
place of en- 
rolment. 
169. That all white.male residents of the Confeder- 
ate States, between the ages of seventeen and eighteen 
and forty-five and fifty years, shall enroll themselves, 
at such times and places, and under such regulations 
as the President may prescribe, the time allowed not 
being less than thirty days for those east, and sixty 
days for those west of the Mississippi river; and any 
person who shall fail so to enroll himself, without a rea- 
sonable excuse therefor, to be judged of by the Presi- 
dent, shall be placed in service in the field for the war 
in the same manner as though he were between the ages 
of eighteen and forty-five: Provided, That the persons 
mentioned in this section shall constitute a reserve for 
state defence and detail duty, and shall not be required 
to perform service out of the state in which they reside. 
Ibid, § 6. 
Voluntary 
organ izar 
tions. 
170. That all persons required by the fifth section 
of this act to enroll themselves may, within thirty 
days after the passage hereof, east of the Mississippi 
river, and within sixty days if west of said river, form 
themselves into voluntary organizations of companies, 
battalions, or regiments, and elect their own officers— 
said organizations to conform to the existing law; and 
having so organized, to tender their services as volun- 
teers during the war to the President; and if such or- 
ganization shall furnish proper muster-rolls, as now 
required, and deposit a copy thereof with the enrolling 
officer of their district (which shall be equivalent to 
enrolment), they may be accepted as minute-men for 
service in such state, but in no event to be taken out 
of it. Those who do not so volunteer and organize, 
shall enroll themselves as before provided, and may, 
by the President, be required to assemble at places of 
rendezvous, and be formed into companies, battalions, 
and regiments under regulations to be prescribed by 
him, and shall have the right to elect their company 
and regimental officers; and all troops organized un- 
der this act for state defence shall be entitled, while 
in actual service, to the same pay and allowances as 
troops now in the field. 
Rendezvous. MILITARY LAWS. 
67 
171. That any person who shall fail to attend at the 
place of rendezvous, as required by the authority of 
the President, without a sufficient excuse, to be judged 
of by him, shall be liable to be placed in service in the 
field for the war as if he were between the ages of 
eighteen and forty-five years. 
172. That hereafter the duties of provost and hos- 
pital guards and clerks, of clerks, guards, agents, em- 
ployees or laborers in the Commissary’s and Quarter- 
master’s departments, in the Ordnance department, 
and clerks and employees of Navy Agents, as also in 
the execution of the Enrolment acts, and all similar 
duties, shall be performed by persons who are within 
the ages of eighteen and forty-five years, and who, by 
the report of a board of army surgeons, shall be re- 
ported as unable to perform active service in the field, 
but capable of performing some of the above-named 
duties, specifying which; and when those persons 
shall have been assigned to those duties as far as prac- 
ticable, the President shall detail or assign to their 
performance such bodies of troops or individuals, re- 
quired to be enrolled under the fifth section of this act, 
as may be needed for the discharge of such duties: 
Provided, That persons between the ages of seventeen 
and eighteen shall not be assigned to these duties : 
Provided, further, That nothing contained in this act 
shall be so construed as to prevent the President from 
detailing artisans, mechanics, or persons of scientific 
skill to perform indispensable duties in the depart- 
ments or bureaus herein mentioned. 
173. That any quartermaster or assistant quarter- 
master, commissary or assistant commissary (other 
than those serving with regiments and brigades in 
the field), or officer in the ordnance bureau, or navy 
agent, or provost marshal, or officer in the conscript 
service, who shall hereafter employ or retain in his 
employment any person in any of their said depart- 
ments or bureaus, or in any of the duties mentioned 
in the eighth section of this act, in violation of the 
provisions hereof, shall, on conviction thereof by a 
court-martial or military court, be cashiered; and it 
Ibid, 2 7. 
Failure to 
attend at 
rendezvous. 
Ibid, g 8. 
Employees 
of Quarter- 
master’s and 
Commis- 
sary’s de- 
partments, 
etc. 
Ibid, ? 9. 
Penalty for 
violating 
provisions of 
foregoing 
section. 68 
DIGEST OF 
shall be the duty of any department or district com- 
mander, upon proof by the oath of any credible per- 
son, that any such officer has violated this provision, 
immediately to relieve such officer from duty; and 
said commander shall take prompt measures to have 
him tried for such offence; and any commander as 
aforesaid failing to perform the duties enjoined by this 
section, shall, upon being duly convicted thereof, be dis- 
missed from the service. 
Ibid, a 11. 
Details. 
174. That the President be and he is hereby author- 
ized to grant details, under general rules and regula- 
tions to be issued by the War department, either from 
persons between forty-five and fifty years of age, or 
from the army in the field, in all cases 'when, in his 
judgment, justice, equity, and necessity require such 
details, and he may revoke such orders of details when- 
ever he thinks proper : Provided, That the power here- 
in granted to the President to make details and ex- 
emptions shall not be construed to authorize the 
exemption or detail of any contractor for furnishing 
supplies of any kind to the government, by reason of 
said contract, unless the head or secretary of the de- 
partment making such contract shall certify that the 
personal services of said contractor are indispensable 
to the execution of the contract: Provided, further, 
That when any such contractor shall fail diligently 
and faithfully to proceed with the execution of such 
contract, his exemption or detail shall cease. 
Ibid, g 12. 
Local boards 
of surgeons. 
175. That in appointing local boards of surgeons for 
the examination of persons liable to military service, 
no member composing the same shall be appointed 
from the county or enrolling district in which they 
are required to make such examination. 
X. Camps of Instruction. 
Oct. 8, 1862 
ch. 29. 
Established. 
176. That the President be and he is hereby author- 
ized to establish camps of instruction for persons 
enrolled for military service, at such places and in 
such numbers in the several states as he may deem 
necessary, and to appoint, by and with the advice and 
consent of the Senate, officers in the Provisional MILITARY LAWS. 
69 
Army, with the rank and pay of major, to superin- 
tend and command the same* 
XL Employment of Negroes. 
177. Whereas the efficiency of the army is greatly 
diminished by the withdrawal from the ranks of able- 
bodied soldiers to act as teamsters, and in various 
other capacities in which free negroes and slaves 
might be advantageously emplo}Ted : Therefore, 
The Congress of the Confederate States of America do 
enact, That all male free negroes and other free per- 
sons of color, not including those who are free under 
the Treaty of Paris of 1803, or under the Treaty of 
Spain of 1819, resident in the Confederate States, 
between the ages of eighteen and fifty years, shall be 
held liable to perform such duties with the army, or 
in connection with the military defences of the coun- 
try, in the way of work upon fortifications or in gov- 
ernment works for the production or preparation of 
materials of war, or in military hospitals, as the 
Secretary of War or the commanding, general of the 
trans-Mississippi department may from time to time 
prescribe; and while engaged in the performance of 
such duties shall receive rations and clothing, and 
compensation at the rate of eleven dollars a month, 
under such rules and regulations as the said Secretary 
may establish : Provided, That the Secretary of War 
or the commanding general of the trans-Mississippi 
department, with the approval of the President, may 
exempt from the operations of this act such free 
negroes as the interests of the country may require 
should be exempted, or such as he may think proper 
to exempt on grounds of justice, equity, or necessity. 
Feb. 17, 1864 
?1, ch.79. 
Male free 
negroes. 
Rations, 
clothing, and 
compensa- 
tion. 
Exemptions 
178. That the Secretary of War is hereby author- 
ized to employ, for duties similar to those indicated 
in the preceding section of this act, as many male 
negro slaves, not to exceed twenty thousand, as in his 
judgment the wants of the service may require, fur- 
nishing them, while so employed, with proper rations 
Ibid, ? 2. 
Male negro 
slaves. 
* For drill-masters for camps of instruction, see 303. 70 
DIGEST OF 
nations, 
clothing, 
and wages. 
and clothing, under rules and regulations to be estab- 
lished by him, and paying to the owners of said 
slaves such wages as may be agreed upon with said 
owners for their use and service ; and in the event of 
the loss of any slaves while so employed, by the act 
of the enemy, or by escape to the enemy, or by death 
inflicted by the or by disease contracted while 
in any service required of said slaves, then the own- 
ers of the same shall be entitled to receive the full 
value of such slaves, to be ascertained by agreement 
or by appraisement, under the law regulating impress- 
ments, to be paid under such rules and regulations as 
the Secretary of War may establish. 
In case of 
loss of slave. 
Ibid, \ 3. 
When male 
slaves may 
be impress- 
ed. 
179. That when the Secretary of War shall be 
unable to procure the services of slaves in any mili- 
tary department in sufficient numbers for the necessi- 
ties of the department, upon the terms and conditions 
set forth in the preceding section, then he is hereby 
authorized to impress [436] the services of as many 
male slaves, not to exceed twenty thousand, as may 
be required, from time to time, to discharge the. duties 
indicated in the first section of this act, according to 
the laws regulating the impressment of slaves in other 
cases: Provided, That slaves so impressed shall, while 
employed, receive the same rations and clothing, in 
kind and quantity, as slaves regularly hired from 
their owners, and in the event of their loss, shall be 
paid for in the same manner, and under the same 
rules established by the said impressment laws : Pro- 
vided, That if the owner have but one male slave 
between the ages of eighteen and fifty, he shall not 
be impressed against the will of said owner : Provided, 
further, that free negroes shall be first impressed, and 
if there should be a deficiency, it shall be supplied by 
the impressment of slaves according to the foregoing 
provisions: Provided,further, That in making the im- 
pressment not more than one of every five male 
slaves between the ages of eighteen and forty-five 
shall be taken from any owner, care being taken to 
allow in each case a credit for all slaves who may 
have been already impressed under this act, and who MILITARY LAWS. 
71 
are still in service, or have died, or been lost while in 
service. And all impressments under this act shall 
be taken in equal ratio from all owners in the same 
locality, city, county, or district. 
XII. Exemption. 
180. [That all persons who shall be held to be unfit 
for military service under rules to be prescribed by 
the Secretary of War; all in the service or employ of 
the Confederate States; all judicial and executive 
officers of the Confederate or State governments; the 
members of both Houses of the Congress and of the 
Legislatures of the several states and their respective 
officers; all clerks of the officers of the State and 
Confederate governments allowed by law; all engaged 
in carrying the mails; all ferrymen on post-routea; 
all pilots and persons engaged in the marine service 
and in actual service on river and railroad routes of 
transportation; telegraphic operators, and ministers 
of religion in the regular discharge of ministerial 
duties; all engaged in working iron mines, furnaces, 
and foundries; all journeymen printers actually em- 
ployed in printing newspapers; all presidents and 
professors of colleges and academies, and all teachers 
having as many as twenty scholars; superintendents 
of the public hospitals, lunatic asylums, and the regu- 
lar nurses and attendants therein, and the teachers 
employed in the institution for the deaf, and dumb, 
and blind; in each apothecary-store now established 
and doing business, one apothecary in good standing, 
who is a practical druggist; superintendents and oper- 
atives in wool and cotton factories, who may be ex- 
empted by the Secretary of War—shall be and are 
hereby exempted from military service in the armies 
of the Confederate States.] 
April 21, 
1862, ch. 74. 
[Repealed; 
see 182.] 
What per- 
sons are 
exempted. 
181. [That all persons who shall be held unfit for 
military service in the field, by reason of bodily or 
mental incapacity or imbecility, under rules to be 
prescribed by the Secretary of War; the Vice-Presi- 
dent of the Confederate States; the officers, judicial 
and executive, of the Confederate and State govern- 
Oct. 11, 1862 
i 1, ch. 45. 
[Repealed; 
see 189.] 
Officers of 
the Confed- 
erate and 
State gov- 
ernments. DIGKST OF 
ments, including postmasters appointed by the Presi- 
dent and confirmed by the Senate, and such clerks in 
their offices as are allowed by the Postmaster-General, 
and now employed, and excluding all other postmas- 
ters, their assistants, and clerks; and except such state 
officers as the several states may have declared, or 
may hereafter declare by law to be liable to militia 
duty; the members of both houses of the Congress of 
the Confederate States and of the Legislatures of the 
several states, and their respective officers; all clerks 
now in the offices of the Confederate and State gov- 
ernments authorized by law, receiving salaries or fees; 
all volunteer troops, heretofore raised by any state 
since the passage of the act entitled “ An act further 
to provide for the public defence/’ approved April 
the sixteenth, eighteen hundred and sixty-two [143], 
while such troops shall be in active service under 
state authority: Provided, That this exemption shall 
not apply to any person who was liable to be called into 
service by virtue of said act of April the sixteenth, 
eighteen hundred and sixty-two; all pilots and persons 
engaged in the merchant marine service; the president, 
superintendents, conductors, treasurer, chief clerk, 
engineers, managers, station-agents, section-masters, 
two expert track-hands to each section of eight miles, 
and mechanics in the active service and employment 
of railroad companies, not to embrace laborers, por- 
ters, and messengers; the president, general superin- 
tendent, and operators of telegraph companies, the 
local superintendent and operators of said companies, 
not to exceed four in number at any locality, but that 
of the seat of government of the Confederate States; 
the president, superintendents, captains, engineers’ 
chief clerk, and mechanics in the active service and 
employment of all companies engaged in river and 
canal navigation, and all captains of boats and engi- 
neers therein employed; one editor of each newspaper 
now being published, and such employees as the edi- 
tor or proprietor may certify, upon oath, to be indis- 
pensable for conducting the publication; the public 
printer, and those employed to perform the public 
State troops. 
Railroad, 
telegraph, 
and boat 
employees. 
Printers and 
publishers of 
newspapers. MILITARY LAWS. 
printing for the Confederate and State governments; 
every minister of religion authorized to preach accord- 
ing to the rules of his sect and in the regular discharge 
of ministerial duties, and all persons who have been 
and now are members of the society of Friends and 
the association of Dunkards, Nazarenes, and Men- 
nonists, in regular membership in their respective 
denominations: Provided, Members of the society of 
Friends, Nazarenes, Mennonists, and Dunkards shall 
furnish substitutes-or pay a tax of five hundred dol- 
lars each into the public treasury [168]; all physicians 
who now are, and for the last five years have been, in 
the actual practice of their profession; all shoemakers, 
tanners, blacksmiths, wagon-makers, millers and their 
engineers, millwrights, skilled and actually employed 
as their regular vocation in the said trades, habitually 
engaged in working for the public, and while so 
actually employed : Provided, Said persons shall make 
oath in writing that they are so skilled and actually 
employed at the time as their regular vocation in one 
of the above trades, which affidavit shall only be prima 
facie evidence of the facts therein stated: Provided, 
further, That the exemptions herein granted to persons 
by reason of their peculiar mechanical or other occu- 
pation or employment, not connected with the public 
service, shall be subject to the condition that the pro- 
ducts of the labor of such exempts, or of the compa- 
nies and establishments with which they are connect- 
ed, shall be sold and disposed of by the proprietors at 
prices not exceeding seventy-five per centum upon the 
cost of production, or within a maximum to be fixed 
by the Secretary of War, under such regulations as 
he may prescribe: And it is further provided, That if 
the proprietors of any such manufacturing establish- 
ments shall be shown, upon evidence to be submitted 
to and judged of by the Secretary of War, to have 
violated or in any manner evaded the true intent and 
spirit of the foregoing proviso, the exemptions there- 
in granted shall no longer be extended to them, their 
superintendents, or operatives in said establishments, 
but they, and each and every of them, shall be forth- 
Ministers of 
religion, and 
others. 
Physicians. 
Mechanics. 
Proviso. 74 
DIGEST OF 
with enrolled under the provisions of this act, and 
ordered into the Confederate army, and shall, in no 
event, be again exempted therefrom by reason of said 
manufacturing establishments or employment there- 
in; all superintendents of public hospitals, lunatic 
asylums, and the regular physicians, nurses, and at- 
tendants therein, and the teachers employed in the 
institutions for the deaf, dumb, and blind; in each 
apothecary-store, now established and doing business, 
one apothecary in good standing, who is a practical 
apothecary; superintendents and operators in wool 
and cotton factories, paper-mills, and superintendents 
and managers of wool-carding machines, who may be 
exempted by the Secretary of War: Provided, The 
profits of such establishments shall not exceed seven- 
ty-five per centum upon the cost of production, to be 
determined upon oath of the parties, subject to the 
same penalties for violation of the provisions herein 
contained as are hereinbefore provided in case of 
other manufactories and mechanical employments; 
all presidents and teachers of colleges, academies, 
schools, and theological seminaries, who have been 
regularly engaged as such for two years previous to 
the passage of this act; all artisans, mechanics, and 
employees in the establishments of the government 
for the manufacture of arms, ordnance, ordnance 
stores, and other munitions of war, saddles, harness, 
and army supplies, who may be certified by the offi- 
cer in charge thereof as necessary for such estab 
lishments; also, all artizans, mechanics, and employ 
ees in the establishments of such persons as are or 
may be engaged under contracts with the government 
in furnishing arms, ordnance, ordnance stores, and 
other munitions of war: Provided, That the Chief of 
the Ordnance bureau, or some ordnance officer author- 
ized by him for the purpose, shall approve of the 
number of the operatives required in such establish- 
ments; all persons employed in the manufacture of 
arms or ordnance of any kind by the several states, 
or b}r contractox’S to furnish the same to the several 
state governments, whom the governor or secretary 
Superin- 
tendents of 
hospitals, 
others. 
Apotheca- 
ries. 
Teachers. 
Employees 
for the man- 
ufacture of 
arms, etc. 
Proviso. MILITARY LAWS. 
of state thereof may certify to be necessary to the 
same; all persons engaged in the construction of ships, 
gunboats, engines, sails, or other articles necessary to 
the public defence, under the direction of the Secreta- 
ry of the ISTavy; all superintendents, managers, me- 
chanics, and miners employed in the production and 
manufacture of salt to the extent of twenty bushels 
per day, and of lead and iron, and all persons engaged 
in burning coke for smelting and manufacture of iron, 
regular miners in coal-mines, and all colliers engaged 
in making charcoal for making pig and bar iron, not 
to embrace laborers, messengers, wagoners, and ser- 
vants, unless employed at works conducted under the 
authority and by the officers or agents of a state, or 
in works employed in the production of iron for the 
Confederate States; one male citizen for every five 
hundred head of cattle, for every two hundred and 
fifty head of horses or mules, and one shepherd for 
every five hundred head of sheep, of such persons as 
are engaged exclusively in raising stock : Provided, 
There is no white male adult not liable to do military 
duty engaged with such person in raising said stock; 
to secure the proper police of the country [one person, 
either as agent, owner, or overseer on each plantation 
on which one white person is required to be kept by 
the laws or ordinances of any state, and on which 
there is no white male adult not liable to do military 
service, and in states having no such law, one person 
as agent, owner, or overseer on each plantation of 
twenty negroes, and on which there is no white male 
adult not liable to military service : And, furthermore, 
For additional police for every twenty negroes on two 
or more plantations, 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 mili- 
tary duty, one person, being the oldest of the owners 
or overseers on such plantations*]; and such other 
persons as the President shall be satisfied, on account 
of justice, equity, or necessity, ought to be exempted, 
Ship-build- 
ers. 
Miners of 
salt, iron, 
and lead 
Stoek-rais- 
ers. 
Owners or 
overseers on 
plantations 
of twenty 
negroes. 
* Repealed, see 183. 76 
DIGEST OF 
are hereby exempted from military service in the 
armies of the Confederate States; and also a regiment 
raised under and by authority of the State of Texas, 
for frontier defence, now in the service of said state, 
while in such service : Provided, further, That the ex- 
emptions herein above enumerated and granted here- 
by, shall only continue while the persons exempted 
are actually engaged in their respective pursuits or 
occupations. 
Duration of 
exemptions. 
Ibid, g 2 
Repeal of 
Exemption 
act of April 
21, 1862. 
182. That the act entitled “An act to exempt cer- 
tain persons from enrolment for service in the armies 
of the Confederate States ” [180], approved the twen- 
ty-first of April, eighteen hundred and sixty-two, is 
hereby repealed. 
May 1, 1863 
31, ch. 80. 
[Repealed; 
see 189.] 
Repeal of so 
much of the 
act of Oct. 
11, 1862, as 
relates to the 
exemption 
of persons 
on planta- 
tions. 
183. [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 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 plantation 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 addi- 
tional police for every twenty negroes on two or 
more plantations, within five miles of each other, and 
each having less thau 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. 
Ibid. J 2. 
For the 
police and 
manage- 
ment of 
slaves. 
184. For the police and management of slaves, there 
shall be exempted one person on each farm or planta- 
tion, 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 employed and acting as 
an overseer previous to the sixteenth of April, one MILITARY LAWS. 
77 
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 citizens, and shali be filed with the enroll- 
ing 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 division from any other 
farm or plantation since the eleventh dajT of October, 
one thousand eight hundred and sixty-two : Provided, 
further, That for every person exempted as aforesaid, 
and during the period of such exemption, there shall 
be paid annually into the public treasury, by the own- 
ers of such slaves, the sum of five hundred dollars. 
185. 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 provisions 
necessary for the support of the population remaining 
at home, and also on account of justice, equity, and 
necessity. 
Ibid, § 3. 
For the pro- 
duction of 
grain or pro- 
visions. 
186. In addition to the state officers exempted by 
the act of October eleventh, one thousand eight hun- 
dred and sixty-two [181], there shall also be exempted 
all state officers whom the governor of any state may 
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 legislature shall, by law, exempt them frt>ax 
military duty in the Provisional Army of th«> Confed- 
erate States.] 
Ibid, \ 4. 
State officers 
exempted by 
the govern- 
or. 
187. That the contractors for carrying the mails of 
the Confederate States shall be exempt from the per- 
formance of military duty in the armies of the Con- 
federate States from and after the passage of this act, 
April 14, 
1863, § 1, 
ch. 20. Mail 
contractors. 78 
DIGEST OF 
during the time they are such contractors: Provided, 
That no more than one contractor shall be exempt on 
any one route, and that no more than one member of 
any firm of contractors shall be exempt, and no con- 
tractor on any route of less than ten miles in length, 
and on which the mail is carried on horse, shall be 
exempt under this act; and if one or more members 
of any such firm be exempt, from age or other cause, 
from the performance of military duty, the other 
member or members of such firm shall not be exempt 
by this act on account of being mail contractors: 
And provided, further, That no person to whom a con- 
tract for carrying the mails may be transferred, with 
the consent of the Postoffice department, after the 
passage of this act, shall be exempt from military ser- 
vice on that account. 
Ibid, l 2. 
Driver’s of 
mail-coaches 
etc. 
188. That the drivers of post-coaches and hacks for 
carrying the mails, on all routes where the weight of 
the mails requires that they should be carried in 
coaches or hacks, shall be exempt from military ser- 
vice in the armies of the Confederate States, from and 
after the passage of this act, so long as they continue 
to be employed as such drivers: Provided, The con- 
tractor by whom any such driver is employed shall 
take and subscribe an oath, to be furnished to the en- 
rolling officer, that the weight of the mails on his 
route requires the use of coaches or hacks for their 
conveyance, and that he has not a greater number of 
drivers employed in his service than are indispensable 
to enable him to fulfil his contract for carrying the 
mails, and that he will not, while a contractor, employ 
a greater number of drivers than may be indispensa- 
bly necessary for that purpose, and that he will give 
notice to the enrolling officer when any such driver 
teases to be in his employment. 
Feb. 17,1864. 
» 10, ch. 65. 
Repeal of 
former laws. 
1S9. That all laws granting exemptions from mili- 
tary service be and the same are hereby repealed, and 
hereafter none shall be exempted except the follow- 
ing :* 
* For pci sons exempt on account of religious opinions, see 168. MILITARY LAWS. 
79 
I. All who shall be held unfit for military service, 
under rules to be prescribed by the Secretary of War. 
Who exempt 
from service. 
Persons unfit 
for service. 
II. The Vice-President of the Confederate States; 
the members and officers of Congress and of the several 
State Legislatures, and such other Confederate and 
State officers as the President or the Governors of the 
respective states may certify to be necessary for the 
proper administration of the Confederate or State 
governments, as the case may be. 
Certain Con- 
federate and 
State officers 
III. Every minister of religion authorized to preach 
according to the rules of his church, and who, at the 
passage of this act, shall be regularly employed in the 
discharge of his ministerial duties; superintendents 
and physicians of asylums of the deaf, dumb, and 
blind, and of the insane ; one editor for each news- 
paper being published at the time of the passage of 
this act, and such employees as said editor may certify 
on oath to be indispensable to the publication of such 
newspaper; the public printer of the Confederate and 
State governments, and such journeymen printers as 
the said public printer shall certify on oath to be in- 
dispensable to perform the public printing; one skilled 
apothecary in each apothecary-store, who was doing 
business as such apothecary on the tenth day of Octo- 
ber, eighteen hundred and sixty-two, and has con- 
tinued said business, without intermission, since that 
period; all physicians over the age of thirty years, 
who'now are, and for the last seven years have been, 
in the actual and regular practice of their profession— 
but the term physician shall not include dentists; all 
presidents and teachers of colleges, theological semi- 
naries, academies, and schools, who have been regularly 
engaged as such for two years next before the passage 
of this act: Provided, That the benefit of this ex- 
emption shall extend to those teachers only whose 
schools are composed of twenty students or more; all 
superintendents of public hospitals, established by law 
before the passage of this act, and such physicians and 
nurses therein as such superintendent shall certify on 
oath to be indispensable to the proper and efficient 
management thereof. 
Ministers of 
religion, 
editors, etc., 
etc. 80 
DIGEST OF 
Overseers, 
etc. 
IV. There shall be exempt one person as overseer 
or agriculturist on each farm or plantation upon which 
there are now, and were, upon the first day of Jan- 
uary last, fifteen able-bodied field-hands between the 
ages of sixteen and fifty, upon the following condi- 
tions : 1. This exemption shall only be granted in 
cases in which there is no white male adult on the 
farm or plantation not liable to military service, nor 
unless the person claiming the exemption Avas, on the 
first day of January, eighteen hundred and sixty-four, 
either the owner and manager or overseer of said 
plantation ; but in no case shall more than one person 
be exempted for one farm or plantation. 2. Such per- 
son shall first execute a bond, payable to the Confeder- 
ate States of America, in such form, and with such 
security, and in such penalty, as the Secretary of War 
may prescribe, conditioned that he will deliver to the 
government, at some railroad depot, or such other 
place or places as may be designated by the Secretary 
of War, within twelve months then next ensuing, one 
hundred pounds of bacon, or, at the election of the 
government, its equivalent in pork, and one hundred 
pounds of net beef (said beef to be delivered on foot) 
for each able-bodied slave on the farm or plantation 
within the above said ages, whether said slaves be 
worked in the field or not; which said bacon or pork 
and beef shall be paid for by the government at the 
prices fixed by the commissioners of the state under 
the Impressment act: Provided, That Avhen the person 
thus exempted shall produce satisfactory evidence 
that it has been impossible for him, by the exercise of 
proper diligence, to furnish the amount of meat thus 
contracted for, and leave an adequate supply for the 
subsistence of those living on said farm or plantation, 
the Secretarj* of War shall direct a commutation of 
the same to the extent of two-thirds thereof in grain 
or other provisions, to be delwered by such person as 
aforesaid, at equivalent rates. 3. Such person shall 
further bind himself to sell the marketable surplus of 
provisions and grain now on hand, and Avhich he may 
raise from year to year, while his exemption continues, MILITARY LAWS. 
81 
to the government or to the families of soldiers, at 
prices fixed by the commissioners of the state under 
the Impressment act: Provided., That any person, ex- 
empted as aforesaid, shall be entitled to a credit of 
twenty-five per cent, on any amount of meat which he 
may deliver within three months from the passage of 
this act: Provided,further, That persons coming within 
the provisions of this exemption shall not be deprived 
thereof by reason of having been enrolled since the 
first day of February, eighteen hundred and sixty-four. 
In addition to the foregoing exemptions, the Secre- 
tary of War, under the direction of the President, may 
exempt or detail such other person as he maybe satis- 
fied ought to be exempted on account of public neces- 
sity, and to insure the production of grain and pro- 
visions for the army and the families of soldiers. He 
may also grant exemptions or details on such terms as 
he may prescribe, to such overseers, farmers, or plant- 
ers as he may be satisfied will be more useful to the 
country in the pursuits of agriculture than in the 
military service : Provided, That such exemptions shall 
cease whenever the former, planter, or overseer shall 
fail diligently to employ, in good faith, his own skill, 
capital, and labor exclusively in the production of 
grain and provisions, to be sold to the government 
and the families of soldiers at prices not exceeding 
those fixed at the time for like articles by the commis- 
sioners of the state under the Impressment act. 
Exemption 
or details for 
production 
of grain or 
provisions. 
V. The president, treasurer, auditor, and superin- 
tendent of any railroad company engaged in trans- 
portation for the government, and such officers and 
employees thereof as the president or superintendent 
shall certify on oath to be indispensable to the efficient 
operation of such railroad: Provided, That the number 
of persons exempted by this act on any railroad shall 
not exceed one for each mile of such road in actual 
use for military transportation, and said exempts shall 
be reported by name and description, with the names 
of any who may have left the employment of said 
company, or who may cease to be indispensable to the 
efficient operation of its road, at least once a month, 
Officers and 
employees of 
certan rail- 
road compa- 
nies. DIGEST OF 
to the Secretary of War, or such officer as he may 
designate for that purpose : And provided, further, That 
such president or superintendent shall, in each such 
monthly report, certify on oath that no person liable 
to military service has been employed by his company 
since the passage of this act, in any position in which 
it was practicable to employ one not liable to military 
service, and capable of performing efficiently the 
duties of such position. And in cases where railroads 
have fallen into the hands of the enemy, and a portion 
of the rolling stock of such roads is being used on 
other roads not in the enemy’s hands, the president 
and superintendent of said first-named roads shall bo 
exempt. 
Mail con- 
tractor^. 
YI. That nothing herein contained shall be con- 
strued as repealing the act approved April fourteenth, 
eighteen hundred and sixty-three, entitled an act to 
exempt contractors for carrying the mails of the Con- 
federate States, and the drivers of post-coaches and 
hacks [187, 188] from military service: Provided, 
That the exemptions granted under this act shall only 
continue whilst the persons exempted are actually 
engaged in their respective pursuits or occupations. 
XIII. Rendezvous. 
oct. n,i862 
ror exami- 
persons 
enrolled. 
190. That there shall be established in each county, 
parish, or district, and in any city in a county, parish, 
or district in the several states, a place of rendezvous 
for the persons in said county, district, parish, or city 
enrolled for military duty in the field, who shall be 
there examined by one or more surgeons, to be em- 
ployed by the government, to be assigned to that duty 
by the President, on a day of which ten days’ notice 
shall be given by said surgeon, and from day to day 
next thereafter, until all who shall be in attendance 
for the purpose of examination shall have been exam- 
ined ; and the decision of said surgeons, under regula- 
tions to be established by the Secretary of War, as to 
the physical and mental capacity of any such person 
for military duty in the field, shall be final; and those 
only thus ascertained to be fit for military duty in the MILITARY LAWS. 
83 
field shall be required to assemble at camps of instruc- 
tion [176]. 
191. There shall be assigned to each congressional 
district in the several states three surgeons, who shall 
constitute a board of examination in such district for 
the purpose specified in the foregoing section, any one 
or more of whom may act at any place of rendezvous 
in said district. 
Ibid, $ 2. 
Board of ex- 
amination. 
192. When it shall appear to any surgeon attending 
such place of rendezvous, by the certificate of a respect- 
able physician resident in that county, district, parish, 
or city in a county, parish, or district, that any enroll- 
ed person therein is unable to attend on account of 
sickness, it shall be the duty of said surgeon to file 
said certificate with the commandant of the nearest 
camp of instruction; and if the person named therein 
shall not, within a reasonable time, report himself for 
examination at said camp of instruction, or his con- 
tinued disability certified by the certificate of a re- 
spectable physician of his county, city, district, or 
parish, he shall be held liable as absent without leave 
of his commanding officer. 
Ibid, \ 3. 
Absence of 
enrolled per- 
sons on 
account of 
sickness. 
XIV. Local Defence and Special Service. 
193. That the President be and he is hereby author- 
ized to accept the services of volunteers of such kind 
and in such proportion as he may deem expedient, to 
serve for such time as he may prescribe, for the de- 
fence of exposed places or localities, or such special 
service as he may deem expedient. 
Aug. 21,1861 
\ 1, ch. 28. 
Defence of 
exposed 
localities. 
194. And such forces shall be mustered into the ser- 
vice of the Confederate States, for the local defence or 
special service aforesaid, the muster-roll setting forth 
distinctly the services to be performed; and the said 
volunteers shall not be considered in actual service 
until thereunto specially ordered by the President. 
And they shall be entitled to pay or subsistence only 
for such time as they may be on duty under the orders 
of the President or by his direction. 
Ibid, j> 2. 
Muster-roll 
to set forth 
the services. 
Pay. 
195. Such volunteer forces, when so accepted and 
ordered into service, shall be organized in accordance 
Ibid, i 3. 
How organ- 
ized. 84 
DIGEST OF 
with and subject to all the provisions of the act en- 
titled “An act to provide for the public defence,” 
approved March 6, 1861 [91, 92, 95, 96], and may be 
attached to such divisions, brigades, regiments, or 
battalions as the President may direct, and when not 
organized into battalions or regiments before being 
mustered into service, the President shall appoint the 
field-officers of the battalions and regiments when 
organized as such hy him. 
Field-officers 
Oct. 13,1862 
ch. 63. 
Companies 
composed of 
persons not 
liable to 
military 
duty. 
196. That for the purpose of local defence in any 
portion of the Confederate States, any number of per- 
sons not less than twenty, who are over the age of 
forty-five years, or otherwise not liable to military 
duty, may associate themselves as a military company, 
elect their own officers, and establish rules and regu- 
lations for their own government, and shall be con- 
sidered as belonging to the Provisional Army of the 
Confederate States, serving without pay or allow- 
ances, and entitled, when captured by the enemy, to 
all the privileges of prisoners of war: Provided, That 
such company shall, as soon as practicable, transmit 
their muster-roll, or a list of the names of the officers 
and privates thereof, to the governor of the state, the 
commanding general of the department, or any brig- 
adier-general in the State or Confederate service, to 
be forwarded to the Secretary of War; but the Presi- 
dent or the commander of the military district may, 
at any time, disband such companies: Provided, That 
in the states and districts in which the act entitled 
“ An act to further provide for the public defence,” 
approved April the sixteenth, eighteen hundred and 
sixty-two [143,145], and the acts amendatory thereof, 
have been suspended, persons of any age, resident 
within such states or districts, may volunteer and 
form part of such companies so long as such suspen- 
sion may continue : Provided, That no person shall 
become a member of said’company until he shall have 
first taken the oath of allegiance to the Confederate 
States of America, in writing, a copy of which shall 
be filed with the muster-roll of said company as above 
proscribed. 
Muster-roll. 
Persons of 
any age in 
certain 
states may 
form part of 
such compa- 
nies. 
Oath of alle- 
giance. MILITARY LAWS. 
85 
197. That the President be and he is hereby author- 
ized to purchase or charter, arm, equip, and man such 
merchant vessels and steamships or boats as may be 
found fit or easily converted into armed vessels, and 
in such number as he may deem necessary for the 
protection of the seaboard and the general defence of 
the country. 
March 6, 
1861, J10, 
ch. 26. 
Armed 
vessels for 
seaboard 
and general 
defence. 
198. That the President be and he is hereby author- 
ized to raise a corps for the temporary and special 
service on the western waters, to cause to be enlisted 
a number of men not exceeding six thousand, and of 
such commissioned and non-commissioned officers, 
and of such rank, either naval or military, as the Pres- 
ident may deem necessary, who shall severally re- 
ceive such pay and allowances as he may determine. 
Jan. 14,1862 
ch. 39. 
Corps for 
service on 
the western 
waters. 
199. That the President be and he is hereby author- 
ized to cause such floating defences as he may deem 
best adapted to the protection of the Mississippi river 
against a descent of iron-plated steam gunboats, to be 
constructed or prepared with the least possible delay. 
Aug. 30,1861 
ch. 56. 
Floating de- 
fences for 
protection of 
Mississippi 
river. 
200. That the sum of one million and two hundred 
thousand dollars is hereby appropriated for the further 
defence of the Bay of Mobile and the Alabama river, 
to be expended at the discretion of the President, by 
the Secretary of the Navy; and that the disbursement 
of said money shall be made in the manner provided 
by law for appropriations for the navy. 
March 24, 
1862, J 1, 
ch. 8. Ap- 
propriation 
for defence 
of Bay of 
Mobile. 
201. That the President is hereby authorized to 
raise a corps for the temporary and special service 
provided for in the first section of this act in the Bay 
of Mobile and the Alabama river, consisting of a num- 
ber of men not exceeding six thousand men, and of 
such commissioned and non-commissioned officers, and 
of such rank as the President may deem necessary, 
who shall severally receive such pay and allowance, 
as he may determine. 
Ibid, $ 2. 
Corps for de- 
fence of Bay 
of Mobile 
and Alaba- 
ma river. DIGEST OF 
XV. Quartermaster,* Commissary, and Medical 
Departments. 
[See Regular Army.) 
March 6, 
1861. I 9, 
ch. 26. 
Appoint- 
ment of ad- 
ditional offi- 
cers for ser- 
vice with 
militia or 
volunteers. 
202. That when volunteers or militia are called into 
the service of the Confederate States in such numbers 
that the officers of the Quartermaster, Commissary, 
and Medical departments which may be authorized by 
law for the regular service, are not sufficient to provide 
for the supplying, quartering, transporting, and fur- 
nishing them with the requisite medical attendance, it 
shall be lawful for the President to appoint, with the 
advice and consent of the Congress, as many additional 
officers of said departments as the service may require, 
not exceeding one commissary and one quartermaster 
for each brigade, with the rank of major, and one as- 
sistant quartermaster with the rank of captain, one 
assistant commissary with the rank of captain, one 
surgeon and one assistant surgeon for each regi- 
ment; the said quartermasters and commissaries, as- 
sistant quartermasters and commissaries, to give bonds, 
with good sureties, for the faithful performance of their 
duties—the said officers to be allowed the same pay and 
emoluments as shall be allowed to officers of the same 
grade in the regular service, and to be subject to the 
Pules and Articles of War, and to continue in service 
only so long as their services may be required in con- 
nection with the militia or volunteers. 
Feb. 15,1862 
ch. SO. 
Additional 
quartermas- 
ters and 
commissa- 
ries for per- 
manent 
posts and 
depots. 
20o. That in addition to the number of quartermas- 
ters, assistant quartermasters, commissaries, and assist- 
ant commissaries now allowed by law, the President 
shall have authority to appoint as many of said officers 
as shall, in his discretion, be deemed necessary at per- 
manent posts and depots—said appointments to termi- 
nate at the close of the war, or sooner, if the services 
of the officer can be advantageously dispensed with : 
[.Provided [204], That no quartermaster, assistant quar- 
termaster, commissary, or assistant commissary be au- 
thorized to employ a clerk; but the commanding.offi- 
* Quartermasters empowered to administer oaths in certain cases, 379. Quar- 
termasters to make deduction from pay for absence without leave, 326. MILITARY LAWS. 
87 
cerof quartermasters, assistant quartermasters, com- 
missaries, or assistant commissaries shall detail from 
the ranks under his command such person or persons 
as may be necessary for service in the offices of said 
quartermasters, assistant quartermasters, commissa- 
ries, and assistant commissaries.] 
204. That the act entitled “ An act to provide for an 
increase of the Quartermaster and Commissary de- 
partments ” [203], approved February fifteenth, eigh- 
teen hundred and sixty-two, be and the same is here- 
by amended by striking out the proviso at the end of 
the same, and inserting in lieu thereof the following: 
Provided, That no quartermaster, assistant quarter- 
master, commissary, or assistant commissary be au- 
thorized to employ as a clerk any one liable to military 
service; and the commanding officer of quartermas- 
ters, assistant quartermasters, commissaries, or assist- 
ant commissaries may detail from the ranks under his 
command such person or persons as may be necessary 
for service in the offices of said quartermasters, assist- 
ant quartermasters, commissaries, and assistant com- 
missaries : Provided, That only disabled soldiers shall 
be so detailed, while one can be found for such service. 
[172 et seq.] 
April 22, 
1863, l 1, ch. 
36. 
Persons 
liable to 
military ser- 
vice not to 
be appointed 
as clerks. 
Details for 
service. 
205. That all surgeons, assistant surgeons, quarter- 
masters, commissaries, and assistant quartermasters 
and commissaries, appointed and commissioned in the 
Provisional Army, and who may have commenced their 
service before receiving their commissions, shall be en- 
titled to take rank and receive pay from the date when 
they actually commenced to perform their respective 
duties with troops in the service of the Confederacy. 
[See, also, 387.] 
Dec. 18,1861 
ch. 13. 
Date of rank 
and pay. 
206. That the Secretary of War be and he is hereby 
authorized to audit and settle the claims of all assist- 
ant quartermasters-general, commissaries-general, and 
surgeons, who discharged the duties of said offices from 
the date of the transfer of the battalions or regiments 
to which they were attached, to the time of the ap- 
pointment of their successors by the Confederate gov- 
Jan. 15,1862 
ch. 40. 
Settlement 
of claims. 88 
digest or 
eminent: Provided, Said officers held commissions 
from their respective states, and discharged the duties 
of said offices under said commissions, and no other 
officers during the time were appointed or discharged 
the duties of the same. 
Aug. 14,1861 
eh. 21. 
Surgeons for 
hospitals. 
207. That the President be and he is hereby author- 
ized to appoint in the Provisional Army as many sur- 
geons and assistant surgeons, for the various hospitals 
of the Confederacy, as may be necessary. 
Mav 1,1863 
11,‘ch. 61. 
Office of regi- 
mental com- 
missary 
abolished. 
208. That the office of regimental commissary be 
and the same is hereby abolished, and the duties here- 
tofore devolved by law upon said commissary shall be 
performed by the regimental quartermaster : Provided, 
That said quartermaster shall, if required by the Sec- 
retary of War, execute a new bond, with such addi- 
tional penalty as he may require. 
Ibid, l 2. 
Commissary 
sergeant. 
209. That the commanding officer of a regiment or 
battalion shall, when the good of the service in his 
opinion requires it, detail a non-commissioned officer 
or private as commissary-sergeant, who shall be as- 
signed to the regimental quartermaster to perform the 
duties now performed by commissary-sergeants, and 
the non-commissioned officer or private so detailed 
shall receive as extra pay twenty dollars per month. 
Ibid, \ 3. 
Supplies; 
how drawn 
by regimen- 
tal quarter- 
masters act- 
ing as com- 
missaries. 
210. That the regimental quartermasters acting as 
commissaries shall draw supplies for their respective 
regiments on provision returns, form fourteen, and not 
in bulk; and when detached from their brigades, so 
that it is impracticable to draw supplies from the bri- 
gade commissary, it shall be the duty of the nearest 
brigade or post commissary to supply his regiment on 
provision return fourteen. 
Ibid, \ 4. 
Sales: how 
to be made. 
211. Sales to officers shall be made by the brigade 
commissaries to which such officers are attached. 
Ibid, 5. 
Quarter- 
masters and 
commissa- 
ries perma- 
nently de- 
tached. 
212. That quartermasters and commissaries, assist- 
1 ant quartermasters and assistant commissaries who 
become permanently detached from divisions, brigades, 
or regiments to which they are originally appointed 
and assigned respectively, whether by resignation or 
otherwise, shall cease to be officers of the army, and 
their names shall be dropped from the rolls of the army 89 
MILITARY LAWS. 
unless reassigned by a special order of the Secretary 
of War. 
213. That it shall be the duty of the Secretary of 
War to issue the necessary orders for the earliest prac- 
tical enforcement of the provisions of this law, and 
that he shall communicate to the Chiefs of the Subsist- 
ence and Quartermaster’s bureaus the names of the 
commissaries and assistant commissaries, quartermas- 
ters and assistant quartermasters retained and drop- 
ped from the rolls under this act. 
Ibid, ? 6. 
Orders to be 
issued by 
Secretary of 
War. 
214. That all laws and parts of laws contravening 
the provisions of this act be and the same are hereby 
repealed. 
Ibid, § 7. 
Repeal of 
conflicting 
laws. 
215. That no officer charged with the safe-keeping, 
transfer, or disbursement of public monej’S shall con- 
vert to his own use, or invest in aay kind of property 
or merchandize, on private account, or lend, with or 
without interest, any portion of the public moneys en- 
trusted to him for safe-keeping, transfer, disbursement, 
or any other purpose. 
May 1,1863 
g 1, ch. 81. 
Public 
moneys not 
to be invest 
ed in proper- 
ty on private 
account, nor 
loaned. 
216. That no officer charged with the safe-keeping, 
transfer, or disbursement of public moneys, or charged 
with or assigned to the duty of purchasing for the 
government, or any department thereof, shall buy, 
trade, traffic, or speculate in, either directly or indi- 
rectly, 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 whatsoever which is or may be re- 
quired to be purchased for the use of the army or the 
prosecution of the war. 
Ibid, g 2. 
Officers not 
to traffic nor 
speculate in 
articles of 
food, cloth- 
ing, materi- 
als of war, 
etc. 
217. No officer shall take a receipt in blank for any 
article or articles purchased by him for the govern- 
ment or any department thereof; and every receipt 
shall set forth the true amount paid, and on what ac- 
count ; and when payment is made on account of prop- 
erty purchased, the receipt shall set forth the name of 
the person from whom such property was purchased, 
and the place of his residence, the thing or things pur- 
chased by items, number, weight, or measurement, as 
Ibid. I 3. 
Receipts in 
blank pro- 
hibited. 
What re- 
ceipts shall 
state. DIGEST OF 
may be customary in the particular case, the price 
thereof, and the date of payment. 
Ibid, ? 4. 
Transporta- 
tion of pri- 
vate proper- 
ty. 
218. No officer who is in charge of transportation, 
or who is empowered to grant the same, shall forward 
by government conveyance, or at the expense of 
government, or to the exclusion or delay of govern- 
ment freight, any commodity orpropertjr of any kind, 
unless the same belongs to the government or some 
department thereof, except as authorized by law. 
Ibid. ? 5. 
Penalty on 
conviction 
before a 
court-mar- 
tial or mili- 
tary court. 
219. Any officer who shall violate any provision in 
the foregoing sections shall, upon a conviction before 
a court-martial or military court, be cashiei*ed, and 
placed in the ranks as a private, to serve during the 
war: Provided, That nothing herein contained shall 
impair the civil remedy which the government may 
have against any officer or his sureties for fraud, pecu- 
lation, or misapplication of the public moneys entrust- 
ed to him by the government. 
220. 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 vio- 
late any of the provisions of the foregoing sections, 
shall be liable to indictment, and fined in a sum not 
less than one thousand dollars, and imprisoned not less 
than one jmar nor longer than five years, to be im- 
posed by the judge or jury trying the cause, according 
to the course of judicial proceeding in force in the sev- 
eral states : Provided, The provisions of this act shall 
in nowise interfere with or impair the civil remedy 
which the government may have against any of said 
officers, or their securities or employees, for frauds, 
peculations, or misapplication of the moneys entrusted 
to them respectively by the Confederate States : Pro- 
vided, 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 crim- 
inal laws of the state in which they may reside, shall 
have power to commit or bind over, in a sufficient re- 
cognizance, offenders against the provisions of this law, 
to appear at the next term of the district court of the 
Confederate States within the jurisdiction of which 
Ibid, $ 6. 
Indictment, 
fine, and 
imprison- 
ment. 
Civil remedy 
Peace offi- 
cers to have 
power of 
commitment MILITARY LAWS. 
the offence was committed, for trial, in the same man- 
ner and under the same rules as if such preliminary 
trial were had before the judge of such district court-; 
and the judges of the Confederate courts having juris- 
diction of the offences defined by this act shall, at the 
commencement of each session of their respective 
courts, give this act and its provisions specially in 
charge to the different grand juries [35]. 
Charge to 
grand juries 
XVI. Supplies, Clothing,* and Provisions. 
221. That said volunteers [88] shall furnish their 
own clothes, and, if mounted men, their own horses 
and horse equipments; and, when mustered into ser- 
vice, shall be armed by the states from which they 
come, or by the Confederate States of America. 
March 6. 
1861. I 3, 
ch. 26. 
Volunteers 
to furnish 
their own 
clothing. 
222. That said volunteers shall, when called into 
actual service, and while remaining therein, be subject 
to the Eules and Articles of War; and instead of cloth- 
ing, every non-commissioned officer and private in any 
company shall be entitled, when called into actual ser- 
vice, to money in a sum equal to the cost of clothing 
of a non-commissioned officer or private in the regular 
army of the Confederate States of America [226]. 
Ibid, l 4. 
Money in 
lieu of 
clothing. 
223. That the fourth section of the act of March 6, 
1861, “ to provide for the public defence ” [222], be 
amended as follows, viz : That there shall be allowed 
to each volunteer, to be paid to him on the first muster 
and pay rolls after being received and mustered into 
the service of the Confederate States, the sum of 
twenty-one dollars, in lieu of clothing for six months 
[226] ; and thereafter the same allowance in money 
at every subsequent period of service for six months in 
lieu of clothing : Provided, That the price of all cloth- 
ing in kind received by said volunteers from the Con- 
federate States government shall be deducted first from 
the money thus allowed; and if that sum be not suffi- 
cient, the balance shall be charged for stoppage on the 
muster and payrolls; and that all accounts arising 
May 21.1861 
g 2, ch. 39. 
Twenty-one 
dollars in 
lieu of six 
months’ 
clothing. 
Price of 
clothing re- 
ceived to be 
deducted. 
* For clothing for the sick and wounded in hospitals, see 410. Yearly allowance 
of clothing to enlisted men, 79. DIGEST OF 
from contracts, agreements, or arrangements for fur- 
nishing clothing to volunteers, to be duly certified by 
the company commander, shall be paid out of the said 
semi-annual allowance of money. 
Aug. 30,1801 
a i. ch. 5i. 
Clothing to 
be furnished 
to the entire 
forces of the 
Confederate 
States. 
224. That the Secretary of War be and he is hereby 
authorized and required to provide, as far as possible, 
clothing for the entire forces of the Confederate States, 
and to furnish the same to every regiment or compa- 
ny upon the requisition of the commander thereof, the 
quantity, quality, and kind thereof to be established 
by regulation of the department, to be approved by 
the President; and in case any state shall furnish to 
its troops and volunteers in the Confederate service 
such clothing, then the Secretary of War is required 
to pay over to the governor of such state the money 
value of the clothing so furnished. 
Clothing 
furnished by 
the states to 
be paid for. 
Ibid, g 2. 
Clothing 
when fur- 
nished by 
the troops. 
225. The commander of every volunteer company 
shall have the privilege of receiving commutation for 
clothing at the rate of twenty-five dollars per man for 
every six months, when they shall have furnished their 
own clothing. 
Oct. 8,1862 
ch. 30. 
Law provid- 
ing commu- 
tation for 
clothing re- 
pealed. 
Clothing in 
kind. 
226. That so much of the existing law [223] as pro- 
vides commutation for clothing to the soldiers in the 
service of the Confederacy, be and the same is hereby 
repealed; and hereafter the Secretary of War shall 
provide in kind to the soldiers, respectively, the uni- 
form clothing prescribed by the regulations of the 
Army of the Confederate States; and should any bal- 
ance of clothing be due to any soldier at the end of 
the year, thamoney value of such balance shall be paid 
to such soldier, according to the value of such clothing 
fixed and announced by order from the War depart- 
ment. 
Oct. 8, 1862 
i i- ><*• "i. 
Importa- 
tions of ma- 
chinery and 
materials for 
manufacture 
of clothing 
or shoes. 
227. That the President is hereby authorized to im- 
port, duty free, cards or card-cloth, or any machinery 
or materials necessary for increasing the manufacture 
of clothing for the army, or any articles necessary for 
supplying the deficiency of clothing or shoes, or mate- 
rials for shoes for the army. 
Ibid, g 2. 
Machinery 
may be 
228. That any machinery, or parts of machinery, or 
materials imported as aforesaid, may be worked on MILITARY LAWS. 
government account, or leased, or sold, at the discre- 
tion of the President. 
worked, or 
leased, or 
sold. 
229. That the President may extend the privileges 
of this act to companies or individuals, subject to such 
regulations as he may prescribe. 
Ibid, l 3. 
Privileges 
extended to 
companies 
or individu- 
als. 
Ibid, j! 4. 
Color and 
quality of 
clothing. 
230. That the clothing required to be furnished to 
the troops of the Provisional Army under any exist- 
ing law may be of such kind, as to color and quality, 
as it may be practicable to obtain, any law to the con- 
trary notwithstanding. 
231. That the President be and he is hereby author- 
ized, on the requisition of the Quartermaster-General, 
to detail from the army persons skilled in the manu- 
facture of shoes, not to exceed two thousand in num- 
ber; and it shall be the duty of the Quartermaster- 
General to place them, without delay, at suitable points, 
in shops, under proper regulations prescribed by him, 
and employ them diligently in the manufacture of 
shoes for the army. 
Oct. 9, 1862 
11, ch. 37. 
Detail of 
persons for 
manufacture 
of shoes. 
232. That soldiers detailed under the provisions of 
this act shall be entitled to receive pay for extra duty, 
and also thirty-five cents per pair for shoes manufact- 
ured by them severally, in addition to regular pay 
and rations. 
Ibid, § 2. 
Pay. 
233. That there shall be allowed and paid to the 
militia of any state who have been, or may hereafter . 
be, called into the service of the Confederate States, 
under authority of existing laws, to each private and 
non-commissioned officer commutation for clothing for 
the time of actual service, at the rate of forty-two dol- 
lars a year, up to the thirtieth day of August, eighteen 
hundred and sixty-one, and after that date at the rate 
of fifty dollars per annum, deducting therefrom the 
value of any clothing which may have been issued 
them, or commutation therefor which may have been 
allowed them. 
April 30, 
1863, § 1, 
ch. 51. 
‘Militia; 
commuta- 
tion for 
clothing. 
234. All claims for commutation under authority of 
this act made by any of the militia who have been 
heretofore paid, shall be settled by the Second Auditor, 
with the approval of the Comptroller of the Treasury. 
Ibid, 12. 
Claims for 
commuta- 
tion ; how 
settled. 94 
DIGKST OF 
Aug. 30, 
1861. ch. 50. 
Purchase of 
steamer, and 
supplies of 
leather, 
shoes, etc. 
235. That the sum of one million of dollars be and 
the same is hereby appropriated, out of any money in 
the Treasury not otherwise appropriated, for the pur- 
chase of a steamer, and such supplies of leather, shoes, 
flannel, and woollen clothing and blankets for the use 
of the troops in the service of the Confederate States 
—the said appropriation to be expended under the di- 
rection of the President. 
Aug. 31,1861 
Res. 8. 
Bread in lien 
of flour. 
236. That the Secretary of War be and he is hereby 
directed to furnish to such of our troops in the field as 
desire it, upon requisition made, and whenever practi- 
cable, in lieu of the usual ration of flour, an equivalent 
of well-baked bread; to this end he is authorized to es- 
tablish bakeries in such numbers and at such points as 
may be necessary, or to make contracts for the supply 
of such bread. 
Fresh vege- 
tables. 
Resolved, That a daily ration of fresh vegetables be 
furnish[ed] to all troops whenever the same can be 
provided at reasonable cost and charges to the govern- 
ment. 
Aug. 31,1861 
ch. 68. 
Private con- 
tributions. 
237. That the Secretarj' of War be authorized and 
required to make all necessary arrangements for the 
reception and forwarding of clothes, shoes, blankets, 
and other articles of necessity that may be sent to the 
army by private contribution. 
238. That from and after the passage of this act all 
commissioned officers of the armies, whilst on duty in 
the field, or in the naval service, whilst afloat, of the 
Confederate States, shall be entitled to one ration in 
kind each, in quantity and quality the same as are now 
allowed by law to privates, and shall draw: and receive 
the same under such regulations as may be prescribed 
by the Secretary of War. 
Feb. 17,1864 
§ 1. ch. 45. 
Rations to 
officers. 
Ibid, \ 2. 
Purchase of 
clothing and 
cloth. 
239. All commissioned officers of the armies of the 
Confederate States shall be allowed to purchase cloth- 
ing and cloth for clothing from any quartermaster at 
the price which it cost the government, all expenses 
included : Provided, That no quartermaster shall be 
allowed to sell to any officer any clothing which would 
be proper to issue to privates, until all privates entitled MILITARY LAWS. 
95 
to receive the same shall have been first supplied : 
Provided, That the officer offering to purchase shall 
vive his certificate on honor that the articles are neces- 
O 
sary for his own personal comfort and use, and in no 
case shall more than one suit per annum be allowed to 
be so purchased by an officer: Provided, That no law 
or army regulation shall hereafter be construed to al- 
low’ an officer to purchase or draw from subsistence 
stores more than one ration a day, or for less price 
than the cost thereof, including transportation. 
240. No officer under the rank of brigadier-general 
shall hereafter be entitled to forage or commutation for 
forage for more than one horse, except when on ser- 
vice in the field. 
Ibid, § 3. 
Limitation 
as to forage. 
241. That there shall be furnished to every enlisted 
man in the service of the Confederate States one ra- 
tion of tobacco, under such regulations as the Secre- 
tary of War may establish. 
Feb. 17,1864 
ch. 71. 
Rations of 
tobacco to 
enlisted men 
XVII. Transportation.* 
242. When transportation can not be furnished in 
kind, the discharged soldier shall be entitled to receive 
ten cents per mile in lieu of all travelling pay, subsist- 
ence, forage, and undrawn clothing, from the place of 
discharge to the place of his enlistment or enrolment, 
estimating the distance by the shortest mail route, and 
if there is no mail route, by the shortest practicable 
route. The foregoing to apply to all officers, non-com- 
missioned officers, musicians, artificers, farriers, black- 
smiths, and privates of volunteers when disbanded, 
discharged, or mustered out of service of the Confed- 
erate States; and it shall also apply to all volunteer 
troops as above designated, when travelling from the 
place of enrolment to the place of general rendezvous 
May 21,1861 
jfl. ch. 39. 
Mileage in 
lieu of trav- 
elling pay, 
subsistence, 
forage, and 
undrawn 
clothing. 
* For transportation for men recruited for three years or the war, 106,132. 
For officers authorized to raise commands, 107. 
For re-enlisted twelve months’ men, 121. 
For state agents to visit troops, 345. 
For hospital supplies, 409. 
For sick and wounded soldiers, 414. 
Of private property by persons in charge of government transportation. 218. 
Of sick and wounded soldiers after discharge from hospital, 422, 96 
digest or 
Proviso. 
or point where mustered into service : Provided, That 
nothing herein contained shall be so construed as to de- 
prive the mounted volunteers of the allowance of forty 
cents a day for the use and risk of his horse, which 
allowance is made from the date of his enrolment to 
the date of his discharge, and also for every twenty 
miles’ travel from the place of his discharge to the place 
of his enrolment. 
Feb. 7,1863 
31, ch. 2. 
For persons 
to whom 
furloughs 
have been 
allowed. 
243. That non-commissioned officers and privates 
who have been mustered into service for the war, and 
to whom furloughs may be granted for not more than 
sixty days, shall be entitled to transportation home 
and back: Provided, Tlrat this allowance shall only be, 
made once during the term of enlistment of such non- 
commissioned officers and privates. 
XVIII. Cooks and Nurses. 
[See Hospitals, 411, 413.] 
Aug. 21,1861 
§ 1, ch. 29. 
Employ- 
ment of. 
244. That the better to provide for the sick and 
wounded, the Secretary of War is authorized to direct 
the employment, when deemed necessary, of nurses 
and cooks, other than enlisted men or volunteers—the 
persons so employed being subject to military control, 
and in no case to receive pay above that allowed to 
enlisted men [75] or volunteers. 
Ibid, § 2. 
Appropria- 
tion. 
245. That there be appropriated for the pay of the 
nurses and cooks provided for in the above section, 
one hundred and thirty thousand dollars. 
April 21, 
1862, 1 1, 
ch. 64. 
Cooks for 
tho use of 
companies; 
their duties. 
246. That hereafter it shall be the duty of the cap- 
tain or commanding officer of his company to enlist 
four cooks for the use of his company, whose duty it 
shall be to cook for such company—taking charge of 
the supplies, utensils, and other things furnished 
therefor, and safely keep the same, subject to such 
rules and regulations as may be prescribed by the 
War department or the colonel of the regiment to 
which such company may be attached. 
247. That the cooks so directed to be enlisted may 
be white or black, free or slave persons: Provided, 
however, That no slave shall be so enlisted without 
Ibid, §2. 
Cooks may 
be white or 
black—free 
or slave. MILITARY LAWS. 
97 
the written consent of his owner; and such cooks 
shall be enlisted as such only, and put on the muster- 
roll and paid at the time and place the company may 
or shall be paid off, twenty dollars per month to the 
chief or head-cook, and fifteen dollars per month for 
each of the assistant cooks, together with the same 
allowance for clothing, or the same commutation 
therefor, that may be allowed to the rank and file of 
the company [226]. 
Pay. 
XIX. Chaplains. 
248. That there shall be appointed by the President 
such number of chaplains, to serve with the armies of 
the Confederate States during the existing war, as he 
may deem expedient; and the President shall assign 
them to such regiments, brigades, or posts as he may 
deem necessary; and the appointments made as afore- 
said shall expire whenever the existing war shall ter- 
minate. 
Mav 3,1861 
$ 1, ch. 1. 
Appoint- 
ment of. 
249. The monthly pay of said chaplains shall be 
[eighty-five dollars; and said pay shall be in full of all 
allowances whatever] [251, 252]. 
Ibid, ? 2. 
Pay. 
250. That so much of the second section of the 
above recited act as fixes the pay of chaplains in the 
army at eighty-five dollars be repealed, and that the 
pay of said chaplains be [fifty dollars per month] [252]. 
May 16,1861 
ch. 22. Pay 
reduced. 
251. That chaplains in the army be and they are 
hereby allowed the same rations as privates. 
Ang. 31,1861 
ch. 69. 
Rations. 
252. That hereafter the pay of chaplains in the 
army shall be eighty dollars per month, with rations 
as now provided by law. 
April 19, 
1862, ch. .36. 
Pay and 
rations. 
253. That chaplains in the army in actual service in 
the field shall be entitled to draw forage for one horse: 
provided the chaplain has a horse in his use. 
Jan. 22,1804 
ch. 13. For- 
age allowed. 
XX. Engineers and Engineer Troops.* 
254. That the President be and he is hereby author- 
ized to appoint officers of engineers in the Provisional 
[$ee Engineers Regular Army, 50.] 
Dec. 31,1861 
ch. 29. Ap- 
pointment ; 
* For appointment of officers of engineer troops during recess of Senate, see 486. D1GKST OF 
rank, pay, 
and emolu- 
ments of offi- 
cers of engi- 
neers. 
Army, to a number not exceeding fifty, and of rank 
not higher than captain, whose pay [68] and emolu- 
ments shall be the same as those allowed for officers 
| 
of a like grade in the Permanent Army of the Con- 
federacy, and whose appointments shall expire at the 
end of the pending war. 
April 21, 
1862, ch. 65. 
Additional 
officer*. 
255. That the President be and he is hereby author- 
ized to appoint, with the advice and consent of the 
Senate, an additional number of officers in the engi- 
neer corps of the Provisional Army, of a rank not 
higher than captain : Provided, That the whole corps 
shall not exceed one hundred [257]. 
Sept. 23,1862 
ch.8. Num- 
ber ofofficer* 
in each 
grade limit- 
ed. 
256. That the officers of the engineer corps of .the 
Provisional Army may have rank [50 et seq.~\ conferred 
on them during the war equal to that authorized by 
law for the engineer corps of the Confederate States 
Army: Provided, That the number of officers in each 
grade be limited to one colonel, three lieutenant- 
colonels, six majors, forty captains, thirty first lieu- 
tenants, and twenty second lieutenants [257]. 
Feb. 17,1864 
11, ch. 60. 
Additional 
officer*. 
257. That the acts approved twenty-first April, 
eighteen hundred and sixty-two [255], and twenty- 
third September, eighteen hundred and sixty-two 
[256], regulating the increase and rank of the corps 
of engineers of the Provisional Army, be amended to 
read as follows: That the President be and he is here- 
by authorized to appoint, with the advice and consent 
of the Senate, an additional number of officers in the 
engineer corps of the Provisional Army: Provided, 
That the whole corps shall not exceed one hundred 
and twenty, and that the number of officers in each 
grade be limited to three colonels, four lieutenant- 
colonels, eight majors, forty-five captains, thirty-five 
first lieutenants, and twenty-five second lieutenants. 
March 20, 
1863, § 1, 
ch. 7. One 
company of 
engineer 
troops for 
each division 
of infantry. 
258. That* there shall be selected, in such manner 
as the Secretary of War may direct, from each division 
of infantry in service, one company of engineer troops, 
to consist of one hundred men, chosen with a view to 
their mechanical skill and physical fitness, and that 
Thin act modified and amended, 269. MILITARY LAWS. 
99 
the men assigned to such company shall be required 
to serve in the same only during the balance of their 
term of service respectively. 
259. That each company shall consist of eight ser- 
geants, seven corporals, forty artificers, and forty-five 
laborers, and that two musicians may be added. 
Ibid, ? 2. 
Of what to 
consist. 
260. That the commissioned officers of each com- 
pany shall consist of one captain, one first lieutenant, 
and two second lieutenants; and that the original 
vacancies in these companies shall be filled bj7 the 
transfer of officers of corresponding grade from the 
engineer corps, if practicable, and where not, then 
from the other corps, or from the line or staff of the 
army, reference being always had to their qualification 
as engineers, or by selection; but no one shall be se- 
lected who is not now serving in or with the army, 
unless he is a military or civil engineer. 
Ibid, § 3. 
Commission- 
ed officers. 
Original 
vacancies; 
how filled. 
261. That the companies shall be organized into 
regiments of ten companies each, and that the field 
and staff officers shall consist of one colonel, one lieu- 
tenant-colonel, one major, one adjutant with the rank 
of first lieutenant, one quartermaster-sergeant [268], 
and one sergeant-major; and that the original vacan- 
cies in the regiments shall be filled in the manner pro- 
vided for filling the same in the companies by the 
third section of this act [260]; and that the sergeant- 
major and the quartermaster-sergeant shall be selected 
from the enlisted men of the army. 
Ibid, J 4. 
Organiza- 
tion into 
regiments. 
Field and 
staff officers. 
Original 
vacancies; 
how filled. 
262. That in each regiment two of the companies 
shall be assigned to duty as pontoniers, and each be 
furnished with a bridge train complete. 
Ibid, i 5. 
Pontoniers. 
263. That the officer in charge of the Engineer 
bureau, subject to the approval of tho Secretary of 
War, shall prescribe the numbei-, form, and dimensions 
of the wagons, pontons, trestles, tools, implements, 
arms, and other necessaries for all the troops organ- 
ized by this act. 
Ibid,{ 6. 
Wagons, 
pontons, 
tools, arms, 
etc. 
264. That vacancies in the established regiments, to 
and including the rank of colonel, shall be filled by 
promotion, regimentally, according to seniority, ex- 
cept in case of disability or other incompetencv. 
Ibid,; 7. 
Vacancies in 
established 
regiments; 
how filled. 100 
DIGK8T OF 
Ibid, ? 8. 
Pay of offi- 
cers. 
265. That the monthly pay of the engineer troops 
shall be as follows: Of a colonel, two hundred and ten 
dollars; of a lieutenant-colonel, one hundred and 
eighty-five dollars; of a major, one hundred and sixty- 
two dollars; of a captain, one hundred and forty dol- 
lars; of a first lieutenant, one hundred dollars; of a 
second lieutenant, ninety dollai*s: and the adjutant 
shall receive ten dollars per month in addition to his 
pay as lieutenant [276]. 
Ibid, 3 0. 
Pay of enlist- 
ed men. 
266. That the pay of the enlisted men, per month, 
shall be as follows: The sergeant-major and quarter- 
master-sergeant, each twenty-one dollars; sergeants, 
thirty-four dollars ; corporals, twenty dollars; artifi- 
cers, seventeen dollars; laborers and musicians, thir- 
teen dollars [277]. 
Ibid, i 10. 
Mounted 
troops. 
267. That mounted engineer troops may be selected 
from the cavalry, and be organized according to the 
provisions of this act, for engineer troops, as herein- 
before specified. 
Feb. 17,1864 
ch. 59. 
Quartermas- 
ter-sergeants 
268. That the above recited act [261] bo so amended 
that there shall be allowed to each regiment of engi- 
neer troops two quartermaster-sergeants. 
Feb. 17,1864 
31, ch. 75. 
One com- 
pany of 
troops from 
every twelve 
regiments of 
infantry. 
269. That an act to provide and organize engineer 
troops to serve during the war (approved twentieth 
March, one thousand eight hundred and sixty-three) 
[258] be amended to read as follows : That there shall 
be selected, in such manner as the Secretary of War 
may direct, from each division of infantry in service, 
or from every twelve regiments when not formed into 
divisions, one company of engineer troops, to consist 
of one hundred men, chosen with a view to their 
mechanical skill and physical fitness, and that the 
men assigned to such company shall be required to 
serve in the same only during the balance of their 
term of service respectively. These companies may 
be formed or recruited from conscripts and volunteers. 
Ibid, \ a. 
Of what to 
consist. 
270. That each company shall consist of eight ser- 
geants, seven corporals, forty artificers, and forty-five 
laborers, and that two musicians may be added. 
Ibid, 13. 
Commission- 
ed officers. 
271. That the commissioned officers of each com- 
pany shall consist of' one captain, one first lieutenant,. MILITARY LAWS. 
101 
and two second lieutenants, and that the original * 
vacancies in these companies shall be filled by transfer 
of officers of corresponding grade from the engineer 
corps, if practicable, and where not, then from the 
other corps, or from the lino or staff of the army, 
reference being always had to their qualification as 
engineers, or by selection; but no one shall be selected 
who is not now serving in or with the army, unless he 
is a military or civil engineer. 
Original 
vacancies. 
272. That the companies shall be organized into 
regiments of ten companies each, and that the field 
and staff officers shall consist of one colonel, one lieu- 
tenant-colonel, one major, one adjutant with the rank 
of first lieutenant, one quartermaster-sergeant, and 
one sergeant-major, and that the original vacancies in 
the regiments shall be filled in the manner provided 
for filling the same in the companies by the third 
session [section] of this act. . 
Ibid, \ 4. 
Organiza- 
tion into 
regiments. 
273. That in each regiment two of the companies 
shall be assigned to duty as pontoniers, and each be 
furnished with a bridge train complete. 
Ibid, i 5. 
Pontoniers. 
274. That the officer in charge of the Engineer 
bureau, subject to the approval of the Secretary of 
War, shall prescribe the number, form, and dimen- 
sions of the wagons, pontons, trestles, tools, imple- 
ments, arms, and other necessaries for all the troops 
organized by this act. 
Ibid. \ 6. 
Wagons, 
pontons, 
arms, etc. 
275. That vacancies in the established regiments, to 
and including the rank of captain, shall be filled by 
promotion, regimentally, according to seniority, ex- 
cept in case of disability or other incompetency. The 
field-officers shall be appointed by selection from the 
captains of the regiments or battalions, except in the 
case of original appointment or vacancy caused by 
promotion to original vacancy of higher rank. 
Ibid, l 7. 
Vacancies in 
established 
regiments. 
276. That the monthly pay of the engineer troops 
shall be as follows: Of a colonel, two hundred and ten 
dollars; of a lieutenant-colonel, one hundred and 
eighty-five dollars; of a major, one hundred and sixty- 
two dollars; of a captain, one hundred and forty dol- 
lars ; of a first lieutenant, one hundred dollars; of a 
Ibid, ? 8. 
Pay of offi- 
cers. 102 
DIREST OF 
second lieutenant, ninety dollars; and the adjutant 
shall receive ten dollars per month in addition to his 
pay as a lieutenant. 
Ibid, 2 9. 
Of enlisted 
men. 
277. That the pay of the enlisted men, per month, 
shall bo as follows : The sergeant-major and quarter- 
master-sergeant, each thirty-four dollars; sergeants, 
thirty-four dollars; corporals, twent}* dollars; artifi- 
cers, seventeen dollars; laborers and musicians, thir- 
teen dollars. 
Ibid. 110. 
Mounted 
troops. 
278. The mounted engineer troops may be selected 
from the cavalry, and be organized according to the 
provisions of this act, for engineer troops, as herein- 
before specified. 
Ibid, ? 11. 
Transfer of 
officers. 
279. Officers of the engineer corps and of the engi- 
neer troops of the Provisional Army, of equal rank, 
may, with mutual consent, be transferred: Provided, 
The relative rank of no officer of either corps be prej- 
udiced thereby. 
XXI. Artillery. 
May 10,1861 
ch. 7. 
Light artil- 
lery. 
280. That the President may receive into the ser- 
vice of the Confederate States any company of light 
artillery, which by said act [88] he is authorized to do, 
with such complement of officers and men, and with 
such equipments as to him shall seem proper—anything 
in the said act of the 6th of March, 1861, to the con- 
trary notwithstanding. 
[*$'ee X Reg. Army, 58 et seq.~\ 
April 3,1862 
ch. 17. 
Heavy artil- 
lery 
281. That the act approved May 10th, 1861 [280], 
entitled “ An act to amend an act to provide for the 
public defence,” approved March 6th, 1861, be and the 
same is hereby so amended as to apply also to compa- 
nies received into service for duty as heavy artillery. 
282. The provisions of this act, and of the act of 
May 10th, 1861, shall extend to all companies of light 
and heavy artillery which are now in, or may be here- 
after received into the service, and all acts or parts of 
acts in conflict therewith are hereby repealed. 
Ibid. $ 2. 
All compa- 
nies of light 
and heavy 
artillery. 
283. That the President be and he is hereby author- 
ized to appoint, by and with the advice and consent 
of Congress, in the Provisional Army, and in the vol- 
Jan. 22, 1862 
ch. 47. 
Officers of 
artillery. MILITARY LAWS. 
103 
unteer corps, officers of artillery, above the rank of 
captain, without reference to the number of batteries 
under the actual command of the officer so appointed, 
not to exceed in number, however, one brigadier- 
general for every eighty guns, one colonel for forty 
guns, one lieutenant-colonel for every twenty-four 
guns, and one major for every sixteen guns. 
284. That for the purpose of enlarging the number 
of officers of artillery, and enabling them to discharge 
more effectually the duties of ordnance officers, the 
President is hereby authorized to appoint, with the 
advice and consent of the Senate, officers of artillery, 
of the rank of captain and first lieutenant, in the Pro- 
visional Army, not exceeding eighty in number. 
April 21, 
1862 
ch. 66. 
Officers in- 
creased. 
Ordnance 
duties. 
285. That the President, by and with the advice and 
consent of th.e Senate, may appoint seventy officers of 
artillery in the Provisional Army, for the performance 
of ordnance duties, in addition to those authorized by 
the act [284] entitled “ An act to authorize the appoint- 
ment of officers of artillery in the Provisional Army,” 
approved April twenty-first, eighteen hundred and 
sixty-two; and that from the whole number of artille- 
ry officers appointed to discharge ordnance duties, 
there shall be one with the rank of lieutenant-colonel 
for each command composed of more than one army 
corps, one with the rank of major for each army corps 
composed of more than one division, and the residue 
with the rank of captain and of first and second lieu- 
tenant in such proportion as the President shall pre- 
scribe. 
Sept. 16, 
1862, ch. 2. 
Officers fur- 
ther increas- 
ed for ord- 
nance duties 
XXII. Military Storekeepers. 
[,See 45.] 
286. That the President be authored to appoint as 
many military storekeepers of ordnance in the Pro- 
visional Army of the Confederate States as may be 
deemed necessary, not to exceed in all eight storekeep- 
ers, four with the pay and allowances of a captain of 
infantry, and four with the pay and allowances of a 
first lieutenant of infantry. 
May 1, 1863 
11, ch. 84. 
Appoint 
ment, num- 
ber, and pay, 104 
DIGEST OF 
ibid, 'i 2. 
First-class to 
give bonds. 
287. That 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 thousand 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 pi-ovisions except officers without 
commands, or officers or privates who have performed 
meritorious services in the field, or have become inca- 
pacitated by wounds or sickness for active service. 
Eligibility. 
Feb. 17, 1864 
2 2, ch. 60. 
Number in- 
creased. 
288. There may be appointed six military store- 
keepers, with the pay and allowances of captains of 
infantry [70], who shall give such bond for the faithful 
performance of their duty as may be prescribed by the 
Secretary of War: Provided, That the said storekeep- 
ers shall be appointed from persons who are disquali- 
fied for active service by reason of wounds received in 
the military service, or disease contracted while in the 
arm}7-, or from persons over forty-five years of age. 
289. That the President be and he is hereby author- 
ized to commission such officers as he may deem prop- 
er, with authority to form bands of partisan rangers 
[292] in companies, battalions, or regiments, either as 
infantry or cavalry, the companies, battalions, or regi- 
ments to be composed each of such numbers as the 
President may approve. 
XXIII. Partisan .Rangers. 
April 21, 
1862, j> 1, 
ch. 63. 
Officers to 
form bands 
of partisan 
rangers. 
Ibid, § 2. 
Pay, rations, 
etc., of parti- 
san rangers. 
290. That such partisan rangers, after being regu- 
larly received into service, shall be entitled to the same 
pay, rations, and quarters during their term of service, 
and be subject to the same regulations, as other soldiers. 
Ibid, § 3. 
Arms and 
munitions 
of war 
captured. 
291. That for any arms and munitions of war capt- 
ured from the enemy by any body of partisan rangers, 
and delivered lo any quartermaster at such place or 
places as may be designated by a commanding gener- 
al, the rangers shall be paid their full value in such 
manner as the Secretary of War may prescribe. 
Feb. 17.1864 
§ 1, eh. 54. 
Former act 
repealed. 
Cavalry. 
292. That the act of Congress aforesaid be and the 
same is hereby repealed : Provided, That organizations 
of partisan rangers, acting as regular cavalry at the MILITARY LAWS. 
passage of this act, shall be continued in their present 
organization : Provided, They shall hereafter be con- 
sidered as regular cavalry, and not as partisan rangers. 
293. That all the bands of partisan rangers organ- 
ized under the said act may, as the interests of the ser- 
vice allow, be united with other organizations, or be 
organized into battalions and regiments, with the view 
to bringing them under the general conditions of the 
Provisional Army as to discipline, control, and move- 
ments, under such regulations as the Secretary of War 
may prescribe. 
Ibid, § 2. 
Merged into 
army or- 
ganization. 
294. The Secretary of War shall be authorized, if he 
deems proper, for a time or permanently, to except 
from the operation of this act such companies as are 
serving within the lines of the enemy, and under such 
conditions as he may prescribe. 
Ibid, g s. 
Certain 
companies 
excepted. 
XXIV. Sharp-shooters. 
295. That the Secretary of War may cause to be or- 
ganized a battalion of sharp-shooters for each brigade, 
consisting of not less than three nor more than six com- 
panies, to be composed of men selected from the bri- 
gade or otherwise, and armed with long-range muskets 
or rifles, said companies to be organized, and the com- 
missioned officers therefor appointed by the President, 
by and with the advice and consent of the Senate. 
Such battalion shall constitute parts of the brigades to 
which they belong, and shall have such field and staff 
officers as are authorized by law for similar battalions, 
to be appointed by the President, by and with the ad- 
vice and consent of the Senate. 
April 21, 
1862, § 1, 
cb. 72. 
Battalion for 
each brigade 
How armed 
and organ- 
ized. 
Officers. 
296. That for the purpose of arming the said battal- 
ion, the long-range muskets and rifles in the hands of 
the troops may be taken for that purpose : Provided, 
The government has not at its command a sufficient 
number of approved long-range rifles or muskets 
wherewith to arm said corps. 
Ibid, g 2. 
Arms: 
whence ob- 
tained. 
297. That the President be and he is hereby author- 
ized to organize companies, battalions, or regiments of 
XXV. PlKEMEN. 
April 10. 
1862, \ 1, 
ch. 22. DIGEST OF 
Organiza- 
tion. 
troops, to be armed with pikes, or other available arms 
to be approved by him, when a sufficient number of 
arms of the kind now used in the service can not be 
procured ; such companies, battalions, or regiments to 
be organized in the same manner as like organizations 
of infantry now are under existing laws. 
Ibid, \ 2. 
To serve as 
infantry do. 
298. That the President may cause the troops armed 
and organized as herein provided, to serve as similar 
organizations of infantry now do, or to attach troops 
so armed to other regiments in the service, in numbers 
not exceeding two companies of troops so armed to 
each regiment. And the colonel of the regiment to 
which such companies may be attached shall have 
power to detail men from such companies to take the 
place of men in the companies armed with fire-arms, 
whenever vacancies may occur from death or dis- 
charge, or in cases of absence from sickness, furlough, 
or any other cause—the true intent and meaning of 
this provision being to render every fire-arm in the 
army available at all times, bjT having it always in the 
hands of a well and effective man. 
Vacancies in 
the compa- 
nies armed 
with fire- 
299. Immediately after the passage of this act, it 
shall be the duty of the Secretary of War to furnish a 
copy of the same to every general in the service. 
Ibid, i 3. 
Copy of this 
act to be fur- 
nished to 
every gen- 
eral. 
XXVI. Signal Corps. 
April 19, 
1862. ch. 40. 
Corps organ- 
ized. 
300. That the President be and he is hereby author- 
ized, by and with the advice and consent of the Sen- 
ate, to appoint ten officers in the Provisional Army, of 
a grade not exceeding that of captains, and with the 
pay of corresponding grades of infantry [70], who 
shall perform the duties of signal officers of the Army. 
And the President is hereby authorized to appoint ten 
sergeants of infantry in the Provisional Army, and to 
assign them to duty as signal sergeants. The signal 
corps above authorized may be organized as a separate 
corps, or may be attached to the department of the 
Adjutant and Inspector-General, or to the Engineer 
corps, as the Secretary of War shall direct. 
Sept. 27, 
1862, ch. 14. 
Corps in- 
creased. 
301. That the President, by and with the advice and 
consent of the Senate, may appoint one major, ten first MILITARY LAWS. 
107 
and ten second lieutenants in the signal corps, and that 
tbe Secretary of War may appoint twenty additional 
sergeants in the said corps. 
XXVII. Drill-masters. 
302. Whereas, under the authority of some of the 
states, drill-masters were attached to various regi- 
ments; And whereas such office[r]s are not recog- 
nized by the laws of the Confederate States, and con- 
sequently were not mustered into service; And 
whereas several of such drill-masters have neverthe- 
less continued to do effective service, voluntarily, 
with their respective regiments : Therefore, 
Aug. 31,1861 
Res. 7. 
Preamble. 
Resolved, That such drill-masters be granted an 
honorable discharge whenever they shall apply there- 
for. 
Honorable 
discharge. 
303. That the President be and he is hereby author- 
ized and empowered to appoint drill-masters for camps 
of instruction [176] or reserve forces in any arm of 
the military service, with such pay as the Secretary 
of War may prescribe. 
April 19, 
1862, ch. 46. 
For camps of 
instruction 
and reserve 
forces. 
XXVIII. Buglers and Musicians. 
304. That the President be and he is hereby author- 
ized to appoint a chief bugler or principal musician, 
according to corps, to each regiment in the Provi- 
sional Army 
Dec. 10,1861 
ch. 7. Ap- 
pointment of 
305. That whenever colored persons are employed 
as musicians in any regiment or company, they shall 
be entitled to, the same pay now allowed by law to 
musicians regularly enlisted [75] : Provided, That no 
such person shall be so employed except b}7 the con- 
sent of the commanding officer of the brigade to 
which said regiments or companies may belong. 
April 15, 
1862, ch. 29. 
Pay of 
colored 
musicians. 
XXIX. Disqualified, Disabled, and Incompetent 
Officers. 
306. That whenever, in the judgment of the general 
JO O 
commanding a department, the good of the service 
and the efficiency of his command require it, lie is 
authorized, and it is hereby made his duty, to appoint 
Oct. 13,1862 
g it ch. 57. 
Examining 108 
DIGEST OF 
an examining board, to be composed of officers of a 
rank at least as high as that of the officers whose 
qualifications it is proposed to inquire into, which 
board shall immediately proceed to examine into the 
cases of such officers as may be brought to their at- 
tention for the purpose of determining their qualifica- 
tions for the discharge of the duties properly apper- 
taining to their several positions. 
Duties. ( 
Ibid, l 2. 
Decision of 
the board 
and report of 
its proceed- 
ings. 
307. That whenever such examining board shall 
determine that any officer is clearly unfit to perform 
his legitimate and proper duties, or careless and inat- 
tentive in their discharge, then the said board shall 
communicate their decision, together with the full 
report of their proceedings in the case, to the general 
commanding the department in which the examina- 
tion shall have been held, who shall, if he approve the 
finding of the board, be authorized to suspend the 
officer who has been pronounced unfit for his position, 
and shall immediately transmit to Secretary of 
War the decision and proceedings of the examining 
board, with its own action and opinion endorsed there- 
on : Provided, That such officer shall be entitled to be 
heard and to call witnesses in his defence. 
Ibid. \ 3. 
Secretary of 
War’s ap- 
proval. 
308. That the Secretary of War, if he approve the 
finding of the board and the action of the general 
commanding the department, shall lay the same be- 
fore the President, who is authorized to retire honor- 
ably, without pay or allowances, or to drop from the 
army, as the circumstances of the case may warrant 
and the good of the service require, the officer who 
has been found unfit for his position. 
President’s 
authority. 
Ibid, \ 4. 
Monthly re- 
ports of the 
conduct of 
commission- 
ed officers. 
309. That in order to secure reliable information of 
the efficiency and competence of officers, it is hereby 
made the duty of each officer commanding a regiment, 
separate battalion, company, battery, or squadron, to 
make to his immediate commanding officer, who shall 
transmit the same to the brigadier-general command- 
ing, a monthly report in tabular form, a copy whereof 
shall be retained by the reporting officer, subject to 
the inspection of all officers interested therein, con- 
taining a list of all commissioned officers of such regi- MILITARY LAWS. 
109 
ment, separate battalion, company, battery, or squad- 
ron, in which shall be stated the number of days each 
officer has been absent from his command, with or 
without, or on sick leave; the number of times each 
officer has been observed to have been absent from 
his command when on march or in action ; when and 
where each officer has been observed to have perform- 
ed signal acts of service; when and where negligent 
in the performance of duty and inattentive to the 
security and economy of public property—printed 
blank forms of which said reports shall be furnished 
by the Secretary of War for the use of the officers 
whose duty it is made to make such reports. 
310. That whenever any officer of a company, bat- 
talion, squadron, or i*egiment shall have been dropped 
or honorably retired, in accordance with the provi- 
sions of this act, then the officer next in rank shall be 
promoted to the vacancy, if competent—such compe- 
tency to be ascertained as provided in the first and 
second sections of this act—and if not competent, then 
the next officer in rank shall be promoted, and so on 
until all the commissioned officers of the company, 
battalion, squadron, or regiment shall have have been 
gone through with; and if there be no officer of the 
company, battalion, squadron, or regiment competent 
to fill the vacancy, then the President shall, by and 
with the advice and consent of the Senate, fill the 
same by appointment: Provided, That the officer ap- 
pointed shall be from the same state as that to which 
the company, battalion, squadron, or regiment be- 
longs : And provided, further, That nothing herein 
contained shall be construed as limiting the power 
heretofore conferred upon the President by existing 
laws to fill any vacancy by the promotion of officers 
or the appointment of privates “distinguished in the 
service by the exhibition of extraordinary valor and 
skill” [105, 157,158, 382] : And provided, further, That 
vacancies arising under the operation of this act, in 
regiments or battalions which were organized under 
the laws of a state for the war, or for a period not yet 
expired, shall be filled as in case of death or resignation. 
Ibid,} 5. 
Vacancies ; 
how filled 
where 
officers are 
dropped or 
honorably 
retired. digest OK 
XXX. Invalid Corps. 
Feb. 17.1864 
11, ch. 66. 
Retirement 
or discharge 
of persons 
disabled by 
service. 
311. That all officers, non-commissioned officers, 
musicians, privates, and seamen who have or shall 
become disabled by wounds or other injuries received, 
or disease contracted in the service of the Confederate 
States and in the line of duty, shall be retired or dis- 
charged from their respective positions, as hereinafter 
provided. But the rank, pay, and emoluments of 
such officers, and the pay and emoluments of such 
non-commissioned officers, musicians, privates, and 
seamen shall continue to the end of the war, or as 
long as they shall continue so retired or discharged. 
Ibid, \ 2. 
Examina- 
tion before 
medical 
board. 
312. That all persons claiming the benefits of this 
act shall present themselves for examination to one of 
the medical examining boards now established bylaw. 
Upon the certificate of such board that such perma- 
nent disability exists, such persons shall be retired or 
discharged as aforesaid. 
Ibid, $ 3. 
Periodical 
examination 
313. That all persons retired or discharged as afore- 
said shall periodically, and at least once in six months, 
present themselves to one of said boards for further 
examination, under regulations to be prescribed by 
the Secretary of War—the result of which examina- 
tion shall be reported by such board to the said secre- 
tary. And if any such person shall fail so to report 
himself to such board whenever he shall be required 
so to do, he shall be dropped from said retired or dis- 
charged list, and become liable, to conscription under 
the terms of the law, unless such failure shall be 
caused by physical disability. 
Ibid, \ 4. 
Assignment 
to suitable 
duty. 
314. That the Secretary of War may assign such 
officers, and order the detail of such non-commissioned 
officers, musicians, privates, and seamen for such duty 
as they shall be qualified to perform. If any such 
non-cotnmissioned officers, musicians, privates, and 
seamen shall be relieved from disability, they shall be 
restored to duty in their respective commands. 
Ibid, \ 5. 
Rules. 
315. That the Secretary of War shall make all need- 
ful rules and regulations for the action of the medical 
hoards as aforesaid. MILITARY LAWS. 
316. That vacancies caused by the retirement of 
officers under this act, shall be filled as in case of the 
death or resignation of such officers. 
Ibid, \ 6. 
Vacancies. 
317. This act shall be in force from its passage. 
Ibid, i 7. 
Act to be in 
force. 
XXXI. Retirement of Officers. 
318. That the President be and he is hereby author- 
ized. upon the recommendation of any general com- 
manding a department or any army, to discharge 
from service any officer of the Confederate States 
Army, or of the Provisional Army of the Confederate 
States, who has no command, and can not be assigned 
to any appropriate duty, or who is incompetent or 
inefficient,* or who may be absent from his command 
or duty without leave : Provided, That any officer who 
may be discharged for incompetency, inefficiency, or 
absence from his command or duty without leave, 
shall be entitled to a trial before an examining board, 
under existing law's, if he demands it of the command- 
ing general within thirty days : Provided, further, That 
it shall not extend to any officer who is absent on ac- 
count of his captivity. 
Feb. 17,1864 
ch. 74. 
When in- 
competent 
or without 
command. 
319. That any commissioned officer of the Regular 
or Provisional Army who shall be found drunk, either 
while on or off duty, shall, on conviction thereof before 
a court of inquiry [322], be cashiered or suspended 
from the service of the Confederate States, or be pub- 
licly reprimanded, according to the aggravation of the 
offence; and in addition to a sentence cashiering any 
such officer, he may also be declared incapable of hold- 
ing any military office under the Confederate States 
during the war. 
XXXII. Drunkenness. 
April 21. 
1862, \ 1, 
ch. 62. 
Penalty for, 
320. That it shall be the duty of all officers to report 
to the commanding officer of the post, regiment, or 
corps to which they belong, all cases coming under 
their observation of intoxication of commissioned offi- 
cers, whether of superior or inferior grades to them- 
selves ; and it shall be the duty of the commanding 
Ibid, $ 2. 
Report of 
cases. 
Trial. 
* See also 306 tt. it.q. 112 
DIGEST OF 
officer of the division or brigade to which said post, 
regiment, or corps belongs, to whom such report may 
be made, to report the same to the officer commanding 
the brigade or division, who shall organize said court 
and order the trial of said offender at the earliest time 
consistent with the public service. 
Ibid, g 3. 
Findings of 
courts. 
321. The findings of any such court shall be prompt- 
ly transmitted to the Secretary of War, by the com- 
manding officer, together with his approval or disap- 
proval thereof, and shall be reported to Congress at 
the next session thereafter, by the said secretary. 
Feb. 17,1864 
$ 1, ch. 77. 
jurisdiction 
conferred on 
military 
courts and 
general 
courts-mar- 
tial. 
322. That the jurisdiction conferred upon courts of 
inquiry [319], in the act above recited, is hereby re- 
pealed, and the said jurisdiction is hereby conferred, 
for the punishment of the offonce therein named, upon 
the military courts and general courts-martial con- 
vened in the Army of the Confederate States; and the 
proceedings therein shall be subject to review, as in 
other cases. 
Ibid, g 2. 
Any citizen 
may report 
violations of 
the act. 
323. That any citizen of the Confederate States is 
hereby authorized to make report of any violation of 
the provision of the act to which this is an amend- 
ment, in the same manner as officers of the army are 
now required to do. 
Ibid, g 8. 
Intemperate 
habits. 
324. Upon any trial for drunkenness it shall be law- 
ful to prove, without special charge, that the accused 
is of intemperate habits j and if the court shall find 
that he is of such habits, he shall be cashiered or other- 
wise punished at the discretion of the court. 
Penalty. 
XXXIII. Absence without Leave.* 
April 16, 
1862, i 1, 
cb. 25. 
Soldiers ab- 
sent without 
leave not to 
receive pay. 
325. That no officer or soldier of the army shall re- 
ceive pay for any period during which he may be ab- 
sent without leave, or beyond the leave granted from 
competent authority, according to the regulations of 
the army: Provided, That this restriction shall not af- 
fect the sick and wounded in hospitals. 
326. In order to enforce the requirements of the 
foregoing section, it is hereby made the duty of com- 
Ibid, | 2. 
Length of 
absence to 
be stated on 
* See also 318. MILITARY laws. 
113 
manding officers of companies to state upon the mus- 
ter and pay rolls of their companies the length of time 
any officer or soldier has been absent therefrom, with- 
out leave of competent authority, since the previous 
payment, when the deduction of pay for such absence 
will be made by the quartermaster from the amount 
otherwise due the officer or soldier; and any com- 
mander of a, company who shall fail to note such ab- 
sence on the muster and pay rolls of the company shall 
be required to refund to the government the amount 
forfeited by such absent officer or soldier, unless it shall 
already have been received from the officer or soldier 
so absent. 
pay and 
muster rolls, 
and pay for 
sucli time to 
be deducted. 
327. Officers shall certify upon honor on their pay 
accounts, whether they have or have not been absent, 
without leave by competent authority, 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 offi- 
cers of companies shall certify on honor on their pay 
accounts that they have stated fully and correctly 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. 
Ibid. \ 3. 
Officers to 
certify on 
honor as 'to 
absence. 
Certificate of 
command- 
ing officers 
of companies 
328. That this act shall not be construed to relieve 
any officer or private from any other penalty to which 
he may be liable by existing laws or regulations. 
Ibid, \ 4. 
As to other 
penalties. 
XXXIV. Punishment by Whipping Prohibited. 
320. That, from and after the passage of this act, it 
shall not be lawful for any court-martial or military 
court to cause any soldier in the service of the Con- 
federate States to be punished by whipping, or the in- 
fliction of stripes upon his person; and that all laws 
and customs contravening the provisions of this act 
be and the same are hereby repealed. 
April 13, 
1863, l 1, 
ch. 19. 
Soldiers not 
to be pun- 
ished by 
whipping. 
330. That article twenty of the of War-* 
be ho amended as to read as follows : “ All officers and 
Ibid, ? 2. 
Article of 
War - twen- 
ty ” amend- 
ed. 
* Sec* Appendix. 114 
DIGEST OF 
soldiers who have received pay, or have been duly en- 
listed in the service of the Confederate States, and shall 
be convicted of having deserted the same, shall suffer 
death or confinement in penitentiary, with or without 
hard labor, for a period not less than one year, or more 
than five, or such other punishment, not inconsistent 
with the provisions of this act, as the court-martial or 
military court may determine.” 
XXX.V. Detailed Soldiers* and Transfer of 
Troops. 
April 27, 
1803, ch. 43. 
Pay as clerks 
increased to 
one dollar 
per day. 
331. That the extra pay now allowed soldiers de- 
tailed to perform the duties of clerks in any of the pub- 
lic offices in the City of Richmond, by reason of their 
physical disability to serve in the field, shall be in- 
creased from twenty-five cents per day to one dollar 
per day [332 et seq.~\ from and after the passage of this 
act. 
May 1,1863 
js 1, ch. 72. 
Pay increas- 
ed to three 
dollars per 
day, in lieu 
of rations 
and allow- 
ance. 
332. That non-commissioned officers, musicians, or 
privates, when employed on detached or detailed ser- 
vice a departmental or other commander of a dis- 
trict, ,or under the direction of any of the military 
bureaus, instead of the compensation now allowed, 
may be allowed the sum of not more than three 
dollars [335] per day, in lieu of rations and all other 
allowances, upon the recommendation of the officer 
immediately in charge of such men, with the approval 
of the commander or chief of bureau, as the case may 
be, and the sanction of the Secretary of War. 
Ibid, # 2. 
Duration of 
the act. 
333. This act shall remain in force for one year 
[334] from the first day of January, eighteen hundred 
and sixty-three. 
Jan. 6,1864 
oh. 6. 
Extended. 
334. That the act entitled “ An act to provide for the 
compensation of certain persons therein named/’ ap- 
proved May the first, eighteen hundred and sixty- 
three, which, by its own limitation, would expire on 
the first day of January, eighteen hundred and sixty- 
four, be and the same is hereby continued in force un- 
* For details for manufacture of shoes, 231, and for pay, see 232. 
For details of clerks to quartermasters and commissaries, 172, 203, 204. 
For transfer of troops to organizations from their own states, see 167. MILITARY LAWS. 
115 
til the first of January, eighteen hundred and sixty- 
five. 
335. That the “ Act to increase the compensation of 
certain civil officers and employees in the President’s 
office, and in the Executive and Legislative depart- 
ments at Richmond, for a limited period,” approved 
January thirtieth, eighteen hundred and sixty-four, be 
and the same is hereby construed so as to embrace 
soldiers detailed, for clerical duty in Richmond. 
Feb. 17,1861 
Res. 43. 
Increase of 
p*y- 
336. That it shall be the duty of the Secretary of 
War to transfer any private or non-commissioned offi- 
cer who may be in a regiment from a state of this Con- 
federacy other than his own, to a regiment from his 
own state, whenever such private or non-commission- 
ed officer may apply for such transfer, and whenever 
such transfer can bo made without injury to the pub- 
lic service ; and the Secretary of War shall make regu- 
lations to facilitate such transfer: Provided, That this 
act shall not apply to any one who has enlisted as a 
substitute. 
• Sept, 23, 
1862, ch. 5. 
, Transfer of 
troops to 
. regiments 
from their 
, own states. 
337. That whenever the Secretary of War shall grant 
transfers agreeable to the above act [336] to any sojdier 
now in the service, he shall furnish transportation also. 
Oct. 2,1862 
ch. 22. 
Transporta- 
tion. 
XXXVI. Pay and Allowances due Deceased 
So-LDIKRS. 
338. That the pay and allowances due to any deceas- 
ed volunteer, non-commissioned officer, musician, or 
private in the Army of the Confederate States, shall 
be paid to the widow of the deceased, if living; if not, 
to the children, if any; and in default of widow or 
children, to the father, if living, and if not, to the 
mother of such deceased volunteer. 
Feb’. 15, 1862 
g 1, ch. 81. 
To whom 
payment 
shall be 
made. 
339. The pay and allowance due as aforesaid shall 
he paid by the paymaster or proper officer charged 
with the payment of the troops, to the person or per- 
sons entitled to the same, or to his or her authorized 
agent, attorney, or guardian, upon the .pay-roll [340] 
made out an decertified by the captain or commanding 
officer of the company to which the deceased was at- 
tached, which pay-roll the captain or commanding offi- 
Ibirl, l 2. 
Mode of 
payment. mo est OF 
cer as aforesaid shall make out and deliver to the per- 
son or persons entitled to such pay and allowance, or 
to his, her, or their authorized agent, attorney, or guar- 
dian, and shall state in such pay-roll the name of the 
deceased volunteer, the company and regiment to 
which he was attached, and the date of his enlistment 
and death ; and the paymaster or officer to whom said 
pay-roll shall be directed shall pay the same accord- 
ing to the tenor thereof, and shall file such pay-roll 
with the pay-rolls of the army. 
Oct. 3, 1862 
11. ch. 25. 
When pay- 
ment may 
be made 
without 
producing 
pay-roll. 
340. That claims due to deceased non-commissioned 
officers and privates for pay, allowances, and bounty, 
may be audited and paid without the necessity of the 
parties entitled producing a pay-roll from the captain 
or commanding officer, when there is other official evi- 
dence of the amount due satisfactory to the Second 
Auditor, under such regulations as he has or may pre- 
scribe, with the approval of the Secretary of War. 
Ibid, {2. 
Claims of 
deceased 
commission- 
ed officers. 
341. The claims of deceased commissioned officers 
shall be paid to their heirs or representatives in the 
same manner as similar claims of non-commissioned 
officers and privates are now or may be directed by 
law to be paid; and to assist the Second Auditor in 
more effectually carrying out the provisions of this act, 
and other pressing business of his office, the Secretary 
of the Treasury is authorized to appoint an experi- 
enced accountant who, with the chief clerk, shall have 
authority to sign and attest such official business as 
said auditor shall approve and direct. 
Ibid, jj 3. 
Clerks to 
assist in 
settling 
claims. 
342. The Secretary of the Treasury is hereby au- 
thorized to employ in the office of the Second Auditor 
as many additional temporary clerks as he may think 
necessary, to assist said auditor in the settlement of 
the claims of deceased officers and soldiers—the com- 
pensation of said clerks to be four dollars per day, and 
without any addition whatever, for every day they 
shall be so actually engaged, except one, whose annual 
compensation shall be fifteen hundred dollars, the 
others to be paid weekly at the Treasury, upon a cer- 
tificate of service of said auditor. 
343. This act shall take effect from its passage, and 
Ibid, l 4. 
Clerks to be MILITARY LAWS. 
the third section shall continue in force for twelve 
months and no longer [344]: * 
employed 
for twelve 
mouths. 
344. That the third section of an act entitled “ An 
act supplementary to an act concerning the pay and 
allowance due to deceased soldiers,” approved Febru- 
ary fifteenth, eighteen hundred and sixty-two [342], 
and to provide for the prompt settlement of claims for 
arrearages of pay, allowance, and bounty due deceas- 
ed officers and soldiers, be continued of force until 
otherwise provided by Congress. 
May 1,1863 
ch. 76. 
Employ 
ment con- 
tinued until 
otherwise 
provided by 
Congress. 
345. That, upon the application of the governor of 
any of the Confederate States, the Secretary of War 
be and he is hereby authorized to grant passports and 
transportation to an officer of such state, duly commis- 
sioned according to the law of said state, to commu- 
nicate with its troops for such purposes, and at such 
times and places as shall be approved by the Secretary 
of War; and such officer shall be allowed to purchase 
for himself supplies from the commissary stores on 
the same terms with officers of similar rank in the ser- 
vice of the Confederate States, and according to the 
regulations which govern them: Provided, Such sup- 
plies shall not exceed those which a colonel of the Con- 
federate States is allowed to purchase : Provided, That 
these agents shall be charged with the duty of obtain- 
ing from the officers in command of companies final 
statements of deceased soldiers, to be filed in the Sec- 
ond Auditor’s office to facilitate the settlement of such 
claims. 
Feb.16,f864 
ch. 39. 
State agent*. 
XXXVJLi. Military Courts. 
346. That courts shall be organized,*to be known as 
military courts, one to attend each army corps in the 
field, under the direction of the President. Each court 
shall consist of three members, two of whom shall con- 
stitute a quorum, and each member shall be entitled 
to the rank and pay of a colonel of cavalry, shall be 
appointed by the President, by and with the advice 
and consent of the Senate, and shall hold his office dur- 
ing the war, unless the court shall be sooner abolish- 
ed by Congress. For each court there shall be one 
Oct. 9, 1862 
2 1, ch. 36. 
One to each 
army corps. 
To consist of 
three mem- 
bers. 
Judge Ad- 
vocate. DIGEST OF 
J udge Advocate, to b'e appointed by the President, by 
and with the advice and consent of the. Senate, with 
the rank and pay of a captain of cavalry, whose duties 
shall be as prescribed by the Rules and Articles of War, 
except as enlarged or modified by the purposes and 
provisions of this act, and who shall also hold his office 
during the war, unless the court shall be sooner abol- 
ished by the Congress; arid in case of the absence or 
disability of the Judge Advocate, upon the application 
of the court, the commander of the army corps to 
which such court is attached may appoint or detail an 
officer to perform the duties of J udge Advocate during 
such absence or disability, or until the vacancy, if any, 
shall be filled by the President. 
Ibid, l 2. 
Provost 
marshal and 
clerk. 
347. Each court shall have the right to appoint a 
provost marshal to attend its sittings and execute the 
orders of the court, with the rank and pay of a captain 
of cavalry; and also a clerk, who shall have a salary 
of one hundred and twenty-five dollars per month, who 
shall keep the record of the proceedings of the court, 
and shall reduce to writing the substance of the evi- 
dence in each case, and file the same in court. The pro- 
vost marshal and clerk shall hold their offices during 
the pleasure of the court. Each member and officer of 
the court shall take an oath well and truly to discharge 
the duties of his office to the best of his skill and abili- 
ty, without fear, favor, or reward, and to support the 
Constitution of the Confederate States. Each member 
of the court, the Judge Advocate, and the clerk, shall 
have the power to administer oaths. 
Oath of 
members 
and officers 
of the court. 
348. Each court shall have power to adopt rules for 
conducting business and for the trial of causes, and to 
enforce the rules adopted, and to punish for contempt, 
and to regulate the taking of evidence, and to secure 
the of witnesses, and to enforce and exe- 
cute its orders, sentences, and judgments, as in cases 
of courts-martial. 
Ibid, l 3. 
Kules of 
court. 
Ibid, i 4. 
Jurisdiction 
of eacli court 
349. The jurisdiction of each court shall extend to 
all offences now cognizable by courts-martial under the 
Rules and Articles of War and the customs of war, 
and also to all offences defined as crimes by the laws MILITARY LAWS. 
of the Confederate States or of the several states, and, 
when beyond the territory of the Confederate States, 
to all eases of murder, manslaughter, arson, rape, rob- 
bery, and larceny, as defined by the common law, when 
committed by any private or officer in the Army of the 
Confederate States, against any other private or officer 
in the army, or against the property or person of any 
citizen or other person not in the army : Provided, Said 
courts shall not have jurisdiction of offenders above 
the grade of [357] colonel. For offences cognizable by 
courts-martial the court shall, on conviction, inflict 
the penalty prescribed by the Rules and Articles of 
War, and in the manner and mode therein mentioned ; 
and for offences not punishable by the Rules and Arti- 
cles of War, but punishable by the laws of the Con- 
federate States, said court shall inflict the penalties 
prescribed by the laws of the Confederate States; and 
fpr offences against which penalties are not prescribed 
by the Eules and Articles of War, nor by the laws of 
the Confederate States, but for which penalties are 
jorescribed by the laws of a state, said court shall in- 
flict the punishment prescribed by the laws of the state 
in which the offence was committed : Provided, That 
in cases in which, by the laws of the Confederate 
States or of the state, the punishment is by fine or by 
imprisonment, or by both, the court may, in its discre- 
tion, inflict any other punishment less than death; /md 
for the offences defined as murder, manslaughter, ar- 
son, rape, robbery, and larceny, by the common law, 
when committed beyond the territorial limits of the 
Confederate States, the punishment shall be in the dis- 
cretion of the court. That when an officer under the 
grade of brigadier-general, or private, shall be put un- 
der arrest for any offence cognizable by the court here- 
in provided for, notice of his arrest, and of the offence 
with which he shall be charged, shall be given to the 
Judge Advocate by the office]-ordering said arrest, and 
he shall be entitled to as speedy atrial as the business 
before said court will allow. 
350. Said courts shall attend the army, shall have 
appropriate quarters within the lines of the army, 
courts5shaii 
““e“dthe 120 
shall be always open for the transaction of business, 
and the final decisions and sentences of said courts on 
convictions shall be subject to review, mitigation, and 
suspension, as now provided by the Rules and Articles 
of War in cases of courts-martial. 
DIGEST or 
Decisions 
and sen- 
tences. 
Ibid. ? 6. 
Appoint- 
ments dur- 
ing recess of 
Senate. 
351. That during the recess of the Senate the Pres- 
ident may appoint-the members of the courts and the 
Judges Advocate provided for in the previous sect ions, 
subject to the confirmation of the Senate at its session 
next ensuing said appointments. 
May 1,1863 
1, ch. 77. 
Additional 
military 
court in each 
department. 
352. That in addition to one military court to at- 
tend each army corps in the field, as now 
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 power of said courts,” ap- 
proved October ninth, eighteen hundred and sixty- 
two [346 et seq.], one military court shall be organized 
in each of such military departments as, in the judg- 
ment of the President, the public exigencies may re- 
quire—to be organized in the manner and with powers 
prescribed in the act of which this is amendatory. 
Feb. 13,1864 
ch. 33. 
One in North 
Alabama. 
353. That the act entitled “An act to organize mili- 
tary courts to attend tl?e Army of the Confederate 
• States in the field, and to define the powers of said 
courts” [346 etseq.~\, be so amended as to authorize the 
President to establish one in North Alabama, which 
shall sit at such times and places as said court may 
direct, and shall have all the powers and jurisdiction 
given to said military courts by said act; but the 
judges thereof shall give ten days’ notice of the times 
and places of holding said courts before the same are 
held : Provided, however, That said court shall" cease to 
exist after one 3'ear from the passage of this act, un- 
less longer continued by Congress. 
Feb. 1(3,1864 
ch. 44. 
Additional 
courts for 
divisions of 
cavalry,* and 
for each 
state. 
354. That in addition to the military courts now 
authorized by law, the President be and he is hereby 
authorized to appoint a military court to attend any 
division of cavalry in the field, and also one for each 
state within a military department, whenever, in his 
judgment, such courts would promote the public inter- 
est—which courts shall be organized, and have the HILARY I.AWS. 
121 
same powers and duties, fid the members thereof ap- 
pointed, as provided by lAr- 
355. That when two ojmore army corps are united 
i>n the same army, charts shall be referred to said 
courts, and their proceetngs be subject to review by 
the army commander, a/in the case of general courts- 
martial; and that thf jurisdiction of eaph of said 
courts shall extend to ny person connected with the 
army of which the eorp to which the court is attached 
may be a part, without being limited to members of 
the particular corpse which said court may bo at- 
tached. 
Feb. 17. 1864 
\ 1, ch. 49. 
When two 
or more 
army corps 
are united. 
Jurisdiction . 
356. That when ne corps to which any military 
court may be attacbd shall, from any cause, cease to 
exist as such, the {Secretary of War shall assign the 
members and offices of such court to any other un- 
supplied corps, or other subdivision of any of the 
armies of the Corfederate States, whore a military 
court may be neecbd; and exchanges and transfers of 
individual member and officers from any one .court to 
another may be nade by the Secretary of War, on 
application of tin parties concerned-—the consent of 
the commander a* commanders of the army or armies 
to which the particular courts may belong having 
been first obtained to such exchange or transfer. 
Ibid, i 2. 
Assignment 
and transfer 
of mmnbers 
and officers. 
357. That the fourth section [349] of the act of 
which this is amendatory, be and the same is hereby 
so amended as to extend the jurisdiction of the mili- 
tary courts to ill offenders below.the grade of lieuten- 
ant-general. 
Ibid. \ 3. 
Jurisdiction 
extended. 
358. That the President be and he is hereby author- 
ized, at any time, to assign judges from one military 
court to another, as, in his judgment, the service may 
require. 
Feb. 3,1864 
? 1, ch. 21. 
Transfer of 
judges. 
359. That this act take effect and be in force from 
and after its passage. 
Ibid. ? 2. Act 
•when to take 
effect. 
360. That commanders of corps and departments be 
and they are hereby authorized to detail field-officers 
as members of military courts, whenever any of the 
judges of said courts shall be disqualified, by consan- 
F«b. 6,1864 
ch. 26. 
Field-officers 
may be de- 
tailed as 
members, 
etc. DIGEST <; 
guinity or affinity, or unale, from sickness or other 
unavoidable cause, to atteif said courts. 
Peb. 17,1864 
?1. ch. 09. 
Summons of 
witnesses. 
361. That any military curt or court-martial con- 
vened within the Army of th Confederate States shall 
have power to summon asa witness before it any 
citizen of the, state in wliici said court may at the 
time hold its session; and an> citizen disobeying such 
summons—upon information given thereof ' by the 
J edge Advocate of such militry court or court-mar- 
tial, to the judge of the . distict, court of the Con- 
federate States for the districts which said citizen 
may reside—shall bo subject to ho same penalties as 
for disobedience of an order of s.id district judge; or, 
on application of the Judge A»vocate, such citizen 
witness may by military force be irrested and brought 
before said military court or courtmartial, by order of 
the commander of the army, and ray be held in close 
confinenjen j until he or she shall emsent to testify. 
Penalty for 
disobeying 
summons. 
Arrest 
Ibid, g 2. 
Pay for at- 
tendance on 
court. 
362. Thao any citizen witness apjearing upon being 
summoned, as provided in this act,shall be paid such 
reasonable amount for his or her ittendance as 
commander of the army shall deem reasonable—which 
payment shall be made by any paymaster, upon the 
certificate of said commander, specifying the amount. 
XXXVIII. Indian Tr6ops. 
Dec. 31, 1S61 
£ 1, ch. 31. 
Payment for 
services. 
363. That the proper quartermaster in the military 
department of Indian Territory be authorized to pay 
the officers and men of the company of Creek mount- 
ed volunteers, raised in the month of August, eighteen 
hundred and sixty-one, by authority of the Commis- 
sioner of the Confederate States, for local purposes, at 
the .North Fork village, in the Creek country; and of 
the Cherokee regiments of Colonels Stand Watie and 
John Drew, and of the Choctaw and Chickasaw regi- 
ment of Colonel Douglas II. Cooper, and of the Creek 
regiment of Colonel Daniel N. McIntosh, and of the 
companies of Seminoles raised by the chief, by author- 
ity of the same commissioner, and of the other troops, 
called into the service by Colonel Douglas II. Cooper, 
to aid in suppressing the insurrection of a part of the MILITARY LAWS. 
123 
Creeks, and of any called into service by the Creek 
Agent for the same purpose, by direction of the com- 
missioner, for the times during which all of said troops 
were in the service, after being organized and before 
being mustered into the service, in the same manner 
as if they had been mustered in at the respective 
times when they were organized and received b}r the 
commissioner or either of said officers—which pay- 
ments shall be made upon special pay-rolls for that 
purpose: Provided, That the allowance in lieu of 
clothing shall be paid only to such of said officers and 
men as shall have since been or may be mustered into 
the service, and that none- shall be paid who have de- 
serted or disbanded without permission, or have taken 
sides with the insurrectionists among the Creeks. 
Allowance 
in lieu of 
clothing; to 
whom paid. 
304. That the accounts of the acting commissaries 
and quartermasters of all said troops shall be settled 
and paid in the same manner as if the troops with or 
for which they acted had been regularly mustered into 
the service at the time when they were organized and 
received; and that the debts incurred or moneys ad- 
vanced by them be paid by the brigade quartermaster 
of the brigade commanded by Brigadier-General Al- 
bert Pike: Provided,further, That said accounts shall 
be also approved by the said brigadier-general, and 
that the prices paid b}7 them be found by him not to 
have been excessive or exorbitant, and the debts to 
have been contracted in good faith, and the moneys 
actually advanced. 
Ibid, l 2. 
Accounts of 
acting com- 
missaries 
and quarter- 
masters of 
said troops; 
how to be 
settled. 
305. That the Quartermaster-General audit and pay 
the accounts of the acting quartermaster and other 
officers of the Indian troops for camp utensils, horse 
equipments, clothing, ordnance, and ordnance stores 
furnished by Jones and Thebo, and B. M. Jones, for 
the use of said troops, upon the bills of particulars 
herewith filed, amounting to eleven thousand two 
hundred and sixteen dollars and seventy-five cents; 
Provided, That said accounts have been examined and 
approved by Brigadier-General Albert Pike. 
May 1,180.'; 
Res. 6. 
Articles fur- 
nished by 
Jones and 
Thebo, and 
R. M. Jones." 124 
DIGEST OF 
XXXIX. Virginia MiniTiA. 
April ID, 
1862, 11, 
oh. 53.' 
Compensa- 
tion allowed 
officers for 
period of ac- 
tual service. 
366. That all officers and non-commissioned officers 
of the Virginia militia, who have been called into the 
service of the Confederate States by the order of any 
commanding officer of the Confederate States Army, 
authorized to make such call, or by the proclamation 
of the Governor of Virginia, in obedience to requisitions 
duly made upon him by the President, shall be allow- 
ed, under the direction of the Quartermaster-General, 
compensation for the period of their actual service, 
according to the rate of pay and allowances to which 
officers and non-commissioned officers of correspond- 
ing* grades in the Confederate States Army are by 
law entitled. 
Ibid. g a 
Certificates 
of service 
required. 
307. Before any officer of militia shall be entitled to 
receive pay under the provisions of the preceding 
section, he shall present to the proper officer to whom 
he may apply for payment, a certificate signed by the 
commandant of the brigade, regiment, or battalion of 
militia to which he may have been attached, and ap- 
proved by the commanding general of the army, corps, 
or department with which such brigade, regiment, or 
battalion was serving, which certificate shall state the 
precise period during which such officer was actually 
in service* and performed duty according to his rank, 
not including in such period whatever time such officer 
was absent from duty with his command, unless absent 
on furlough, or detached or detailed for service by 
order of the commanding officer. Non-commissioned 
officers shall be required to present like certificates, 
signed by the commanding officer of the regiment or 
battalion to which they belong, before being entitled 
to receive their pay. 
Ibid, l 3. 
Pay of staff 
officers. 
368. All staff officers of the Virginia militia, duly 
appointed and qualified, according to the laws of Vir- 
ginia, shall be entitled to receive the same pay and 
allowances as are provided by law for officers of cor- 
responding grades in the Confederate States Army, 
upon a like certificate that they have actually been in 
service and performed the duties prescribed 'for their MILITARY LAWS. 
125 
respective grades by the laws of Virginia and the 
laws and army regulations of the Confederate States. 
369. No payments under this act shall be allowed 
for any period subsequent to the thirtieth day of 
March, eighteen hundred and sixty-two, nor shall any 
junior major of a regiment to which two majors may 
be attached, nor any paymaster or surgeon’s mate, be 
deemed to be entitled to pay or allowances undci1 the 
provisions of this act. 
Ibid, i 4. 
No pay- 
ments to be 
made in cer- 
tain cases. 
XL. Miscellaneous. 
370. That the President be and he is hereby author- 
ized, by and with the advice and consent of the Sen- 
ate, jto appoint twenty general officers in the Provi- 
sional Army, and to assigh them to such appropriate 
duties as he may deem expedient.* 
Oct. 13, 1862 
ch. 64. 
Twenty gen- 
eral officers. 
371. That the President may appoint one general 
in the Provisional Army of the Confederate States 
when, in his discretion, it shall be deemed necessary 
and proper, for the command of the trans-Mississippi 
department, by and with the advice and consent of 
the Senate [563, 564]. 
Fob. 17, 1864 
i 1, ch. 50. 
General for 
trans-Missis- 
sippi depart- 
ment. 
372. That the President may, by and with the ad- 
vice and consent of the Senate, appoint lieutenant- 
generals in the Provisional Army of the Confederate 
States when, in his discretion, it shall be deemed 
necessary for the command of any one of the military 
departments.^ 
Ibid, l 2. 
Additional 
lieutenant- 
generals. 
373. That the officers appointed under the provi- 
sions of this act shall continue to hold the rank herein 
provided so long as they shall efficiently discharge 
the duties in command of said several departments, 
and no longer, but will resume thereafter their former 
rank in the service. 
Ibid, l 3. 
Rank; how 
long to con- 
tinue. 
374. That adjutants of regiments and legions may 
he appointed by the President, upon the recommen- 
dation of the colonel thereof, of the grade of subal- 
tern. in addition to the subaltern officers attached to 
companies; and said adjutants, when so appointed, 
Aug. 31.1861 
ch. 67. 
Adjutants of 
regiments 
and legions 
of the gra,do 
of subaltern. 
* President authorized to appoint general officers ; see 85- 92,110. 
t Lieutenant-generals to bo appointed, 93. digust ok 
shall have the same rank, pay, and allowances as are 
provided by law to adjutants of regiments. 
Oct. 2, 1862 
ch. 21. 
Adjutants 
for battal- 
ions, of the 
grade of 
subaltern. 
375. That the provisions of said act [374] shall be 
extended so as to apply to independent battalions, 
and that, on the recommendation of the commander 
of any such battalion, an adjutant of the grade of 
subaltern may be appointed by the President for said 
battalion, who is not attached as subaltern to said 
battalion, and that said adjutant, when so appointed, 
shall have the same rank, pay, and allowance as are 
provided by law for adjutants of regiments. 
April 16, 
1863, ch. 22. 
Minors may 
bo commis- 
sioned. 
376. That, from and after the passage of this act, 
commissions in the Army of the Confederate States, 
and in the Provisional Army of the Confederate 
States, may be issued to persons under twenty-one 
years of age, except in the case of officers who are 
required by law to give bond. 
April 4. 1863 
ch. 12. 
Officers or 
soldiers 
elected or 
appointed to 
certain of- 
fices, may 
resign or be 
discharged. 
377. That any officer, non-commissioned officer, or 
private now in the military service of the Confeder- 
ate States, who has been elected or appointed since 
entering said service, or who may hereafter be elected 
or appointed a senator or representative in Congress, 
or in any state legislature, a judge of the circuit, dis- 
trict, or superior courts of lave or equity in any 
state of the Confederacy, district attorney, clerk of 
any court of record, sheriff, ordinary, judge of any 
court of probate, collector of state taxes, not to 
exceed one for each county, parish recorder, upon 
furnishing the Secretary of War with evidence of 
such election or appointment, if an officer, his resig- 
nation shall bo promptly accepted, and if a non-com- 
missioned officer or private, ho 'shall be honorably 
discharged by the Secretary of War. 
May 1, 1863 
ch. 64. 
Loss of mus- 
ter-rolls ; 
proof of ser- 
vice. 
378. That all officers, non-commissioned officers, and 
privates of any legally constituted military organi- 
zation, 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 : MIL1TAK LAWS. 
127 
Provided, The fact of their ha\ng been so received 
into the service, and the time hey served, is duly 
proved to the satisfaction of tb Secretary of War, 
under rules to be prescribed by lm. • 
379. That the oath required tcenable sick, wound- 
ed, or other soldiers to receive their pay, may be 
taken before any quartermaster, mo is hereby author- 
ized to administer the same, or fefore any justice of 
the peace having jurisdiction, or any other' officer 
having the right, by the laws of tb $tate, to adminis- 
ter oaths. 
Oct. 2, 1862 ' 
ch. 23. 
Oath to en- 
able sick, 
wounded, or 
other sol- 
diers to re- 
ceive their 
pay. 
380. That commutation in lieu <f quarters be and 
the same is hereby allowed to the Superintendent of 
the “Army Intelligence-Office” and his clerks, at the 
discretion of the Secretary of War. and under such 
regulations as may be prescribed by lim, and that the 
extra pay allowed said clerks shall i>e and is hereby 
increased from twenty-five to fifty cents per day. 
Oct. 13, 1862 
ch. 52. 
Afmy intelli- 
gence-office. 
381. That the President be and he is hereby author- 
ized to bestow medals, with proper devices, upon 
such officers of the armies 9f the Confederate States 
as shall be conspicuous for courage and good conduct 
on the field of battle; and also to confer a badge of 
distinction upon one private or non-commissioned 
officer of each company after every signal victory it 
shall have assisted to achieve. The non-commissioned 
officers and privates of the company who may be 
present on the first dress-parade thereafter may 
choose, by a majority of their votes, the soldier best 
entitled to receive such distinction, whose name shall 
be communicated to the President by commanding 
officers of the company, and if the award fall upon a 
deceased soldier, the badge thus awarded him shall 
be delivered to his widow, or if there be no widow, to 
any relation the President may adjudge entitled to 
receive it. 
Oct. 13, 1862 
ch. 61. 
Medals and 
badges as re- 
ward for 
courage and 
good con- 
duct.. 
882. That the President is hereby authorized, upon 
1 
the recommendation of the general commanding a 
° . ... 
department or a separate army, in the held, to till any 
vacancy in the commissioned officers of a regiment or 
battalion, by the promotion to the same, by and with 
Feb. 17. 1864 
i 1, ch. 58. 
Promotion 
for peculiar 
valor or 
skill. 128 
DIGEf OF 
the advice and consdt of the Senate, of any officer, 
non-commissioned ofcer, or private who may have 
distinguished himsel by exhibiting peculiar valor or 
skill on the battle-fhpl [157, 158,105]: Provided. That 
the officer, non-commissioned officer, or private so 
recommended and lominated for promotion shall 
belong to the reginent or battalion in which the 
vacancy may have ccurred. 
Ibid, \ 2. 
Repeal of 
conflicting 
laws. 
Aug: 21,1861 
Res. 6. 
Cavalry 
equipments. 
383. All acts an< parts of acts in conflict with the 
above provisions an hereby repealed. 
384. That the Secretary of War be and he is hereby 
authorized, in his discretion, to furnish to volunteer 
cavalry eompaniq, whose services are accepted for 
the war by the Confederate States, all necessary 
equipments. 
Aug. 21,1861 
ch. 26. 
Horses pur- 
chased by 
order of Col. 
Angus W. 
McDonald. 
385. That the ’Secretary of War be and he is hereby 
authorized to cause payment to be made to the ven- 
dors, upon an audit of the accounts of certain horses 
heretofore purchased by order of Colonel Angus W. 
McDonald, to mount the men he was authorized to 
raise by order of the President of the Confederate 
States; and upon the payment of the said accounts 
said horses shall become the property of the gov- 
ernment, and shall be subject to,the control of the 
quartermaster’s department: Provided, however, That 
the Quartermaster-General shall be and he is hereby 
empowered to permit said horses to remain in the 
possession of the volunteers who now have them, 
subject to the general law controlling cavalry troops, 
upon the written agreement of said volunteers that 
said horses will be paid for by them out of the allow- 
ances now made for cavalry troops. 
dan. 22, 1§64 
ch. 11. 
Procuring or 
enticing sol- 
diers to de- 
sert. 
380. That every person not subject to the Rules and 
Articles of War, who shall procure or entice a soldier 
or person enrolled for service in the Army of the Con- 
federate States to desert; or who shall aid or assist 
any deserter from the army, or any person enrolled 
for service, t'o evade their proper commanders, or to 
prevent their arrest to be returned to the service; or 
who shall knowingly conceal or harbor an}- such de- 
serter; or shall purchase from any soldier or person 
Purchase of 
arms, cloth- MILITARY LAWS. 
129 
enrolled for service any portion of his arms, equip- 
ments, rations, or clothing, or any property belonging 
to the Confederate States, or any officer or soldier of 
the Confederate States, shall, upon conviction before 
the district court of the Confederate States having 
jurisdiction of the offence, be fined not exceeding one 
thousand dollars, and be imprisoned not exceeding 
two years. 
ing, etc., 
from sol- 
diers. 
387. That when any officer or private of any legally 
constituted military organization may have hereto- 
fore, by order of his proper superior officer, performed 
any staff duty appropriate to such command, he shall 
be entitled to receive pay for the time he was so 
engaged in the discharge of such duties: Provided, 
That there was not then present, fit for duty, any 
officer duly appointed for the discharge of the same 
[see also 205]. 
Feb. 11,1864 
ch. 29. 
Officers or 
privates to 
be paid for 
performance 
of staff duty. 
III.—ARMS AND MUNITIONS.* 
388. Contraots for ordnance and arms. Machinery. Agents and arti- 
sans. Powder-mills and powder. 
389. Arms, etc., acquired from the United States. 
390. Repeal of the United States laws relative to arms and military 
supplies of a patented invention. 
391. Authorizing the construction of “ Winans’ gun.” 
392. Arms of volunteers. 
388. That the Presideiit, or Secretary of War under 
his direction, is hereby authorized and empowered to 
make contracts for the purchase and manufacture of 
heavy ordnance and small-arms; and of machinery 
for the manufacture or alteration of small-arms and 
munitions of war; and to employ the necessary agents 
and artisans for those purposes; and to make con- 
tracts for the establishment of powder-mills and the 
manufacture of powder; and the President is author- 
ized to make contracts provided for in this act, in 
Feb. 20,1861 
ch. 4. 
Contracts 
for ordnance 
and arms. 
Machinery. 
Agents and 
artisans. 
Powder- 
mills and 
powder. 
* For arms captured by partisan rangers, 291. For manufactories of small- 
arms, saltpetre, etc., 454 et seq. For payment for private arms of persons mus- 
tered into service, see 153. For armories, 47 et seq. For advances on contracts 
for arms and munitions, see 558. 130 
DIGEST OF 
such manner and on such terms as, in his judgment, 
the public exigencies may require. 
Feb. 28,1861 
i 2, ch. 22. 
Arms, etc., 
acquired 
from the 
United 
States. 
389. That the President is hereby authorized to 
receive from the several states the arms and munitions 
of war which have been acquired from the United 
States, and which are now in the forts, arsenals, and 
navy-yards of said states, and all other arms and 
munitions which they may desire to turn over and 
make chargeable to this government. 
May 16,1861 
? 11, ch. 20. 
kepeal of 
United 
States 
law relative 
to arms and 
military sup- 
plies of a 
patented in- 
vention. 
390. That the provision of the third section of the 
act of the Congress of the United States, making 
appropriations for the legislative, executive, and judi- 
cial expenses of the government for the year ending 
the thirtieth day of June, A. D. eighteen hundred and 
sixty-one, approved June twenty-third, eighteen hun- 
dred and sixty, which declares that no arms nor mili- 
tary supplies whatever, which are of a patented 
invention, shall be purchased, nor the right of using 
or applying any patented invention, unless the same 
shall be authorized by law, and the appropriation 
therefor explicitly set forth that it is for such patent- 
ed invention (if of force within the Confederate States), 
shall be suspended in its operation for and during the 
existing war. 
Aug. 6, 1861 
ch. 17. 
Authorizing 
construction 
of a machine 
known as 
“ Winans’ 
Gun.” 
391. Whereas Charles S. Dickinson alleges that he 
has invented a machine, generally known as “ Winans’ 
Gun,” whereby balls can be projected with such force, 
rapidity, and precision as to render it a valuable im- 
plement of war, both in the army and navy : 
The Congress of the Confederate States of America do, 
therefore, enact, That the President be and he is hereby 
authorized, in his discretion, to cause one machine of 
this description, calculated to throw balls measuring 
about three-fourths of an inch in diameter, and weigh- 
ing about two ounces, to be constructed under the 
direction of said Dickinson : Provided, that the cost 
thereof shall not exceed five thousand dollars. 
.Tan. 22, 1862 
Res. 10. 
Arms of 
volunteers. 
392. That the military exigencies of the Confeder- 
ate States render it absolutely necessary that the 
arms of the volunteers now in the service should be 
kept within the control of the President of the Con- MILITARY LAWS. 
131 
federate States, so that, whenever the present volun- 
teers shall be discharged from service, the arms may 
be placed in the hands of others. 
IV.—FLAG. 
393. Described and established. 
393. That the flag of the Confederate States shall 
be as follows: the field to be white, the length double 
the width of the flag, with the union (now used as 
the battle-flag) to be a square of two-thirds the 
width of the flag, having the ground red; thereon a 
broad saltier of blue, bordered with white, and em- 
blazoned with white mullets or five-pointed stars, cor- 
responding in number to that of the Confederate 
States. 
May 1, 1863 
ch.88. 
Described 
and estab- 
lished. 
V-FORTS AND ARSENALS. 
394. Questions and difficulties relating to occupation. 
395. Cession to Confederate States recommended. 
394. Resolved, by the Congress of the Confederate States 
of America, That this government takes under its 
charge the questions and difficulties now existing be- 
tween the several states of this Confederacy and the 
Government of the United States of America relating 
to the occupation of forts, arsenals, navy-yards, and 
other public establishments; and that the President 
of the Congress be directed to communicate this reso- 
lution to the several states of this Confederacy through 
the respective governors thereof. 
Feb. 12,1861 
Res. 5. 
Questions 
and difficul- 
ties relating 
to occupa- 
tion. 
395. Resolved, by the Congress of the Confederate States, 
That the Congress do recommend to the respective 
states to cede the forts, arsenals, navy-yards, dock- 
yards, and other public establishments within their 
respective limits, to the Confederate States; and, more- 
over, to cede so much of the lands reserved heretofore 
c^a5tlg 
Confederate 
state8 r!c; 132 
DIGEST OF 
by the Government of the United States, or other 
public vacant lands in their respective limits, as may 
he necessary for timber or lumber for naval or other 
purposes of public concern; and that the President of 
Congress be requested to communicate these resolu- 
tions and the accompanying report to the governors 
of the respective states. 
Resolved, further, That, in case of such cession, the 
President be and he is hereby authorized and empow- 
ered to take charge of any such property ceded. 
VI.—HABEAS CORPUS. 
[See “ Clauses of the Constitution’'' in Appendix.] 
396. Power to suspend. 
397. Limitation as to arrests. 
398. Duration of the act. 
399. Power to suspend. Limitation as to arrests. 
400. Investigation of cases. 
401. Duration of the act. 
402. Suspension of writ. Specified cases. 
403. Investigation of cases. 
404. Answer to writ. 
405. Duration of act. 
Peb. 27,1862 
ch. 2. 
Power to 
suspend. 
396. The Congress of the Confederate States of America 
do enact, That during the present invasion of the Con- 
federate' States the President shall have power to 
suspend the privilege of the writ of habeas corpus in 
such cities, towns, and military districts as shall, in 
his judgment, be in such danger of attack by the 
enemy as to require the declaration of martial law for 
their effective defence. 
April 19, 
1862, 31, 
ch. 44. 
Limitation 
as to arrests. 
397. That the act [396] authorizing the suspension 
of the writ of habeas corpus is hereby limited to ar- 
rests made by the authorities of the Confederate gov- 
ernment, or for offences against the same. 
398. That the act which this act is intended to limit 
shall continue in force for thirty days after the next 
meeting of Congress, and no longer. 
399. That during the present invasion of the Con- 
federate States the President shall have power to 
Ibid, \ 2. 
Duration of 
the act. 
Oct. 13, 1862 
3 1, ch. 51. 
Power to 
suspend. MILITARY LAWS. 
133 
suspend the privilege of the writ of habeas corpus in 
any city, town, or military district whenever, in his 
judgment, the public safety may require it; but such 
suspension shall apply only to arrests made by the 
authorities of the Confederate government, or for 
offences against the same. 
Limitation 
as to arrests. 
400. The President shall cause proper officers to in- 
vestigate the cases of all, persons so arrested, in order 
that they may be discharged, if improperly detained, 
unless they can be speedity tried in due course of law. 
Ibid, § 2. 
Investiga- 
tion ofcases. 
401. This act shall continue in force for thirty days 
after the next meeting of Congress, and no longer. 
Ibid, \ 3. 
Duration of 
the act. 
402. Whereas the Constitution of the Confederate 
States of America provides, in article first, section 
nine, paragraph three, that “the privilege of the writ 
of habeas corpus shall not be suspended unless when, 
in case of rebellion or invasion, the public safety may 
require it;” and whereas the power of suspending the 
privilege of said writ, as recognized in said article 
first, is vested solely in the Congress, which is the ex- 
clusive judge of the necessity of such suspension; and 
whereas, in the opinion of the Congress, the public 
safety requires the suspension of said writ in the ex- 
isting case of the invasion of these states by the armies 
of the United States; and whereas the President has 
asked for the suspension of the writ of habeas corpus, 
and informed Congress of conditions of public danger 
which render the suspension of the writ a measure 
proper for the public defence against invasion and in- 
surrection. Now, therefore, 
Feb. 15,1864 
§ 1, ch. 37. 
Preamble. 
The Congress of the Confederate States of America do 
enact, That during the present invasion of the Con- 
federate States the privilege of the writ of habeas cor- 
pus be and the same is hereby suspended; but such 
suspension shall apply only to the cases of persons ar- 
rested or detained by order of the President, Secretary 
of War, or the general officer commanding the trans- 
Mississippi military department, by the authority and 
under the control of the President. It is hereby de- 
clared that the purpose of Congress in the passage of 
this act is to provide more effectually for the public 
Suspension 
of writ. 134 
DIGEST OF 
safety, by suspending the writ of habeas corpus in the 
following cases, and no others: 
Specified 
cases. 
First—Of treason, or treasonable efforts or combi- 
nations to subvert the Government of the Confederate 
States. 
Second—Of conspiracies to overthrow the govern- 
ment, or conspiracies to resist the lawful authorities 
of the Confederate States. 
Third—Of combining to assist the enemy, or of 
communicating intelligence to the enemy, or giving 
him aid and comfort. 
Fourth—Of conspiracies, preparations, and attempts 
to incite servile insurrection. 
Fifth—Of desertions or encouraging desertions, of 
harboring deserters, and of attempts to avoid military 
service: Provided, That in cases of palpable wrong 
and oppression by any subordinate officer, upon any 
party who does not legally owe military service, his 
superior officer shall grant prompt relief to the op- 
pressed party, and the subordinate shall be dismissed 
from office. 
Sixth—Of spies and other emissaries of the enemy. 
Seventh—Of holding correspondence or intercourse 
with the enemy without necessity, and without the 
permission of the Confederate States. 
Eighth—Of unlawful trading with the enemy, and 
other offences against the laws of the Confederate 
States enacted to promote their success in the war. 
Ninth—Of conspiracies, or attempts to liberate 
prisoners of war held by the Confederate States. 
Tenth—Of conspiracies, or attempts or preparations 
to aid the enemy. 
Eleventh—Of persons advising or inciting others to 
abandon the Confederate cause, or to resist the Con- 
federate States, or to adhere to the enemy. 
Twelfth—Of unlawfully burning, destroying, or in- 
juring, or attempting to burn, destroy, or injure any 
bridge, or railroad, or telegraphic line of communica- 
tion, or other property, with the intent of aiding the 
enemy. 
Thirteenth—Of treasonable designs to impair the MILITARY LAWS. 
135 
military power of the government by destroying, or 
attempting to destroy, the vessels, or arms, or muni- 
tions of war, or arsenals, foundries, workshops, or 
other property of the Confederate States. 
403. The President shall cause proper officers to in- 
vestigate the cases of all persons so arrested or de- 
tained, in order that they may be discharged, if im- 
properly detained, unless they can be speedily tried 
in the due course of law. 
Ibid, g 2. 
Investiga- 
tion of cases. 
404. That during the suspension aforesaid no mili- 
tary or other officer shall be compelled, in answer to 
any writ of habeas corpus, to appear in person, or to 
return the body of any person or persons detained by 
him by the authority of the President, Secretary of 
War, or the general officer commanding the trans- 
Mississippi department; but upon the certificate, under 
oath, of the officer having charge of any one so de- 
tained, that such person is detained by him as a pris- 
oner for any of the causes herein before specified, 
under the authority aforesaid, further proceedings 
under the writ of habeas corpus shall immediately 
cease, and remain suspended so long as this act shall 
continue in force. 
ibid, g 3. 
writ, 
405. This act shall continue in force for ninety days 
after the next meeting of Congress, and no longer. 
Uuraion'of 
the act. 
VII.—HOSPITALS :* SICK AND WOUNDED 
SOLDIERS. 
406. Laundresses. 
407. Pay of laundresses. 
408. Hospital fund; how constituted and managed. 
409. Transportation of supplies by railroads and boats. 
410. Clothing allowed. 
411. Matrons, female nurses, and attendants. Surgeons and assistant 
surgeons may employ other nurses, cooks, and ward-masters. 
Soldiers assigned as nurses and ward-masters. 
* For hospital surgeons and assistant surgeons, see 207. 
For hospital stewards, 42. 
For clerk in charge of supplies contributed to hospitals, 43. 
For hospital guards and clerks, see 172 et seq. 
For cooks and nurses for sick and wounded, 244. 
For authority of quartermasters to administer oath to sick and wounded sol- 
diers, 379. 136 
DIGEST OF 
412. Hospitals; how designated. To what hospitals sick or wounded 
soldiers shall he sent. 
413. Pay of cooks, nurses, etc. 
414. Transportation of sick and wounded soldiers. Provision for water. 
415. Detail to accompany sick and wounded. 
41fi. Commutation value of rations increased. Rules and regulations. 
417. Idem. 
418. Way hospitals. 
419. Furloughs and discharges. 
420. Idem. 
421. No passport required other than furlough. 
422. Discharges and transportation. 
423. Board of examiners. 
424. Duty of house surgeons. 
425. Officers allowed hospital accommodations at one dollar per day. 
426. When officers shall be without money. 
427. Accommodations to include subsistence. 
406. That superintendents of the different military 
hospitals be and they are hereby authorized to employ 
laundresses for the sick and wounded soldiers, at such 
rates, and in such numbers, as may be prescribed by 
the War department. 
Deo. 7,1861 
ch. 3. 
Laundresses 
May 1,1863 
§ 2, ch. 86. 
Pay of laun- 
dresses. 
407. That the pay to be hereafter allowed to all 
laundresses in hospitals or other places, in the service 
of the Confederate States, shall be twenty-five dollars 
per month, with rations and quarters, instead of the 
pay now allowed by law. 
Sept. 27,1862 
1, eh. 17. 
Hospital 
fund; how 
constituted 
and man- 
aged. 
408. That the commutation value of rations of sick 
and disabled soldiers, in the hospitals of the Confed- 
erate States, is hereby fixed at one dollar [416, 417], 
instead of the commutation now allowed by law, which 
shall constitute the hospital fund, and be held by the 
commissary, and be paid over by him, from time to 
time, to the surgeon or assistant surgeon in charge of 
the hospital of which the soldier, whose ration was 
commuted, is an inmate, upon the said surgeon or as- 
sistant surgeon’s requisition, made in writing, when 
necessary to purchase supplies for said hospital: Pro- 
vided, however, When said sum for any one hospital 
shall increase over and above the monthly expendi- 
tures of the same to an amount exceeding the sum of 
five thousand dollars, the said commissary shall be re- 
quired to deposit the said excess over and above the 
said five thousand dollars in the Treasury of the Con- 
federate States, or such other place of deposit where 
government moneys are ordered to be kept; which said MILITARY LAWS. 
137 
deposits, when so made, shall be passed to the credit 
of the said Confederate States, and be liable to draft 
as other public moneys are ; and all such funds shall 
be accounted for by the said commissary in his month- 
ly report and abstracts as now required by law: And 
provided,further, That all such surgeons and assistant 
surgeons who shall receive from the said commissary 
any part of said hospital fund, to be expended for the 
use of hospitals, shall be held liable for a faithful ap- 
plication of it, and in a weekly, account and abstract, 
to be made out and forwarded to the office of the Sur- 
geon-General, to be verified in every instance by vouch- 
ers, shall show what disposition has been made of it, 
which account, abstract, and accompanying vouchers, 
shall be placed on file. 
409. That the Secretary of War is hereby authorized 
and directed to make a contract with the several rail- 
road companies and lines of boats, for the speediest 
practicable transportation of all supplies purchased 
for the use of hospitals by agents accredited by the 
surgeon or assistant surgeon in charge for that purpose, 
or donations by individuals, societies, or states ; and 
it shall be lawful for the Quartermaster-General to fur- 
nish general transportation tickets to such agents upon 
all railroad trains and canal-boats, when engaged in the 
actual service of said hospitals, upon the request of the 
said surgeon or assistant surgeon. 
Ibid, § 2. 
Transporta- 
tion of sup- 
plies by rail- 
roads and 
boats. 
410. That there shall be allowed to each hospital of 
the Confederate States suits of clothing, consisting of 
shirts, pantaloons, and drawers, equal to the number 
of beds in the same, for the use of the sick while in the 
hospitals, when so ordered by the surgeon or assistant 
surgeon in charge—which said clothing shall be drawn 
upon the written requisition of said surgeon or assist- 
ant surgeon, and shall be receipted for and kept as 
hospital clothing, and be accounted for by him as other 
public property. 
Ibid, 3 3. 
Clothing- 
allowed. 
411. That there be allowed to each- hospital, with 
rations and suitable places of lodging, the following 
matrons, and female nurses and attendants, viz: Two 
matrons, to be known and designated as hospital 
Ibid, ? 4. 
Matrons, fe- 
male nurses, 
and attend- 
ants. 138 
DIGEST OF 
matrons in chief, at a salary not to exceed forty dollars 
per month each, whose general duties shall be to exer- 
cise a superintendence over the entire domestic econo- 
my of the hospital, to take charge of such delicacies 
as may be provided for the sick, to apportion them out 
as required, to see that the food or diet is properly pre- 
pared, and all such other duties as may be necessary. 
Two matrons, to be known and designated as assistant 
matrons, whose general duties shall be to superintend 
the laundiy, to take charge of the clothing of the sick, 
the bedding of the hospital, to see that they are kept 
clean and neat, and perform such other duties as may 
be necessary, at a salary not to exceed thirty-five 
dollars per month each. Two matrons for each ward, 
at a salary not to exceed thirty dollars per month 
each, to be known and designated as ward-matrons, 
whose general duties shall be to prepare the beds and 
bedding of their respective wards, to see that they are 
kept clean and in order, that the food or diet for the 
sick is carefully prepared and furnished to them, the 
medicine administered, and that all patients requiring 
careful nursing are attended to, and all such other du- 
ties as may be necessary. And all surgeons and as- 
sistant surgeons in charge of a hospital are hereby 
authorized to employ such other nurses, either male 
or female, as may be necessary to the proper care and 
attention of the sick, at a salary each not to exceed 
twenty-five dollars per month, and also the necessary 
cooks, at a salary not to exceed dollars 
each, and one ward-master for each ward, at a salary 
not to exceed twenty-five dollars per month each, giv- 
ing preference in all cases to females where their ser- 
vices may best subserve the purpose ; and in the event 
a sufficient number of such nurses and ward-masters 
can not be employed, not liable to military service, 
and it shall become necessary to assign to this duty 
soldiers in the service, then, upon the requisition of 
such surgeon or assistant surgeon in charge of such 
hospital, the soldier or soldiers so assigned, who are 
skilful and competent, shall be permanently detailed 
to this duty, and shall only be removable for neglect 
Surgeons 
and assist- 
ant surgeons 
may employ 
other 
nurses,cooks 
and ward- 
masters. 
Soldiers as- 
signed as 
nurses and 
ward-mas- 
ters. MILITARY LAWS. 
139 
or inattention by the surgeon or assistant surgeon in 
charge : Provided, In all cases, that all other attend- 
ants and servants, not herein provided for, necessary to 
the service of said hospital, shall be allowed as now 
provided by law. 
412. That the hospitals of the Confederate States 
shall hereafter be known and numbered as hospitals 
of a particular state; and in all cases where the same 
can be done without injury to the patients or great 
inconvenience' to the government, all sick or wounded 
soldiers, being citizens or residents of such particular 
state, shall be sent to such hospital as may represent 
the same, and to such private or state hospitals repre- 
senting the same, which may be willing to receive 
them. 
Ibid, ? 5. 
Hospitals; 
how desig- 
nate. To 
what hospi- 
tals sick or 
wounded 
soldiers 
shall be sent 
413. That all persons authorized to be employed by 
section fourth of this act [411], who are not engaged 
in the military service, and whose pay is not now pro- 
vided for by law, shall be paid monthly by any quar- 
termaster or other person authorized to pay troops in 
the military service, upon a muster or pay roll to be 
made out and certified to by the surgeon or assistant 
surgeon having in charge the hospital or hospitals in 
which said persons have been employed. 
Ibid, l 6. 
Pay of 
nurses, 
cooks, etc. 
414. That the Secretary of War is hereby author- 
ized, in such way and manner as he may deem best, 
and under such rules and regulations as he may pre- 
scribe, to enter into and perfect some suitable arrange- 
ment with the railroad companies, their officers, or 
authorized agents, whereby seats in one or more cars 
of each railroad train, as the necessities of the case 
may be, shall be reserved for the use of the sick and 
wounded soldiers who may desire transportation on 
any such railroad, and that no person not sick or wound- 
ed, and not an attendant upon the sick and wounded, 
shall be permitted to enter any such car or cars so 
reserved, until the said sick and wounded and their 
attendants shall first have obtained seats; and also 
shall perfect some arrangement with the said railroad 
companies, their officers, or agents, whereby all con- 
ductors having in charge any such trains shall be re- 
Ibid, \ 7. 
Transporta- 
tion of sick 
and wound- 
ed soldiers. 
Provision for 
water. 140 
DIGEST OF 
quired to provide, for the use of the sick and wounded 
in the cars so reserved, a sufficient quantity of pure 
water. 
Ibid, H 8. 
Detail to 
accompany 
sick aud 
wounded. 
415. That all surgeons and assistant surgeons in 
charge of a hospital, having in his or their charge any 
sick or wounded soldier, desiring transportation as 
aforesaid, shall, in all cases, detail some competent per- 
son, acting under his or their authority, whose duty it 
shall be to accompany all such sick and wounded to 
the depot of any such railroad, to see that all such are 
properly cared for, and that they obtain seats on the 
said car or cars so reserved. 
May 1,1863 
11, ch. 86. 
Commuta- 
tion value of 
rations in- 
creased. 
416. That the commutation value of rations of sick 
and disabled soldiers of the army shall, from and after 
the passage of this act, be fixed at one dollar and twen- 
ty-five cents each [417], instead of one dollar, as pro- 
vided in the first section of the above recited act, and 
that the provisions of this act, and the above recited 
act, approved September twenty-seventh, one thou- 
sand eight hundred and sixty-two, shall be so construed 
as to apply to all sick and disabled soldiers of the army, 
whether in hospitals or other places, used in camp or 
in the field as hospitals ; and that it shall be the duty 
of the Surgeon-General, under the direction of the 
Secretary of War, to prescribe such rules and regula- 
tions in his department as will secure to all sick and 
disabled soldiers the benefit of the provisions of this 
and the act to which this is an amendment: Provided, 
That twenty-five cents for each ration so commuted 
shall not be drawn or appropriated until the Secretary 
of War shall deem the same necessary to purchase 
suitable supplies for the use of the sick and disabled 
of the army. 
Feb. 15,1864 
ch. 35. 
Idem. 
417. That the commutation value of rations of the 
sick and wounded, and of all employees in hospitals, be 
fixed at such rates, not to exceed two and a half dol- 
lars, a’s the Secretary of War shall designate. 
May 1,1863 
g 3, ch. 86. 
Way hos- 
pitals. 
418. That, in addition to the hospitals now establish- 
ed, it shall be the duty of the Surgeon-General to es- 
tablish, at convenient and suitable points of location 
on the different railroad routes, such other hospitals as MILITARY LAWS. 
141 
may be necessary to furnish quarters and rations to 
sick and disabled soldiers who may be permitted to re- 
turn home on furlough, or after an honorable discharge 
from the military service; and the hospitals so estab- 
lished shall be known and designated as way hospitals, 
and shall be furnished with suitable bedding and pro- 
visions, and in every respect be under the same rules 
and regulations of other hospitals. 
419. That sick, wounded, and disabled soldiers in 
hospitals shall be entitled to furloughs and discharges 
under the following rules 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 examiners for the hospitals to 
which they belong, whose duty it shall be, twice in 
each week, to visit said hospitals, and examine appli- 
cants 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 [420] or upwards, 
they shall grant a furlough for such time as they shall 
deem him unfit for duty, not to exceed sixty days. 
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. 
May 1,1863 
§1, ch. 69. 
Furloughs 
1 and dis- 
charges. 
420. That an act regulating the granting of furloughs 
and discharges in hospitals, approved May the first, 
eighteen hundred and sixty-three [419], be and the 
same is hereby so amended as to provide that the pe- 
riod of disability therein named which entitles soldiers, 
sick and wounded in hospitals, to furloughs, shall be 
extended to sixty days or upwards, in which case the 
board of examiners may grant furloughs for sixty 
days. 
Feb. 17,1864 
ch. 48. 
Idem. 
421. That no further regulation shall be required of 
the soldier, and no passport required other than his 
furlough. 
May 1,1863 
12, ch. 69. 
No passport 
required 
other than 
furlough. 142 
DIGEST OF 
Ibid, 13. 
Discharges 
and trans- 
portation. 
422. That the said board may recommend discharges, 
stating the grounds thereof, which, when approved by 
the Surgeon-General or the general commanding the 
army or department to which the soldier belongs, shall 
entitle him to a discharge and transportation to the 
place of his enlistment or residence. 
Ibid, ji4. 
Board of 
examiners. 
423. That in places where there are but two hospi- 
tals, 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 furlough 
shall be granted under the provisions of this act, if, in 
the opinion of the board, the life or convalescence of 
the patient would be endangered thereby. 
Ibid, § 5. 
Duty of 
house sur- 
geons . 
424. The house surgeon in all hospitals shall see each 
patient under his charge once every day. 
April 29, 
1863, l 1, 
ch. 47. 
Officers al- 
lowed hos- 
pital accom- 
modations 
at one dollar 
per day. 
Ibid, l 2. 
When offi- 
cers shall be 
without 
money. 
425. That sick or wounded officers shall be allowed 
hospital accommodations [427] in any of the hospitals 
of the Confederate States, at one dollar per diem. 
426. When said officer shall be without money, he 
shall nevertheless be entitlod to the same. The sur- 
geon in charge, at the expiration of every thirty days, 
shall state the account, and be entitled to draw the 
amount at any place where the officer might have 
drawn it, which shall be deducted from said officer’s 
pay in the same way as if be himself had drawn it, 
and any officer drawing the same again shall be pun- 
ished as in the case of fraudulent drawers. 
427. That the true intent and meaning of an act al- 
lowing hospital accommodations to sick and wounded 
officers, approved the twenty-ninth day of April, eigh- 
teen hundred and sixty-three [425], were to cause to 
be furnished not only medicines, medical and other at- 
tendance and lodging, but subsistence also. 
Fob. 13, 1864 
Res. 19. 
Accommoda- 
tions to in- 
clude sub- 
sistence. MILITARY LAWS. 
143 
VIII—IMPRESSMENTS. 
[See “ Employment of Negroes179.] 
428. Of forage—articles of subsistence or other property absolutely 
necessary, authorized. Value of property; how to be ascer- 
tained. 
429. Payment to be made and certificate to be given by the impress- 
ing officer. 
430. Value of property; when to be assessed, and how. 
431. When the Secretary of War may authorize property to bo taken 
for public use. 
432. Commissioners to be appointed in each state—one by the Presi- 
dent, and one by the governor. Schedule of prices to be 
published every two months. 
433. Property in the hands of any person other than the raiser or pro- 
ducer; how to be paid for. Cases of disagreement; how de- 
cided. 
434. Property necessary for the support of the owner and family not to 
be impressed. 
435. Property impressed for temporary use and destroyed, to be paid 
for. 
436. Impressment of slaves ; how regulated. 
437. Certain slaves not to be impressed except in cases of urgent ne- 
cessity. 
438. Substitute for preceding section. 
439. Penalty for violating provisions of this act. 
440. Impressing officer to approve or disapprove appraisements. Final 
valuation. 
441. Repeal of foregoing act. Affidavit of owner or agent. 
442. Property to be paid for at the time, unless an appeal is taken. 
443. Impressing officer to endorse his approval or refusal on appraise- 
ment. Appeal. 
444. Commissioners may summon witnesses. Valuation. 
445. Oath to be taken. 
446. No impressment for benefit of contractors. 
447. As to appeals. 
448. Impressment of meat. 
449. Quantity allowed to be retained. Mode of exercising the powers 
granted. 
450. Notice to be given to owner of the quantity required, etc. 
451. Duty of owner on notice being served. 
452. Mode of ascertaining quantity and compensation. 
453. Certificate of impressing officer. Payment. 
428. The Congress of the Confederate States of America 
do enact, That whenever the exigencies of any army 
in the field are such as to make impressments of for- 
age, articles of subsistence, or other property abso- 
lutely necessary, then such impressments may be made 
by the officer or officers whose duty it is to furnish 
such forage, articles of subsistence, or other property 
for such army. In eases where the owner of such 
property and the impressing officer can not agree 
upon the value thereof, it shall be the duty of such 
impressing officer, upon an affidavit in writing of the 
owner of such property, or his agent, that such prop- 
March 26, 
1863, i 1, 
ch. 10. 
Of forage— 
articles of 
subsistence 
or other 
property ab- 
solutely 
necessary, 
authorized. 
Value of 
property; 
howto be as 
certained. 144 
DIGEST OF 
erty was grown, raised, or produced by said owner, 
or is held or has been purchased by him, not for sale 
or speculation, but for his own use or consumption, to 
cause the same to be ascertained and determined by 
the judgment of two loyal and disinterested citizens 
of the city, county, or parish in which such impress- 
ments may be made—one to be selected by the owner, 
one by the impressing officer; and in the event of 
their disagreement, these two shall choose an umpire 
of like qualifications, whose decision shall be final. 
The persons thus selected, after an oath to appraise 
the property impressed, fairly and impartially (which 
oath, as well as the affidavit provided for in this sec- 
tion, the impressing officer is hereby authorized to ad- 
minister and certify), shall proceed to assess just com- 
pensation for the property so impressed, whether the 
absolute ownership, or the temporary use thereof, only 
is required. 
Ibid, l 2. 
Payment to 
be made and 
certificate to 
be given by 
the impress- 
ing officer. 
429. That the officer or person impressing property 
as aforesaid shall, at the time of said taking, pay to 
the owner, his agent, or attorney, the compensation 
fixed by said appraisers; and shall also give to the 
owner, or person controlling said property, a certifi- 
cate, over his official signature, specifying the bat- 
talion, regiment, brigade, division, or corps to which 
he belongs; that said property is essential for the use 
of the army, could not be otherwise procured, and 
was taken through absolute necessity; setting forth 
the time and place when and where taken, the amount 
of compensation fixed by said appraisers, and the 
sum, if any, paid for the same. Said certificate shall 
be evidence for the owner, as well of the taking of 
said property for the public use as the right of the 
owner to the amount of compensation fixed as afore- 
said. And in case said officer or person taking said 
property shall have failed to pay the owner or his 
agent said compensation as hereinbefore required, 
then said owner shall be entitled to the speedy pay- 
ment of the same by the proper disbursing officer— 
which, when so paid, shall be in full satisfaction of all MILITARY LAWS. 
145 
claims against the Government of the Confederate 
States. 
430. Whenever the appraisement provided for in 
the first section of this act shall, for any reason, be 
impracticable at the time of said impressment, then 
and in that case the value of the property impressed 
shall be assessed as soon as possible, by two loyal and 
disinterested citizens of the city, county, or parish 
wherein the property was taken, chosen as follows: 
one by the owner, and one by the Commissary or 
Quartermaster-General, or his agent, who, in case of 
disagreement, shall choose a third citizen, of like 
qualifications, as an umpire, to decide the matters in 
dispute—who shall be sworn as aforesaid, who shall 
hear the proofs adduced by the parties as to the value 
of said property, and assess a just compensation there- 
for, according to the testimony. 
Ibid, § 3. 
Value of 
property; 
when to be 
assessed, 
and how. 
481. That whenever the Secretary of War shall be 
of opinion that it is necessary to take private property 
for public use, by reason of the impracticability of 
procuring the same by purchase, so as to accumulate 
necessary supplies for the army, or the good of the 
service, in any locality, he may, by general order, 
through the proper subordinate officers, authorize such 
to be taken for the public use—the compen- 
sation due the owner for the same to be determined, 
and the value fixed, as provided for in the first and 
second sections of this act. 
Ibid, jj 4. 
When the 
Secretary of 
War may 
authorize 
property to 
be taken for 
public use. 
432. That it shall be the duty of the President, as 
early as practicable after the passage of this act, to 
appoint a commissioner in each state where property 
shall be taken for the public use, and request the gov- 
ernor of such of the states in which the President 
shall appoint said commissioner, to appoint another 
commissioner, to act in conjunction with the commis- 
sioner appointed by the President, who shall receive 
the compensation of eight dollars per day, and ten 
cents per mile as mileage, to be paid by the Confeder- 
ate tovernment. Said commissioners shall constitute 
a board, whose duty it shall be to fix upon the prices 
to be paid by the government for all property im- 
Ibid, § 5. 
Commission- 
ers to be ap- 
pointed in 
each state— 
one by the 
President 
and one by 
the govern- 
or. 
Schedule of 
prices to be 
published 
every two 
months. 146 
DIGEST OF 
pressed or taken for the public use as aforesaid, so as 
to afford just compensation to the owners thereof. 
Said commissioners shall agree upon and publish a 
schedule of prices every two months, or oftener, if 
they shall deem it proper; and in the event they shall 
not be able to agree in any matter confided to them 
in this act, they shall have power to appoint an um- 
pire to decide the matter in dispute, whose decision 
shall be the decision of tho board; and said umpire 
shall receive the same rate of compensation for the 
time he shall serve, allowed to said commissioners 
respectively: Provided, That said commissioners shall 
be residents of the state for which they shall be ap- 
pointed ; and if the. governor of any state shall refuse 
or neglect to appoint said commissioner within ten 
days after a request to do so by the President, then 
the President shall appoint both commissioners, by 
and with the advice and consent of the Senate. 
Ibid $ 0. 
Property in 
the hands of 
any person 
other than 
the raiser 
or producer; 
how to be 
paid for. 
433. That all property impressed or taken for the 
public use as aforesaid, in the hands of any person 
other than the persons who have raised, grown, or 
produced the same, or persons holding the same for 
their own use or consumption, and who shall make 
the affidavit as hereinbefore required, shall be paid for 
according to the schedule of pi'ices fixed by the com- 
missioners as aforesaid. But if the officer impressing 
or taking for the public use such property and the 
owner shall differ as to the quality of the article or 
property impressed or taken as aforesaid, thereby 
making it fall within a'higher or lower price named 
in the schedule, then the owner or agent and the offi- 
cer impressing or taking as aforesaid, may select 
each a loyal and disinterested citizen, of the qualifi- 
cations as aforesaid, to determine the quality of said 
article or property, who shall, in case of disagreement, 
appoint an umpire of like qualifications, and his de- 
cision, if approved by the officer impressing, shall be 
final; but if not approved, the impressing officer shall 
send the award to the commissioners of the state 
where the property is impressed, with his reasons for 
disapproving the same, and said commissioners may 
Cases of dis- 
agreement ; 
how decided. MILITARY LAWS. 
147 
hear such proofs as the parties may respectively ad- 
duce, and their decision shall be final: Provided, That 
the owner may receive the price offered by the im- 
pressing officer, without prejudice to his claim to re- 
ceive the higher compensation. 
434. That the property necessary for the support of 
the owner and his family, and to carry on his ordinary 
agricultural and mechanical business, to be ascertained 
by the appraisers to be appointed as provided in the 
first section of this act, under oath, shall not be taken 
or impressed for the public use; and when the im- 
pressing officer and the owner can not agree as to the 
quantity of property necessary as aforesaid, then the 
decision of the said appraisers shall be binding on the 
officer and all other persons. 
Ibid, ? 7. 
Property ne- 
cessary for 
the support 
of the owner 
and family 
not to be im- 
pressed. 
435. Where property has been impressed for tem- 
porary use, and is lost or destroyed without the de- 
fault of the owner, the Government of the Confeder- 
ate States shall pay a just compensation therefor, to 
be ascertained by appraisers appointed and qualified 
as provided in the first section of this act. If such 
property when returned has, in the opinion of the 
owner, been injured while in the public use, the 
amount of damage thereby sustained shall be deter- 
mined in the manner described in the third section of 
this act, the officer returning the property being 
authorized to act on behalf of the government; and 
upon such inquiry, the certificate of the value of the 
property, when originally impressed, shall be received 
as prima facie evidence of the value thereof. 
Ibid. 5 s. 
Property im- 
pressed for 
temporary 
use, and de- 
stroyed. to 
be paid for. 
436. Where slaves are impressed by the Confederate 
government to labor on fortifications or other public 
works, the impressment shall be made by said gov- 
ernment according to the rules and regulations pro- 
vided in the laws of the state wherein they are impress- 
ed; and, in the absence of such law, in accordance 
with such rules and regulations, not inconsistent with 
the provisions of this act, as the Secretary of War 
shall from time to time prescribe: Provided, That no 
impressment of slaves shall be made when they can 
Ibid, i a. 
Impress- 
ment of 
slaves; how 
regulated. 148 
DIGEST OF 
be hired or procured by the consent of the owner or 
agent [179]. 
Ibid, 110. 
Certain 
slaves not to 
be impress- 
ed. except 
in case of 
urgent 
necessity. 
437. That previous to the first day of December 
next no slave, laboring on a farm or plantation ex- 
clusively devoted to the production of grain and pro- 
visions, shall be taken for the public use without the 
consent of the owner, except in case of urgent neces- 
sity. 
forpreced- 
ingsection, 
438. That the tenth section of the act of which this 
is an amendment be stricken out, and the following 
inserted instead thereof: 
“No slave laboring on a farm or plantation exclu- 
sively devoted to the production of grain or provi- 
sions shall be taken for public use, without the con- 
sent of the owner, except in case of urgent necessity, 
and upon the order of the general commanding the 
department in which said farm or plantation is situ- 
ated.” 
March 26, 
1863, ? 11, 
ch. 10'. 
Penalty for 
violating 
provisions of 
this act. 
439. That any commissioned or non-commissioned 
officer or private who shall violate the provisions of 
this act shall be tried before the military court of the 
corps to which he is attached, on complaint made by 
the owner or other person, and, on conviction, if an 
officer, he shall be cashiered, and put into the ranks as 
a private; and if a non-commissioned officer or pri- 
vate, he shall suffer such punishment, not inconsist- 
ent with military law, as the court may direct. 
April 27, 
1863. ch. 44. 
Impressing 
officer to ap- 
prove or dis- 
approve ap- 
praisements. 
440. That in all cases of appraisement provided for 
in said act [428], the officer impressing the property 
shall, if he believe the appraisement to be fair and just, 
endorse upon it his approval; if not, he shall endorse 
upon it his reasons for refusing, and deliver the same, 
with a receipt for the property impressed, to the own- 
er, his agent, or attorney, and, as soon as practicable, 
forward a copy of the receipt and appraisement, and 
his endorsement thereon, to the board of appraisers 
appointed by the President and the governor of the 
state, who shall revise the same and make a final 
valuation, so as to give just compensation for the prop- 
erty taken, which valuation shall be paid by the 
Final 
valuation. MILITARY LAWS. 
proper department for the use of which the property 
was taken, on the certificate of the appraisers, as 
provided in the act of which this is amendatory. 
441. That the act amendatory [440] of the above 
recited act (approved April twenty-seventh, eighteen 
hundred and sixty-three), and so much of the first 
section of said act [428] as requires an affidavit to be 
made by the owner or his agent that such property 
was grown, raised, or produced by said owner, or held, 
or has been purchased by him, not for sale or specula- 
tion, but for his own use or consumption, be and the 
same is hereby repealed. 
Feb. 16,1864 
? 6, ch. 43. 
Repeal of 
foregoing 
act. 
Affidavit of 
owner or 
agent. 
442. That in all cases where property is impressed 
for the use of the army and navy, or for other public 
use, under said act, the same shall be paid for at the 
time of said impressment, unless an appeal shall be 
taken from said valuation, as hereinafter provided, 
according to the valuation agreed upon between the 
parties, or ascertained by loyal and disinterested citi- 
zens of the city, county, or parish in which the im- 
pressment may be made, in the manner and according 
to the regulations provided in the first, second, and 
third sections of the above recited act, or in the eighth 
section thereof, where it is applicable. 
Feb. 16,1864 
§ 1, ch. 43. 
Property to 
be paid for 
at the time 
unless an ap- 
peal is 
taken. 
443. Whenever the officer making the impressment 
of property under the act hereby amended shall 
believe that the appraisement is fair and just, he shall 
endorse his approval upon the appraisement, and 
make payment accordingly; but if he shall believe 
that it is not fair and just, then he shall refuse to ap- 
prove, and endorse the reasons of his refusal on the 
certificate, and shall have the right to appeal from the 
decision of the appraisers, by reporting the case to 
the commissioners appointed under said act to which 
this is an amendment, for their decision, whose judg- 
ment shall be final; and in the meantime the property 
shall be held and appropriated by the officer impress- 
ing the same, who shall give a receipt therefor to the 
owner, who shall also have the right of appeal as 
herein provided. 
Ibid, 12. 
Impressing 
officer to en- 
dorse his ap- 
proval or re- 
fusal of ap- 
praisement. 
Appeal. 
444. The said commissioners shall have power to 
Ibid, § 3. 
Commission- DIGEST OF 
era may 
summon 
witnesses. 
summon and examine witnesses to enable them to fix 
the value of property impressed, which shall be a just 
compensation for the property so impressed, at the 
time and place of impressment; and when the com- 
missioners shall have fixed the value of property in 
cases of appeal, they shall furnish the owner and 
impressing officer with a statement of such value, 
which valuation by the commissioners shall be within 
three months from the time of impressment. 
Valuation. 
Ibid, g 4. 
Oath to be 
taken. 
445. That said commissioners shall be sworn faith- 
fully to discharge all their duties under this act and 
the act to which this is an amendment. 
Ibid. {} 7. 
No impress- 
ment for 
benefit of 
contractors. 
446. That no impressment shall be made under this 
act, or the act to which this is amendatory, for the 
use or benefit of contractors with the government. 
Ibid. g S. 
As to ap- 
peals. 
447. Nothing in this act shall be construed to 
authorize the impressing officer to enter an appeal 
from any decision of the local appraisers, under the 
seventh section of the act to which this is amenda- 
tory. 
Feb. 17.1864 
2 1. ch 52. 
Impress- 
ment of 
meat. 
448. That whenever the President shall declare that 
the public exigencies render it necessary, impress- 
ments of meat for the use of the army may be made 
from any supplies that may exist in the country, 
under the express condition that just compensation 
shall be afforded to the owner of the meat taken or 
impressed, and subjected to the following restrictions 
and limitations: 
Ibid. g 2. 
Quantity al- 
lowed to be 
retained. 
449. The power to direct such impressments shall 
be conferred upon the Secretary of war; but he shall 
not reduce the supplies of any person below one-half 
of the quantity usually allowed for the support of 
himself, his family, and dependents for the year. He 
shall exercise the said power by orders directed to the 
officers or agents he may employ, who shall have 
explicit instructions as to the mode of its execution, 
and injunctions that the same shall not be abused. 
Mode of ex- 
ercising the 
powers 
granted. 
Ibid, l 3. 
Notice to be 
given to 
owner of the 
quantity re- 
quired, etc. 
450. That these orders shall direct that a notice 
shall be given to the owner of the meat needed, his 
bailee, or other agent, declaring the quantity required, 
the price offered, the existence of a necessity, and MILITARY LAWS. 
whether possession is to be taken of the same imme- 
diately, and with whom the risk of the safe-keeping 
is to be, pending the negotiation, and in what manner 
the compensation shall be settled in case the offer is 
not accepted—service of which notice shall be a con- 
dition precedent to any impressment or seizure by 
the impressing officer. 
451. That upon the servico of this notice upon the 
owner of any meat liable to impressment, the owner 
shall hold the same, subject to the claim of the Con- 
federate States, and shall be entitled to just compen- 
sation, according to the provisions of this act; and if 
the necessity is declared by the impressing officer to 
be urgent, he shall deliver the possession to the im- 
pressing officer upon his demand, who shall give a 
receipt therefor, as provided in the sixth section of 
this act. 
Ibid, \ i. 
Duty of own- 
er on notice 
being served 
452. That for the ascertainment of the quantity of 
meat liable to impressment under this act, and also of 
just compensation for the same, where the owner and 
impressing officer can not agree, the impressing officer 
shall appoint one loyal and disinterested citizen of the 
county, district, or parish in which the meat impressed 
shall be at the time of impressment; and the owner of 
the meat so impressed, his agent, or other bailee, shall 
appoint another, who shall, upon oath, ascertain the 
quantity liable to impressment, and the value of the 
same at the date of the notice served upon the party, 
which oath may be administered by the impressing 
officer, and which ascertainment of the quantity and 
value shall be conclusive evidence thereof; and if 
the assessors can not agree, they may associate with 
them a third person, of like qualifications, to make 
said assessments. 
Ibid, § 5. 
Mode of as- 
certaining 
quantity 
and compen- 
sation. 
453. That whenever an impressment shall be made 
under this act, it shall be the duty of the impressing 
officer to give an official certificate, showing the quan- 
tity taken, the company, battalion, regiment, or other 
command for whose use it is required, the compensa- 
tion to be paid, the circumstances of necessity that 
existed—which certificate shall be evidence of a claim 
Ibid, ? 6. 
Certificate 
of impress- 
ing officer. 152 
DIGEST OF 
Payment. 
against the Confederate States, and shall be promptly 
paid by the disbursing officer of the command for 
which the meat was taken, or by the chief of the 
bureau having charge of disbursements for similar 
objects. 
IX—MANUFACTURE OF SALTPETRE 
AND SMALL-ARMS * AND MINES FOR THE 
PRODUCTION OF COAL AND IRON. 
454. Establishment of factories. Advances by the government. Con- 
ditions. 
455. Enlargement of existing factories. 
456. Coal and iron mines. Contracts for purchase of coal and iron. 
457. Sequestered land on which are mines of copper, iron, etc., etc. 
April 17, 
1862. § 1, 
ch. 34. 
Establish- 
ment of fac- 
tories. Al- 
lowances by 
the govern- 
ment. 
454. The Congress of the Confederate States of America 
do enact, That any person or persons who may propose 
to establish, within the limits of the Confederate States, 
a manufactory or manufactories of saltpetre, and of 
small-arms adapted to the use of the army, shall be 
entitled to receive from the government an advance 
of fifty per cent, of the amount required for the erec- 
tion and preparation of the works and machinery nec- 
essary to such manufactory or manufactories, to be 
repaid without interest in the product of such manu- 
factory or manufactories, at a price to be agreed upon 
before such advance shall be made, and subject to the 
following conditions, to wit: First, That the con- 
tractor or contractors shall submit to the President a 
plan of the proposed works, showing their location, 
nature, and extent, together with a sworn estimate of 
their probable cost, and a detailed account under oath 
of the amount already expended on the same, which 
amount shall be at least twenty-five per cent, of the 
entire estimated cost of such work. Second, That the 
amount so advanced shall be paid in instalments as 
the works shall progress toward completion. Third, 
That the proposed enterprise and works shall be ap- 
Conditions. 
* See ''arms and munitions,” 388 ft seq. MILITARY LAWS. 
proved by the President. Fourth, That the con- 
tractor or contractors shall enter into bond, with suffi- 
cient security, to be approved by the President, in the 
penalty of double the amount proposed to be advanced, 
and conditioned that the principal obligor or obligors 
shall well and truly, by a certain time (which may be 
extended by the President, if he thinks proper) named 
in the bond, proceed to erect, complete, and put into 
effective operation the manufactory or manufactories 
proposed; that he or they will expend the sum named 
for these purposes; that he or they will appropriate the 
money advanced by the government to such purpose 
and to no other use or purpose, and, as far as practica- 
ble, keep the property insured; and that he or they 
will repay the same from the merchantable articles 
manufactured, to be delivered at such times and in 
such quantities as may be agreed upon—the same, in 
all cases, to be inspected by a government officer before 
it is received—until he or they shall fully repay to the 
Confederate States, in the article and at the price 
stipulated for, the sum advanced; that the contractor 
or contractors shall subscribe a written oath, endorsed 
upon the back of said bond, wThich may be administer- 
ed by any one authorized to administer an oath, that 
said advance is asked for the purposes specified in this 
act, and no other, and that he or they will so apply 
said funds, which may thus be advanced; and a wil- 
ful and corrupt violation of this oath shall be deemed 
perjury, and punishable by imprisonment for not less 
than three nor more than ten years. 
455. The provisions of this act shall apply to eases 
of enlargement of manufactories of saltpetre and of 
small-arms now established or being established with- 
in the Confederate States, but the advances made in 
such cases shall only be fifty per cent, upon the 
amount proposed to be invested in the enlargement of 
such manufactory or manufactories; and no now ex- 
isting investment in such manufactory or manufac- 
tories shall be computed or taken into account in de- 
termining such fifty per cent. 
Ibid, § 2. 
Enlarge- 
ment of ex- 
isting facto- 
ries. 
456. That the provisions of the act entitled “An 
April 19, 
1862, ch. 41. DIOK8T OF 
Coal and 
iron m ues. 
act to encourage the manufacture of saltpetre and of 
small-arms” [454'] shall also apply to all establish- 
ments or mines for the production of coal, and for the 
production and manufacture of iron; and that, in addi- 
tion to the advance of fifty per cent, therein men- 
tioned, the President be and he is hereby authorized 
to enter into contracts for the purchase of coal and 
iron, in such quantities as may probably be required 
for a sories of years, not exceeding six, and to make 
advances thereon not exceeding one-third of the 
amount of such contract. 
Contracts 
for purchase 
of coal and 
iron. 
April 2, 
1863, ch. 11. 
Sequestered 
land on 
which are 
mines of 
copper, iron, 
etc., etc. 
457. That any district court of the Confederate 
States may, in its discretion, direct any of its receivers 
to lease out any sequestered land within his district, 
on which are any mines or beds of copper, lead, iron, 
coal, saltpetre, or other minerals, for a period not ex- 
ceeding three years, and in such manner and upon 
such terms as the court may prescribe, and such orders 
may be made either by the court or by the judge 
thereof, in vacation. 
X-MISSOURI. 
458. Aid extended. 
459. Preamble. Co-operation of the President with the state author- 
ities to defend the state. Troops. Officers. Vacancies. 
460. Admission of the state upon certain conditions. 
461. Recognition of the government of the people and State of Mis- 
souri. Alliance. 
462. Missouri admitted. 
463. First election for representatives to Congress. 
464. Number entitled to. 
465. Major-general and brigadier-generals for the troops to be raised 
in Missouri. 
466. Pay. Staff. Duty. 
467. Act when to take effect. 
468. Repeal of act for raising troops in Missouri. 
469. One million dollars to be issued on certain conditions. 
470. To be deducted from amount due. 
471. How to be applied. 
472. One million dollars to be issued on certain conditions. 
473. To be deducted from amount due. 
474. Issue of amount authorized by act of January 27, 1862. 
475. Pay of officers and soldiers enrolled under command of Major- 
General Price. 
476. Pay of officers and soldiers of Missouri State Guard. 
477. Conditions of payment. 
478. Appropriation for certain officers and men of the Missouri State 
Guard. MILITARY LAWS. 
155 
458. The Congress of the Confederate States of America 
do enact, That to aid the people of the State of Mis- 
souri in the effort to maintain, within their own limits, 
the constitutional liberty which it is the purpose of 
the Confederate States in the existing war to vindi- 
cate, there shall be and is hereby appropriated, out of 
any moneys in the Treasury not otherwise appropri- 
ated, one million of dollars, to supply clothing, subsist- 
ence, arms, and ammunition to the troops of Missouri 
who may co-operate with those of the Confederate 
States during the progress of the existing war—said 
sum to be expended under the discretion of the Presi- 
dent of the Confederate States, for the purposes afore- 
said. 
Aug. 6.1861. 
ch. 16. Aid 
extended. 
459. Whereas the people of the State of Missouri 
have been prevented, by the unconstitutional inter- 
ference of the Government of the United States, from 
expressing their will through their legally constituted 
authorities in regard to a union with the Confederate 
States of America, and are now engaged in repelling 
a lawless invasion of their territory by armed forces; 
and whereas it is the right and duty of the Confeder- 
ate States to aid the people and government of the 
said state in l-esisting such invasion, and in securing 
the means and the opportunity of expressing their 
will upon all questions affecting their rights and liber- 
ties; now, therefore, 
Aug. 20,1S61 
? l, ch. 24. 
Preamble. 
The Congress of the Confederate States of America do 
enact, That the President of the Confederate States of 
America be and he is hereby authorized to co-operate, 
through the military power of this government, with 
the authorities and the people of the State of Missouri 
in defending that state against a lawless invasion by 
the United States, and in maintaining the liberty and 
independence of her people; and that he be author- 
ized and empowered, at his discretion, to receive and 
muster into the service of the Confederate States, in 
the State of Missouri, such troops of that state as may 
volunteer to serve in the Army of the Confederate 
States, subject to the rules and regulations of said 
army, and in accordance with the laws of Congress; 
Co-operation 
of the Presi- 
dent with 
the state 
authorities 
to defend 
the state. 
Troopa. 156 
DIGEST OF 
Officers. 
and said troops may be received into service by com- 
panies, battalions, or regiments, with their officers 
elected by the troops, and the officers so elected shall 
be commissioned by the President; and when muster- 
ed into service said companies, battalions, or regi- 
ments may be attached to such brigades or divisions 
as the President may determine; and the President 
shall have power to appoint field-officers for all bat- 
talions and regiments organized out of separate com- 
panies mustered into service, and to add to battalions 
a sufficient number of separate companies to complete 
their organization into regiments, and to appoint the 
additional field-officers necessary for the complete or- 
ganization of the regiments so formed; and all vacan- 
cies that may occur among the commissioned offi- 
cers of troops mustered into service under this act 
shall be filled in the manner provided in the act en- 
titled “ An act for the establishment and organization 
of the Army of the Confederate States of America,” 
approved sixth March, eighteen hundred and sixty- 
one [10]. 
vacancies, 
Ibid, 12. 
Admission of 
the state 
upon certain 
conditions. 
460. That the State of Missouri shall be admitted a 
member of the Confederate Statos of America, upon 
an equal footing with the other states under the con- 
stitution for the provisional government of the same, 
upon the condition that the said constitution for the 
provisional government of the Confederate States 
shall be adopted and ratified by the properly and 
legally constituted authorities of said state, and the 
governor of said state shall transmit to the President 
of the Confederate States an authentic copy of the 
proceedings touching said adoption and ratification 
by said state of said provisional constitution; upon 
the receipt whereof, the President, by proclamation, 
shall announce the fact; whereupon, and without any 
further proceedings upon the part of Congress, the ad- 
mission of said State of Missouri into this Confederacy, 
under said constitution for the provisional govern- 
ment of the Confederate States, shall be considered as 
complete; and the laws of this Confederacy shall be 
thereby extended over said State of Missouri as fully MILITARY LAWS. 
157 
and completely as over other states now composing 
the same. 
461. That the Congress of the Confederate States 
recognize the government of which Claiborne F. Jack- 
son is the chief magistrate to be the legally elected 
and regularly constituted government of the people 
and State of Missouri, and that the President of the 
Confederate States be and he is hereby empowered, at 
bis discretion, at any time prior to the admission of 
the said state as a member of this Confederacy, to 
perfect and proclaim an alliance, offensive and defen- 
sive, with the said government, limited to the period 
of the existing war between this Confederacy and the 
United States—the said treaty or alliance to be in 
force from the date thereof, and until the same shall 
be disaffirmed or rejected by this Congress. 
Ibid, § 3. 
Recognition 
of the gov- 
ernment of 
the people 
and State of 
Missouri. 
Alliance. 
462. That the State of Missouri be and is hereby 
admitted as a member of the Confederate States of 
America, upon an equal footing with the other states 
of the Confederacy, under the constitution of the 
provisional government of the same. 
Nov. 28.1861 
ch. 1. 
Missouri ad- 
mitted. 
463. In case the State of Missouri shall adopt and 
ratify the constitution for the permanent govern- 
ment of the Confederate States of America, the time 
for holding in said state the first election for members 
of the House of Representatives, in the Congress of 
said Confederate States, under said constitution, shall 
be such as may be designated by the legislature of 
said state; which election shall be conducted, in all 
respects, according to said constitution and the law 
of said state, then in force for that purpose; and if 
no provision by law shall have been made for such 
election, then according to the laws heretofore exist- 
ing therein for the election of members of the House 
of Representatives in the Congress of the United 
States. 
Nov. 29,1861 
§ 1, ch. 2. 
First elec- 
tion for 
Representa- 
tives to 
Congress. 
464. The State of Missouri shall be entitled to elect, 
thirteen members to the House of Representatives, 
the same being upon the basis of one member for 
every ninety thousand representative population, and 
one additional member for a fraction over one-half of 
Ibid, l 2. 
Number 
entitled to. 158 
DIGEST OF 
the ratio aforesaid, under the census of the United 
States taken in eighteen hundred and sixty, and being 
the same basis of representation fixed for the seven 
original states in said constitution for permanent 
government. 
Jan. 22,1862 
§ 1, ch. 45. 
Major-gen- 
eral and 
brigadier- 
generals for 
the troops to 
be raised in 
Missouri. 
465. [That the President be and is hereby author- 
ized to nominate, and, by and with the advice and con- 
sent of Congress, to appoint and commission, in the 
Provisional Army of the Confederate States, one ma- 
jor-general and such brigadier-generals to the com- 
mand of troops, now and hereafter to be raised ahd 
organized for the Provisional Army in the State of 
Missouri, as he may think proper. 
Ibid, 2 2. 
Pay. 
466. All officers appointed under the provisions of 
this act shall be entitled to receive pay from the date 
of their respective appointments, and shall be allowed 
the usual staff' appropriate to their rank; and shall be 
assigned to the duty of raising and organizing Con- 
federate forces in said state, with the view of putting 
them and their respective commands in the field at 
the earliest practicable period. 
Staff. 
Duty. 
Ibid.§ 3. 
Act to take 
effect. 
467. This act to take effect from and after its pas- 
sage.]* 
Feb. 17, 1862 
ch. 84. 
Repeal of 
act for rais- 
ing troops in 
Missouri. 
468. That an act entitled “ An act to provide for 
raising and organizing, in the State of Missouri, addi- 
tional troops for the Provisional Army of the Con- 
federate States,” endorsed, “passed January ninth, 
eighteen hundred and sixty-two” [465], be and the 
same is hereby repealed. 
469. That the Secretary of the Treasury is hereby 
directed to issue to the State of Missouri, upon the 
application of the fund commissioners for said state, 
one million dollars in treasury notes, upon the condi- 
tion that the said State of Missouri deposit with the 
Secretary of the Treasury of the Confederate States 
an equal sum in the bonds of the State of Missouri, 
authorized to be issued under an act of the legisla- 
Jan. 27,1862 
31. ch. 56. 
One million 
dollars to be 
Issued on 
certain con- 
ditions. 
* The foregoing act, presented to the President on the 9th of January, 1862, was 
not approved by him, nor returned to the Congress within ten days (Sundays ex- 
cepted) after being presented to him; it therefore became a law on the 22d Janu- 
ary, 1802, but was repealed. See 8?#t MILITARY LAWS. 
159 
ture of said state, entitled “ An act to provide for the 
defence of said state, and for other purposes,” which 
bonds shall be held by the Secretary of the Treasury 
until the accounts of the State of Missouri for ad- 
vances made for military purposes are adjusted, as 
Congress may direct. 
470. That upon the final adjustment of tho accounts 
of the State of Missouri against the Confederate States, 
the sum hereby advanced shall be deducted from the 
amount found due to said state. 
Ibid. ? 2. 
To be de- 
ducted from 
amount due. 
471. The sum hereby appropriated shall be applied 
by the State of Missouri to the payment of troops in 
the service of the said state prior to their muster into 
the Confederate service. 
Ibid. 2 3. 
How to be 
applied. 
472. That the Secretary of the Treasury is hereby 
directed to issue to the State of Missouri, upon the 
application of the fund commissioners for said state, 
one million dollars in treasury notes, upon the condi- 
tion that the said State of Missouri deposit with the 
Secretary of the Treasury of the Confederate States 
an equal sum in the bonds of the State of Missouri, 
authorized to be issued under an act of the legislature 
of said state, entitled “An act to provide for the de- 
fence of the State of Missouri, and for other purposes,” 
which bonds shall be held by the Secretary of tho 
Treasury until the accounts of the State of Missouri 
for the advances made for military purposes are ad- 
justed, as Congress may direct. 
Feb. 15.1862 
? 1, ch. 73. 
One million 
dollars to be 
issued on 
certain con- 
ditions. 
473. That upon the final adjustment of the accounts 
of the State of Missouri against the Confederate 
States, the sum hereby advanced shall be deducted 
from the amount found due to said state. 
Ibid, ? 2. 
To be de- 
ducted from 
amount due. 
474. That the Secretary of the Treasury be author- 
ized to issue to the State of Missouri the sum of one 
million of dollars, authorized by an act entitled “ An 
act for the relief of the State of Missouri,” approved 
the twenty-seventh of January, eighteen hundred and 
sixty-two [469], upon the authorized agent or agents 
of said state first filing with said secretary the sum 
of four hundred and ninety-one thousand five hundred 
dollars, in bonds of said State of Missouri, as provided 
April 9,1862 
ch. 21. 
Issue of 
amount 
authorized 
by act of 
January 27, 
1862. digkst ok 
in said act, and executing a receipt for the remainder 
of such advance, conditioned for the filing of the re- 
mainder of said amount in bonds of the State of Mis- 
souri, whenever the same can be conveniently done: 
Provided, Such remainder in bonds shall be filed with 
said secretary within six months after the passage of 
this act. 
Sept. 23.1862 
?1, ch. 7. 
Pay of 
officers and 
soldiers en- 
rolled under 
command of 
Major-Gen’l 
Price. 
475. That all officers and soldiers belonging to the 
Confederate States service who -were enrolled into 
said service under the command of Major-General 
Sterling Price, in the State of Missouri, shall be allow- 
ed by the quartermasters of the respective corps in 
the Confederate Army to which such officers and sol- 
diers may belong, compensation according to the laws 
of the Confederate States for that period of their ser- 
vice between the time of such troops having been ac- 
tually enrolled in the Confederate service and the 
time of their regular acceptance by the proper author- 
ities as Confederate troops. 
Ibid, § 2. 
Pay of 
officers and 
soldiers of 
Missouri 
State Guard 
476. All officers and soldiers of the Missouri State 
Guard, called into the service of the Confederate States 
by the order of any commanding officer of the Con- 
federate Army, and rendering service to the Confeder- 
ate States under any agreement made between the 
authorities of the State of Missouri and those of the 
Confederate States, shall receive the same pay for the 
time during which such officers and soldiers may have 
been in such service as they would have been entitled 
to receive if belonging to the Confederate Army : 
Provided, however, That all staff officers belonging to 
said Missouri State Guard shall only receive for their 
services the same compensation with staff officers dis- 
charging like duties in the Confederate Army. 
Ibid, l 3. 
Conditions 
of payment, 
477. Before any officer or soldier shall be entitled to 
receive pay under the provisions of the two preceding 
sections, he shall present to the officer to whom he 
may apply for payment, a certificate signed by the 
commandant of the division, brigade, regiment, or 
battalion to which he may have belonged at the time 
of the rendition of service, which certificate shall 
state the precise period during which such officer or MILITARY LAW8. 
161 
soldier was in actual service, as contemplated in the 
first and second sections of this act: And provided, 
further, That the said officer or soldier shall file with 
the disbursing officer with whom his application for 
payment may be made his affidavit that the period 
stated in said certificate is the true and correct time 
of his actual service as aforesaid, and that he is not 
indebted to the Confederate States on any account 
whatever; and thereupon it shall be the duty of any 
officer charged with the payment of troops to pay- 
such claim. 
478. That the sum of seventy-five thousand dollars 
be and is hereby appropriated out of any money in 
the Treasury not otherwise appropriated, to pay the 
officers and men of the Missouri State Guard (after 
their transfer to the Confederate States) who, from 
imprisonment, absence, and other accidental causes, 
have not received their pay, under such rules and 
regulations as the Secretary of War may prescribe. 
April 16, 
1863, ch. 31. 
Appropria- 
tion for cer- 
tain officers 
and men of 
the Missouri 
State Guard. 
XL—NATURALIZATION. 
479. Protection of aliens while in military service. Right to become 
naturalized. Oath. 
480. Who may administer oath. Blank forms of oath. Soldiers to be 
informed of this act. Oaths to be filed and recorded. 
479. That every person not a citizen of one of the 
v a. 
Confederate States engaged in the military service of 
the said Confederate States during the existing war 
against the United States of America, shall thereby, 
and whilst in such service, be under the protection of 
the Confederate States as fully as if he were a citizen 
thereof, the rights of a citizen being to such extent 
hereby conferred, and moreover shall have the right 
to become naturalized, and to become a citizen of any 
one of the Confederate States, and shall thereby be 
entitled to all the rights and privileges of a citizen of 
said state of the Confederate States, upon taking an 
Oath to support the constitution of such state, and well 
Aug. 2a, 
1861 3 1 
ch.3’7: ’ 
of aliens 
military 
vlC0‘ 
Right to 
uraiized. 
oath. 162 
DIGEST OF 
and faithfully to serve the Confederate States of 
America, to maintain and support the constitution 
and laws thereof, and to renounce all allegiance and 
obedience to any foreign government, state, sovereign- 
ty, prince, or potentate, and particularly, by name, the 
government, state, sovereignty, prince, or potentate of 
which he may be, or have been, a citizen or subject, 
and stating which one of the Confederate States he 
intends become a citizen of; but if the state in 
which the said applicant shall have resided next be- 
fore his application shall afterwards become a member 
of this Confederacy, the citizenship of said applicant 
shall remain in said state at his election, notwithstand- 
ing proceedings under this act. 
Ibid, i 2. 
Who may 
administer 
the oath. 
480. The oath prescribed in the preceding section 
may be made by all persons below the rank of colonel, 
before the colonel or commanding officer of the regi- 
ment to which such persons may be attached ; and 
said oath may be made by colonels, and all officers 
superior in rank to colonels, and by all persons enlist- 
ed in the military service of the Confederate States 
not attached to regiments, before any commissioned 
officer of the Confederate States of rank higher than 
that of colonel. And it shall be the duty of the Sec- 
retary of War to provide blank forms of the oath re- 
quired to be taken as aforesaid, and to cause the same 
to be distributed whenever necessary, and to make 
the regulations necessary for informing all persons 
now engaged in the military service of the Confeder- 
ate States of the provisions of this act, and to cause 
all the oaths so taken as aforesaid to be returned to 
the War department: And it shall be further the duty 
of the Secretary of War to file for record, in the dis- 
trict court of the Confederate States for the state and 
district where the capital may be situated, all the 
oaths so returned to the War department as afore- 
said. And it shall be the duty of the clerk of said 
district court to record all oaths of naturalization filed 
with him as aforesaid, and to keep an index of the 
same; for which service he shall be entitled to a fee 
of twenty-five cents for each naturalization oath, to 
Blank forms 
of oath. 
Soldiers to 
be informed 
of this act. 
Oaths to be 
filed and 
recorded. MILITARY LAWS. 
be paid out of the public treasury in the same manner 
as his other fees of office. 
XII.—NITRE AND MINING BUREAU. 
481. Corps of officers for the working of nitre caves, etc. 
482. Their duties. Superintendent to make reports. Organization. 
Bow long to continue. 
482. Nitre bureau established. 
484. Duties and expenditures. Powers of superintendent as to con- 
tracts, etc. 
485. Officers of the Nitre bureau. 
486. Appointment of officers during recess of the Senate. 
481. That for the purpose of procuring a supply of 
nitre, adequate to the wants of the government dur- 
ing the continuance of the war with the United States, 
the President be and he is hereby authorized to ap- 
point a corps of officers, consisting of one superintend- 
ent, with the rank, pay, and allowances of a major of 
artillery, four assistants, with the rank, pay, and al- 
lowances of a captain of artillery, eight subordinates, 
with the rank, pay, and allowances of first lieutenants 
of artillery. 
fApril 11, 
1862, l 1, 
ch. 26. 
Corps of offi- 
cers for the 
working of 
nitre caves, 
etc. 
482. The duties of the officers, under the supervision 
of the Chief of Ordnance, shall be to inaugurate and 
prosecute a system for the efficient working of the 
nitre caves, and to purchase and contract for the de- 
livery of nitre produced within the limits of the Con- 
federate States; to inspect the nitre caves and other 
natural deposits of nitriferous earth, and to report the 
probable annual supply from these sources, and the 
extent and economy, or otherwise, with which they 
are now being worked by private enterprise; to estab- 
lish nitre beds in the vicinity of the principal cities 
and towns of the Confederacy, and to contract for the 
necessary grounds, sheds, etc., and for the offal and 
other materials used in the preparation of nitre beds; 
to diffuse information and to stimulate enterprise in 
the production of an article essential to the successful 
prosecution of the war. The superintendent will 
make reports, at stated periods, to the Chief of Ord- 
L ’ 17 
ibid. ? 2. 
Theirduties 
®up.eri“\ 
report*. 164 
DIGEST OF 
Organiza- 
tion ; how 
long to 
continue. 
nance, to be submitted to the Secretary of War for 
the information of Congress. This organization to be 
continued at the discretion of the President. 
April 22, 
1863. 11, 
ch. 35. 
Nitre 
bureau es- 
tablished. 
483. That the officers authorized and appointed un- 
der the act entitled “An act for the organization of a 
corps of officers for the working of nitre caves, etc.,” 
passed the eleventh of April, one thousand eight hun- 
dred and sixty-two [481], together with such addi- 
tional officers as are authorized by the provisions of 
this act, shall constitute an independent bureau of the 
War department, to be entitled “the Nitre and Mining 
bureau.” 
Ibid, 2 2. 
Duties and 
expendi- 
tures. 
484. That said bureau shall have charge of all the 
duties prescribed in the second section of said act, and 
shall, besides, be charged with all duties and expendi- 
tures connected with the mining of iron, copper, lead, 
coal, etc., so far as it shall be deemed necessary to 
supply the military necessities of the country; and 
the superintendent thereof shall, under the Secretary 
of War, have full power to make such leases of real 
estate and purchases of fixtures as are necessary or 
appurtenant to any mines it may deem expedient to 
open or work on government account; and may also 
contract, subject to the approval of the Secretary of 
War, for such supplies, by purchase or otherwise, of 
all copper, lead, iron, coal, zinc, and such other miner- 
als as may be required for the prosecution of the war. 
Powers of 
superintend- 
ent as to 
contracts, 
etc. 
Ibid, l 3. 
Officer’s of 
the Nitre 
bureau. 
485. That said bureau shall consist of one lieuten- 
ant-colonel as superintendent, three majors as assist- 
ant superintendents, six captains and ten lieutenants, 
in which shall be included the officers of the present 
nitre corps, who shall have the same pay and allow- 
ances prescribed for officers of cavalry [71] of the 
same grades. 
May 1,1863 
?1, ch. 87. 
Appoint- 
ment of Offl' 
cers during 
recess of 
Senate. 
486. That the President be and he is hereby author- 
ized to appoint officers in the Nitre bureau and in the 
engineer troops during the recess of the Senate, to be 
confirmed by the Senate at its next session, and the 
commissions of the officers so appointed shall expire 
at the end of the next session of the Senate, unless 
the same be confirmed. MILITARY LAWS. 
XIII.—NORTH CAROLINA. 
487. First regiment of North Carolina Volunteers received into Con 
federate States service for six months. 
488. Cadets of the North Carolina Institute. 
489. “Lumberton Guards.” 
490. Payment of North Carolina troops. 
487. That the President be and he is hereby author- 
ized to receive and muster into the service of the 
Confederate States of America, the First Regiment of 
North Carolina Volunteers, now stationed at York-, 
town, for the term of six months from the. time they 
were in and mustered into the service of North 
Carolina, and to discharge them after the expiration 
of that period; said period to commence at the time 
the first company of said regiment was mustered into 
the service of North Carolina. 
July 30,1861 
Res. 2. 
1st regiment 
_ of N. C. vol- 
unteers re- 
ceived into 
C. S. service 
for six 
months. 
488. That the cadets from the North Carolina In- 
stitute, at Charlotte, who may have been acting with 
said regiment, be mustered into service in the same 
manner as the residue of the regiment, and recognized 
as part thereof, with the pay of privates. 
Ibid, 0 2. 
Cadets of 
the N. C. 
Institute. 
489. Whereas, it appears that the company of volun- 
teers known as Company D, of the second regiment 
of North Carolina Volunteers, now serving at Sewell’s 
Point, in Virginia (having been organized prior to the 
admission of the State of North Carolina into the 
Confederacy), was enlisted for the period of six 
months only, and has been erroneously enrolled for 
the period of twelve months: 
Dec. 3,1861 
Res. 2. 
“Lumber ton 
Guards” 
(Company 
D, 2d regi- 
ment N. C. 
Volunteers;. 
Resolved, by the Congress of the Confederate States of 
America, That the President be and he is hereby 
authorized to discharge the said company at the expi- 
ration of six months from the period when they were 
sworn in and mustered into the service of North 
Carolina, according to the terms of their enlistment 
as aforesaid. 
To be dis- 
charged ; 
when. 
490. That the troops heretofore raised by the State 
of North Carolina, and afterwards received into the 
service of the Confederate States by the Confederate 
States, shall be paid from the date of their enlist- 
ment. 
May 1, 1883 
ch. 65. 
Payment of 
N. C. troops. 166 
DIGEST OF 
XIV.—PRESIDENT. 
491. To assume control of military operations. 
492. Personal staff. 
493. Officer to sign commissions in the army. 
494. Personal staff increased. 
495. Empowered to make appointments during recess of Congress. 
496. Construction of the foregoing act. 
497. Certain appointments to he continued. 
498. Idem. 
499. Authority to make appointments. 
Feb. 28,1864 
§1, ch. 22. 
To assume 
control of 
military 
operations. 
491. The Congress of the Confederate States of Ameri- 
ca do enact, That to enable the Government of the 
Confederate States to maintain its jurisdiction over 
all questions of peace and war, and to provide for the 
public defence, the President be and he is hereb}' 
authorized and directed to assume control of all mili- 
tary operations in every state, having reference to or 
connection with questions between said states, or any 
of them, and powers foreign to them. 
Aug. 21,1861 
? 4, ch. 34. 
Personal 
staff. 
492. That during the existing war the President 
may, as commander-in-chief of the forces, appoint, at 
his discretion, for his personal staff, two aides-de-camp 
[494], with the rank, pay, and allowances of a colonel 
of cavalry. 
Dec. 7,1861 
ch. 4. 
Officer to 
sign com- 
missions in 
the army. 
493. That the President be and he is hereby author- 
ized to delegate power to one or more officers, to be 
selected by him, to affix the signature of the Presi- 
dent to commissions in the army. 
April 2.1862 
ch. 14. 
Personal 
staff 
increased. 
494. That during the existing war the President 
may, as commander-in-chief of the forces, appoint, at 
his discretion, for his personal staff, four aides-de-camp 
[492], in addition to the number now allowed by law, 
with the rank, pay, and allowances of a colonel of 
cavalry. 
March 16, 
1861, ch. 60. 
Empowered 
to make ap- 
pointments 
during re- 
cess of Con- 
gress. 
495. That during the l’ecess of this Congress the 
President shall have power to make appointments of 
such inferior officers as by the Constitution of this 
Provisional Government the Congress has authority 
to vest in him alone, anything in any law heretofore 
passed to the contrary notwithstanding. 
March 16, 
1861, ch. 69. 
Construc- 
of the fore- 
going act. 
496. That the act described in the caption hereof 
[495] shall be held and construed to authorize the 
President to appoint, during the recess of Congress, MILITARY LAWS. 
167 
all officers, civil, military, and naval, established by 
law: Provided, Such appointments shall be submitted 
to the Congress when it reassembles, for its advice 
and consent. 
497. That the President be authorized to continue 
the appointments made by him in the military and 
naval service during the recess of Congress or the 
present session, and to submit them to Congress at 
its next session. 
May 16,1861 
ch. 23. 
Certain ap- 
pointments 
to be con- 
tinued. 
498. That the President be authorized to continue 
the appointments made by him in the military and 
naval service, during the recesses of Congress, or 
during the last or present session, and to submit them 
to Congress at the commencement of its next session. 
Sept. 3,1861 
ch. 1. 
Idem. 
499. That the President be and he is hereby author- 
ized to fill, by appointment, all offices created, and all 
vacancies which may have occurred, during the pres- 
ent session of Congress: Provided, That said appoint- 
ments shall, at the next session of Congress, be sub- 
mitted to the Senate for its advice and consent: And 
provided, further, That said appointments shall expire 
unless confirmed during the next session of the Sen- 
ate. 
Oct. 13,1862 
Authorityto 
pointments. 
XV-PRISONERS OF WAR. 
[See “ Retaliation” 508 et. seq.] 
500. Preamble. Retaliation authorized. 
501. Aid in money. 
502. Transfer by the captors. Safe custody and sustenance. Rations. 
503. Commissary-General to provide sustenance. 
500. Whereas the Government of the United States 
has placed in irons and lodged in dungeons citizens of 
the Confederate States acting under the authority of 
letters of marque, issued in accordance with the laws 
of the Confederate States, by the President thereof, 
and have otherwise maltreated the same, and have 
seized and confined sundry other citizens of the said 
Confederate States, in violation of all principles of 
humane and civilized warfare: Therefore, 
Aug. 30,1861 
ch. 55. 
Preamble. DIGEST OK 
Retaliation 
authorized. 
Be it enacted by the Congress of the Confederate States 
of America, That the President be and he is hereby 
authorized to select such prisoners taken from the 
United States, and in such numbers as he may deem 
expedient, upon the persons of whom he may inflict 
such retaliation, in such measure and kind, as may 
seem to him just and proper. 
March 25, 
1862, Res, 5. 
Aid in 
money. 
501. That the Secretary of War be authorized to 
apply, out of the contingent fund of the War depart- 
ment, such sums of money, from time to time, as, in 
his judgment, may be necessary for the aid of prison- 
ers of war in the hands of the enemy : Provided, That 
all sums paid any prisoner, or expended for him, shall 
be charged to his account. 
May 21,1861 
? 1, ch. 59. 
■transfer by 
the captors. 
502. That all prisoners of war taken, whether on 
land or at sea, during the pending hostilities with the 
United States, shall be transferred by the captors, 
from time to time and as often as convenient, to the 
Department of War; and it shall be the duty of the 
Secretary of War, with the approval of the President, 
to issue such instructions to the Quartermaster-Gen- 
eral [503] and his subordinates as shall provide for 
the safe custody and sustenance of prisoners of war; 
and the rations furnished prisoners of war shall be 
the same in quantity and quality as those furnished 
to enlisted men in the Army of the Confederacy. 
Safe custody 
and suste- 
nance. 
Rations. 
Feb. 17,1864 
ch. 47. 
Commissary 
General to ' 
provide sus- 
tenance. 
503. That so much of the act of Congress, passed 
May the twenty-first, eighteen hundred and sixty- 
one [502], as makes it the duty of the Quartermaster- 
General, under instructions issued the War depart- 
ment, to provide for the sustenance of prisoners of 
war, is hereby repealed, and hereafter that that duty 
shall devolve on the Commissary-General of Subsist- 
ence, and be discharged by him, subject to the provi- 
sions of the act referred to. MILITARY LAWS 
XVI-PRODUCTION OF PROVISIONS. 
504. Preamble. Recommending the production of provisions. 
505. President requested to issue a proclamation. 
504. Whereas a strong impression prevails through 
the country that the war now being waged against 
the people of the Confederate States may terminate 
during the present year; and whereas this impression 
is leading many patriotic citizens to engage largely 
in the production of cotton and tobacco, which they 
would not otherwise do; and whereas, in the opinion 
of Congress, it is of the utmost importance, not only 
with a view to the proper subsistence of our armies, 
but for the interest and welfare of all the people, that 
the agricultural labor of the country should be em- 
ployed chiefly in the production of a supply of food to 
meet every contingency: Therefore, 
April 4,1863 
$ 1, res. 2.‘ 
Preamble. 
Resolved, by the Congress of the Confederate States of 
America, That it is the deliberate judgment of Con- 
gress that the people of these states, while hoping 
for peace, should look to prolonged war as the only 
condition proffered by the enemy short of subjuga- 
tion ; that every preparation necessary to encounter 
such a war should be persisted in; and that the 
amplest supply of provisions for armies and people 
should be the first object of all agriculturalists; where- 
fore it is earnestly recommended that the people, 
instead of planting cotton and tobacco, shall direct 
their agricultural labor mainly to the production of 
such crops as will ensure a sufficiency of food for all 
classes and for every emergency, thereby, with true 
patriotism, subordinating the hope of gain to the cer- 
tain good of the country. 
Recom- 
mending the 
production 
of provi - 
sions. 
505. That the President is hereby requested to issue 
a proclamation to the people of these states, urging 
upon them the necessity of guarding against the 
great perils of a short crop of provisions, and setting 
forth such reasons therefor as his judgment may dic- 
tate. 
Ibid, 32. 
President 
requested to 
issue a proc- 
lamation. 170 
DIGEST OF 
XVII—PROPERTY DESTROYED. 
506. Cotton, tobacco, etc., may be destroyed; when. 
507. Perpetuation of testimony. Indemnity out of sequestration fund. 
March 17, 
1862, § 1, ch. 
5. Cotton, 
tobacco, etc., 
may be 
destroyed; 
when. 
506. That the military authorities of the Confeder- 
ate Array are hereby authorized and directed to 
destroy cotton, tobacco, military and naval stores, or 
other property of any kind whatever, which may aid 
the enemy in the prosecution of the war, when neces- 
sary to prevent the same, or any part thereof, from 
falling into the hands of the enemy. 
Ibid, ? 2. 
Perpetua- 
tion of testi- 
mony. 
507. That the owners of property destroyed under 
the operation of this act, as well as those persons 
who shall voluntarily destroy their property to pre- 
vent the same from falling into the hands of the ene- 
my, are hereby authorized to perpetuate the testimo- 
ny of such destruction, in the manner prescribed by 
an act of the Provisional Congress, entitled “ An act 
to perpetuate the testimony in cases of slaves abduct- 
ed or harbored by the enemy, and of other property 
seized, wasted, or destroyed by them,” approved 
thirtieth August, eighteen hundred and sixty-one;* 
and such owners and persons shall be entitled to 
indemnity out of the proceeds of property sequester- 
ed and confiscated under the laws of the Confederate 
States, in such manner as Congress may hereafter 
provide. 
Indemnity 
out of se- 
questration 
fund. 
XVIII.—RETALIATION. 
[See “Prisoners of War," 500 et seq.~] 
508. Captives ought to be dealt with by the Confederate government. 
509. Acts of United States authorities in regard to slaves. 
510. Violation by the enemy of the usages of war. 
511. Officers of the enemy commanding negroes ; how punished. 
512. Punishment for exciting servile insurrection. 
513. Trial of offenders. 
514. Negroes engaged in war to be delivered to state authorities when 
captured. 
May 1,1863 
2 1, Res. 5. 
Captives 
ought to be 
508. Resolved, by the Congress of the Confederate States 
of America, in response to the message of the Presi- 
* See Appendix. MILITARY LAWS. 
171 
dent, transmitted to Congress at the commencement 
of the present session, that, in the opinion of Con- 
gress, the commissioned officers of the enemy ought 
not to be delivered to the authorities of the respective 
states, as suggested in the said message, but all cap- 
tives taken by the Confederate forces ought to be 
dealt with and disposed of by the Confederate gov- 
ernment. 
dealt with 
by the Con- 
federate 
government. 
509. That, in the judgment of Congress, the proc- 
lamations 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 the United States and of its 
authorities, commanders, and forces, designed or tend- 
ing to emancipate slaves in the Confederate States, or 
to abduct such slaves, or to incite them to insurrec- 
tion, or to employ negroes in war against the Con- 
federate States, or to overthrow the institution of 
African slavery, and bring on a servile war in these 
states, would, if successful, produce atrocious conse- 
quences, 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. 
ibid, 32. 
Acts of U. S. 
authorities 
in regard to 
slaves, 
510. That in every case wherein, during the present 
war, any violation of the laws or usages of war among 
17 ' & 
civilized nations shall be, or has been done and perpe- 
trated by those acting under the authority of the 
Government of the United States on the persons or 
property of citizens of the Confederate States, or of 
those under the protection, or in the lund or naval 
service of the Confederate States, or of any state of 
the Confederacy, the President of the Confederate 
States is hereby authorized to cause full and ample 
retaliation to be made for every such violation, in such 
manner and to such extent as he may think proper. 
™iationby 
the enemy ‘ 
of the usages 
of war. 
511. That every white person, being a commissioned 
officer, or acting as such, who, during; the present 
' ° ’ ’ o l 
war, shall command negroes or mulattoes in arms 
° 
against the Confederate States, or who shall arm, 
Ibid, § 4. 
Officers of 
the enemy 
command- 
ing negroes; 
how pun- 
ished. DIGEST OF 
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 ser- 
vice, shall be deemed as inciting servile insurrection, 
and shall, if captured, be put to death, or be other- 
wise punished, at the discretion of the court. 
Ibid, g 5. 
Punishment 
for exciting 
servile in- 
surrection. 
612. 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 be otherwise 
punished at the discretion of the court. 
Ibid. 2 6- 
Trial of 
offenders. 
513. Every person charged with an offence punish- 
able under the preceding resolutions shall, during the 
present war, be tried before the military court attach- 
ed to the army or corps by the troops of which he 
shall have been captured, or by such other military 
court as the President may direct, and in such man- 
ner and under such regulations as the President shall 
prescribe, and, after conviction, the President may 
commute the punishment in such manner and on such 
terms as he may deem proper. 
Ibid, §7. 
Negroes en- 
gaged in 
war to be 
delivered to 
state author- 
ities when 
captured. 
514. All negroes and mulattoes who shall be en- 
gaged in war, or be taken in arms against the Con- 
federate States, or shall give aid or comfort to the 
enemies of the Confederate States, shall, when cap- 
tured in the Confederate 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. 
XIX.—SLAVES* 
515. Disposition of slaves when arrested or captured. 
516. Depots for recaptured slaves. 
517. Lists of such slaves to be advertised. 
518. Employment and removal of such slaves. 
* See “Impressments,’- 436,437, 438. See also “Employment of Negroes, 178. 
179. MILITARY LAWS. 
519. To be restored to their owners. 
520. Register to be kept of slaves employed in the army or navy. 
521. Subsistence and regulations. 
522. Captured slaves of hostile Indians; how to be disposed of. 
523. Duties of Superintendent of Indian Affairs with regard thereto. 
524. Facts to be reported to the Commissioner of Indian Affairs. 
515. That every person connected with the army or 
navy of the Confederate States, arresting or coming 
into possession of any slave, by capture from the 
enemy, or otherwise than by lawful authority, shall 
immediately report the same to the commanding offi- 
cer of the post, or brigade, or station to which he may 
be attached. The said commanding officer shall, with 
as little delay as practicable, send the slaves so re- 
ported to the nearest depot described in the next sec- 
tion, with a register of the place and date of their 
arrest: Provided, however, That the said slaves, or any 
of them, may at once be delivered to their respective 
owners, if claim is made and established on satisfactory 
evidence. 
Oct. IS, 1862 
2 1. ch. 62. 
Disposition 
of slaves 
when arrest- 
ed or cap- 
tured. 
516. The Secretary of War shall establish depots 
for recaptured slaves at convenient places, not more 
than five in number in each state, and all slaves cap- 
tured in such state shall be kept in such depots. 
Public notice shall be given of the places so selected. 
Ibid, ? 2. 
Depots for 
recaptured 
slaves. 
517. Lists of the slaves in each of such depots, show- 
ing the name and color of such slaves, the place and 
time of their arrest, and the names of their owners, 
as given by themselves or otherwise ascertained, shall 
be regularly advertised in each state, in one or more 
newspapers of general circulation. 
Ibid, \ 3. 
Lists of such 
slaves to be 
advertised. 
518. While such slaves are in depot, they may be 
employed, under proper guard, on public works ; but 
no slave shall be removed from the depot to which 
they are first carried for at least one month after the 
first advertisement of his being there, nor then, unless 
an exact register is made of the removal, and due ad- 
vertisement made in the newspapers as aforesaid. 
Ibid. I 4. 
Employ- 
ment and 
removal of 
such slaves. 
519. Free access shall be permitted to all persons 
desiring to inspect the said slaves for the purpose of 
identifying them and establishing ownership, and, upon 
Ibid, 15. 
To be restor- 
ed to their 
owners. DIGEST OK 
due proof, they shall be immediately restored to the 
persons claiming them. 
520. It shall further be the duty of the Secretary of 
War to require the names of all slaves in the employ- 
ment of an officer or soldier of the Confederate Army 
or Navy, with the names and residence of their own- 
ers, and of the person by whom hired out, and of the 
officer or soldier hiring, to be reported to his depart- 
ment, and a full register thereof to be kept for public 
inspection. 
Ibid, § 6. 
Register to 
be kept of 
slaves 
employed in 
the army or 
navy. 
Ibid, § 7. 
Subsistence 
and regula- 
tions. 
521. The President shall prescribe regulations for 
carrying this act into effect, and provide for the sub- 
sistence of said slaves while in such depots. 
Feb. 17,1862 
21, ch. 87. 
Captured 
slaves of 
hostile In- 
dians ; how 
to be dispos- 
ed of. 
522. That all negroes who are slaves, belonging to 
hostile Indians who are members or citizens of any 
one of the tribes of Indians friendly to this govern- 
ment, and who have been, or may hereafter be, cap- 
tured by troops or persons in the service of the Con- 
federate States, shall be delivered to the Superintend- 
ent of Indian Affairs west of Arkansas. 
Ibid, § 2. 
Duties of 
superintend- 
ent of In- 
dian Affairs 
with regard 
thereto. 
523. That said superintendent shall carefully inform 
himself of the persons and tribes to whom each negro 
belongs, and shall promptly notify the executive, or 
head chief of the proper tribe or tribes, to receive the 
same, at some convenient place, and shall deliver said 
negro or negroes to said executive or head chief of said 
friendly tribe or tribes, as captured property, to be held 
by said tribe or tribes until such provisions and orders 
shall be made by this government as shall seem just 
and wise, and shall take receipts for the same. 
Ilnd. §3. 
Facts to be 
reported to 
the Commis- 
sioner of In- 
dian Affairs, 
524. That the said superintendent shall, at or before 
the time of such delivery, make out a record, showing 
the name and age and value of each slave received by 
him, and shall report the same, and the fact of such 
delivery, or other disposition of each of said negroes, 
to the Commissioner of Indian Affairs, together with 
all the facts of time, place, and circumstances of the 
capture, and by whom captured; but in no case shall 
any free negro who is so captured be given up by 
virtue of this act. MILITARY LAWS. 
175 
XX-SOUTH CAROLINA. 
526. Appropriation for support of provisional troops at Charleston. 
526. For support of additional troops. 
527. Expenditures by the State of South Carolina for troops employed 
in defence of Charleston harbor, to be provided for. 
528. Appropriation for claims of the state. 
525. The Congress of the Confederate States of America 
do enact, That the following appropriations be made 
for the support of the provisional troops called into 
service by the act aforesaid :f pay of the troops, six 
hundred and fifty-eight thousand six hundred and 
eighty dollars. Forage for officers' horses and quar- 
termaster’s animals and cavalry horses, twenty thou- 
sand six hundred and sixty-two dollars. Subsistence 
for troops, two hundred and seventy thousand dollars. 
Clothing for the troops, two hundred thousand dollars. 
Camp and garrison equipage, eighteen thousand two 
hundred and sixty-seven dollars and seventy-two cents. 
Supplies for the quartermaster’s department, seventy- 
six thousand one hundred and sixty dollars. Fuel for 
troops and hospitals, fifty-nine thousand nine hundred 
and ninety-seven dollars. Medical and hospital de- 
partment, twenty thousand dollars 
March 11. 
1861,\1, 
ch. 37* 
Appropria- 
tion for sup- 
port of pro- 
visional 
troops at 
Charleston. 
526. That the additional sum of eight hundred and 
sixty thousand two hundred and twenty-eight dollars 
and forty-five cents is hereby appropriated for the 
support of two thousand additional troops, to be called 
into the service of the Confederate States for twelve 
months, at Charleston, South Carolina, whenever, in 
the discretion of the President, their services may be 
required. 
Ibid, <S 2. 
For support 
of additional 
troops. 
527. That the expenditures made by the State of 
South Carolina for the pay and maintenance of the 
troops employed in the defence of the Charleston har- 
bor, under the command of Brigadier-General Beau- 
regard, were intended to be provided for bjr an act 
May 10, IS61 
Res. 3. 
Expendi- 
tures by the 
State of 
South Caro- 
lina for 
troops em- 
ployed in 
defence of 
Charleston 
harbor to he 
provided for. 
* Title : An act making appropriations for the support of three thousand men 
for twelve months, to be called into service at Charleston, South Carolina, under 
the third and fourth sections [84, 86] of an act of the Congress “To raise pro- 
visional forces for the Confederate States of America, and for other purposes.” 
T An act to raise provisional forces for the Confederate States of America, and for 
other purposes [84, 861. 176 
DIGEST OF 
[525] making appropriations for the support of three 
thousand men, for twelve months, to be called into 
service at Charleston, South Carolina, under the third 
and fourth sections [84, 85] of an act of the Congress 
to raise provisional forces for the Confederate States 
of America, and for other purposes; and that the 
amount of such expenditures be audited by the proper 
officer of the Treasury department, and that the 
amount which shall be found due be paid to the State 
of South Carolina from the appropriation made by 
the act aforesaid. 
Dec. 14,1861 
Res. 5. 
Appropria- 
tion for 
claims of the 
state. 
528. That the sum of two hundred and fifty thou- 
sand dollars be and is hereby appropriated, as an ad- 
vance on account of any claims of the State of South 
Carolina upon the Confederate States; and that the 
same be paid to such person as may be authorized by 
the Legislature of South Carolina to receive the same. 
XXI—TAXES. 
I.—Tax in kind. Act of April 24, 1863. 
529. What each farmer and planter may reserve. Tax on remainder. 
530. Commutation for sweet potatoes. 
531. Tobacco to he collected by agents appointed by Secretary of the 
Treasury. 
632. How and when to be delivered. 
533. Qualities of tobacco. 
634. Repeal of conflicting laws. 
635. AVhen cotton, etc., has been destroyed, tax to be refunded. 
536. Remission of tax in proportion to loss. 
537. Slaughtered hogs. Cattle, horses, etc. 
538. Equivalent for bacon to be delivered in salt pork. 
639. Post quartermasters. Collection and distribution of articles. 
540. Duration of the act. 
541. What each farmer may reserve. Tax on remainder. Persons 
exempt. 
642. Slaughtered hogs. Cattle, horses, mules, etc. 
543. Post quartermasters. Collection and distribution of articles. 
544 Assessors: their appointment, duties, etc. 
545. Duration of the act. 
II.—Tax in kind. Act of February 17, 1864. 
. III.—Exemptions from taxation. 
646. Salaries of persons in military or naval service. 
547. Daily wages of detailed soldiers. 
548. Salaries of persons in military or naval service. 
549. Property of certain persons of a specified value. MILITARY LAWS. 
177 
I. Tax in kind. Act of April 24, 1863. 
529. Bach farmer and planter in the Confederate 
States, after reserving for his own use fifty bushels of 
sweet potatoes and fifty bushels of Irish potatoes, 
one hundred bushels of the corn, or fifty bushels of 
the wheat produced in the present year, shall pay and 
deliver to the Confederate government, of the pro- 
ducts of the present year, one-tenth of the wheat, 
corn, oats, rye, buckwheat, or rice, sweet [530] and 
Irish potatoes, and of the cured hay and fodder; 
also, one-tenth of the sugar, molasses made of cane, 
cotton, wool, and tobacco; the cotton ginned and 
packed in some secure manner, and tobacco shipped 
and packed in boxes, to be delivered by him on or 
before the first day of March in the next year. Each 
farmer or planter, after reserving twenty bushels of 
peas or beans, but not more than twenty bushels of 
both, for his own use, shall deliver to the Confederate 
government, for its use, one-tenth of the peas, beans, 
and ground-peas produced and gathered by him dur- 
ing the present year. As soon as the aforesaid crops 
are made ready for market, the tax-assessor, in case 
of disagreement between him and the tax-payer, 
shall proceed to estimate the same in the following 
manner: The assessor and the tax-payer shall each 
select a disinterested freeholder from the vicinage, 
who may call in a third in case of a difference of 
opinion, to settle the matter in dispute; or if the tax- 
payer neglects or refuses to select one such freeholder, 
the said assessor shall select two, who shall proceed 
to assess the crops as herein provided. They shall 
ascertain the amount of the crops either by actual 
measurement or by computing the contents of the 
rooms or houses in which they are held, when a cor- 
rect computation is practicable by such a method, and 
the appraisers shall then estimate, under oath, the 
quantity and quality of said crops, including what 
may have been sold or consumed by the producer 
prior to said estimate, whether gathered or not, and 
the value of the portion thereof to which the govern- 
April 24, 
1863, § 11, 
ch. 38. 
WUat each 
farmer and 
planter may 
reserve. 
Tax on re- 
mainder. 178 
DIGEST OF 
ment is entitled, and shall give a written statement 
of this estimate to the said collector and a cop>y of 
the same to the producer. The said producer shall 
be required to deliver the wheat, corn, oats, rye, 
buckwheat, rice, peas, beans, cured hay and fodder, 
sugar, molasses of cane, wool, and tobacco, thus to be 
paid as a tithe in kind, in such form and ordinary 
marketable condition as may be usual in the section 
in which they are to be delivered, and the cotton in 
such manner as hereinbefore provided, within two 
months from the time they have been estimated as 
aforesaid, at some depot not more than eight miles 
from the place of production, and if not delivered by 
that time, in such order, he shall be liable to pay fifty 
per cent, more than the estimated value of the por- 
tion aforesaid, to be collected by the tax-collector as 
hereinafter prescribed : Provided, The government 
shall be bound to furnish to the producer sacks for 
the delivery of such articles of grain as require to be 
put in sacks for transportation, and shall allow to the 
producer of molasses the cost of the barrels contain- 
ing the same. The said estimate shall be conclusive 
evidence of the amount in money of tax due by the 
producer to the government, and the collector is here- 
by authorized to proceed to collect the same by issu- 
ing a warrant of distress from his office, under his 
signature, in the nature of a writ of fieri facias, and 
by virtue of the same to seize and sell any personal 
property on the premises of the tax-payer or else- 
where, belonging to him, or so much thereof as may 
be necessary for the purpose of paying the tax, and 
the additional fifty per cent, aforesaid and costs; and 
said sale shall be made in the manner and form and 
after the notice required by the laws of the several 
states for judicial sales of personal property, and the 
said warrant of distress may be executed by the tax- 
collector or any deputy by him appointed for that 
purpose, and the deputy executing the warrant shall 
be entitled to the same fees as are allowed in the 
respective states to sheriffs executing writs of fieri 
facias, said fees to be paid as costs by the tax-payer : 
Articles, 
when and 
how to be 
delivered. 
Collector 
to issue 
warrant of 
distress in 
case of de- 
fault. 
Fees 
allowed. MILITARY LAWS. 
179 
Provided, That in all cases where the assessor and the 
tax-payer agree on the assessment of the crops, and 
the value of the portion thereof to which the gov- 
ernment is entitled, no other assessment shall be 
necessary; but the estimate agreed on shall be re- 
duced to writing and signed by the assessor and tax- 
payer, and have the same force and effect as the 
assessment and estimate of disinterested freeholders 
hereinbefore mentioned; and two copies of such as- 
sessment and estimate, thus agreed on and signed as 
aforesaid, shall be made, and one delivered to the pro- 
ducer and the other to the collector: And provided, 
further, That the assessor is hereby authorized to 
administer oaths to the tax-payers and to witnesses 
in regard to any item of the estimate herein required 
to be made : And provided, further, When agricultu- 
ral produce in kind is paid for taxes, if payment be 
made by a tenant who is bound to pay his rent in 
kind, the tenth part of said rent in kind shall be paid 
in kind by the tenant to the government as and for 
the tax of the lessor on said rent, and the receipt of 
the government officer shall release the lessor from 
all obligation to include said rent in kind in his state- 
ment of income, and discharge the tenant of so much 
.of his rent to the lessor. 
Assessor to 
administer 
oaths. 
In case ten- 
ant pays bis 
rent in kind. 
530. That so much of section eleven of “An act to 
lay taxes for the common defence, and carry on the 
Government of the Confederate States,” approved 
April twenty-fourth, eighteen hundred and sixty-three 
[529], as requires farmers and planters to pay one- 
tenth of the sweet potatoes produced in the present 
year to the Confederate government, be so amended 
as to authorize the producers of sweet potatoes in the 
year eighteen hundred and sixty-three, to make com- 
mutation by payment of the money value of the tithe 
thereof, instead of payment in kind, at rates to be fixed 
by the commissioners under the Impressment act. 
Dec. 28, 1863 
ch. 1. 
Commuta- 
tion for 
sweet pota- 
toes. 
531. That the tax in kind of one-tenth imposed by 
said act [529] upon ail tobacco grown in the Confed- 
erate States, instead of being collected by the post 
quartermaster [539], shall be collected by the agents 
Jun. 30,1864 
i 1, ch. 17. 
Tobacco to 
be collected 
by agents 
appointed by 
Secretary of 
Treasury. D1GKST 01 
appointed by the Secretary of the Treasury to collect 
and preserve tobacco, and the tax-assessor shall trans- 
fer their estimates of the tobacco due from each plant- 
er or farmer, specifying both quantity and quality, 
to the said agents or their duly authorized sul}-agents, 
taking their receipts therefor, and shall also transmit 
a copy of these estimates to the Chief of the Produce 
Loan Office, and when said tobacco has been collected 
the said agent shall be liable for its safe custody. 
Ibid, g 2. 
How and 
when to be 
delivered. 
532. That each farmer and planter, not earlier than 
the first day of June, nor later than the fifteenth day 
of July, shall deliver his tithe of tobacco in prizing 
order, put up in convenient parcels for transportation, 
at the nearest prizing depot, of which there shall be 
not less than one established in each county by the 
agents for the collection and preservation of tobacco, 
where the said tobacco shall be prized, and securely 
packed in hogsheads, or other packages, suitable for 
market, by said agents. 
Ibid, g 3. 
Qualities of 
tobacco. 
533. That the tax-assessor shall require a statement 
from each farmer or planter as to the different quali- 
ties of tobacco raised by him, and shall assess, as due 
the Confederate States, one-tenth of each of said quali- 
ties, which shall be stated separately in his estimates, 
and shall be delivered separately by the farmer or 
planter at the prizing depots. 
Ibid, g 4. 
Repeal of 
conflicting 
laws. 
534. All acts and parts of acts inconsistent with the 
foregoing, are hereby repealed. 
Feb. 13,1864 
g1. ch. 32. 
When cot- 
ton, etc., 
has been 
destroyed. 
535. That when cotton or other property subject to 
taxation in money, shall have been burned or other- 
wise destroyed, by authority of the government, be- 
fore the expiration of the time iixed by law for the 
payment of the tax thereon, the tax-payer may apply 
to the district collector, who shall investigate the facts 
and make report thereof to the state collector, who 
may, if satisfied of such destruction by government 
authority, remit the said tax. If the tax in any such 
case shall have been paid in advance, it shall be re- 
funded by the state collector. The tax-payer shall, in 
every such case, have the right of appeal to the Sec- 
retary of the Treasury. 
Tax to be 
refunded. MILITARY LAWS. 
181 
536. That in all cases where the crop out of whifch 
the tax in kind is to be paid has been taken or de- 
stroyed by the enemy, the district collector may remit 
the tax, in whole or in part, according to the extent 
of the loss sustained by the tax-payer : Provided, That 
the facts in each case shall be reported to the tax-col- 
lector, and the remission shall not be valid until ap- 
proved by him: And -provided,further, That in case 
the loss be sustained prior to assessment, the assessor, 
on satisfactory proof thereof, may make deduction 
therefor in proportion to the loss. 
Ibid, 2 2. 
Remission of 
tax in pro- 
portion to 
loss. 
537. That every farmer, planter, or grazier shall 
exhibit to the assessor, on or about the first of March, 
eighteen hundred and sixty-four, an account of all the 
hogs he may have slaughtered since the passage of 
this act and before that time; after the delivery of 
this estimate to the post quartermaster hereinafter 
mentioned by the assessor, the said farmer, planter, or 
grazier shall deliver an equivalent for one-tenth of the 
same in cured bacon [538], at the rate of sixty pounds 
of bacon to the one hundred weight of pork. That 
on the first of November next, and each year there- 
after, an estimate shall be made, as hereinbefore pro- 
vided, of the value of all neat cattle, horses, mules not 
used in cultivation, and asses, owned by each person in 
the Confederate States, and upon such value the said 
owners shall be taxed one per cent., to be paid on or 
before the first day of January next ensuing. If the 
grazier, or planter, or farmer shall have sold beeves 
since the passage of this act, and prior to the first day 
of November, the gross proceeds of such sales shall be 
estimated and taxed as income, after deducting there- 
from the money actually paid for the purchase of such 
beeves, if they have been actually purchased, and the 
value of the corn consumed by them. The estimate 
of these items shall be made in cases of disagreement 
between the assessor and tax-payer as herein pre- 
scribed in other cases of income tax; and on each 
succeeding first day of November the beeves sold 
during the preceding twelve months shall be estimated 
and taxed in the same manner. 
April 24, 
1863, ? 12, 
ch. 38. 
Slaughtered 
hogs. 
Equivalent 
for one- 
tenth to be 
delivered in 
bacon. 
Estimate of 
cattle, 
horses, etc. 
Referees. DIGEST OF 
Dec. 28.1863 
ch. 2. 
Equivalent 
for bacon to 
be delivered 
in salt pork. 
538. That assistant quartermasters and other agents 
engaged in the collection of tax in kind may be au- 
thorized, under orders and regulations made by the 
Secretary of War, to demand and receive, in commu- 
tation for the tax in kind on bacon [537], an equiva- 
lent therefor in salt pork. 
April 24, 
1863. jj 13, 
ch. 38.' 
Post quar- 
termasters. 
539. That the Secretary of War shall divide the 
service of the Quartermaster’s department into two 
branches—one herein denominated post quartermas- 
ters, for the collection of the articles paid for taxes in 
kind, and the other for distribution to the proper 
points for supplying the army, and for delivering cot- 
ton and tobacco [531] to the agents of the Secretary 
of the Treasury. The tax-assessor shall transfer the 
estimate of articles due from each person, by way of a 
tax in kind, to the duly authorized post quartermas- 
ter, taking from the said quartermaster a receipt, 
which shall be filed as a voucher with the chief collec- 
tor in settling his account, and a copy of this receipt 
shall be furnished by the chief collector to the auditor 
settling the post quartermaster’s account as a charge 
against him. The post quartermaster receiving the 
estimate shall collect from the tax-payer the articles 
which it specifies, and which he is bound to pay and 
deliver as a tax to the Confederate government. The 
post quartermaster shall be liable for the safe custody 
of the articles placed in his care, and shall account for 
the same by showing that, after proper deductions 
from unavoidable loss, the residue has been delivered 
to the distributing agents, as evidenced b}' their re- 
ceipts. The said post quartermaster shall also state 
the accounts of the quartermasters receiving from 
him the articles delivered in payment of taxes in kind 
at his depot, and make a monthly report of the same 
to such officer as the Secretary of War may designate: 
Provided, That in case the post quartermaster shall be 
unable to collect the tax in kind specified in the esti- 
mate delivered to him as aforesaid, he shall deliver to 
the district tax-collector said estimate as a basis for 
the distress warrant authorized to be issued, and take 
a receipt therefor, and forward the same to the chief 
Collection of 
articles. MILITARY LAWS. 
tax-collector as a credit in the statement of the ac- 
counts of said post quartermaster: Provided, That 
any partial payment of said tax in kind shall be en- 
dorsed on said estimate before delivering the same to 
the district tax-collector as aforesaid, and the receipt 
given to him therefor by the district tax-collector 
shall specify said partial payment. When the articles 
thus collected through the payment of taxes in kind 
have been received at the depot as aforesaid, they 
shall be distributed to the agents of the Secretary of 
the Treasury, if they consist of cotton, wool, or tobac- 
co. or if they be suitable for forage or subsistence, to 
such places and in such manner as the Secretary of 
War may prescribe. Should the Secretary of War 
find that some of the agricultural produce thus paid 
in and suitable for forage and subsistence has been, or 
will be, deposited in places where it can not he used 
either directly or indirectly, for these purposes, he 
shall cause the same to be sold, in such manner as he 
may prescribe, and the proceeds of such sale shall be 
paid into the Treasury of the Confederate States. 
Should, however, the Secretary of War notify the 
Secretary of the Treasury that it would be impracti- 
cable for him to collect or use the articles taxed in 
kind, or any of them, to be received in certain dis- 
tricts or localities, then the {Secretary of the Treasury 
shall proceed to collect in said districts or localities 
the money value of said articles specified in said esti- 
mate and not required in kind, and said money value 
shall be due on the first day of January in each and 
every year, and be collected as soon thereafter as 
practicable. 
Distribution 
540. This act shall be in force for two years after 
the expiration of the present year, and the taxes 
herein imposed for the present year shall be levied 
and collected each year thereafter in the manner and 
form herein prescribed, and for the said time of two 
years, unless this act shall be sooner repealed: Pro- 
vided, The tax on naval stores, flour, wool, cotton, to- 
bacco, and other agricultural products of the growth 
of any year preceding the year eighteen hundred and 
ibid, i is. 
Duration of 
the act. 184 
DIGEST OF 
sixty-three, imposed in the first section of this act, 
shall be levied and collected only for the present year. 
II. Tax in Kind—Act of February 17, 1864. 
Feb. 17,1864 
? 10, ch. 66. 
What each 
farmer may 
reserve. 
Tax on 
remainder. 
541. That each farmer and planter in the Confeder- 
ate States shall pay and deliver to the Confederate 
government, of the products of the present year, one- 
tenth of the wheat, corn, oats, rye, buckwheat, or 
rice, Irish potatoes, and of the cured hay and fodder; 
also one-tenth of the sugar, molasses made of cane or 
of sorghum, where more than thirty gallons are made, 
cotton, wool, and tobacco; the cotton ginned and 
packed in some secure manner, and tobacco stripped 
and packed in boxes; the cotton to be delivered by 
him on or before the first day of March, and the to- 
bacco on or before the first day of July next after 
their production. Each farmer or planter shall deliver 
to the Confederate government, for its use, one-tenth 
of the peas, beans, and ground-peas produced and 
gathered by him during the present year. As soon as 
each of the aforesaid crops are made ready for mar- 
ket, the tax-assessor, in case of disagreement between 
him and the tax-payer, shall proceed to estimate the 
same in the following manner: The assessor and tax- 
payer shall each select a disinterested freeholder from 
the vicinage, who may call in a third, in case of a dif- 
ference of opinion, to settle the matter in dispute; or 
if the tax-payer neglects or refuses to select one such 
freeholder, the said assessor shall select two, who shall 
proceed to assess the crops as herein provided. They 
shall ascertain the amount of the crops, either by act- 
ual measurement or by computing the contents of 
the rooms or houses in which they are held, when a 
correct computation is practicable by such a method, 
and the appraisers shall then estimate, under oath, 
the quantity and quality of said crops, including what 
may have been sold or consumed by the producer 
prior to said estimates, whether gathered or not, ex- 
cepting from said estimates such portion of said crops 
as may be necessary to raise and fatten the hogs of 
such farmer, planter, or grazier, for pork : Provided, 
Referees. 
Persons 
exempt. MILITARY LAWS. 
That the following persons shall be exempt from the 
payment of the tax in kind imposed by this section, 
viz: 
I. Each head of a family not worth more [than] five 
hundred dollars. 
II. Each head of a family with minor children, not 
worth more than five hundred dollars for himself, and 
one hundred dollars for each minor living with him, 
and five hundred dollars in addition thereto for each 
minor son he has living or may have lost, or had dis- 
abled in the military or naval service. 
III. Each officer, soldier, or seaman in the army or 
navy, or who has been discharged therefrom for 
wounds, and is not worth more than one thousand 
dollars. 
IV. Each widow of any officer, soldier, or seaman 
who has died in the military or naval service, the 
widow not worth more than one thousand dollars : 
Provided, That in all cases where the farmer or planter 
does not produce more than fifty bushels of Irish po- 
tatoes, two hundred bushels of corn, or twenty bush- 
els of peas and beans, he shall not be subject to the 
tax in kind on said articles, or either of them; and 
the forage derived from the corn-plant shall also be 
exempt in ail cases where the corn is not taxed in 
kind; neither shall any farmer or planter, who does 
not produce more than ten pounds of wool or more 
than fifteen pounds of ginned cotton for each member 
of the family, be subject to said tax in kind. The tax- 
assessor, after allowing the exemptions authorized in 
this section, shall assess the value of the portion of 
said crops to which the government is entitled, and 
shall give a written statement of this estimate to the 
collector, and a copy of the same to the producer. 
The said producer shall be required to deliver the 
wheat, corn, oats, rye, buckwheat, rice, peas, beans, 
cured hay and fodder, sugar, molasses of cane or sor- 
ghum, wool, thus to be paid as a tithe in kind, after they 
have been estimated as aforesaid, in such form and or- 
dinary marketable condition as may be usual in the 
section in which they are to be delivered, within 
Articles 
when and 
how to be 
delivered. DIGEST OF 
thirty days from the date of notice given by the agent 
of collection that he is ready to receive such produce 
(except cotton and tobacco shall be delivered in the 
manner and at the times hereinbefore provided) at 
some depot not more than twelve miles from the place 
of production; and if not delivered by the times and in 
the order stated, he shall be liable to pay five times 
the estimated value of the portion aforesaid, to be 
collected by the tax-collector as hereinafter prescribed: 
Provided, The post quartermasters may direct such 
delivery to be made at any time within five months 
after the date of said estimates, under the sanction of 
the penalty aforesaid, and that producers shall be paid 
the expenses of the transportation of their tithes at 
the usual rates of compensation paid by the govern- 
ment in the state in which the delivery is made. Such 
delivery, when required to be made of grain in bush- 
els, shall be made in bushels according to the govern- 
ment standard of weight per bushel: Provided, That 
the government shall be bound to furnish to the pro- 
ducer sacks for the delivery of such articles of grain 
as require to be put in sacks for transportation, and 
shall allow to the producers of molasses the cost of the 
barrels containing the same. The said estimates shall 
be conclusive evidence of the amount in money of tax 
due by the producer to the government, and the col- 
lector is hereby authorized to proceed to collect the 
same by issuing a warrant of distress from his office, 
under his signature, in the nature of a writ o¥ fieri 
jacias, and by virtue of the same to seize and sell any 
personal property on the premises of the tax-payer or 
elsewhere, belonging to him, or so much thereof as 
may be necessary .for the purpose of pa3ring the tax 
and the increase aforesaid and costs; and said sale 
shall be made in the manner and form, and after the 
notice required by the laws of tbe several states for 
judicial sales of personal property; and the said war- 
rant of distress may be executed by the tax-collector 
or any deputy appointed by him for that purpose, and 
the deputy executing the warrant shall be entitled to 
the same fees as are allowed in the respective states 
Collector to 
issue war- 
rant of dis- 
tress in case 
of default. 
Foes 
allowed. MILITARY LAWS. 
to sheriffs executing writs of fieri facias ; said fees to 
be paid as cost, by the tax-payer: Provided, That in 
all cases where the assessor and tax-payer agree on 
the assessment of the crops, and the value of the por- 
tion thereof to which the government is entitled, no 
other assessment shall be necessary; but the estimate 
agreed on shall be reduced to writing, and signed by 
the assessor and tax-payer, and have the same force 
and effect as the assessment and estimate of disinter- 
ested freeholders hereinbefore mentioned; and two 
copies of such assessment and estimate, thus agreed on 
and assigned as aforesaid, shall be made, and one de- 
livered to the producer, and the other to the collector : 
And provided, further, That the assessor is hereby 
authorized to administer oaths to the tax-payer, and 
to witness in regard to any item of the estimates 
herein required to be made: And provided, further, 
When agricultural produce in kind is paid for taxes, if 
payment be made by a tenant who is bound to pay 
his rent in kind, the tenth part of said rent in kind 
shall be paid in kind by the tenant to the government, 
as and for the tax of the lessor on said rent; and the 
receipt of the government officer shall release the 
lessor from all obligations to include such rent in his 
statement of income, and discharge the tenant from 
so much of his rent to the lessor. 
Assessor 
and tax- 
payer may 
agree upon 
assessment. 
In case 
tenant pays 
his rent in 
kind. 
542. That every farmer, planter, or grazier, or other 
person who slaughters hogs, shall exhibit to the as- 
sessor on or about the first of March, 1864, an account 
of all the hogs he may have slaughtered since the 
passage of this act and before that time. After the 
delivei-y of this estimate to the post quartermaster 
hereinafter mentioned by the assessor, the said farm- 
er, planter, grazier, or other person who slaughters 
hogs, shall deliver an equivalent for one-tenth of the 
same in cured bacon, at the rate of sixty pounds of 
bacon to one hundred weight of pork. That on the 
first of November, 1863, and each year thereafter, an 
estimate shall be made, as hereinbefore provided, of' 
the value of all neat cattle, horses, mules not used in; 
cultivation, and asses, owned by each person in the 
Ibid, g 11. 
Slaughtered 
hogs. 
Cattle, 
horses, 
imges, etc. DIGEST* OF 
Confederate States, and upon such value the said 
owner shall be taxed one per centum, to be paid on 
the first day of January next ensuing. If the grazier, 
planter, or farmer shall have sold beeves since the 
passage of this act and prior to the first day of No- 
vember, the gross proceeds of such sales shall be esti- 
mated and taxed as income, after deducting therefrom 
the money actually paid for the purchase of said 
beeves, if they have been actually purchased, and the 
value of the corn or peas consumed by them. The 
estimate of these items shall be made, in case of dis- 
agreement between the assessor and tax-payer, as 
herein provided in other cases of income tax : Pro- 
vided,, That no farmer, planter, or grazier, or other per- 
son, who shall not slaughter more than two hundred 
and fifty pounds of net pork during any year, shall be 
subject to the bacon tithe imposed by this section; 
and every officer, soldier, or seaman in the military 
or naval service, or who may have been discharged 
therefrom on account of wounds or physical disabili- 
ty, and any widow of such officer, soldier, or seaman, 
or any head of a family who does not own more than 
two cows and calves, shall be exempt from the tax 
imposed by this section on neat cattle. 
Referees. 
When per- 
sons not 
subject to 
bacon tithe. 
Ibid, {} 12. 
Post quar- 
termasters. 
543. That the Secretary of War shall divide the 
service of the Quartermaster’s department into two 
branches—one herein denominated post quartermas- 
ters, for the collection of the articles paid for taxes 
in kind, and the other for distribution to the proper 
points for supplying the army, and for delivering cot- 
ton and tobacco to the agents of the Secretary of the 
Treasury. The tax-assessor shall transfer the esti- 
mate of articles due from each person by way of a tax 
in kind to the duly authorized post quartermaster, 
taking from the said quartermaster a receipt, which 
shall be filed as a voucher with the chief collector in 
settling his account, and a copy of this receipt shall 
be furnished b}T the chief collector to the auditor set- 
tling the post quartermaster’s accounts as a charge 
against him. The post quartermaster receiving the 
estimate shall colleet from the tax-payer the articles 
Collection of 
articles. MILITARY LAWS. 
189 
which it specifies, and which he is bound to pay and 
deliver as a tax to the Confederate government. The 
post quartermaster shall be liable for the safe custody 
of the articles placed in his care, and shall account for 
the same by showing that, after proper deductions 
from unavoidable loss, the residue has been delivered 
to the distributing agents, as evidenced by their re- 
ceipts. The said post quartermaster shall also state 
the accounts of the quartermasters receiving from him 
the articles delivered in payment of taxes in kind at 
his depot, and make a monthly report of the same to 
such officer as the Secretary of War may designate: 
Provided, That in case the post quartermaster shall be 
unable to collect the tax in kind specified in the esti- 
mate delivered to him as aforesaid, he shall deliver to 
the district tax-collector said estimate as a basis for the 
distress warrant authorized to be issued, and take a re- 
ceipt therefor, and forward the same to the chief tax- 
collector as a credit in the statement of the accounts of 
said post quartermaster: Provided, That any partial 
payment of said tax in kind shall be endorsed on said 
estimate before delivering the same to the district tax- 
collector as aforesaid, and the receipt given to him 
therefor by the district tax-collector shall specify said 
partial payment. When the articles thus collected, 
through the payment of taxes in kind, have been re- 
ceived at the depot as aforesaid, they shall be distrib- 
uted to the agents of the Secretary of the Treasury, 
if they consist of cotton or tobacco, or if they be 
suitable for forage or subsistence, to such places and 
in such manner as the Secretary of War may pre- 
scribe. The wool collected under this act shall be re- 
tained by the Quartermaster’s department as supplies. 
Should the Secretary of War find that some of the 
agricultural produce thus paid in and suitable for for- 
age and subsistence has been, or will be, deposited in 
places where it can not be used, either directly or in- 
directly, for these purposes, he shall cause the same to 
be sold in such manner as he may prescribe, and the 
proceeds of such sale shall be paid into the Treasury 
of the Confederate States. Should, however, the Sec- 
Distribution 190 
DIGEST OF 
retary of War notify the Secretary of the Treasury 
that it would be impracticable for him to collect or 
use the articles taxed in kind, or any of them to be re- 
ceived in certain districts or localities, then the Sec- 
retary of the Treasury shall proceed to collect in said 
district or locality the money value of said articles 
specified in said estimate and not required in kind, 
and said money value shall be due on the first day of 
January in each and every year, and be collected as 
soon thereafter as practicable; and where in districts 
heretofore, or which may hereafter be ascertained to 
be so impracticable, quartermasters or commissaries, 
serving with troops in the field, shall have collected, 
or may hereafter collect from producers, any portion 
of their tax in kind, the receipts of such officers shall 
be held good to the producers against the collection 
of the money value of their tax, to the extent and 
value of such portions as may have been or may be 
hereafter collected. And where assessments in prac- 
ticable localities have been made and transferred to 
the post quartermaster, and transportation is difficult 
to be obtained, the supply of grain sacks insufficient, 
or the amount of produce receivable is too small to 
justify the expenses of collection, post quartermasters, 
with the approval of the superior officers, shall be 
authorized to transfer the estimates to district collec- 
tors, to be collected in their money value only. 
544. That the assessors whose duty it is under said 
act [529] to estimate the taxes in kind, shall be ap- 
pointed by the Secretary of War, and their duties 
shall be the same and the duties shall be executed in 
the same manner as is., prescribed by sections ten, 
eleven, and twelve of this act, in reference to the esti- 
mates and assessment of taxes in kind on agricultural 
products and slaughtered hogs; and there may be one 
assessor appointed for each practicable tax district, 
and he shall take the oath as assessor of taxes in kind 
prescribed by section five of the act for the assess- 
ment and collection of taxes, approved May first, 
eighteen hundred and sixty-three, which oath shall be 
delivered to such officer as the Secretary of War may 
Ibid, § 13. 
Assessors; 
their ap- 
pointment, 
duties, etc. MILITARY LAWS. 
191 
designate. And the assessors of taxes in kind shall 
be separate and distinct from the assessors of money 
tax, and shall be subject to the exclusive direction and 
control of the War department, and shall receive the 
same compensation, for such time as they may be em- 
ployed, as is allowed to other agents of the Quarter- 
master’s department. 
545. This act shall be in force for two years after 
the expiration of the present year, and the taxes 
herein imposed for the present year shall be levied 
and collected each year thereafter in the manner and 
form herein prescribed, and for the said time of two 
years, unless this act shall be sooner repealed. 
Ibid, g 18. 
Duration of 
the act. 
III. Exemptions from Taxation 
546. That upon the salaries of all salaried persons 
serving in any capacity whatever, except upon the 
salaries of persons in the military or naval service, 
there shall be levied and collected a tax of one per 
centum on the gross amount of such salary, when not 
exceeding fifteen hundred dollars, and two per centum 
upon any excess over that amount, to be levied and 
collected at the end of each year, in the manner pre- 
scribed for other taxes eanumerated in this act: Pro- 
vided, That no taxes shall be imposed by virtue of this 
act on the salary of any person receiving a salary not 
exceeding one thousand dollars per annum, or at a like 
rate for another period of time, longer or shorter. [See, 
also, 548.] 
April 24, 
1863 
§ 7, cb. 38. 
Salaries of 
persons in 
military or 
naval ser- 
vice. 
547. That the daily wages of detailed soldiers, and 
other employees of the government, are not liable to 
taxation as income, although they may amount in the 
aggregate to the sum of one thousand dollars per an- 
num. 
Feb. 17,1864 
Res. 
Daily wages 
of detailed 
soldiers. 
548. That upon the salaries of all salaried persons 
serving in any capacity whatever, except upon the 
salaries of persons in the military or naval service, 
there shall be levied and collected a tax of one per 
centum on the gross amount of such salary, when not 
exceeding fifteen hundred dollars, and two per centum 
upon any excess over that amount, to be levied and 
Feb. 17,1864 
g 6, ch. 66. 
Salaries of 
persons in 
military or 
naval ser- 
vice. DIGEST OF 
collected at the end of each year, in the manner pre- 
scribed for other taxes enumerated in this act: Pro- 
vided, That no taxes shall be imposed by virtue of this 
act on the salary of any person receiving a salary not 
exceeding one thousand dollars per annum, or at a like 
rate for another period of time, longer or shorter. 
Feb. 17, 1864 
2 5. ch. 64. 
Property of 
certain per- 
sons of a 
specified 
value. 
549. The following exemptions from taxation under 
this act* shall be allowed, to wit: 
I. Property of each head of a family to the value of 
five hundred dollars; and for each minor child of the 
family to the further value of one hundred dollars; 
and for each son actually engaged in the army or navy, 
or who has died or been killed in the military or naval 
service, and who was a member of the family when he 
entered the service, to the further value of five hun- 
dred dollars. 
II. Property of the widow of any officer, soldier, 
sailor, or marine who may have died or been killed in 
the military or naval service, or where there is no 
widow, then of the family, being minor children, to 
the value of one thousand dollars. 
III. Property of every officer, soldier, sailor, or ma- 
rine, actually engaged in the military or naval service, 
or of such as have been disabled in such service, to the 
value of one thousand dollars : Provided, That the 
above exemptions shall not apply to any person whose 
property, exclusive of household furniture, shall be 
assessed at a value exceeding one thousand dollars. 
IV. That where property has been injured or de- 
stroyed by the enemy, or the owner thereof has been 
temporarily deprived of the use or occupancy thereof, 
or of the means of cultivating the same by reason of 
the presence or proximity of the enemy, the assess- 
ment on such property may be reduced in proportion 
to the damage sustained by the owner, or the tax as- 
sessed thereon may be reduced in the same ratio by 
the district collector, on satisfactory evidence submit- 
ted to him by the owner or assessor. 
* •' An act to levy additional taxes for the common defence and support of the 
government.” MILITARY LAWS. 
193 
Xm-WAR DEPARTMENT. 
550. Department established. 
551 Duties of the Secretary of War. 
552. Chief and other clerks. 
553. When an officer of the army is appointed Secretary of War. 
554. Assistant Secretary of War. 
555. Chief of the Bureau of War, and clerks. Clerks in other bureaus 
of the War department. Assignment of clerks. 
556. Increase of clerical force. 
557. Further increase of clerical force. 
558. Advances on contracts may be made. 
559. Purchase or lease of real estate by Secretary of War. 
560. Purchase or lease of real estate made by Chief of Ordnance. 
561. Consent of state required. 
562. Accounts of War department: how to be audited and filed. 
563. Bureaus or agencies west of the Mississippi river. 
564. Staff officers and clerks. 
550. The' Congress of the Confederate States of Ameri- 
ca do enact, That an Executive department be and the 
same is hereby established, under the name of the War 
department, the chief officer of which shall be called 
the Secretary of War. 
Feb. 21,1861 
? 1, ch. 9. 
Department 
established. 
551. That said secretary shall, under the direction 
and control of the President, have charge of all mat- 
ters and things connected with the army, and with the 
Indian tribes within the limits of the Confederacy, 
and shall perform such duties appertaining to the army, 
and to said Indian tribes, as may, from time to time, 
be assigned to him by the President. 
Tbid, § 2. 
Duties of the 
Secretary of 
War. 
552. That the secretary of said department is here- 
by authorized to appoint a chief clerk thereof, and as 
many inferior clerks as may be found necessary, and 
may be authorized by law. 
Ibid, § 3. 
Chief and 
other clerks. 
553. That if any officer of the army be appointed 
Secretary of War, and enter upon the duties of that 
office, he shall not thereby lose his rank in the army, 
but only the pay and allowance thereof during the time 
he is Secretary of War, and receiving the salary of 
that officer. 
Feb. 27, 1862 
cb. 1. 
When an 
officer of the 
army is 
appointed 
Secretary of 
War. 
Dec. 10,1861 
ch. 6. 
Assistant 
Secretary of 
War. 
554. That the Secretary of War be and he is hereby 
authorized and empowered to appoint an assistant, 
who shall be known as the Assistant Secretary of War, 
who shall perform such duties as may be assigned him 194 
DIGEST OF 
by the secretary, and receive as compensation for his 
services three thousand dollars per annum.* 
March 7, 
1861 
a 1, ch. 30. 
Chief of 
Bureau of 
War, and 
clerks. 
555. To the War department there shall be a chief 
of the bureau of war, at an annual salary of three 
thousand dollars, and five clerks, who shall each re- 
ceive twelve hundred dollars per annum; and one of 
them may be appointed disbursing clerk, with an ad- 
ditional salary of six hundred dollars, who shall give 
bond, with sureties to be approved by the Secretary of 
War. There shall also be one messenger, whose com- 
pensation shall be five hundred dollars per annum. 
And to all of the bureaus of the War department, viz., 
the Adjutant and Inspector-General, Quartermaster- 
General, the Commissary-General, the Surgeon-Gen- 
eral, the Chief-Engineer, and the Artillery, there shall 
be fourteen clerks, seven of whom shall receive each a 
salary of twelve hundred dollars, and seven a salary 
each of one thousand dollars per annum.* And the 
Secretary of War is hereby authorized to assign said 
clerks to duty in the respective offices enumerated, 
as in his judgment will best promote the public ser- 
vice. 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 messenger, at 
an annual compensation of five hundred dollars.* 
Clerks in 
other bu- 
reaus of the 
War depart- 
ment. 
Assignment 
of clerks. 
Aug. 29.1861 
ch. 46. 
Increase of 
clerical 
force. 
556. That the clerical force of the War department 
shall be increased to the extent and in the manner fol- 
lowing, to wit:f 
For the Office of the Secretary of War.—Ond 
clerk at the rate* of two thousand dollars per annum; 
for the payment of whom, from eighteenth of August, 
eighteen hundred and sixty-one, to the eighteenth of 
February, eighteen hundred and sixty-two, there is 
hereby appropriated the sum of one thousand dollars. 
March 14, 
1862, ch. 3. 
Further in- 
crease of 
clerical 
force. 
557. That there be added to the number of clerks 
now authorized by law in the War department, twen- 
ty additional clerks, to be divided among the several 
bureaus, in such proportion as the Secretary of War 
* See “Salaries” in Appendix, 
t See 29, 36, 37, 40, 43. 57. MILITARY LAWS. 
195 
may deem most advantageous, to receive compensa- 
tion as follows, to wit: six at the rate of fifteen hun- 
dred dollars per annum; six at the rate of twelve hun- 
dred dollars per annum, and eight at the rate of one 
thousand dollars per annum.* 
558. That the Secretary of War, with the approba- 
tion of the President, be authorized, during the exist- 
ence of the present war, to make advances upon any 
contract, not to exceed thirty-three and one third per 
cent., for arms or munitions [388 et seq.] of war: 
Provided, That security be first taken, to be approved 
by the Secretary of War, for the performance of the 
contract, or for a proper accounting for the said money. 
Aug. 5,1861 
ch. 15. 
Advances on 
contracts 
may be made 
559. That the Secretary of War be and he is hereby 
authorized to purchase or lease any and all real estate 
which may by him be deemed necessary for the use of 
the government in the conduct of those works or op- 
erations submitted by law to the supervision or con- 
trol of the War department, and for which appropri- 
ations are made by Congress. 
May 1,1863 
11. ch. 63. 
Purchase or 
lease of real 
estate by 
Secretary of 
War. 
560. That the Secretary of War is hereby authorized 
to ratify and complete any purchase or lease of real 
estate heretofore made under the direction of the Chief 
of Ordnance, and all such leases or purchases hereto- 
fore made shall be binding as soon as the same are ap- 
proved by the Secretary of War. 
Ibid, l 2. 
Purchase or 
lease of real 
estate made 
by Chief of 
Ordnance. 
561. Every purchase of freehold estate made by au- 
thority of this act shall be subject to the condition, 
that the consent of the state within whose limits it 
lies shall be obtained by the Confederate government. 
Ibid, 13. 
Consent of 
state requir- 
ed. 
562. That it shall be the duty of the Second Audi- 
tor, after examining the accounts for the War depart- 
ment, to certify the balances and transmit the account, 
with the vouchers and certificates, to the Comptroller 
for his decision thereon, and when finally adjusted, 
said accounts, vouchers, and certificates shall be filed 
with the Register, as required by the act “ to establish 
the Treasury department,” approved February twen- 
ty-first, eighteen hundred and sixty-one. 
April 19, 
1862, ch. 47. 
Accounts of 
War depart- 
ment ; how 
to be audit- 
ed and filed. 
* See “Salaries” in Appendix. 196 
DIGKST OF MILITARY LAWS. 
Feb. 17,1864 
31, ch. 55. 
Bureaus or 
agencies 
west of the 
Mississippi 
river. 
563. That, under the direction of the President, such 
bureaus or agencies of the War department may be 
organized west of the Mississippi river as the public 
service may require, which shall be auxiliary to the 
similar bureaus of said department established by law, 
and shall perform such duties as may be directed by 
instructions from the Secretary of War, or the general 
commanding in the trans-Mississippi department [371], 
acting under the authority of the War department. 
Ibid, \ 2. 
Staff officers 
and clerks. 
564. Such staff officers and clerks may be assigned 
to duty, or appointed by the President in these bu- 
reaus, as may be necessary for the service; and, under 
authority from the President, the general commanding 
in the trans-Mississippi department may assign such 
officers to duty or make appointments therein, subject 
to the approval of the President: Provided, That no 
clerk employed under this act shall be allowed a sala- 
ry exceeding two thousand dollars per annum, or be 
liable to military duty. NAVAL LAWS. XXIU.-NAVY DEPARTMENT. 
[For Navy- Yards, Dock- Yards, etc., see “ Forts and Arse- 
nals” 394, 395.] 
565. Department established. 
566. Duties of secretary. 
567. Chief and other clerks to be appointed. 
56S. Chief clerk ; his salary and duties. Three other clerks and a mes- 
senger. 
569. Two additional clerks and a draughtsman. 
570. Register, draughtsman, and additional clerk. 
571. Additional clerks ; how selected. 
572. Officer in charge of ordnance, ordnance stores, hydrography, etc. 
Officer of orders and details, and matters connected with 
courts-martial and courts of inquiry. Surgeon or assistant 
surgeon to purchase medicines or medical supplies. Paymas- 
ter to purchase provisions, clothing, etc. Clerks. 
565. The 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 de- 
partment. 
Feb. 21,1S61 
't 1, ch. 10. 
Department 
established. 
566. 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 ap- 
pertaining to the navy as shall from time to time be 
assigned to him by the President. 
Ibid, l 2. 
Duties of 
secretary. 
567. That said secretary shall be authorized to ap- 
point a chief clerk, and such other clerks as may be 
found necessary, and be authorized by law. 
Ibid, § 3. 
Chief and 
other clerks 
to be ap- 
pointed. 
568. That the clerical force of the Navy department 
shall consist of one chief clerk, at a salary of fifteen 
hundred dollars per annum, who shall also perform the 
duties of disbursing agent and corresponding clerk of 
said department, and receive therefor an extra compen- 
sation of six hundred dollars per annum; and also three 
other clerks, two of whom shall receive a salary each 
of twelve hundred dollars per annum, and one a sala- 
ry of one thousand dollars per annum ; and there shall 
March 8, 
1861, \ 1, 
ch. 31.' 
Chief clerk; 
his salary 
and duties. 
Three other 
clerks and a 
messenger. DIGEST OF 
be attached to said department a messenger, whose 
annual compensation shall be five hundred dollars.* 
Jan. 14,1862 
ch. 38. 
Two addi- 
tional clerks 
and a 
draughts- 
man. 
569. That the Seeretary of the Navy be and he is 
hereby authorized to appoint one additional clerk at 
a salary of fifteen hundred dollars per annum, one 
other additional clerk at a salary of twelve hundred 
dollars per annum, and one draughtsman at a salary 
of twelve hundred dollars.* 
April 4,1863 
ch. 14. 
Register, 
draughts- 
man, and 
additional 
clerk. 
570. That the Secretary of the Navy be authorized 
to appoint a register at a salary of one thousand eight 
hundred dollars per annum, a draughtsman at a sala- 
ry of one thousand two hundred dollars per annum, 
and an additional clerk at a salary of one thousand 
two hundred dollars per annum.* 
Feb. 17, 1864 
ch. 73. 
Additional 
clerks. 
How select- 
ed. 
571. That the Secretary of the Navy be authorized 
to appoint two additional clerks, each with a salary of 
fiftoen hundred dollars* per annum : Provided, That 
such clerks be selected from men not liable to military 
duty. 
March 16, 
1861. § 6, 
ch. 58. 
Officer in 
charge of 
ordnance, 
hydrogra- 
phy, etc. 
572. The following officers shall be attached to the 
Navy department, to wit: An officer, not below the 
grade of commander, who shall bo charged with the 
purchase or preparation of ordnance, ordnance stores, 
and supplies and equipments, and with hydrography, 
and with such other duties as the Secretary of the 
Navy may from time to time assign to him ; an officer, 
not below the grade of lieutenant, to be designated as 
the officer of orders and detail, who shall, under the 
orders of the Secretary of the Navy, prepare and is- 
sue ail orders and details for service, and who shall also, 
under the direction of the Secretary of the Navy, have 
charge of all matters and things connected with courts- 
martial and courts of inquiry, and with the custody of 
all records and papers thereunto appertaining, and per- 
form such other duties relating to the personnel of the 
navy as the Secretary may from time to time direct; 
a surgeon or an assistant surgeon, who shall, under 
the direction of the Secretary of the Navy, make all 
purchases of medicines and medical supplies for the 
navy, and perform such other duties appertaining to 
Officer of 
orders and 
details, 
courts-mar- 
tial and 
courts of 
inquiry. 
Surgeon to 
purchase 
medicines 
and medical 
supplies. 
* See “ Salaries ” in Appendix NAVAL LAWS. 
the medical department as the secretary may from 
time to time direct; a paymaster, who shall, under 
the direction of the Secretary of the Navy, make all 
contracts for or purchases of provisions, clothing, and 
coal for the use of the navy, and perform such other 
duties as the secretary may direct. The Secretary of 
the Navy is authorized to appoint one clerk to aid each 
of the above officers in the discharge of his duties, 
whose annual salary shall not exceed fifteen hundred 
dollars each;* but the officers therein detailed for duty 
shall receive no compensation for their services beyond 
their regular pay as on other duty. 
Paymaster 
to make 
purchases of 
provisions, 
etc. 
Clerks. 
XXIV.—REGULAR NAVY. 
573. Commissioned officers to be appointed, and warrant and petty offi- 
cers and seamen to be employed. 
574. Annual pay of captains. Of commanders. Of lieutenants. Mas- 
ters. Midshipmen. Surgeons. Assistant surgeons. Pay- 
masters. 
575. Assistant paymasters. 
576. Salary of assistant paymasters increased. 
577. Engineers. 
578. Pay of engineer-in-chief and passed assistant surgeons. 
579. Warrant officers. Appointments by the President during recess of 
Congress. 
580. Mode of computing length of service of officers formerly attached 
to United States navy. 
581. Date of commissions of such officers. 
582. Appointment of same. 
583. Leave of absence pay of officers resigned from United States ser- 
vice and imprisoned. 
584. Additional officers ; appointments from civil life. 
585. Grades established. 
586. Chief engineers. 
687. Appointments for meritorious conduct. 
588. Warrant officers. 
589. Pay of additional grade. 
590. Pay of master’s-mates. 
591. Chief constructor. 
592. Naval storekeepers. 
593. Assignment of officers. 
594. Temporary military rank and command. 
595. Rank in the navy retained, and same pay, etc. 
696. Appointment to higher grade. 
697. Chaplains for Confederate States naval vessels. 
598. Chaplains for naval hospitals. 
599. Rations, quarters, fuel, etc. 
600. Privilege of purchasing stores. 
I. Officers. 
* See “ Salaries ” in Appendix. 202 
DIGEST OF 
601. Corps established. Pay. 
602. Duty of quartermaster. 
603. Reorganization of corps. 
604. Pay and emoluments. Rations. 
605. Assignment to any duty connected with the public defence. Tem- 
porary rank and command. 
606. Term of enlistment. 
607. Bounty. 
608. Appropriation for bounty. 
609. Additional non-commissioned officers and musicians. 
610. Clerks to commandant and quartermaster. 
II. Marine Coitrs. 
III. Seamen. 
611. Pay. 
612. Additional number to be enlisted. 
613. Bounty. 
614. Certain seamen continued in service. 
IV. Gunboats and Vessels of War. 
615. Armed vessels for seaboard and general defence. 
616. Ten steam gunboats for coast defence. 
617. Three additional for sea-coast defence. 
618. Appropriation. 
619. Contracts for building gunboats, etc., without advertising for 
proposals. 
620. Supplies. 
621. Issue of bonds to meet contract for six iron-clad vessels of war to 
be constructed abroad. 
622. Substitution of bonds for others cancelled abroad. 
623. Inventions. 
624. Steamer “ Floridapayment for. 
625. Payment to be made in eight per cent, bonds. 
V. Miscellaneous Provisions. 
626. Regulations. 
627. United States laws continue in force. 
628. Relative and assimilated rank. 
629. Corps for service on Western waters. 
630. Persons subject to enrolment for military service may enlist in 
the marine corps. 
631. Duty of enrolling officer. 
632. Pay of sailors and marines. 
633. Employment of pilots. 
634. Site for the preparation and safe-keeping of ordnance stores. 
635. Impressment of supplies. 
636. Clothing for enlisted men. 
March 16, 
1861. gl, 
ch. 58. 
Commission- 
ed officers to 
be appointed 
578. The Congress of the Confederate States of America 
do enact, That the President be authorized to appoint, 
in the manner prescribed by law, the following com- 
missioned officers of the navy, viz: four captains, 
four commanders, thirty lieutenants, five surgeons, 
five assistant surgeons, six paymasters, and two chief 
engineers, and to employ as [many] masters, midship- 
men, engineers, naval constructors, boatswains, gun- 
I. Officers. 
Masters, 
midship- 
men, engi- NAVAL LAWS. 
203 
ners, carpenters, sail-makers, and other warrant and 
petty officers and seamen as he may deem necessary, 
not to exceed in the aggregate three thousand. 
neers, and 
others, to be 
employed. 
574. The annual pay of said officers shall be as fol- 
lows, viz: 
Captains, when commanding squadrons, five thou- 
sand dollars. 
All other captains on duty at sea, four thousand 
two hundred dollars. 
On other duty, three thousand six hundred dollars. 
When on leave or waiting orders, three thousand 
dollars. 
Commanders.—Every commander on duty at sea, for 
the first five years after the date of his commission, 
two thousand eight hundred and twenty-five dollars. 
For the second five years after the date of his com- 
mission, three thousand one hundred and fifty dollars. 
Every commander on other duty, for the first five 
years after the date of his commission, two thousand 
six hundred and sixty-two dollars. 
For the second five years after the date of his com- 
mission, two thousand eight hundred and twenty-five 
dollars. 
All other commanders, two thousand two hundred 
and fifty dollars. 
Lieutenants commanding at sea, two thousand five 
hundred and fifty dollars. 
Lieutenants.—Every lieutenant on duty at sea, one 
thousand five hundred dollars. 
After he shall have seen seven years’ sea-servicc, 
in the navy, one thousand seven hundred dollars. 
After he shall have seen nine years’ sea-service, one 
thousand nine hundred dollars. 
After he shall have seen eleven years’ sea-service, 
two thousand one hundred dollars. 
After he shall have seen thirteen years’ sea-service, 
two thousand two hundred and fifty dollars. 
Every lieutenant on other duty shall receive one 
thousand five hundred dollars. 
After he shall have seen seven years’ sea-service in 
the navy, one thousand six hundred dollars. 
Ibid, i 2. 
Annual pay 
of: 
Captains. 
Commahd- 
ers. 
Lieutenants. DIGEST OK 
After he shall have seen nine years* sea-serviee, one 
thousand seven hundred dollars. 
After he shall have seen eleven years’ sea-service, 
one thousand eight hundred dollars. 
After he shall have seen thirteen years’ sea-service, 
one thousand eight hundred and seventy-five dollars. 
Every lieutenant on leave or waiting orders, one 
thousand two hundred dollars. 
After he shall have seen seven years’ sea-service in 
the navy, one thousand two hundred and sixty-six 
dollars. 
After he shall have seen nine years’ sea-service, one 
thousand three hundred and thirty-three dollars. 
After he shall have seen eleven years’ sea-service, 
one thousand four hundred dollars. 
After he shall have seen thirteen years’ sea-service, 
one thousand four hundred and fifty dollars. 
Masters.—Every master in the line of promotion, 
when on duty as such at sea, one .thousand two hun- 
dred dollars. 
When on other duty, one thousand one hundred 
dollars. 
When on leave or waiting orders, eight hundred 
and dollars. 
Midshipmen.—Every midshipman at sea, five hun- 
dred and fifty dollars. 
When on other duty, five hundred dollars. 
When on leave or waiting orders, four hundred and 
fifty dollax’s. 
Surgeons.—Every surgeon on duty at sea, for the 
first five years after the date of his commission as 
surgeon, two thousand two hundred dollai*s. 
For the second five years after the date of his com- 
mission as surgeon, two thousand four hundred dol- 
lars. 
For the thii’d five years after the date of his com- 
mission as surgeou, two thousand six hundred dollars. 
For the fourth five years after the date of his com- 
mission as sui'geon, two thousand eight hundred dol- 
lars. 
For twenty years’ service and upward, after the 
Masters. 
Midshipmen 
Stirgoous. NAVAL LAWS. 
date of his commission as surgeon, three thousand 
dollars. 
Fleet surgeons, three thousand three hundred dol- 
lars. 
Every surgeon on other duty, for the first five years 
after the date of his commission as surgeon, two thou- 
sand dollars. 
For the second five years after the date of his com- 
mission as surgeon, two thousand two hundred dol- 
lars. 
For the third five years after tho date of his com- 
mission as surgeon, two thousand four hundred dol- 
lars. 
For the fourth five years after the date of his com- 
mission as surgeon, two thousand six hundred dollars. 
For twenty years’ service after the date of his com- 
mission a a surgeon, two thousand eight hundred dol- 
lars. 
Every surgeon on leave or waiting orders, for the 
first five years after the date of his commission as 
surgeon, one thousand six hundred dollars. 
For the second five years after the date of his com- 
mission as surgeon, one thousand eight hundred dol- 
lars. 
For the third five years after the date of his com- 
mission as surgeon, one thousand nine hundred dol- 
lars. 
For the fourth five years after the date of his com- 
mission as surgeon, two thousand one hundred dol- 
lars. 
For twenty years’ service and upward, after the date 
of his commission as surgeon, two thousand three 
hundred dollars. 
Assistant Surgeons.—Every assistant surgeon on 
duty at sea, one thousand two hundred and fifty dol- 
lars. 
When on other duty, one thousand and fifty dollars. 
When on leave or waiting orders, eight hundred 
dollars. 
Paymasters.—Every paymaster on duty at sea, for 
Assistant 
Surgeons 
Paymasters 206 
DIGEST OF 
the first five years after the date of his commission, 
two thousand dollars. 
For the second five years after the date of his com- 
mission, two thousand four hundred dollars. 
For the third £ve years after the date of his com- 
mission, two thousand six hundred dollars. 
For the fourth five years after the date of his com- 
mission, two thousand nine hundred dollars. 
For twenty years and upward after the date of his 
commission, three thousand one hundred dollars. 
Every paymaster on other duty, for the first five 
years after the date of his commission, one thousand 
eight hundred dollars. 
For the second five years after the date of his com- 
mission, two thousand one hundred dollars. 
For the third five years after the date of his com- 
mission, two thousand four hundred dollars. 
For the fourth five years after the date of his com- 
mission, two thousand six hundred dollars. 
For twenty years’ service and upward, after the 
date of his commission, two thousand eight hundred 
dollars. 
Every paymaster on leave or waiting orders, for the 
first five years after the date of his commission, one 
thousand four hundred dollars. 
For the second five years after the date of his com- 
mission, one thousand six hundred dollars. 
For the third five years after the date of his com- 
mission, one thousand eight hundred dollars. 
For the fourth five years after the date of his com- 
mission, two thousand dollars. 
For twenty years’ service and upward, after the 
date of his commission, two thousand two hundred 
and fifty dollars. 
May 20,1861 
I 3, ch. 32. 
Assistant 
Paymasters. 
575. That the President be authorized to appoint 
six assistant paymasters of the navy, each to receive a 
salary of one thousand dollars when employed at sea, 
and seven hundred dollars when not thus employed; 
and all paymasters of the navy shall be taken from 
the grade of assistant paymasters. naval laws. 
207 
576. The annual pay of assistant paymasters shall 
hereafter be, when on service afloat, twelve hundred 
dollars; on other duty, eleven hundred dollars. 
April 21, 
1862, § 5, 
ch. 68. 
Salary of 
assistant 
paymasters 
increased. 
March 16, 
1861, § 2, 
ch. 58. 
Engineers. 
577. Engineers.—Every chief engineer on duty, for 
the first five years after the date of his commission, 
one thousand eight hundred dollars. 
For the second five years after the date of his com- 
mission, two thousand two hundred dollars. 
For the third five years after the date of his com- 
mission, two thousand four hundred and fifty dollars. 
After fifteen years after the date of his commission, 
two thousand six hundred dollars. 
Every chief engineer on leave or waiting orders, for 
the first five years after the date of his commission, 
one thousand two hundred dollars. 
For the second five years after the date of his com- 
mission, one thousand three hundred dollars. 
For the third five years after the date of his com- 
mission, one thousand four hundred dollars. 
After fifteen years’ service after the date of his 
commission, one thousand five hundred dollars. 
Every first assistant engineer on duty, one thousand 
two hundred and fifty dollars. 
When on leave or waiting orders, nine hundred 
dollars. 
Every second assistant engineer on duty, one thou- 
sand dollars. 
When on leave or waiting orders, seven hundred 
and fifty dollars. 
Every third assistant engineer on duty, seven hun- 
dred and fifty dollars. 
When on leave or waiting orders, six hundred dol- 
lars. 
578. That the annual pay of the engineer-in-chief of 
the navy, and passed assistant surgeons, shali be as fol- 
lows: Engineer-in-chief, three thousand dollars; passed 
assistant surgeons, for service afloat, seventeen hun- 
dred dollars; for shore or other duty, fifteen hundred 
dollars; when on leave or waiting orders, twelve hun- 
dred dollars. 
Sept. 26, 
1862, ch. 13. 
Pay of engi- 
neer-in-chief 
and passed 
assistant 
surgeons. DIOK8T OK 
March 16, 
1861. § 2. 
ch. 58. 
Warrant 
officers. 
579. Warrant Officers.—Every boatswain, gunner, 
carpenter, and sail-maker on duty at sea, for the first 
three years’ sea-service after the date of his warrant, 
one thousand dollars. 
For the second three years’ sea-service after the date 
of his warrant, one thousand one hundred and fifty 
dollars. 
For the third three years’ sea-service after the date 
of his warrant, one thousand two hundred and fifty 
dollars. 
For the fourth three years’ sea-service after the 
date of his warrant, one thousand three hundred and 
fifty dollars. 
For twelve years’ sea-service and upward, one thou- 
sand four hundred and fifty dollars. 
When on other duty: 
For the first three years of sea-service after the date 
of his warrant, eight hundred dollars. 
For the second three years’ sea-service after the 
date of his warrant, nine hundred dollars. 
For the third three years of sea-service after the 
date of his warrant, one thousand dollars. 
For the fourth three years’ sea-service after the 
date of his warrant, one thousand one hundred dollars. 
For twelve years’ sea-service and upward, one thou- 
sand two hundred dollars. 
When on leave or waiting orders: 
For the first three years’ sea-service after the date 
of his warrant, six hundred dollars. 
For the second three years’ sea-service after the 
date of his warrant, seven hundred dollars. 
For the third three years’ sea-service after the date 
of his warrant, eight hundred dollars. 
For the fourth three years’ sea-service after the 
date of his warrant, nine hundred dollars. 
For twelve sea-service and upward, one thou- 
sand dollars. 
That the commissioned officers hereinbefore pro- 
vided for, and who shall not be nominated before the 
adjournment of Congress, may be appointed by the 
Appoint- 
ment by the 
President 
during 
recess of 
Congress. NAVAL LAWS. 
209 
President during the recess, to hold their commis- 
sions until the next session of Congress. 
580. In computing the length of service of such 
officers as were attached to the Navy of the United 
States, but who have resigned, and have been or may 
be received into the service of the Confederate States, 
their period of service in the Navy of the United 
States shall be included, and no service shall be re- 
garded as sea-service in the purview of said act but 
such as shall actually be performed at sea, and in ves- 
sels employed by authority of law. 
Ibid, g 3. 
Mode of 
computing 
length of 
service of 
officers for- 
merly at- 
tached to 
V. S. Navy. 
581. That in case officers who were formerly attach- 
ed to the Navy of the United States, but had resigned 
in consequence of the secession of any one or of all 
of the Confederate States, should receive appointments 
in the Navy of the Confederate States, the President 
is authorized to affix to their commissions such dates 
as may be necessary to secure to them the same rela- 
tive position that they held in the former service. 
March 16, 
1861, ch. 62. 
Date of com- 
missions of 
officers 
formerly at- 
tached to 
U. S. Navy. 
582. That the President be and he is hereby author- 
ized to nominate, and by and with the advice and con- 
sent of Congress to appoint, all officers of the Navy 
of the United States, who have resigned or may here- 
after resign their commissions on account of the se- 
cession of any or all of the Confederate States, and 
who may be fit for active service, to the same rank 
and position in the Navy of the Confederate States 
which they held in that of the United States : Pro- 
vided, however, That no officer shall be so appointed 
who may at any time have committed any act of hos- 
tility against the Confederate States or any one 
thereof. 
May 20,1861 
g 1, ch. 32. 
Appoint- 
ment of 
officers 
formerly 
attached to 
U. S. Navy. 
583. That the Secretary of the Navy cause to be 
paid to those officers of the navy and marine corps, 
who resigned from the Navy and Marine corps of the 
United States, in consequence of secession, and who 
were arrested and imprisoned in consequence of such 
resignation, and who subsequently joined the Navy 
and Marine corps of the Confederate States, leave of 
absence pay for and during the term of such imprison- 
April 11, 
1863, ch. 17. 
Leave of ab- 
sence pay of 
officers 
resigned 
from U. S. 
service, and 
imprisoned. 210 
DIGEST OF 
ment, and up to the time of their appointment in the 
Navy and Marine corps of the Confederate States. 
Dec. 24,1861 
ch. 24. 
Additional 
officers. 
584. That the President be and he is hereby author- 
ized to appoint the following officers of the navy, in 
addition to those heretofore authorized [578, 575], to 
wit: two captains, five commanders, fifty lieutenants, 
ten assistant paymasters, and thirty assistant sur- 
geons; said appointments to be made from the navy 
and from civil life, as the President may see fit, and to 
terminate at the end of the war. 
Appoint- 
ments from 
civil life. 
April 21, 
1862, 11, 
ch. 68. 
Grades es- 
tablished. 
585. That the grades of the commissioned officers 
of the Navy of the Confederate States shall hereafter 
be as follows, to wit: four admirals, ten captains, 
thirty-one commanders, one hundred first lieutenants, 
twenty-five second lieutenants, twenty masters in line 
of promotion, twelve paymasters, forty assistant pay- 
masters, twenty-two surgeons, fifteen past assistant 
surgeons, thirty assistant surgeons, one engineer-in- 
chief, and twelve engineers. 
April 4,1863 
ch. 16. 
Chief engi- 
neers. 
586. That the twelve engineers in the navy, author- 
ized by the act number three hundred and sixty-two,* 
approved April twenty-first, eighteen hundred and 
sixty-two, shall hereafter be known and designated as 
chief engineers. 
April 21, 
1862, 1 2, 
ch. 68.’ 
Appoint- 
ments for 
meritorious 
conduct. 
587. All the admirals, four of the captains, five of 
the commanders, twenty-two of the first lieutenants, 
and five of the second lieutenants, shall be appointed 
solely for gallant or meritorious conduct during the 
war. The appointments shall be made from the grade 
immediately below the one to be filled, and without 
reference to the rank of the officer in such grade, and 
the service for which the appointment shall be con- 
ferred shall be specified in the commission : Provided, 
That all officers below the grade of second lieutenant 
may bo promoted more than one grade for the same 
service. 
Ibid, j! 3. 
Warrant 
officers. 
588. The warrant officers shall be as follows: twenty 
passed midshipmen, one hundred and six acting mid- 
shipmen, fifty first assistant engineers, one hundred 
* It Bhould.be ch. 68. See 586. XAVAL LAWS. 
and fifty second assistant engineers, one hundred and 
fifty third assistant engineers, ten boatswains, twenty 
gunners, six sail-makers, and twenty carpenters. 
589. The annual pay of the additional grades created 
by this act shall be as follows: Admirals, six thousand 
dollars; second lieutenant, for service afloat, twelve 
hundred dollars—when on leave or other duty, one 
thousand dollars; master in the line of promotion, one 
thousand dollars for service afloat—when on leave or 
other duty, nine hundred dollars; passed midshipmen, 
nine hundred dollars for service afloat—when on leave 
or other duty, eight hundred dollars. 
Ibid, l 4. 
Pay of addi- 
tional grades 
590. That from and after the passage of this act the 
pay of master’s-mates in the navy shall be forty dol- 
lars per month. 
April 30, 
1863, ch. 52. 
Pay of mas- 
ter’s-mates. 
591. That the President be and he is hereby author- 
ized to appoint, by and with the advice and consent of 
the Senate, one chief constructor in the navy, whose 
compensation shall be three thousand dollars per an- 
num, and who shall perform such duties as may be di- 
rected by the Secretary of the Navy. 
April 30, 
, 1863, ch. 53. 
Chief con- 
structor. 
592. That the President be and he is hereby author- 
ized to appoint three naval storekeepers, whose duties 
shall be performed under the direction of the Secretary 
of the Navy. The compensation of such officers shall 
not exceed seventeen hundred dollars per annum; and 
before entering upon the duties of their offices, each of 
them shall give a bond in such form and penalty as 
the President may prescribe. 
Oct. 13,1862 
ch. 48. 
Naval store- 
keepers. 
593. That the President be authorized to assign offi- 
cers of the navy to any duty connected with the de- 
fence of the country, and suitable to their rank, which 
he may deem proper.* 
May 20,1861 
g 2, ch. 32. 
Assignment 
of officers. 
594. That the President be and he is hereby author- 
ized to confer on any officer of the navy, ordered to do 
duty on shore with troops, such temporary military 
rank and command, and with such limitations and re- 
strictions, as he may deem proper.* 
Dec. 24, 1861 
§ 1, ch. 19. 
Temporary 
military 
rank and 
command. 
595. Any officer of the navy on whom military rank 
and command shall be conferred, in virtue of the fore- 
Ibid, g 2. 
Rank in the 
navy retain- 
ed, and same 
pay, etc. 
* Amended so as to apply to marine corps. See 605. 212 
DIGEST OF 
going section, shall retain his rank in the navy, and 
shall be entitled only to the same pay and emoluments 
that he would have received if no such rank and com- 
mand had been conferred on him.* 
.January 16, 
1862, ch. 43. 
Appoint- 
ment to 
higher grade 
596. That the President is authorized to appoint offi- 
cers of the Regular Navy to any higher grade under 
the act above-mentioned [584], without prejudice to 
their position under their original appointment. 
Dec. 24, 1861 
oh. 21. 
Chaplains 
for C. 8. na- 
val vessels. 
597. That whenever any vessel of the Confederate 
States Navy shall be about to depart for any point be- 
yond the limits of the Confederate States, the Presi- 
dent may, in his discretion, employ a chaplain for the 
voyage, who shall receive the same pay [248 et seq.] 
and emoluments as chaplains in the army. 
April 19, 
1862, ch. SO. 
Chaplains 
for naval 
hospitals. 
598. That the President may, in his discretion, ap- 
point and assign to the naval hospitals in the Confed- 
erate States chaplains for service during the continu- 
ance of the existing war, who shall receive the same 
pay [248 et seq.~\ and emoluments as chaplains in the 
army. 
Feb. 16,1864 
? 1, ch. 40. 
nations, 
quarters, 
fuel, etc. 
599. That the commissioned and warranted officers 
of the Navy of the Confederate States, on duty, are 
hereby allowed rations, quarters, and fuel, or commu- 
tation therefor, as are now or may hereafter be allow.- 
ed officers of the army, viz : To admirals, the same as 
generals; to vice-admirals, the same as lieutenant-gen- 
erals ; to rear-admirals, the same as major-generals; 
to commodores and captains, the same as brigadier- 
generals and colonels; to commanders and first lieu- 
tenants, the same as lieutenant-colonels and majors ; 
to second lieutenants and lieutenants for the war, the 
same as captains and chaplains; to masters and pass- 
ed midshipmen, the same as lieutenants; and to offi- 
cers of the medical, pay, and engineer corps, to naval 
constructors, and to boatswains, gunners, carpenters, 
and sail-makers, the same as to the foregoing officers 
of the line of the navy with whom they have assimi- 
lated rank. 
Ibid, § 2. 
Privilege of 
purchasing 
stores. 
600. That all the navy officers in the foregoing 
grades shall have the same privilege of purchasing 
* Amended so as to apply to marine corps. See 605. NAVAL LAWS. 
commissary and quartermaster’s stores [238 et se<f.] as 
are now, or may hereafter be, allowed to officers of the 
army. 
II. Marine Corps.* 
601. There shall be a corps of marines, to consist of 
[603] one major, one quartermaster, one paymaster, 
one adjutant, one sergeant-major, one quartermaster- 
sergeant, and six companies, each compan}*- to consist 
of one captain, one first and one second lieutenant, 
four sergeants, four corporals, one hundred men, and 
two musicians; and the pay and allowances of the 
officers and enlisted men shall be the same as that of 
the officers and enlisted men of like grade in the in- 
fan try of the army [70, 75, 632], except that the ration 
of the enlisted marine shall be the ration allowed by 
law to seamen. 
March 16, 
1861, l 6, 
ch 58. 
Corps estab- 
lished. 
Pay. 
602. It shall be the duty of the quartermaster of the 
marine corps to visit the different posts where portions 
of the corps may be stationed, as often as may be 
necessary for the proper discharge of his duties. 
Ibid, jS 7. 
Duty of 
quartermas- 
ter. 
603. That from and after the passage of this act 
the corps of marines shall consist of one colonel, one 
lieutenant-colonel, one major, one quartermaster with 
the rank of major, one paymaster with the rank of 
major, one adjutant with the rank of major, one ser- 
geant-major, one quartermaster-sergeant, ten captains, 
ten first lieutenants, twenty second lieutenants, forty 
sergeants, forty corporals, and eight hundred and for- 
ty privates, ten drummers, and ten fifers, and two mu- 
sicians. 
May 20, 1861 
2 1, ch. 31. 
Reorganiza- 
tion of corpe 
604. The pay and emoluments of the officers and en- 
listed men shall be the same as that of the officers and 
enlisted men of like grade in the infantry of the army 
[70, 75, 632], except that the paymaster and the adju- 
tant shall receive the same pay as the quartermaster, 
and the adjutant shall be taken from the captains and 
subalterns of the corps, and separated from the line. 
Ibid, g 2. 
Pay and 
emoluments 
* For pay of officers of marine corps resigned from United States Marine corps, 
and who were arrested and imprisoned in consequence thereof, 683. 
For transfer of soldiers to marine corps, see 630, 631. 214 
DIGEST OF 
Rations. 
The rations of enlisted marines shall be the rations 
allowed by law to seamen. All acts inconsistent with 
the provisions of this act are hereby repealed. 
Feb. 5,1862 
ch. 66. 
Assignment 
to any dnty 
connected 
with the 
public de- 
fence. 
605. That the second section of an act entitled “ An 
act to amend an act to provide for the organization of 
the navy, approved March sixteenth, eighteen hundred 
and sixty-one/’ approved May twentieth, eighteen hun- 
dred and sixty-one [593], and the act entitled “ An act 
to authorize the President to confer temporary rank 
and command on officers of the navy doing duty with 
troops,” approved December twenty-fourth, eighteen 
hundred and sixty-one [594], be so amended as to in- 
clude officers of the marine corps. 
Temporary 
rank and 
command. 
April 10, 
1862.11, 
ch. 23. 
Term of en- 
listments. 
606. That from and after the passage of this act en- 
listments in the marine corps shall be for the term of 
the existing war, or for the period of three years, as 
the recruit may elect at the time of enlistment. 
Ibid, § 2. 
Bounty. 
607. That every able-bodied man who may enlist 
and be received into the marine corps shall be entitled 
to a bounty of fifty dollars, to be paid at the time of 
joining the corps, and every non-commissioned officer, 
musician, and private now in the marine corps, who 
may have enlisted for three years, shall be entitled to 
receive the sum of forty dollars, as an equivalent to 
bounty. 
Ibid, § 3. 
Appropria- 
tion for 
bounty. 
608. That for the purpose of carrying into effect the 
provisions of this act, the sum of forty thousand dol- 
lars is hereby appropriated out of any money in the 
Treasury not otherwise appropriated. 
Sept. 24, 
1862. ch. 9. 
Additional 
non-commis- 
sioried offi- 
cers and 
musicians. 
609. That from and after the passage of this act 
there shall be allowed to the marine corps, in addition 
to the number of non-commissioned officers and mu- 
sicians allowed by the first section of the act of Con- 
gress approved May twentieth, eighteen hundred and 
sixty-one [603], twenty sergeants, twenty corporals, 
twenty drummers, twenty fifers, and two principal 
musicians—-each principal musician to receive the pay 
and allowance of a sergeant-major [75]. 
610. That the Secretary of the Navy be and he is 
hereby authorized to appoint one clerk to the com- 
mandant of the marine corps, and one clerk to the 
April 30, 
1863. ch. 56. 
Clerks to 
command- 
ant and NAVAL LAWS. 
quartermaster of the marine corps, at a compensation 
not to exceed fifteen hundred dollars per annum each. 
quartermas- 
ter. 
III. Seamen.* 
611. The pay of seamen of the navy shall be deter- 
, • i . i , . . 
mined by the President, and may be altered by him 
from time to time as circumstances may require [632]. 
March ie, 
1861,g4, 
ch. 58. 
Pay" 
612. That the President be authorized to enlist for 
the war any additional number of seamen, not to ex- 
ceed two thousand, that the exigencies of the naval 
service, and the defence of the sea-coast and of rivers 
and harbors may, in his judgment, render necessary. 
Dec. 10, i86i 
Additional 
be enlisted, 
613. That the Secretary of the Navy is hereby au- 
thorized to give a bounty of fifty dollars to all persons 
enlisted as seamen, who shall enlist for three years or 
for the war. And the provisions of this act shall, in 
like manner, extend to all seamen heretofore enlisted 
who will extend the term of their enlistment to three 
years or for the war—said bounty to be paid at the 
time of said enlistment. 
Jan. 16,1862 
ch. 42. 
Bounty. 
614. That all seamen and ordinary seamen now in 
the service of the Confederate States, between the 
ages of eighteen and forty-five, and whose term of 
service will expire before the end of the war, shall be 
continued in the service for three years from the date 
of their original enlistment, unless the war shall have 
sooner ended. 
April 2,1863 
ch. 13. 
Certain 
aeameii con- 
tinued in 
service. 
IV. GlJNBOATSf AND VESSELS OF WAR. 
615. That the President be and he is hereby author- 
ized to purchase or charter, arm, equip, and man such 
merchant vessels and steamships or boats as may be 
found fit or easily converted into armed vessels, and 
in such number as he may deem necessary for the 
protection of the seaboard and the general defence of 
the country. 
March 6, 
1861, g 10, 
seis for sea- 
board and 
general 
* For authority to employ, see 573. 
For transfer from army, 149, 150, 631. 
f For corps for special service on Western waters, see 629. 
For floating defences of Mississippi river, see 199. 
For defences of Mobile bay, see 200, 201. DIGEST OF 
March 15, 
1861, ch. 45. 
Ten steam 
gunboats for 
coast 
defence. 
616. That the President be and he is hereby author- 
ized to cause to be constructed or purchased ten steam 
gunboats for coast defence, whereof five shall be of a 
tonnage not exceeding seven hundred and fifty tons, 
and five of a tonnage not exceeding one thousand 
tons. 
Aug. 29,1861 
a l, ch. 47. 
Three addi- 
tional for 
sea-coast 
defence. 
617. That in addition to the gunboats heretofore 
authorized by law, the President be and he is hereby 
authorized, in his discretion, to cause to be construct- 
ed three others, specially adapted to sea-coast defence. 
Ibid, ? 2. 
Appropria- 
tion. 
618. That the sum of four hundred and twenty 
thousand dollars be and the same is hereby appro- 
priated to the object specified in the foregoing section. 
Aug. 29,1861 
ch. 49. 
Contracts 
for building 
gunboats, 
etc., without 
advertising 
for proposals 
619. That the Secretary of the Navy be and he is 
hereby authorized, in case he should deem it advis- 
able, to contract for building any gunboats for which 
appropriations have been or may be made during the 
present or any previous session of Congress, or for 
altering other vessels so as to convert them into gun- 
boats, without advertising for proposals for such work, 
as required by law: Provided, That the contracts so 
made shall be in writing, and shall be placed on file in 
the Navy department, and a copy thereof deposited, 
without delay, in the office of the Controller of the 
Treasury. 
April 11, 
1863, ch. 18. 
Supplies. 
620. That the above entitled act [619] be so amend- 
ed as to authorize the Secretary of the Navy, in case 
he should deem it advisable, to contract for all sup- 
plies required for the navy, without advertising for 
proposals as required by law : Provided, [That] this act 
shall expire at the end of the present war. 
Sept. 19, 
1862, ch. 4. 
Issue of 
bonds to 
meet con- 
tract for six 
iron-clad 
vessels of 
war to be 
constructed 
abroad. 
621. That the Secretary of the Treasury be and he 
is hereby authorized to issue, in addition to the 
amounts heretofore authorized to be issued, three mil- 
lions five hundred thousand dollars of Confederate 
States bonds, under the provisions and conditions of 
the act entitled “ An act to authorize the issue of 
treasury notes, and to provide a war tax for their re- 
demption/’ approved August nineteenth, eighteen 
hundred and sixty-one, and by the further supple- 
mental act to the above cited act, approved December NAVAL LAWS. 
217 
nineteenth, eighteen hundred and sixty-one, to meet a 
contract made by the Secretary of the Nav-y for six 
iron-clad vessels of war and six steam-engines and 
boilers complete, to be constructed abroad, and said 
bonds, when issued, shall be delivered to the persons 
entitled to them under the above recited contract. 
622. That the Secretary of the Treasury be and he 
is hereby authorized, upon the receipt of satisfactory 
evidence that eight per centum bonds, issued by him 
upon the requisitions of the Secretary of the Navy, 
dated October the eighteenth and twenty-seventh, 
eighteen hundred and sixty-two, for one million of 
dollars each, have been cancelled abroad, to substitute 
and deliver to the Secretary of the Navy an equal 
number of bonds of like character. 
Jan. 9,1864 
ch, 8. 
Substitution 
of bonds for 
others 
cancelled 
abroad. 
623. That if any person who may have invented or 
may hereafter invent any new kind of armed vessel, 
or floating battery, or defence, shall deposit a plan of 
the same, accompanied by suitable explanations or 
specifications, in the Navy department, together with 
an affidavit setting forth that he is the inventor there- 
of, such deposit and affidavit (unless the facts set forth 
therein shall be disproved) shall entitle such inventor 
or his assigns to the sole and exclusive enjoyment of 
the rights and privileges conferred by this act—reserv- 
ing, however, to the government, in all cases, the right 
of using such invention. 
May 21, 1861 
j) 2, ch. 50. 
Inventions. 
624. That the Secretary of the Treasury pay to the 
proper authorities of the State of Alabama the sum 
of ninety thousand dollars, being the sum paid by 
said state for the steamer Florida, which vessel was 
turned over by said state to the Confederate States 
for a gunboat. 
April 22, 
1863, 31, 
cb. 37. 
Steamer 
“ Florida 
payment for. 
625. That the said sum of ninety thousand dollars 
be paid in bonds of the Confederate States, bearing 
interest at the rate of eight per centum per annum, 
and payable at not less than twenty nor more than 
thirty years, and redeemable at the option of the gov- 
ernment, after five years—which bonds the Secretary 
of the Treasury is authorized to issue. 
Ibid, § 2. 
Said sum to 
be paid in 
eight per 
cent, bonds. 218 
DiGEST OF 
V. Miscellaneous Provisions. 
March 16, 
1861, § 8, 
ch.58. 
Regulations 
626. It shall be the duty of the Secretary of the 
Navy to prepare and publish regulations for the gen- 
eral government of all persons connected with or em- 
ployed in the naval service, which regulations shall 
take effect as soon as they shall be approved by the 
President and published. 
Ibid, § 9. 
U. S. laws 
continued 
in force. 
627. All laws of the United States heretofore enact- 
ed for the government of the officers, seamen, and 
marines of the Navy of the United States, that are not 
inconsistent with the provisions of this act, are hereby 
adopted and applied to the officers, seamen, and ma- 
rines of the Navy of the Confederate States. 
Ibid, £ 10. 
Relative and 
assimilated 
rank. 
628. The President may determine the relative and 
assimilated rank which officers of the navy shall hold 
toward those of the army. 
Jan. 14,1862 
ch. 39. 
Corps for 
service on 
the Western 
waters. 
629. That the President be and he is hereby author- 
ized to raise a corps for the temporary and special 
service on the Western waters, to cause to be enlisted 
a number of men not exceeding six thousand, and of 
such commissioned and non-commissioned officers, and 
of such rank, either naval or military, as the President 
may deem necessary, who shall severally receive such 
pay and allowances as he may determine. 
Oct. 2, 1862 
g 1, ch. 24. 
Persons sub- 
ject to enrol- 
ment for 
military ser- 
vice may 
enlist in the 
marine 
corps. 
630. That from and after the passage of this act 
any person subject to enrolment for military service 
under the acts of Congress providing for the public 
defence, shall be permitted to enlist in the marine 
corps at any time prior to being mustered into the 
Army of the Confederate States : Provided, That the 
number of men so enlisted does not increase the ma- 
rine corps beyond the strength authorized by law. 
Ibid. \ 3. 
Duty of en- 
rolling 
officer. 
631. That if any person who has been or is about to 
be enrolled for service in the army shall, at any time 
before being assigned to any company, declare to the 
enrolling or commanding officer- that he prefers being 
enrolled for service in the navy or the marine corps, 
it shall be the duty of the said officer to enroll such 
person for the service which he may prefer, and to navai. Laws. 
transmit to the Secretary of the Navy a list of the 
persons so enrolled. 
632. That from and after the passage of this act 
the pay of sailors and marines shall be increased four 
dollars per month. 
Ibid, ? 3. 
Pay of 
sailors and 
marines. 
633. That the Secretary of the Navy be and is 
hereby authorized to employ for service on board of 
vessels, used or owned by the Confederate States for 
purpose of running the blockade of any of the ports 
of the Confederacy, the most skilful pilots, en such 
terms as to him shall seem best and requisite to secure 
their services, either by the month or the single or 
round voyage. 
April 4, 
1863, ch. 15. 
Employ- 
ment of 
pilots. 
634. That the Secretary of the Navy be and he is 
hereby authorized to lease, for a period not exceeding- 
five years, a site, with or without buildings, as he may 
deem most expedient, near the City of Richmond, for 
the preparation and safe-keeping of ordnance stores: 
Provided, That the quantity of land leased does not 
exceed two acres. 
April 27, 
1863, ch. 42. 
Site for the 
preparation 
and safe- 
keeping of 
ordnance 
stores. 
635. That the above entitled act* be so amended as 
to embrace the impressment of supplies required for 
the navy as well as the army. 
April 30, 
1863, ch. 54.f 
Impress- 
meut of 
supplies. ■ 
636. That during the continuance of the war the 
Secretary of the Navy be and he is hereby authorized 
to issue clothing to the enlisted men of the navy, un- 
der such regulations as he may prescribe, at an ad- 
vance of not exceeding fifty per centum upon the 
prices at which such supplies were furnished at the 
commencement of the war. 
April 30, 
1863, ch. 55. 
Clothing for 
enlisted 
men. 
XXV.—PROVISIONAL NAVY. 
637. Appointment of officers. 
638. Transfer from the Regular Navy. 
639. Officers of Regular Navy appointed to Provisional Navy. 
640. Officers of Regular Navy appointed to rank of admirals, vice-ad- 
mirals, etc. 
* “An act to regulate impressments” [428]. 
fliTLE: An act to amend an act entitled “ An act to regulate impressments,” 
approved March twenty-sixth, eighteen hundred and sixty-three [428]. DIGKST OF 
641. Assimilated rank. 
642. Pay. 
643. Laws and regulations. 
May 1,1863 
21, ch.85. 
Appoint- 
ment of 
officers. 
637. There shall be a Provisional Navy of the Con- 
federate States, the officers of which shall be appoint- 
ed by the President, by and with the advice and con- 
sent of the Senate, and hold their commissions during 
the present war. All officers appointed from the Reg- 
ular Navy shall have, at its formation, the same rela- 
tive position and rank they held in the Regular Navy. 
Ibid, ? 2. 
Transfers 
from the 
Regular 
Navy. 
638. All the warrant officers who may be fit for 
active service, and all the petty officers, seamen, or- 
dinary seamen, landsmen, boys, firemen, coal-heavers, 
and employees of every description, and all the vessels, 
armament, and material of every description belonging 
to the navy shall, so far as may be deemed necessary 
by the President, be considered as transferred to and 
as forming part of the Provisional Navy; and the 
President is hereby authorized to appoint such addi- 
tional officers, and to employ such petty officers, sea- 
men, ordinary seamen, landsmen, boys, firemen, and 
coal-heavers as he may deem necessary. 
Ibid, § 3. 
Officers of 
Regular 
Navy ap- 
pointed to 
Provisional 
Navy. 
Ibid, g 4. 
Officers of 
Regular 
Navy ap- 
pointed to 
rank of 
admirals, 
vice-admi- 
rals, etc. 
639. When an officer of the Regular Navy is ap- 
pointed to the Provisional Navy, such appointment 
shall not alter or affect his rank or position in the 
Regular Navy. 
640. All commissioned officers of the Regular Navy 
shall be appointed by the President, by and with the 
advice and consent of the Senate, whenever, in his 
judgment, the public service requires their appoint- 
ment, and in such numbers as he may think necessary, 
to the following ranks and grades, viz: Admirals, 
vice-admirals, rear-admirals, commodores, and to such 
other ranks and grades as may exist in the Regular 
Navy. 
641. All questions in regard to the assimilated rank 
between officers of the Provisional Army and Provi- 
sional Navy, and between officers of the Regular Navy 
and Provisional Navy, shall be fixed by regulation. 
Ibid, $ 6. 
Assimilated 
rank. 
Ibid, g 6. 
Pay. 
642. Officers of the Provisional Navy shall be paid 
as follows: Admirals, the same as is now fixed by law NAVAL LAWS. 
for admirals in the Regular Navy [589] ; vice-admirals 
and rear-admirals, the same as is now fixed by law for 
flag-officers in the Regular Navy [574]; commodores, 
the same as is now fixed by law for captains in the 
Regular Navy [574]. All other ranks, grades, and 
persons the same that similar ranks, grades, and per- 
sons receive in the Regular Navy. 
643. All laws and regulations for the government of 
° ° 
the Regular Navy shall apply to the Provisional Navy, 
Laws and 
regulations. 
XXVI-VOLUNTEER NAVY. 
644. Private armed vessels received. , 
645. Vessels armed and provided at the expense of persons applying 
for service. 
646. Grades of commissioned officers. Warrant officers. Pay. Uni- 
form. Descriptive list, shipping articles, etc. 
647. Authority to capture enemy’s vessels and property. Proceedings 
in cases of prize. 
648. Recaptures. Salvage. 
649. Bounty for vessels destroyed and for prisoners captured. 
650. Five per cfcnt. of prize and compensation money to be paid iuto 
the Treasury for relief of the wounded and others. 
651. Vessels, officers, and crews may be received beyond the Confeder- 
ate States. 
652. Assistant paymasters. Who ineligible. 
653. Not to apply to certain persons sent abroad. 
644. The Congress of the Confederate States of Ameri- 
ca do enact, That the President of the Confederate 
States is hereby authorized to receive into the service 
of the government private armed vessels, to be organ- 
ized into a Volunteer Navy, and to appoint and com- 
mission officers for the same, who shall serve during 
the war, unless sooner discharged, under rules and 
regulations hereinafter prescribed, and such as may 
hereafter be established : Provided, however, That no 
vessel of less capacity than one hundred tons shall be 
received into said volunteer service. 
April 18, 
1863. 
21, ch. 30. 
Private arm- 
ed vessels 
received. 
Appoint- 
ment of offi- 
cers for the 
war. 
645. Any person or persons applying for service un- 
der this act, shall arm, man, provide, and furnish the 
vessel or vessels to be used at his or their own ex- 
pense, and shall furnish in writing to the Secretary of 
the Navy the name, armament, and character of such 
vessel or vessels, and the names of the persons to be 
Ibid, g 2. 
Vessels arm- 
ed and pro- 
vided at the 
expense of 
persons 
applying for 
service. 222 
DIGEST OF 
commissioned and warranted as officers, with the evi- 
dence of their character and fitness for the service; 
and if, in the judgment of the President, the vessel or 
vessels shall be fit for the service, and the parties 
named as officers be worthy to command, the Presi- 
dent shall be authorized to receive such vessel or ves- 
sels into the Volunteer Navy of the Confederate States 
of America, and to commission the officers for the same 
to serve during the war, unless sooner discharged. 
Ibid, ? 3. 
Grades of 
commission- 
ed officers. 
646. The grades of commissioned officers of the Vol- 
unteer Navy shall be as follows: Commander, first lieu- 
tenant, second lieutenant, assistant surgeon, and first 
and second assistant engineers. And the President 
may direct the Secretary of the Navy to issue warrants 
to such masters, boatswains, gunners, carpenters, and 
sail-makers as he may deem necessary for such service; 
and the pay of the officers and crew shall be as follows : 
For a commander, twenty-five dollars per month; for 
a first lieutenant, twenty dollars per month ; for a sec- 
ond lieutenant, fifteen dollars per month ; for an assist- 
ant surgeon, fifteen dollars per month; for an assistant 
engineer, fifteen dollars per month ; for a second as- 
sistant engineer, ten dollars per month; for warrant 
officers, ten (lollars per month ; for seamen, five dol- 
lars per month; but such pay shall be given only for 
sea-service. And the President may prescribe a uni- 
form for the officers and seamen; and when any vessel 
or vessels shall be prepared for service, and received 
under the provisions of this act, it or they shall be un- 
der the control and direction of the President, and 
subject to all the laws, rules, and regulations of the 
Fegular Navy of the Confederate States, except as 
otherwise provided for in this act. It shall be the duty 
of the commander of every such vessel to transmit to 
the Secretary of the Navy, as early as practicable 
after the organization of his crew, a descriptive list 
thereof, together with a duplicate of their shipping 
articles or enlistment rolls, and of the contract be- 
tween owners, officers, and crew, for the division of 
prize-money. 
Warrant 
officers. 
I'ay. 
Uniform. 
Descriptive 
list, shipping 
articles, etc. 
Ibid, § 4. 
Authority to 
647. That the vessels of the Volunteer Navy are NAVAL LAWS. 
authorized to seize, capture, and destroy upon the sea, 
or within the ebb and flow of the tide, all vessels and 
property of the United States, and of the citizens there- 
of ; and ninety per cent, of the value of all such capt- 
ures, less the costs and expenses of adjudication, shall 
be forfeited, and accrue to the benefit of the owmers, 
officers,and crews of the vessels making such captures; 
and all vessels and property captured as aforesaid shall 
be proceeded against and adjudicated as in other cases 
of prize under the laws of the Confederate States [661, 
662], which are hereby extended over the same; and 
the proceeds accruing from such condemnations shall 
be distributed under order of the court having juris- 
diction thereof, according to the written agreement 
between the parties entitled to the same; but if there 
be no such written agreement, then one-half to the 
owners of the vessel, and the other half to the officers 
and crews, according to the rules prescribed for the 
distribution of prize-money in the Kegular Navy. 
capture one- 
my’s vessels 
and property 
Proceedings 
in cases of 
prize. 
648. All vessels, goods, and effects, the property of 
any citizen of the Confederate States, or of any per- 
sons resident in and under the protection of the Con- 
federate States, or of persons permanently within the 
territories and under the protection of any foreign 
prince, government, or state in amity with the Con- 
federate States, which shall have been captured by the 
forces of the United States of America, and recaptur- 
ed by vessels commissioned under this act, shall be re- 
stored to their lawful owners, upon payment by them 
of a just and reasonable salvage, to be determined by 
the agreement of the parties mutually concerned, or 
by the decree of any court having competent jurisdic- 
tion. And such salvage shall be distributed amongst 
the owners, officers, and crews of the vessels making 
such captures, according to the manner and upon the 
principles heretofore provided for in such cases of capt- 
ure and prize [660]. 
Ibid, 2 5. 
Recaptures. 
Salvage. 
649. The owners* officers, and crews of vessels com- 
missioned under this act shall be entitled to receive, 
from the Treasury of the Confederate States, twenty- 
five per cent, of the value of every armed vessel, or 
Ibid, l 6. 
Bounty for 
vessels de- 
stroyed and 
for prisoners 
captured. 224 
DIGEST OF 
military or naval transport inthe service of the United 
States which they may burn, sink, or destroy, and the 
sum of twenty-five dollars for every prisoner captured 
on board such vessel or transport, and brought into 
the Confederate States. And the Secretary of the 
Navy is hereby authorized to distribute the compen- 
sation accruing under this section in the same man- 
ner and on the same principles as hereinbefore pro- 
vided in cases of prize and capture [659]. All ques- 
tions of relative or assimilated rank between the Regu- 
lar and Volunteer Navy shall be decided by the Presi- 
dent. 
Ibid, \ 7. 
Ten percent, 
of prize and 
compensa- 
tion money 
to be paid in- 
to the Treas- 
ury for relief 
of the 
wounded 
and others. 
650. The remaining ten per cent. [647] of all prize 
and compensation money accruing under this act shall 
be paid into the Treasury of the Confederate States, 
to be held by the government as a fund for the main- 
tenance of such persons as may be wounded, and of 
the widows and orphans of those slain while engaged 
in such service, to be assigned and distributed as shall 
hereafter be provided for by law'. 
Feb. 11,1864 
$ 1, ch. 30. 
Vessels, offi- 
cers, and 
crews may 
be received 
beyond the 
Confederate 
States. 
651. That the act entitled “ An act to establish a 
Volunteer Navy/’ approved April eighteenth, eighteen 
hundred and sixty-three [644 et seqJ], be so amended 
that the President be and he is hereby authorized to 
issue the commissions and warrants contemplated by 
said act, under such regulations as he may prescribe, 
to applicants for service in the Volunteer Navy, when 
satisfied that said applicants will furnish a suitable 
vessel for said service, and to receive into the Volun- 
teer Navy said vessel, and her officers and crew, within 
or beyond the Confederate States. 
Ibid, l 2. 
Assistant 
paymasters. 
652. That the President be and he is hereby author- 
ized to appoint assistant paymasters for the Volunteer 
Navy, who shall receive, when on duty at sea, fifteen 
dollars per month. But no person under forty-five 
years of age, and liable to perform military duty, shall 
receive such appointment. 
Who ineligi- 
ble. 
Feb. 17,1864 
ch. 68. 
Not to apply 
to certain 
persons sent 
abroad. 
65S. That the second section of the aforesaid act of 
the eleventh February, eighteen hundred and sixty- 
four [652], shall not apply to any persons who, prior 
to the passage of said act, had been sent abroad as 225 
NAVAL LAWS. 
assistant paymaster, or for the purpose of disbursing 
funds in the purchase or equipment of vessels. 
XXVII—MARITIME LAW. 
654. Preamble. Declaration of principles. 
654. Whereas the Plenipotentiaries of Great Britain, 
Austria, Prance, Prussia, Russia, Sardinia, and Tur- 
key, in a conference held at Paris on the 16th of April, 
1856, made certain declarations respecting maritime 
law, to serve as uniform rules for their guidance in all 
cases arising under the principles thus proclaimed : 
And whereas it being desirable not only to attain 
certainty and uniformity, as far as may be practicable, 
in maritime law, but also to maintain whatever is just 
and proper in the established usages of nations, the 
Confederate States of America deem it important to 
declare the principles by which they will be governed 
in their intercourse with the rest of mankind. Now, 
therefore, 
Aug. 13,1861 
Res. 4. 
Preamble. 
Be it resolved, by the Congress of the Confederate States 
of America, 1. That we maintain the right of priva- 
teering, as it has been long established by the practice 
and recognized by the law of nations. 
2. That the neutral flag covers enemy’s goods, with 
the exception of contraband of war. 
3. That neutral goods, with the exception of con- 
traband of war, are not liable to capture under ene- 
my’s flag. 
4. That blockades, in order to be binding, must be 
effectual—that is to say, maintained by a force suffi- 
cient really to prevent access to the coast of the enemy. 
Declaration 
of principles. 
XXVIII.-PRIVATEERS AND PRIZES. 
655. Preamble. Letters of marque and reprisal. on 
neutral vessels. United States vessels in ports of the Con- 
federate States. 
656. Revocation of letters of marque and reprisal. 226 
DIGEST OF 
657. Application for letters of marque and reprisal. 
658. Bond. 
659. Captures and prizes; how distributed. 
660. Recapture of vessels belonging to Confederate States citizens. 
Salvage. 
661. Captured vessels to be taken before the courts for condemnation 
before breaking bulk. District court to have exclusive orig- 
inal cognizance when brought within the Confederate States. 
662. Authority to break bulk in certain cases. 
663. Persons on board of captured or recaptured vessels to be reported 
to collector and delivered to the marshal. 
664. Unarmed vessels; their officers, crews, and passengers. 
665. Instructions. 
666. Bounty for vessels destroyed and for prisoners captured. 
667. Payment in addition to bounty of twenty per centum on the value 
of every vessel of war destroyed. Valuation; how made. 
668. Bounty not allowed for prisoners in certain cases. 
669. Evidence to establish value of armed vessels and their armaments 
when destroyed. 
670. Bounty for destroying armed vessels by new inventions. 
671. Inventions of new kinds of armed vessels, etc. 
672. Journal to be kept by the commander of every privateer. Delivery 
of journal to collector of customs. Duty of collector on ar- 
rival of vessels. 
673. Penalty for violating the foregoing provisions. 
674. Violation of revenue laws. 
675. Deduction of duties on captured goods brought into the Confeder- 
ate States. 
676. Fund for support of the widows and orphans of persons slain on 
board of privateers, and for support of the disabled. 
677. Prizes to be sold at auction by the marshal of the district in 
which they are condemned. 
678. Prizes to be sold in certain cases by the marshal of the adjoining 
district. 
679. Distribution of proceeds of sales. 
680. Marshal’s commissions. 
681. Account of sales to be filed. 
682. Removal of prizes before libel is filed. 
683. Purchaser may change name of vessel. 
684. Relinquishment of government claim for vessels captured by 
Captain Hollins and others. 
May 6,1861, 
11, ch. 3. 
Preamble. 
655. Recognizing the existence of war between the 
United States and the Confederate States: and con- 
cerning letters of marque, prizes, and prize goods. 
Whereas the earnest efforts made by this govern- 
ment to establish friendly relations between the Gov- 
ernment of the United States and the Confederate 
States, and to settle all questions of disagreement be- 
tween the two governments upon principles of right, 
justice, equity, and good faith, have proved unavailing 
by reason of the refusal of the Government of the 
United States to hold any intercourse with the com- 
missioners appointed by this government for the pur- 
poses aforesaid, or to listen to any proposals they had 
to make for the peaceful solution of all causes of diffi- NAVAL LAWS. 
227 
culty between the two governments: and whereas 
the President of the United States of America has 
issued his proclamation making requisition upon the 
states of the American Union for seventy-five thou- 
sand men for the purpose, as therein indicated, of capt- 
uring forts and other strongholds within the juris- 
diction of and belonging to the Confederate States of 
America, and has detailed naval armaments upon the 
coasts of the Confederate States of America, and 
raised, organized, and equipped a large military force 
to execute the purpose aforesaid, and has issued his 
other proclamation announcing his purpose to set on 
foot a blockade of the ports of the Confederate States: 
and whereas the State of Virginia has seceded from 
the Federal Union and entered into a convention of 
alliance offensive and defensive with the Confederate 
States, and has adopted the Provisional Constitution 
of the said states; and the States of Maryland, North 
Carolina, Tennessee, Kentucky, Arkansas, and Mis- 
souri have refused, and it is believed that the State of 
Delaware and the inhabitants of the Territories of 
Arizona and New Mexico, and the Indian territory 
south of Kansas, will refuse, to co-operate with the 
Government of the United States in these acts of hos- 
tilities and wanton aggression, which are plainly in- 
tended to overawe, oppress, and finally subjugate the 
people of the Confederate States: and whereas, by the 
acts and means aforesaid, war exists between the 
Confederate States and the Government of the United 
States and the states and territories thereof, except 
the States of Maryland, North Carolina, Tennessee, 
Kentucky, Arkansas, Missouri, and Delaware, and the 
Territories of Arizona and New Mexico, and the In- 
dian territory south of Kansas : Therefore, 
The Congress of the Confederate States of America do 
enact, That the President of the Confederate States is 
hereby authorized to use the whole land and naval 
force of the Confederate States to meet the war thus 
commenced, and to issue to private armed vessels 
commissions, or letters or marque and general repri- 
Letters of 
reprisal. DIGEST OF 
sal, in such form ps he shall think proper, under the 
seal of the Confederate States, against the vessels, 
goods, and effects of the Government of the United 
States, and of the citizens or inhabitants of the states 
and territories thereof: Provided, hoivever, That prop- 
erty of the enemy (unless it be contraband of war), 
laden on board a neutral vessel, shall not be subject to 
seizure under this act: And provided, further, That 
vessels of the citizens or inhabitants of the United 
States, now in the ports of the Confederate States, 
except such as have been since the fifth of April 
last, or may hereafter be, in the service of the Gov- 
ernment of the United States, shall be allowed thirty 
days after the publication of this act to leave said 
ports and reach their destination; and such vessels 
and their cargoes, excepting articles contraband of 
war, shall not be subject to capture under this act 
during said period, unless they shall have previously 
reached the destination for which they were bound on 
leaving said ports. 
Enemy’s 
property on 
neutral 
vessels. 
U. S. vessels 
in ports of 
the Con- 
federate 
States. 
Ibid, \ 2. 
Revocation 
of letters of 
marque and 
reprisal. 
656. That the President of the Confederate States 
shall be and he is hereby authorized and empowered 
to revoke and annul, at pleasure, all letters of marque 
and reprisal which he may at any time grant pursuant 
to this act. 
Ibid, l 3. 
Applications 
for letters of 
marque and 
reprisal. 
657. That all persons applying for letters of marque 
and reprisal, pursuant to this act, shall state in writing 
the name, and a suitable description of the tonnage 
and force of the vessel, and the name and place of 
residence of each owner concerned therein, and the 
intended number of the crew—which statement shall 
be signed by the person or persons making such ap- 
plication, and filed with the Secretary of State, or 
shall be delivered to any other officer or person who 
shall be employed to deliver out such commissions, to 
be by him transmitted to the Secretary of State. 
Ibid, i 4. 
Bond. 
658. That before any commission or letters of 
marque and reprisal shall be issued as aforesaid, the 
owner or owners of the ship or vessel for which the 
same shall be requested, and the commander thereof 229 
NAVAL LAWS. 
for the time being, shall give bond* to the Confeder- 
ate States, with at least two responsible sureties not 
interested in such vessel, in the penal sum of five 
thousand dollars, or if such vessel be provided with 
more than one hundred and fifty men, then in the 
penal sum of ten thousand dollars, with condition that 
the owners, officers, and crew who shall be employed on 
board such commissioned vessel shall and will observe 
the laws of the Confederate States, and the instruc- 
tions which shall be given them according to law for 
the regulation of their conduct,* and will satisfy all 
damages and injuries which shall be done or commit- 
ted contrary to the tenor thereof by such vessel dur- 
ing her commission, and to deliver up the same when 
revoked by the President of the Confederate States. 
659. That all captures and prizes of vessels and 
property shall be forfeited and shall accrue to the 
owners, officers, and crews of the vessels by whom 
such captures and prizes shall be made, and on due 
condemnation had shall be distributed according to 
any written agreement which shall be made between 
them ; and if there be no such written agi*eement, 
then one moiety to the owners, and the other moiety 
to the officers and crew, as nearly as may be, accord- 
ing to the rules prescribed for the distribution of prize- 
money by the laws of the Confederate States. 
Ibid, § 5. 
Captures 
and prizes; 
how distrib- 
uted. 
660. That all vessels, goods, and effects, the prop- 
erty of any citizen of the Confederate States, or of 
persons resident ivithin and under the protection of 
the Confederate States, or of persons permanently 
within the territories and under the protection of any 
foreign prince, government, or state in amity with the 
Confederate States, which shall have been captured 
by the United States, and which shall be recaptured 
by vessels commissioned as aforesaid, shall be restored 
to the lawful owners, upon payment by them of a just 
and reasonable salvage, to be determined by the mu- 
tual agreement of the parties concerned, or by the 
decree of any court having jurisdiction, according to 
the nature of each case, agreeably to the provisions 
Ibid, ? 6. 
Recapture of 
vessels 
belonging to 
Confederate 
States 
citizens. 
* See Appendix—“ President’s instructions to private armed vessels.” 230 
DIGEST OK 
Salvage. 
established by law. And such salvage shall be dis- 
tributed among the owners, officers, and crews of the 
vessels commissioned as aforesaid and making such 
captures, according to any written agreement which 
shall be made between them; and in case of no such 
agreement, then in the same manner and upon the 
principles hereinbefore provided in cases of capture. 
661. That before breaking bulk [662] of any vessel 
which shall be captured as aforesaid, or other disposal 
or conversion thereof, or of any articles which shall 
be found on board the same, such captured vessel, 
goods, or effects shall be brought into some port of 
the Confederate States, or of a nation or state in amity 
with the Confederate States, and shall be proceeded 
against before a competent tribunal; and after con- 
demnation and forfeiture thereof shall belong to the 
owners, officers, and crew of the vessel capturing the 
same, and be distributed as before provided; and in 
the case of all captured vessels, goods, and effects 
which shall be brought within the jurisdiction of the 
Confederate States, the district courts of the Con- 
federate States shall have exclusive original cogni- 
zance thereof, as the civil causes of admiralty and 
maritime jurisdiction; and the said courts, or the 
courts, being courts of the Confederate States, into 
which such cases shall be removed, and in which they 
shall be finally decided, shall and may decree restitu- 
tion, in whole or in part, when the capture shall have 
been made without just cause. And if made without 
probable cause, may order and decree damages and 
costs to the party injured, for which the owners and 
commanders of the vessels making such captures, and 
also the vessels, shall be liable. 
Ibid, l 7. 
Captured 
vessels to be 
taken before 
the courts 
for condem- 
nation, 
before 
breaking 
bulk. 
District 
courts to 
have exclu- 
sive original 
cognizance 
when 
brought 
within the 
Confederate 
States. 
Aug. 30,1861 
31, ch. 64. 
Authority to 
break bulk 
in certain 
cases. 
662. That the seventh section of the first above re- 
cited act [661] be so amended as to permit and author- 
ize the breaking of bulk and the removal, by the cap- 
tors, of the whole or any part of the goods found on 
board a captured vessel, whenever such removal may 
be necessary for the safe carriage of such vessel into 
port, and also in all cases where, by grounding or 
otherwise, the securing of the cargo, or any part NAVAL LAWS. 
231 
thereof, may require the removal: Provided, That the 
person in command of the vessel making such capture 
shall, as soon as practicable after landing the cargo, 
or any part thereof, cause an exact inventory of the 
same to be made by the nearest magistrate, wherein 
shall be specified each and every article so landed, 
and the marks, if any thereon, and forward the same 
immediately to the collector of the nearest port; the 
property so landed shall remain in the custody of such 
magistrate, and he shall retain possession thereof un- 
til the same can be delivered to the marshal; and the 
court before which such cargo shall be brought, in 
case the same be condemned, may allow such compen- 
sation to the magistrate as to the court may seem just 
and proper: And 'provided, f urther, That when such 
removal shall be made for the purpose of lightening 
over bars and shoals, and the goods removed shall, as 
soon thereafter as practicable, be returned on board 
the prize vessel, the same may be carried to port as if 
no removal had been made; and no delivery, as pro- 
vided in the preceding clause, to a magistrate shall be 
required. 
663. That all persons found on board any captured 
vessels, or on board any recaptured vessel, shall be 
reported to the collector of the port in the Confeder- 
ate States in which they shall first arrive, and shall 
be delivered into the custody of the marshal of the 
district, or some court or military officer of the Con- 
federate States, or of any state in or near such port, 
who shall take charge of their safe-keeping and sup- 
port, at the expense of the Confederate States. 
May 6, 1861 
§ 8, ch. 3. 
Persons on 
board of 
captured or 
recaptured 
vessels. 
664. That the eighth section [663] of the act enti- 
tled “ An act recognizing the existence of war between 
the United States and the Confederate States, and con- 
cerning letters of marque, prizes, and prize goods,” 
shall not be so construed as to authorize the holding as 
prisoners of war the officers or crew of any unarmed 
vessel, nor any passenger on such vessels, unless such 
passengers be persons employed in the public service 
of the enemy. 
May 21, 1861 
12, ch. 59. 
Unarmed 
vessels; their 
officers, 
crews, and 
passengers. DIGEST OF 
May 6,1861 
j 9, ch. 3. 
Instructions 
665. That the President of the Confederate States is 
hereby authorized to establish and order suitable in- 
structions* for the better governing and directing the 
conduct of the vessels so commissioned, their officers, 
and crews, copies of which shall be delivered by the 
collector of the customs to the commanders, when they 
shall give bond, as provided. 
Ibid, ? 10. 
Bounty for 
vessels 
destroyed. 
666. That a bounty shall be paid by the Confederate 
States of twenty dollars for each person on board any 
armed ship or vessel belonging to the United States 
at the commencement of an engagement, which shall 
be burnt, sunk, or destroyed by any vessel commission- 
ed as aforesaid, which shall be of equal or inferior force, 
the same to be divided as in other cases of prize-money; 
and a bounty of twenty-five dollars shall be paid to 
the owners, officers, and crews of the private armed 
vessels commissioned as aforesaid, for each and every 
prisoner [668] by them captured and brought into 
port, and delivered to an agent authorized to receive 
them, in any port of the Confederate States; and the 
Secretary of the Treasury is hereby authorized to 
pay, or cause to be paid, to the owners, officers, and 
crews of such private armed vessels commissioned 
as aforesaid, or their agent, the bounties herein pro- 
vided. 
Bounty for 
prisoners 
captured. 
May 21,1861 
g 1. ch. 50. 
Payment, in 
addition to 
bounty, of 
20 per cent, 
on the value 
of every ves- 
sel of war 
destroyed. 
667. That the tenth section of the above entitled 
act be so amended that, in addition to the bounty there- 
in mentioned, the Government of the Confederate 
States will pay to the cruiser or cruisers of any private 
armed vessel commissioned under said act, twenty per 
centum [666] on the value of each and every vessel of 
war belonging to the enemy that may be sunk or de- 
stroyed by such private armed vessel or vessels, the 
value of the armament to be included in the estimate. 
The valuation [669] to be made by a board of naval 
officers appointed, and their award to be approved by 
the President, and the amount found to be due to be 
payable in eight per cent, bonds of the Confederate 
States. 
Valuation; 
how made. 
* See Appendix—“ President’s instructions to private armed vessels.” NAVAL LAWS. 
668. That the tenth section of the above recited act 
[666] shall not be so construed as to allow a bounty for 
prisoners captured on vessels of the enemy and brought 
into port, unless such prisoners were captured on board 
of an armed ship or vessel of the enemy of equal or 
superior force to that of the private armed vessel 
making the capture. 
May 21, 1861 
l 3. ch. 59. 
Bounty not 
allowed for 
prisoners in 
certain cases 
669. That the first section of the above entitled act 
[667] be so amended that the board of naval officers 
therein provided for to make valuation of any armed 
vessel and its armament, sunk or destroyed under the 
provisions of said act, shall have, and are hereby in- 
vested with, power to take and receive such depositions, 
affidavits, official reports, and other evidence, written 
or oral, as they may deem necessary to enable them to 
make the valuation required by said act. 
April 30, 
1863, ch. 57. 
Evidence to 
establish 
value of arm- 
ed vessels 
and their ar- 
maments 
destroyed. 
670. That the first section of the above entitled act 
[667] be so amended that, in case any person or per- 
sons shall invent or construct any new machine or en- 
gine, or contrive any new method for destroying the 
armed vessels of the enemy, he or they shall receive 
fifty per centum of the value of each and every such 
vessel that may be sunk or destroyed, by means of 
such invention or contrivance, including the value of 
the armament thereof, in lieu of twenty per centum, 
as provided by said act. 
April 21, 
1862, ch. 71. 
Bounty for 
destroying- 
armed ves- 
sels by new 
inventions. 
671. That if any person who may have invented or 
may hereafter invent any new kind of armed vessel, 
or floating battery, or defence, shall deposit a plan of 
the same, accompanied by suitable explanations or spe- 
cifications, in the Navy department, together with an 
affidavit setting forth that he is the inventor thereof, 
such deposit and affidavit (unless the facts set forth 
therein shall be disproved) shall entitle such inventor 
or his assigns to the sole and exclusive enjoyment of 
the rights and privileges conferred by this act, reserv- 
ing, however, to the government, in all cases, the right 
of using such invention. 
May 21,1801 
? 2, ch. 50. 
Inventions 
of new kinds 
of armed 
vessels, etc. 
672. That the commanding officer of every vessel 
having a commission or letters of marque and reprisal, 
during the present hostilities between the Confederate 
May 6,1861 
<S 11, ch. 3. 
Journal to 
be kept by 
the com- DIGEST OF 
inander of 
every priva- 
teer. 
States and the United States, shall keep a regular 
journal, containing a true and exact account of his 
daily proceedings and transactions with such vessel 
and the crew thereof; the ports and places he shall 
put into or cast anchor in ; the time of his stay there, 
and the cause thereof; the prizes he shall take, and 
the nature and probable value thereof; the times and 
places when and where taken, and in what manner he 
shall dispose of the same ; the ships or vessels he shall 
fall in with; the times and places when and where he 
shall meet with them, and his observations and re- 
marks thereon ; also, of whatever else shall occur to 
him, or any of his officers or marines, or be discovered 
by examination or conference with any marines or pas- 
sengers of or in any other ships or vessels, or by any 
other means, touching the fleets, vessels, and forces of 
the United States, their posts and places of station, 
and destination, strength, numbers, intents, and de- 
signs ; and such commanding officer shall, immediate- 
ly on his arrival in any port of the Confederate States, 
from or during the continuance of any voyage or cruise, 
produce his commission for such vessel, and deliver up 
such journal, so kept as aforesaid, signed with his prop- 
er name and handwriting, to the collector or other 
chief officer of the customs at or nearest to such port— 
the truth of which journal shall be verified by the oath 
of the commanding officer for the time being. And 
such collector or other chief officer of the customs shall, 
immediately on the arrival of such vessel, order the 
proper officer of the customs to go on board and take 
an account of the officers and men, the number and 
nature of the guns, and whatever else shall occur to 
him, on examination, material to be known ; and no 
such vessel shall be permitted to sail out of port again 
until such journal shall have been delivered up, and a 
certificate obtained under the hand of such collector 
or other chief officer of the customs, that she is manned 
and armed according to her commission ; and upon 
delivery of such certificate, any former certificate of a 
like nature which shall have been obtained by the 
commander of such vessel, shall be delivered up. 
Delivery of 
journal to 
collector of 
customs. 
Duty of 
collector on 
arrival of 
vessel. NAVAL LAWS. 
235 
673. That the commanders of vessels having letters 
of marque and reprisal as aforesaid, neglecting to keep 
adjournal as aforesaid, or wilfully making fraudulent 
entries therein, or obliterating the record of any ma- 
terial transaction contained therein, where the inter- 
est of the Confederate States is concerned, or refusing 
to produce and deliver such journal, commission, or 
certificate, pursuant to the preceding section of this act, 
then and in such cases the commissions or letters of 
marque and reprisal of such vessels shall be liable to 
be revoked; and such commanders respectively shall 
forfeit for every such offence the sum of one thousand 
dollars, one moiety thereof to the use of the Confed- 
erate States, and the other to the informer. 
Ibid, g 12. 
Penalty for 
violating the 
foregoing 
provisions. 
674. That the owners or commanders of vessels hav- 
ing letters of marque and reprisal as aforesaid, who 
shall violate any of the acts of Congress for the col- 
lection of the revenue of the Confederate States, and 
for the prevention of smuggling, shall forfeit the com- 
mission or letters of marque and reprisal, and they and 
the vessels owned or commanded by them shall be lia- 
ble to all the penalties and forfeitures attaching to 
merchant vessels in like cases. 
Ibid, g 13. 
Violation of 
revenue laws 
675. That on all goods, wares, and merchandize capt- 
ured, and made good and lawful prizes of war, by any 
private armed ship having commission or letters of 
marque and reprisal under this act, and brought into 
the Confederate States, there shall be allowed a deduc- 
tion of thirty-three and one-third per cent, on the 
amount of duties imposed by law. 
Ibid, g 14. 
Deduction of 
duties on 
captured 
goods 
brought into 
the Confed- 
erate States. 
676. That five per centum on the net amount (after 
deducting all charges and expenditures') of the prize- 
money arising from captured vessels and cargoes, and 
J ° r ° 7 
on the net amount of the salvage of vessels and car- 
° 
goes recaptured by private armed vessels of the Con- 
° J 1 
federate States, shall be secured and paid over to the 
i . A 
collector or other chief officer of the customs at the 
port or place in the Confederate States at which such 
captured or recaptured vessels may arrive, or to the 
consul or other public agent of the Confederate States 
residing at the port or place not within the Confederate 
support of 
a«d orphans 
of persons 
slain on 
board of 
privateers. 
and for sup- 
port of the 
disabled. DltlEST OF 
States at which such captured or recaptured vessel may 
arrive. And the moneys arising therefrom shall be 
held and are hereby pledged by the Government of the 
Confederate States as a fund for the support and main- 
tenance of the widows and orphans of such persons as 
may be slain, and for the support and maintenance of 
such persons as may be wounded and disabled on board 
of the private armed vessels commissioned as afore- 
said, in any engagement with the enemy, to be assign- 
ed and distributed in such manner as shall hereafcer be 
provided by law. 
May 14,1861 
§ 1, ch. 18. 
Prizes to be 
sold at auc- 
tion by the 
marshal of 
the district 
in which 
they are 
condemned. 
677. That all prizes of vessels and property captured 
by private armed ships, in pursuance of the act pass- 
ed by Congress recognizing the existence of war be- 
tween the United States and the Confederate States, 
and concerning letters of marque, prizes, and prize 
goods [655], which may be condemned in any court 
of the Confederate States, shall be sold at public auc- 
tion by the marshal of the district in which the same 
shall be condemned, within.sixty days after the con- 
demnation thereof1—sufficient notice of the time and 
place and condition of sale being first given—on such 
day or days, on such terms of credit, and in such lots 
or proportions as may be designated by the owner or 
owners, or agent of the owner or owners, of the priva- 
teer whioh may have captured the same : Provided, 
That the terms of such credit shall not exceed ninety 
days. And the said marshal is hereby directed to take 
and receive from the purchaser or purchasers of such 
prize vessel and property the money therefor, or his, 
her, or their promissory notes, with endorsers, to be 
approved by the owner or owners of the privateer, to 
the amount of the purchase, payable according to,the 
terms thereof. 
Aug. 30, 
1861, § 2, 
ch. 64. 
Prizes to be 
sold in cer- 
tain cases 
by the mar- 
shal of the 
adjoining 
district. 
678. That the first section [677] of the last above re- 
cited act be so amended as to allow the judge of a prize 
court, wherein any condemnation may be had, to order 
and decree that the said vessel and the cargo, or any 
part thereof, may, in his discretion, aud to enhance the 
value thereof, be sold by the marshal of the adjoining 
district, and at such place therein as he may designate: NAVAL LAWS. 
237 
Provided, always, That the duties upon all dutiable 
goods shall be paid from the proceeds of sale. 
679. That upon all duties, costs, and charges being 
paid according to law, the said marshal shall, on de- 
mand, deliver and pay over to the owner or owners of 
the privateer, or to the agent of such owner or own- 
ers of the privateer which may have captured such 
prize vessel and property, a just and equal proportion 
of the funds received on account of the sale thereof, 
and of the promissory notes directed to be taken as 
aforesaid, to which the said owner or owners may be 
entitled according to the articles of agreement between 
the said owner or owners and the officers and crew of 
the said privateer; and a just and equal proportion of 
the proceeds of the sale as aforesaid shall, on demand, 
be also paid over by the said marshal to the officers and 
crew of the said privateer, or to their agent or agents. 
And if there be no written agreement, it shall be the 
duty of the marshal to pay over, in manner as afore- 
said, one moiety of the proceeds of the sale of such 
prize vessel and property to the owner or owners of 
the privateer which may have captured the same, and 
the other moiety of the said proceeds to the agent or 
agents of the officers and crew of the said privateer, to 
be distributed according to law or to any agreement 
by them made: Provided, The said officers and crew, 
or their agent or agents, shall have first refunded 
to the owner or owners, or to the agent of the owner 
or owners of the privateer aforesaid, the full amount 
of advances which shall have been made by the own- 
er or owners of the privateer to the officers and crew 
thereof. 
May 14, 1861 
l 2 ch. 18. 
Distribution 
of proceeds 
of sales. 
680. That for the selling prize property and receiv- 
ing and paying over the proceeds as aforesaid, the 
marshal shall be entitled to a commission of one per 
cent, and no more, first deducting all duties, costs, and 
charges which may have accrued on said property: 
Provided, That in no case of condemnation and sale 
of any one prize vessel and cargo shall the commis- 
sions of the marshal exceed two hundred and fifty 
dollars. 
Ibid, l 3. 
Marshal’s 
commissions DIGEST OF 
Ibid, g 4. 
Account of 
sales to be 
filed. 
681. That it shall be the duty of the marshal, with- 
in fifteen days after any sale of prize property, to file 
in the office of the clerk of the district court of the 
district wherein such sale may be made, a just and 
true account of the sales of such prize property, and 
of all ’duties and charges thereon, together with a 
statement thereto annexed of the promissory notes 
taken on account thereof, which account shall be veri- 
fied by the oath of the said marshal; and if the said 
marshal shall wilfully neglect or refuse to file such 
account, he shall forfeit and pay the sum of five hun- 
dred dollars for each omission or refusal as aforesaid, 
to be recovered in an action of debt by any person in- 
terested in such sale, and suing for the said penalty, 
on account of the party or parties interested in the 
prize vessel or property sold as aforesaid, in any court 
having cognizance thereof. 
Ibid, g 5. 
RcAoval of 
prizes before 
libel is filed. 
682. That the owner or owners of any private arm- 
ed vessel or vessels, or their agent or agents, may, at 
any time before a libel shall be filed against any capt- 
ured vessel or her cargo, remove the same from any port 
into which such prize vessel or property may be first 
brought, to any other port in the Confederate States, to 
be designated at the time of the removal as aforesaid, 
subject to the same restrictions, and complying with 
the same regulations with respect to the payment of 
duties which are provided by law in relation to other 
vessels arriving in port with cargoes subject to the 
payment of duties : Provided, That before such re- 
moval the said captured property shall not have been 
attached at the suit of any adverse claimant, or a claim 
against the same have been interposed in behalf of the 
Confederate States. 
Jan. 27,1862 
ch, 54. 
Purchaser 
may change 
name of 
vessel. 
683. That it shall be lawful for the purchaser of any 
vessel sold under a decree of court as a prize of war, 
to alter the napne thereof, and to bestow on the same 
such name as he may deem proper—which change of 
name shall be duly certified on the papers and titles of 
such vessel by the collector of the port where such sale 
was made. NAVAL LAWS. 
239 
684. That the Government of the Confederate States 
do hereby relinquish all claim to any portion of the 
proceeds of the sale of certain vessels and their car- 
goes captured in the Chesapeake bay and the Potomac 
river, on or about the twenty-ninth day of June, eigh- 
teen hundred and sixty-one, by George M. Hollins, 
captain in the Confederate States Navy, and certain 
officers of the navy and private citizens under his com- 
mand—said prizes having been made without the par- 
ticipation of any vessel of the Confederate States or 
other government aid. 
Feb. 15,1862 
ch. 77. 
Relinquish- 
ment of gov- 
ernment 
claim for 
vessels capt- 
ured by Cap- 
tain Hollins 
and others. 
XXIX—MARINE HOSPITALS. 
fi8'5. Expenses. Transfer of authority. 
685. That the expenses of the marine hospitals in 
the Confederate States be limited to the amounts re- 
ceived for their support; and that the Secretary of the 
Treasury be authorized to place any such hospitals as 
may be practicable under the charge of any corporate 
or state authority which will undertake to keep open 
the same as a hospital for the sick, and to receive there- 
in such seamen as the funds allowed by law for their 
support will enable them to provide for. 
May 16,1861 
Res. 4. 
Expenses. 
Transfer of 
authority. 
XXX—NATURALIZATION. 
6S6. Protection of aliens while in naval service, etc. 
686. That the provisions of the above recited act 
[479] be and the same are hereby extended to all per- 
sons, not citizens of one of the Confederate States, who 
are engaged in the naval service of the Confederate 
States during the present war with the United States : 
Provided, however, That the oath therein preseribed 
may be administered by the captain or other command- 
ing officer of any national ship to all persons entitled 
to the benefit of this act and attached thereto, and that 
Dec. 24,1861 
ch.,20. 
Protection of 
aliens while 
in naval 
service. 
Right to be- 
come natu- 
ralized, etc. 240 
DIGEST OF 
the duties therein imposed upon the Secretary of War 
in regard to persons in the military service, shall be 
performed by the Secretary of the Navy in reference 
to persons in the naval service. 
XXXI—PRESIDENT. 
(See 491 et seq.) 
XXXII-PRISONERS OF WAR. 
(See 500 et seq.) 
XXXIII—RETALIATION. 
(See 508 et seq.) APPENDIX. CLAUSES 
OF THE 
CONSTITUTION 
OF THE 
CONFEDERATE STATES OF AMERICA 
RELATING TO MILITARY AND NAVAL AFFAIRS. 
ARTICLE I. 
Section 8. 
The Congress shall have power— 
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 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 re- 
pel invasions : 
16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employ- 
ed in the service of the Confederate States—reserving to the 
states, respectively, the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress: 
18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested by this constitution in the G-overnment of the 
Confederate States, or in any department or officer thereof. 244 
APPENDIX. 
Section 9. 
3. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when, in case of rebellion or invasion, the public 
safety may require it. 
13. 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. 
14. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of war, 
but in a manner to be prescribed by law. 
16. No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indictment of 
a grand 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 put in jeopardy of life or limb; nor 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 public use, without just 
compensation. 
Section 10. 
1. -No state shall enter into any treaty, alliance, or confeder- 
ation; grant letters of marque and reprisal; coin money; make 
anything but gold and silver coin a tender in payment of debts; 
pass any bill of attainder, or ex post facto law, or law impairing 
the obligation of contracts; or grant any title of nobility. 
3. No state shall, without the consent of Congress, lay any 
duty on tonnage, except on sea-going vessels, for the improve- 
ment of its rivers and harbors navigated By the said vessels; 
but such duties shall not conflict with any treaties of the Con- 
federate States with foreign nations; and any surplus revenue, 
thus derived, shall, after making such improvement, be paid 
into the common treasury. Nor shall any state keep troops or 
ships of war in time of peace, enter into any agreement 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. But when any river divides or flows 
through two or more states, they may enter into compacts with 
each other to improve the navigation thereof. CLAUSES OK THE CONSTITUTION. 
245 
ARTICLE II. 
Section 2. 
1. The President shall be commander-in-chief of the Army 
and Navy of the Confederate States, and of the militia of the 
several states, when called into the actual service of the Con- 
federate States; he may require the opinion, in writing, of the 
principal officer in each of the Executive departments, upon 
any subject relating to the duties of their respective offices; 
and he shall have power to grant reprieves and pardons for 
offences against the Confederacy, except in cases of impeach- 
ment. 
ARTICLE III. 
Section 8. 
1. Treason against tho Confederate States shall consist only 
in levying war against them, or in adhering to their enemies, 
giving them aid and comfort. ]N"o person shall be convicted of 
treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 
2. The Congress shall have power to declare the punishment 
of treason; but no attainder of treason shall work corruption 
of blood, or forfeiture, except during the life of the porson at- 
tainted. 
4. The Confederate States shall guaranty to every state that 
now is, or hereafter may become, a member of this Confederacy, 
a republican form of government; and shall protect each of 
them against invasion; and, on application of the legislature 
(or of the executive, when the legislature is not in session), 
against domestic violence. ARTICLES OF WAR. 
Article 1. Every officer now in the Army of the Confeder- 
ate States shall, in six months from the passing of this act, and 
every officer who shall hereafter be appointed shall, before he 
enters on the duties of his office, subscribe these rules and regu- 
lations. 
Art. 2. It is earnestly recommended to all officers and sol- 
diers diligently to attend divine service; and all officers who 
shall behave indecently or irreverently at any place of divine 
worship shall, if commissioned officers, be brought before a gen- 
eral court-martial, there to be publicly and severely reprimand- 
ed by the president; if non-commissioned officers or soldiers, 
every person so offending shall, for his first offence, forfeit one- 
sixth of a dollar, to be deducted out of his next pay; for the 
second offence, he shall not only forfeit a like sum, but be con- 
fined twenty-four hours ; and for every like offence, shall suffer 
and pay in like manner; wThich money, so forfeited, shall be ap- 
plied by the captain or senior officer of the troop or company 
to the use of the sick soldiers of the company or troop to which 
the offender belongs. 
Art. 8. Any non-commissioned officer or soldier who shall 
use any profane oath or execration, shall incur the penalties 
expressed in the foregoing article; and a commissioned officer 
shall forfeit and pay for each and every such offence one dollar, 
to be applied as in the preceding article. 
Art. 4. Every chaplain, commissioned in the Army or Armies 
of the Confederate States, who* shall absent himself from the 
duties assigned him (excepting in cases of sickness or leave of 
absence) shall, on conviction thereof before a court-martial, bo 
fined not exceeding one month’s pay, besides the loss of his pay 
during his absence, or be discharged, as the said court-martial 
shall judge proper. 
Art. 5. Any officer or soldier who shall use contemptuous or 
disrespectful words against the President of the Confederate 
States, against the Vice-President thereof, against the Congress 
of the Confederate States, or against the chief magistrate or ARTICLES OF WAR. 
247 
legislature of any of the Confederate States in which he may 
be quartered, if a commissioned officer, shall be cashiered or 
otherwise punished, as a court-martial shall direct; if anon- 
commissioned officer or soldier, he shall suffer such punishment 
as shall be inflicted on him by the sentence of a court-martial. 
Art. 6. Any officer or soldier who shall behave himself with 
contempt or disrespect toward his commanding officer, shall be 
punished, according to the nature of his offence, by the judg- 
ment of a court-martial. 
Art. 7. Any officer or soldier who shall begin, excite, cause, 
or join in any mutiny or sedition, in any troop or company in 
the service of the Confederate States, or in any party, post, de- 
tachment, or guard, shall suffer death, or such other punishment 
as by a court-martial shall be inflicted. 
Art. 8. Any officer, non-commissioned officer, or soldier, who, 
being present at any mutiny or sedition, does not use his utmost 
endeavor to suppress the same, or, coming to the knowledge of 
any intended mutiny, does not, without delay, give information 
thereof to his commanding officer, shall be punished by the sen- 
tence of a court-martial with death, or otherwise, according to 
the nature of his offence. 
Art. 9. Any officer or soldier who shall strike his superior 
officer, or draw or lift up any weapon, or offer any violence 
against him, being in the execution of his office, on any pretence 
whatsoever, or shall disobey any lawful command of his superior 
officer, shall suffer death, or such other punishment as shall, ac- 
cording to the nature of his offence, be inflicted upon him by the 
sentence of a court-martial. 
Art. 10. Every non-commissioned officer or soldier who shall 
enlist himself in the service of the Confederate States shall, at 
the time of his so enlisting, or within six days afterward, have the 
Articles for the government of tbc Armies of the Confederate 
States read to him, and shall, by the officer who enlisted him, or 
by the commanding officer of the troop or company into which 
he was enlisted, be taken before the next justice of the peace, or 
chief magistrate of any city or town corporate, not being an 
officer of the army, or where recourse can not be had to the 
civil magistrate, before the judge advocate, and in his presence 
shall take the following oath or affirmation : “ I, A. B., do sol- 
emnly swear, or affirm (as the case may be), that I will bear 
true allegiance to the Confederate States of America, and that 248 
APPENDIX. 
1 will serve them honestly and faithfully against all their ene- 
mies or opposers whatsoever; and observe and obey the orders 
of the President of the Confederate States, and the orders of 
the officers appointed over me, according to the Rules and Arti- 
cles for the government of the Armies of the Confederate States.” 
Which justice, magistrate, or judge advocate is to give to the 
officer a certificate, signifying that the man enlisted did take the 
said oath or affirmation. 
Art. 11. After a non-commissioned officer or soldier shall 
have been duly enlisted and sworn, he shall not be dismissed 
the service without a discharge in writing; and no discharge 
granted to him shall be sufficient which is not signed by a field- 
officer of the regiment to which he belongs, or commanding offi- 
cer, where no field-officer of the regiment is present; and no 
discharge shall be given to a non-commissioned officer or soldier 
before his term of service has expired, but by order of the 
President, the Secretary of War, the commanding officer of a 
department, or the sentence of a general court-martial; nor 
shall a commissioned officer be discharged the service but by or- 
der of the President of the Confederate States, or by sentence 
of a general court-martial. 
Art. 12. Every colonel, or other officer commanding a regi- 
ment, troop, or company, and actually quartered with it, may 
give furloughs to non-commissioned officers or soldiers, in such 
numbers, and for so long a time, as he shall judge to be most 
consistent with the good of the service; and a captain, or other 
inferior officer, commanding a troop or company, or in any gar- 
rison, fort, or barrack of the Confederate States (his field-officer 
being absent), may give furloughs to non-commissioned officers 
and soldiers, for a time not exceeding twenty days in six months, 
but not to more than two persons to be absent at the same time, 
excepting some extraordinary occasion should require it. 
Art. 13. At every muster, the commanding officer of each 
regiment, troop, or company there present, shall give to the 
commissary of musters, or other officer who musters the said 
regiment, troop, or company, certificates signed by himself, sig- 
nifying how long such officers as shall not appear at the said 
muster have been absent, and the reason of their absence, in 
like manner, the commanding officer of every troop or company 
shall give certificates, signifying the reasons of the absence of 
the non-commissioned officers and private soldiers—which rea- ARTICLES OF WAR. 
249 
sons and time of absence shall be inserted in the muster-rolls, 
opposite the names of the respective absent officers and soldiers. 
The certificates shall, together with the muster-rolls, be remit- 
ted by the commissary of musters, or other officer mustering, to 
the Department of War, as speedily as the distance of the place 
will admit. 
Art. 14. Every officer who shall be convicted before a general 
court-martial of having signed a false certificate relating to the 
absence of either officer or private soldier, or relative to his or 
their pay, shall be cashiered. 
Art. 15. Every officer who shall knowingly make a false mus- 
ter of man or horse, and every officer or commissary of musters 
who shall willingly sign, direct, or allow the signing of muster- 
rolls wherein such false muster is contained, shall, upon proof 
made thereofj by two witnesses, before a general court-martial, 
be cashiered, and shall be thereby utterly disabled to have or 
hold any office or employment in the service of the Confederate 
States. 
Art. 16. Any commissary of musters, or other officer, who 
shall be convicted of having taken money, or other thing, by way 
of gratification, on mustering any regiment, troop, or company, 
or on signing muster-rolls, shall be displaced from his office, and 
shall be thereby utterly disabled to have or hold any office or 
employment in the service of the Confederate States. 
Art. 17. Any officer who shall presume to muster a person 
as a soldier who is not a soldier, shall be deemed guilty of hav- 
ing made a false muster, and shall suffer accordingly. 
Art. 18. Every officer who shall knowingly make a false re- 
turn to the Department of War, or to any of his superior offi- 
cers authorized to call for such returns, of the state of the regi- 
ment, troop, or company, or garrison under his command, or of 
the arms, ammunition, clothing, or other stores thereunto be- 
longing, shall, on conviction thereof before a court-martial, be 
cashiered. 
Art. 19. The commanding officer of every regiment, troop, 
or independent company, or garrison of the Confederate States 
shall, in the beginning of every month, remit, through the 
proper channels, to the Department of War, an exact return of 
the regiment, troop,,independent companj'-, or garrison under 
his command, specifying the names of the officers then absent 
from their posts, with the reasons for and the time of their ah- 250 
APPENDIX. 
sence. And any officer who shall be convicted of having, through 
neglect or design, omitted sending such returns, shall be pun- 
ished, according to the nature of his crime, by the judgment of 
a general court-martial. 
Art. 20.* All officers and soldiers who have received pay, or 
have been duly enlisted in the service of the Confederate States, 
and shall be convicted of having deserted the same, shall suffer 
death, or such other punishment as, by sentence of a court- 
martial, shall be inflicted. 
Art. 21. Any non-commissioned officer or soldier who shall, 
without leave from his commanding officer, absent himself from 
his troop, company, or detachment, shall, upon being convicted 
thereof, be punished according to the nature of his offence, at 
the discretion of a court-martial. 
Art. 22. No non-commissioned officer or soldier shall enlist 
himself in any other regiment, troop, or company, without a 
regular discharge from the regiment, troop, or company in 
which he last served, on the penalty of being reputed a desert- 
er, and suffering accordingly. And in case any officer shall know- 
ingly receive and entertain such non-commissioned officer or 
soldiei’, or shall not, after his being discovered to be a deserter, 
i mmediately confine him, and give notice thereof to the corps in 
which he last served, the said officer shall, by a court-martial, 
be cashiered. 
Art. 23. Any officer or soldier who shall be convicted of 
having advised or persuaded any other officer or soldier to de- 
sert the service of the Confederate States, shall suffer death, or 
such other punishment as shall be inflicted upon him by the 
sentence of a court-martial. 
. Art. 24. No officer or soldier shall use any reproachful or 
provoking speeches or gestures to another, upon pain, if an 
officer, of being put in arrest; if a soldier, confined, and of ask- 
ing pardon of the party offended, in the presence of his com- 
manding officer. 
Art. 25. No officer or soldier shall send a challenge to another 
officer or soldier to fight a duel, or accept a challenge if sent, 
upon pain, if a commissioned officer, of being cashiered; if a 
non-commissioned officer or soldier, of suffering corporal pun- 
ishment, at the discretion of a court-martial. 
* Amendedi See 330. ARTICLES OF WAR. 
251 
Art. 26. If any commissioned or non-commissioned officer 
commanding a guard shall knowingly or willingly suffer any 
person whatsoever to go forth to fight a duel, he shall be punish- 
ed as a challenger; and all seconds, promoters, and carriers of 
challenges, in order to duels, shall be deemed principals, and be 
punished accordingly. And it shall be the duty of every officer 
commanding an army, regiment, company, post, or detachment, 
who is knowing to a challenge being given or accepted by any 
officer, non-commissioned officer, or soldier under his command, 
or has reason to believe the same to be the case, immediately 
to arrest and bring to trial such offenders. 
Art. 27. All officers, of what condition soever, have power 
to part and quell all quarrels, frays, and disorders, though the 
persons concerned should belong to another regiment, troop, or 
company; and either to order officers into arrest, or non-com- 
missioned officers or soldiers into confinement, until their proper 
superior officers shall be acquainted therewith; and whosoever 
shall refuse to obey such officer (though of an inferior rank), or 
shall draw his sword upon him, shall be punished at the dis- 
cretion of a general court-martial. 
Art. 28. Any officer or soldier who shall upbraid another 
for refusing a challenge, shall himself be punished as a chal- 
lenger; and all officers and soldiers are hereby discharged from 
any disgrace or opinion of disadvantage which might arise 
from their having refused to accept of challenges, as they will 
only have acted in obedience to the laws, and done their duty 
as good soldiers who subject themselves to discipline. 
Art. 29. No sutler shall be permitted to sell any kind of 
liquors or victuals, or to keep their houses or shops open for 
the entertainment of soldiers, after nine at night, or before the 
beating of the reveille, or upon Sundays during divine service 
or sermon, on the penalty of being dismissed from all future 
suttling. 
Art. 80. All officers commanding in the field, forts, barracks, 
or garrisons of the Confederate States, are hereby required to 
see that the persons permitted to suttle shall supply the soldiers 
with good and wholesome provisions, or other articles, at a 
reasonable price, as they shall be answerable for their neglect. 
Art. 31. No officer commanding in any of the garrisons, 
forts, or barracks of the Confederate States, shall exact exorbi- 
tant prices for houses or stalls lot out to sutlers, or connive at APPENDIX. 
the like exactions in others; nor by his own authority, and for 
his private advantage, lay any duty or imposition upon, or be 
interested in, the sale of any victuals, liquors, or other neces- 
saries of life brought into the gari’ison, fort, or barracks for the 
use of the soldiers, on the penalty of being discharged from the 
service. 
Art. 32. Every officer commanding in quai'tei's, gamsons, 
or on the march, shall keep good oi’der, and, to the utmost of 
his power, redress all abuses or disorders which may be com- 
mitted by any officer or soldier under his command; if, upon 
complaint made to him of officers or soldiers beating or othei*- 
wise ill-treating any person, or disturbing fail’s or markets, or 
of committing any kind of l’iots, to the disquieting of the citizens 
of the Confederate States, he, the said commander who shall 
refuse or omit to see justice done to the offender or offender's, 
and x'eparation made to the party or parties injured, as far as 
part of the offender’s pay shall enable him or them, shall, upon 
proof thei'eof, be cashiei'ed, or otherwise punished, as a genei-al 
court-martial shall dii'ect. 
Art. 33. When any commissioned officer or soldier shall be 
accused of a capital erime, or of having used violence, or com- 
mitted any offence against the person or property of any citizen 
of any of the Confederate States, such as is punishable by the 
known laws of the land, the commanding officer and officers of 
every regiment, troop, or company to which the person or per- 
sons so accused shall belong, are hereby required, upon applica- 
tion duly made by or in behalf of the party or parties injured, to 
use their utmost endeavoi’S to deliver over such accused pei'son 
or persons to the civil magistrate, and likewise to be aiding and 
assisting to the officers of justice in apprehending and secui’ing 
the person or pei'sons so accused, in order to bring him or them 
to tx’ial. If any commanding officer or officei*s shall wilfully 
neglect, or shall refuse, upon the application aforesaid, to de- 
liver over such accused person or persons to the civil magis- 
ti*ates, or to be aiding and assisting to the officei’s of justice in 
apprehending such pei’son or persons, the officer or officers so 
offending shall be cashiered. 
Art. 34. If any officer shall think himself wronged by his 
colonel, or the commanding officer of the regiment, and shall, 
upon due application being made to him, be refused redress, he 
may complain to the general commanding in the state or ter- ARTICLES OF WAR. 
ritory where such regiment shall be stationed, in order to 
obtain justice; who is hereby required to examine into said 
complaint, and take proper measures for redressing the wrong 
complained of, and transmit, as soon as possible, to the Depart- 
ment of War, a true state of such complaint, with the proceed- 
ings had thereon. 
Art. 35. If any inferior officer or soldier shall think himself 
wronged by his captain or other officer, he is to complain 
thereof to the commanding officer of the regiment, who is 
hereby required to summon a regimental court-martial for the 
doing justice to the complainant; from which regimental court- 
martial either party may, if he think himself still aggrieved, 
appeal to a general court-martial. But if, upon a second hear- 
ing, the appeal shall appear vexatious and groundless, the per- 
son so appealing shall be punished at the discretion of said 
court-martial. 
Art. 36. Any commissioned officer, storekeeper, or commis- 
sary, who shall be convicted at a general court-martial of 
having sold, without a proper order for that purpose, embez- 
zled, misapplied, or wilfully or through neglect suffered any 
of the provisions, forage, arms, clothing, ammunition, or other 
military stores belonging to the Confederate States to be spoiled 
or damaged, shall, at his own expense, make good the loss or 
damage, and shall, moreover, forfeit all his pay, and be dis- 
missed from the service. 
Art. 37. Any non-commissioned officer or soldier who shall 
be convicted at a regimental court-martial of having sold, or 
designedly or through neglect wasted the ammunition deliver- 
ed out to him, to be employed in the service of the Confederate 
States, shall bo punished at the discretion of such court. 
Art. 38. Every non-commissioned officer or soldier Avho 
shall be convicted before a court-martial of having sold, lost, or 
spoiled, through neglect, his horse, arms, clothes, or accoutre- 
ments, shall undergo such weekly stoppages (not exceeding 
the half of his pay) as such court-martial shall judge sufficient 
for repairing the loss or damage; and shall suffer confinement, 
or such other corporal punishment as his crime shall deserve. 
Art. 39. Every officer who shall be convicted before a court- 
martial of having embezzled or misapplied any money with 
which he may have been intrusted, for the payment of the men 
under his command, or for enlisting men into the service, or for 254 
APPENDIX. 
other purposes, if a commissioned officer, shall be cashiered, and 
compelled to refund the money; if a non-commissioned officer, 
shall be reduced to the ranks, be put under stoppages until the 
money be made good, and sutler such corporal punishment as 
such court-martial shall direct. 
Art. 40. Every captain of a troop or company is charged 
with the arms, accoutrements, ammunition, clothing, or other 
warlike stores belonging to the troop or company under his 
command, which he is to be accountable for to his colonel in 
case of their being lost, spoiled, or damaged, not by unavoid- 
able accidents, or on actual service. 
Art. 41. All non-commissioned officers and soldiers who shall 
be found one mile from the camp without leave, in writing, 
from their commanding officer, shall suffer such punishment as 
shall be inflicted upon them by the sentence of a court-martial. 
Art. 42. No officer or soldier shall lie out of his quarters, 
garrison, or camp, without leave from his superior officer, upon 
penalty of being punished according to the nature of his offence, 
by the sentence of a court-martial. 
Art. 48. Every non-commissioned officer and soldier shall 
retire to his quarters or tent at the beating of 'the retreat j in 
default of which he shall be punished according to the nature 
of his offence. 
Art. 44. No officer, non-commissioned officer, or soldier shall 
fail in repairing, at the time fixed, to the place of parade, of 
exercise, or other rendezvous appointed by his commanding 
officer, if not prevented by sickness or some other evident ne- 
cessity, or shall go from the said place of rendezvous without 
leave from his commanding officer, before he shall be regularly 
dismissed or relieved, on the penalty of being punished, accord- 
ing to the nature of his offence, by the sentence of a court- 
martial. 
Art. 45. Any commissioned officer who shall be found drunk 
on his guard, party, or other duty, shall be cashiered. Any 
non-commissioned officer or soldier so offending shall suffer 
such corporal punishment as shall be inflicted by the sentence 
of a court-martial. 
Art. 46. Any sentinel who shall be found sleeping upon his 
post, or shall leave it before he shall be regularly relieved, shall 
suffer death, or such other punishment as shall be inflicted by 
the sentence of a court-martial. ARTICLES OF WAR. 
255 
Art. 47. No soldier belonging to any regiment, troop, or 
company shall hire another to do his duty for him, or be ex- 
cused from duty but in cases of sickness, disability, or leave of 
absence; and every such soldier found guilty of hiring his 
duty, as also the party so hired to do another’s duty, shall be 
punished at the discretion of a regimental court-martial. 
Art. 48. And every non-commissioned officer conniving at 
such hiring of duty aforesaid, shall be reduced; and every com- 
missioned officer knowing and allowing such ill practices in the 
service, shall be punished by the judgment of a general court- 
martial. 
Art. 49. Any officer belonging to the service of the Con- 
federate States who, by discharging of fire-arms, drawing of 
swords, beating of drums, or by any other means whatsoever, 
shall occasion false alarms in camp, garrison, or quarters, shall 
suffer death, or such other punishment as shall be ordered by 
the sentence of a general court-martial. 
Art. 50. Any officer or soldier who shall, without urgent 
necessity, or without the leave of his superior officer, quit his 
guard, platoon, or division, shall be punished, according to the 
nature of his offence, by the sentence of a court-martial. 
Art. 51. No officer or soldier shall do violence to any person 
who brings provisions or other necessaries to the camp, gar- 
rison, or quarters of the forces of the Confederate States, em- 
ployed in any parts out of the said states, upon pain of death, 
or such other punishment as a court-martial shall direct. 
Art. 52. Any officer or soldier who shall misbehave himself 
before the enemy, runaway, or shamefully abandon any fort, 
post, or guard, which he or they may be commanded to defend, 
or speak words inducing others to do the like, or shall cast 
away his arms and ammunition, or who shall quit his post or 
colors to plunder and pillage, every such offender, being duly 
convicted thereof, shall suffer death, or such other punishment 
as shall be ordered by the sentence of a general court-martial. 
Art. 53. Any person belonging to the Armies of the Con- 
federate States who shall make known the watchword to any 
person who is not entitled to receive it according to the rules 
and discipline of war, or shall presume to give a parole or 
watchword different from what he received, shall suffer death, 
or such other punishment as shall be ordered by the sentence 
of a general court-martial. APPENDIX. 
Art. 54. All officers and soldiers are to behave themselves 
orderly in quarters and on their march; and whoever shall 
commit any waste or spoil, either in walks or trees, parks, war- 
rens, fish-ponds, houses, or gardens, corn-fields, inclosures of 
meadows, or shall maliciously destroy any property whatsoever 
belonging to the inhabitants of the Confederate States, unless 
by order of the then commander-in-chief of the armies of the 
said states, shall (besides such penalties as they are liable to by 
law) be punished according to the nature and degree of the 
offence, by the judgment Of a regimental or general court- 
martial. 
Art. 55. Whosoever, belonging to the Armies of the Con- 
federate States in foreign parts, shall force a safeguard, shall 
suffer death. 
Art. 56. Whosoever shall relieve the enemy with money, 
victuals, or ammunition, or shall knowingly harbor or protect 
an enemy, shall suffer death, or such other punishment as shall 
be ordered by the sentence of a court-martial. 
Art. 57. Whosoever shall be convicted of holding correspond- 
ence with or giving intelligence to the enemy, either directly 
or indirectly, shall suffer death, or such other punishment as 
shall be ordered by the sentence of a court-martial. 
Art. 58. All public stores taken in the enemy’s camp, towns, 
forts, or magazines, whether of artillery, ammunition, clothing, 
forage, or provisions, shall be secured for the service of the 
Confederate States—for the neglect of which the commanding 
officer is to be answerable. 
Art. 59. If any commander of any garrison, fortress, or post 
shall be compelled, by the officers and soldiers under his com- 
mand, to give up to the enemy, or to abandon it, the commis- 
sioned officers, non-commissioned officers, or soldiers who shall 
be convicted of having so offended, shall suffer death, or such 
other punishment as shall be inflicted upon them by the sen- 
tence of a court-martial. 
Art. 60. All sutlers and retainers to the camp, and all per- 
sons whatsoever, serving with the Armies of the Confederate 
States in the field, though not enlisted soldiers, are to be subject 
to orders, according to the rules and discipline of war. 
Art. 61. Officers having brevets or commissions of a prior 
date to those of the corps in which they serve, will take place 
on courts-martial or of inquiry, and on boards detailed for ARTICLES OF WAR. 
257 
military purposes, when composed of different corps, according 
to the ranks given them in their brevets or former commis- 
sions; but in the regiment, corps, or company to which such 
officers belong, they shall do duty and take rank, both in courts 
and on boards as aforesaid, which shall be composed of their 
own corps, according to the commissions by which they are 
there mustered. 
Art. 62. If, upon marches, guards, or in quarters, different 
corps shall happen to join, or do duty together, the officer 
highest in rank, according to the commission by which he is 
mustered, in the army, navy, marine corps, or militia, there on 
duty by orders from competent authority, shall command the 
whole, and give orders for what is needful for the service, un- 
less otherwise directed by the President of the Confederate 
States, in orders of special assignment providing for the case. 
Art. 63. The functions of the engineers being generally con- 
fined to the most elevated branch of military science, they are 
not to assume, nor are they subject to be ordered on any duty 
beyond the line of their immediate profession, except by the 
special order of the President of the Confederate States; but 
they are to receive every mark of respect to which their rank 
in the army may entitle them respectively, and are liable to be 
transferred, at the discretion of the President, from one corps 
to another, regard being paid to rank 
Art. 64. General courts-martial may consist of any number 
of commissioned officers, from five to thirteen, inclusively; 
but they shall not consist of less than thirteen, where that 
number can be convened without manifest injury to the service. 
Art. 65.* Ajiy general officer commanding an army, or 
colonel commanding a separate department, may appoint gen- 
eral courts-martial whenever necessary. But no sentence of a 
court-martial shall be carried into execution until after the 
whole proceedings shall have been laid before the officer order- 
ing the same, or the officer commanding the troops for the 
time being; neither shall any sentence of a general court-mar- 
tial, in the time of peace, extending to the loss of life, or the 
dismission of a commissioned officer, or which shall, either in 
time of peace or war, respect a general officer, be carried into 
execution until after the whole proceedings shall have been 
* Amend***!. See 14. APPENDIX. 
transmitted to the Secretary of War, to be laid before the Pres- 
ident of the Confederate States for his confirmation or disap- 
proval and orders in the case. All other sentences may be 
confirmed and executed by the officer ordering the court to 
assemble, or the commanding officer for the time being, as the 
case may be. 
Art. 66. Every officer commanding a regiment or corps may 
appoint, for his own regiment or corps, courts-martial, to con- 
sist of three commissioned officers, for the trial and punishment 
of offences not capital, and decide upon their sentences. For 
the same purpose, all officers commanding any of the gar- 
risons, forts, barracks, or other places where the troops consist 
of different corps, may assemble courts-martial, to consist of 
three commissioned officers, and decide upon their sentences. 
Art. 67. No garrison or regimental court-martial shall have 
the power to try capital cases or commissioned officers; neither 
shall they inflict a fine exceeding one month’s pay, nor im- 
prison, nor put to hard labor, any non-commissioned officer or 
soldier for a longer time than one month. 
Art. 68. Whenever it may be found convenient and neces- 
sary to the public service, the officers of the marines shall be 
associated with the officers of the land forces for the purpose 
of holding courts-martial, and trying offenders belonging to 
either; and, in such cases, the oixlers of the senior officer of 
either corps who may be present and duly authorized, shall be 
received and obeyed. 
Art. 69. The judge advocate, or some person deputed by 
him, or by the general or officer commanding the army, de- 
partment, or garrison, shall prosecute in the name of the Con- 
federate States, but shall so far consider himself as counsel for 
the prisoner, after the said prisoner shall have made his plea, 
as to object to any leading question to any of the witnesses, or 
any question to the prisoner, the answer to which might tend 
to criminate himself; and administer to each member of the 
court, before they proceed upon any trial, the following oath, 
which shall also be taken by all members of the regimental 
and garrison courts-martial: 
(l You, A. B., do swear that you will well and truly try and 
determine, according to evidence, the matter now before you, 
between the Confederate States of America and the prisoner to 
be tried, and that you will duly administer justice, according to ARTICLES OF WAR. 
259 
the provisions of‘An act establishing rules and articles for the 
government of the Armies of the Confederate States/ without 
partiality, favor, or affection ; and if any doubt should arise, 
not explained by said articles, according to your conscience, 
the best of your understanding, and the custom of war in like 
cases; and you do further swear that you will not divulge the 
sentence of the court until it shall be published by the proper 
authority; neither will you disclose or discover the vote or 
opinion of any particular member of the court-martial, unless 
required to give evidence thereof, as a witness, by a court of 
justice, in a due course of law. So help you God.” 
And so soon as the said oath shall have been administered to 
the respective members, the president of the court shall ad- 
minister to the judge advocate, or person officiating as such, an 
oath in the following words : 
“ You, A. B., do swear that you will not disclose or discover 
the vote or opinion of any particular member of the court-mar- 
tial, unless required to give evidence thereof, as a witness, by a 
court of justice, in duo course of law; nor divulge the sentence 
of the court to any but the proper authority, until it shall be 
duly disclosed by the same. So help you God.” 
Art. 70. When a prisoner, arraigned before a general court- 
martial, shall, from obstinacy and deliberate design, stand mute, 
or answer foreign to the purpose, the court may proceed to trial 
and judgment as if the prisoner had regularly pleaded not guilty. 
Art. 71. When a member shall be challenged by a prisoner, 
he must state his cause of challenge, of which the court shall, 
after due deliberation, determine the relevancy or validity, and 
decide accordingly ; and no challenge to more than one mem- 
ber at a time shall be received by the court. 
Art. 72. All the members of a court-martial are to behave 
with decency and calmness; and in giving their votes are to 
begin with the youngest in commission. 
Art. 73. All persons who give evidence before a court-mar- 
tial are to be examined on oath or affirmation, in the following 
form: 
“ You swear, or affirm (as the case may be), the evidence you 
shall give in the cause now in hearing shall be the truth, the 
whole truth, and nothing but the truth. So help you God.” 
Art. 74. On the trials of cases not capital, before courts-mar- 
tial, the deposition of witnesses, not in the line or staff of the 260 
APPENDIX. 
army, may be taken before some justice of the peace, and read 
in evidence ; provided the prosecutor and person accused are 
present at the taking the same, or are duly notified thereof. 
Art. 75. No officer shall be tried but by a general court-mar- 
tial, nor by officers of an inferior rank, if it can be avoided. 
Nor shall any proceedings of trials be carried on excepting be- 
tween the hours of eight in the morning and three in the after- 
noon ; excepting in cases which, in the opinion of the officer 
appointing the court-martial, require immediate example. 
Art. 76. No person whatsoever shall use any menacing 
words, signs, or gestures, in presence of a court-martial, or shall 
cause any disorder or i’iot, or disturb their proceedings, on the 
penalty of being punished at the discretion of the said court- 
martial. 
Art. 77. Whenever any officer shall be charged with a crime, 
he shall be arrested and confined in his barracks, quarters, or 
tent, and deprived of his sword by the commanding officer. And 
any officer who shall leave his confinement before he shall be 
set at liberty by the commanding officer, or by a superior offi- 
cer, shall be cashiered. 
Art. (8. Non-commissioned officers and soldiers, charged with 
crimes, shall be confined until tried by a court-martial, or re- 
leased by proper authority. 
Art. 79. No officer or soldier who shall be put in arrest shall 
continue in confinement more than eight days, or until such time 
as a court-martial can be assembled. 
Art. 80. No officer commanding a guard, or provost marshal, 
shall refuse to receive or keep any prisoner committed to his 
charge by an officer belonging to the forces of the Confederate 
States; provided the officer committing shall, at the same 
time, deliver an account in writing, signed by himself, of the 
crime of which the said prisoner is charged. 
Art. 81. No officer commanding a guard, or provost marshal, 
shall presume to release any person committed to his charge 
without proper authority for so doing, nor shall he suffer any 
person to escape, on the penalty of being punished for it by the 
sentence of a court-martial. 
Art. 82. Every officer, or provost marshal, to whose charge 
prisoners shall be committed, shall, within twenty-four hours 
after such commitment, or as soon as he shall be relieved from 
his guard, make report in writing to the commanding officer AKTiCLKS 01- WAR. 
of their names, their crimes, and the names of the officers who 
committed them, on the penalty of being punished for disobedi- 
ence or neglect, at the discretion of a court-martial. 
Art. 83. Any commissioned officer convicted before a general 
court-martial of conduct unbecoming an officer and a gentleman, 
shall be dismissed the service. 
Art. 84. In cases where a court-martial may think it proper 
to sentence a commissioned officer to be suspended from com- 
mand, they shall have power also to suspend his pay and emolu- 
ments for the same time, according to the nature and heinous- 
ness of the offence. 
Art. 85. In all cases where a commissioned officer is cashier- 
ed for cowardice or fraud, it shall be added, in the sentence, that 
the crime, name, and place of abode, and punishment of the de- 
linquent, be published in the newspapers in and about the camp, 
and of the particular state from which the offender came, or 
where he usually resides; after which it shall be deemed scan- 
dalous for an officer to associate with him. 
Art. 86. Tho commanding officer of any post or detachment 
in which there shall not be a number of officers adequate to 
form a general court-martial, shall, in cases wffiich require the 
cognizance of such a court, report to the commanding officer of 
the department, who shall order a court to be assembled at the 
nearest post or department, and the party accused, with neces- 
sary witnesses, to be transported to the place where the said 
court shall be assembled. 
Art. 87. No person shall be sentenced to suffer death but by 
the concurrence of two-thirds of the members of a general court- 
martial, nor except in the cases herein expressly mentioned; 
and no officer, non-commissioned officer, soldier, or follower of 
the army, shall be tried a second time for the same offence. 
Art. 88. No person shall be liable to be tried and punished 
by a general court-martial for any offence which shall appear 
to have been committed more than two years before the issuing 
of the order for such trial, unless the person, by reason of hav- 
ing absented himself, or some other manifest impediment, shall 
not have been amenable to justice within that period. 
Art. 89. Every officer authorized to order a general court- 
martial shall have power to pardon or mitigate any punishment 
ordered by such court, except the sentence of death, or of cash- 
iering an officer; which, in the cases where he has authority APPENDIX. 
(by Article 65) to carry them into execution, he may suspend, 
until the pleasure of the President of the Confederate States 
can be known ; which suspension, together with copies of the 
proceedings of the court-martial, the said officer shall immedi- 
ately transmit to the President for his determination. And the 
colonel or commanding officer of the regiment or garrison where 
any regimental or garrison court-martial shall be held, may 
pardon or mitigate any punishment ordered by such court to be 
inflicted. 
Art. 90. Every judge advocate, or person officiating as such, 
at any general court-martial, shall transmit, with as much ex- 
pedition as the opportunity of time and distance of place can 
admit, the original proceedings and sentence of such court-mar- 
tial tQ the Secretary of War; which said original proceedings 
and sentence shall be carefully kept and preserved in the office 
of said secretary, to the end that the persons entitled thereto 
may be enabled, upon application to the said officer, to obtain 
copies thereof. 
The party tried by any general court-martial shall, upon de- 
mand thereof, made by himself, or by person or persons in 
his behalf, be entitled to a copy of the sentence and proceedings 
of such court-martial. 
Art. 91. In cases where the general or commanding officer 
may order a court of inquiry to examine into the nature of any 
transaction, accusation, or imputation against any officer or sol- 
dier, the said court shall consist of one or more officers, not ex- 
ceeding three, and a judge advocate, or other suitable person, 
as a recorder, toi-educe the proceedings and evidence to writing 
—all of whom shall be sworn to the faithful performance of 
their duty. This court shall have the same power to summon 
witnesses as a court-martial, and to examine them on oath. But 
they shall not give their opinion on the merits of the case, ex- 
cepting they shall be thereto specially required. The parties 
accused shall also be permitted to cross-examine and interrogate 
the witnesses, so as to investigate fully the circumstances in 
the question. 
Art. 92. The proceedings of a court of inquiry must be au- 
thenticated by the signature of the recorder and the president, 
and delivered to the commanding officer, and the said proceed- 
ings may be admitted as evidence by a court-martial, in cases 
not capital, or extending to the dismission of an officer, provided ARTICLES of war. 
that the circumstances are such that oral testimony can not be 
obtained. But as courts of inquiry may be perverted to dis- 
honorable purposes, and may be considered as engines of de- 
struction to military merit, in the hands of weak and envious 
commandants, they are hereby prohibited, unless directed by 
the President of the Confederate States, or demanded by the 
accused. 
Art. 93. The judge advocate or recorder shall administer to 
the members the following oath : 
“ You shall well and truly examine and inquire, according to 
your evidence, into the matter now before you, without parti- 
ality, favor, affection, prejudice, or hope of reward. So help 
you God.” 
After which the president shall administer to the judge advo- 
cate or recorder the following oath : 
“ You, A. B., do swear that you will, according to your best 
abilities, accurately and impartially record the proceedings of 
the court, and the evidence to be given in the case in hearing. 
So help you God.” 
The witnesses shall take the same oath as witnesses sworn 
before a court-martial. 
Art. 94. When any commissioned officer shall die or be killed 
in the service of the Confederate States, the major of the regi- 
ment, or the officer doing the major’s duty in his absence, or, in 
any post or garrison, the second officer in command, or the as- 
sistant military agent, shall immediately secure all his effects 
or equipage then in camp or quarters, and shall make an inven- 
tory thereof, and forthwith transmit the same to the office of 
the Department of War, to the end that his executors or admin- 
istrators may receive the same. 
Aiit. 95. When any non-commissioned officer or soldier shall 
die or be killed in the service of the Confederate States, the then 
commanding officer of the troop or company shall, in the pres- 
ence of two other Commissioned officers, take an account of what 
effects he died possessed of, above his arms and accoutrements, 
and transmit the same to the office of the Department of War, 
which said effects are to be accounted for and paid to the 
representatives of such deceased non-commissioned officer or 
soldier. And in case any of the officers, so authorized to take 
care of the effects of such deceased non-commissioned officers and 
soldiers should, before they have accounted to their represent- APPENDIX. 
atives for the same, have occasion to leave the regiment or post, 
by preferment or otherwise, they shall, before they be permitted 
to quit the same, deposit in the hands of the commanding offi- 
eei*, or of the assistant military agent, all the effects of such de- 
ceased non-commissioned officers and soldier, in order that the 
same may be secured for, and paid to, their respective represent- 
atives. 
Art. 96. All officers, conductors, gunners, inatrosses, drivers, 
or other persons whatsoever, receiving pay or hire in the ser- 
vice of the artillery, or corps of engineers of the Confederate 
States, shall be governed by the aforesaid rules and articles, 
and shall be subject to be tried by courts-martial, in like man- 
ner with the officers and soldiers of the other troops in the ser- 
vice of the Confederate States. 
Art. 97. The officers and soldiers of any troops, whether 
militia or others, being mastered and in pay of the Confederate 
States, shall, at all times and in all places, when joined, or act- 
ing in conjunction with the regular forces of the Confederate 
States, be governed by these Buies and Articles of War, and 
shall be subject to be tried by courts-martial, in like manner 
with the officers and soldiers in the regular forces; save only 
that such courts-martial shall be composed entirely of militia 
officers. 
Art. 98. All officers serving by commission from the author- 
ity of any particular state, shall, on all detachments, courts 
martial, or other duty, wherein they may be employed in con- 
junction with the regular forces of the Confederate States, take 
rank next after all officers of the like grade in said regular 
forces, notwithstanding the commissions of such militia or state 
officers may be older than the commissions of the officers of the 
regular forces of the Confederate States. 
Art. 99. All crimes not capital, and all disorders and neg- 
lects which officers and soldiers may be guilty of, to the prej- 
udice of good order and military discipline, though not men- 
tioned in the foregoing Articles of War, are to be taken cogni- 
zance of by a general or regimental court-martial, according to 
the nature and degree of the offence, and be punished at 
their discretion. 
Art. 100. The President of the Confederate States shall 
have power to prescribe the uniform of the army. 
Art. 101. The foregoing articles are to be read and publish- ARTICLES OF WAR. 
ed, once in every six months, to every garrison, regiment, 
troop, or company mustered, or to be mustered, in the service 
of the Confederate States, and are to be duly observed and 
obeyed by all officers and soldiers who are, or shall be, in said 
service. 
Sec. 2. And be it further enacted, That in time of war, all 
persons not citizens of, or owing allegiance to, the Confederate 
States of America, who shall be found lurking as spies in and 
about the fortifications or encampments of the Armies of the 
Confederate States, or any of them, shall suffer death, accord- 
ing to the law and usage of nations, by sentence of a general 
court-martial. PROVISIONS OF UNITED STATES LAWS 
IN FORCE 
DELATING TO THE 
ORDNANCE DEPARTMENT 
April 5, 
1832, 2 1. 
4 stat. 504 
From and after the passage of this act, the Ord- 
nance department shall consist of one colonel, one 
lieutenant-colonel, two majors, and ten captains, and 
as manjr enlisted men as the public service may re- 
quire, not exceeding two hundred and fifty. 
Ibid, 2 4. 
All officers and enlisted men authorized by this act 
shall be subject to the Kules and Articles of War, and 
that the officers shall receive the pay and emoluments 
now allowed, or which may hereafter be allowed, to 
artillery officers. 
Feb. 8, 1815 
§ 4, 3 stat. 
203. 
It shall be the duty of the Colonel of the Ordnance 
department to direct the inspection and proving of all 
pieces of ordnance, cannon-balls, shot, shell, small- 
arms, and side-arms, and equipments procured for the 
use of the Armies of the United States, and to direct 
the construction of all cannons and carriages, and 
every implement and apparatus for ordnance, and all 
afnmunition wagons, travelling forges, and artificers’ 
wagons, the inspection and proving of powder, and 
the preparation of all kinds of ammunition and ord- 
nance stores. And it shall also be the duty of the 
Colonel or senior officer of the Ordnance department 
to furnish estimates, and, under the direction of the 
Secretary for the Department of War, to make con- 
tracts and purchases for procuring the sup- 
plies of arms, equipments, ordnance,- and ordnance 
stores. 
Ibid, ? 4. 
The Colonel of the Ordnance department shall or- ORDNANCE DEPARTMENT. 
267 
ganize and attach to regiments, corps, or garrisons, 
such number of artificers, with proper tools, carriages, 
and apparatus, under such regulations and restrictions 
relative to their government and number as, in his 
judgment, with approbation of the Secretary for the 
Department of War, may be considered necessary. 
The Colonel of the Ordnance department, or senior 
officer of that department, of any district, shall ex- 
ecute all orders of the Secretary for the Department 
of War, and in time of war, the orders of any general 
or field-officer commanding any army, garrison, or de- 
tachment, for the supply of all arms, ordnance, ammu- 
nition, carriages, forges, and apparatus for garrison, 
field, or siege service. 
Ibid, \ 5. 
The keepers of all magazines and arsenals shall, 
quarterly, or oftener if so directed, and in such man- 
ner as directed by the Colonel of the Ordnance depart- 
ment, make correct returns to the Colonel or senior 
officer of the Ordnance department of all ordnance, 
arms, and ordnance stores they may have in charge. 
ibid, g 6. 
The costs of repairs of damages done to arms, 
equipments, or implements in the use of the Armies 
of the United States shall be deducted from the pay 
of any officer or soldier in whose care or use the said 
arms, equipments, or implements were when the said 
damages occurred : Provided, The said damages were 
occasioned by the abuse or negligence of the said offi- 
cer or soldier. And it is hereby made the duty of 
every officer commanding regiments, corps, garrisons, 
or detachments, to make, once every two months, or 
oftener if so directed, a written report to the Colonel 
of the Ordnance department, stating all damages to 
arms, equipments, and implements belonging to his 
command, noting those occasioned by negligence or 
abuse, and naming the officer or soldier by whose 
negligence or abuse the said damages were occasioned. 
ibid,g7. 
The Colonel of the Ordnance department shall make, 
half-yearly, to the War department, or oftener if the 
secretary for that department shall so direct, a cor- 
rect report of the officers, and all artificers and labor- 
ers in his department; also, of all ordnance, arms, 
ibid, g 8. APPENDIX. 
military stores, implements, and apparatus of every 
description, and in such form as the Secretary for the 
Department of War shall direct. 
Ibid, g 9. 
To insure system and uniformity in the different 
public armories, they are hereby placed under the 
direction of the Ordnance department. And the 
Colonel of the Ordnance department, under the direc- 
tion of the Secretary for the Department of War, is 
hereby authorized to establish depots of arms, ammu- 
nition, and ordnance stores, in such parts of the 
United States, and in such numbers, as may be deemed 
necessary. 
Ibid, g 10. 
The Colonel of the Ordnance department, under the 
direction of the Secretary for the Department of War, 
is hereby authorized to draw up a system of regula- 
tions for the government of the Ordnance depart- 
ment, forms of returns and reports, and for the uni- 
formity of manufactures of all arms, ordnance, ord- 
nance stores, implements, and apparatus, and for the 
repairing and better preservation of the same. 
Ibid, g 11. 
The pay, emoluments, and allowances for the offi- 
cers of the Ordnance department shall be the same as 
the pay, emoluments, and allowances now allowed to 
officers of similar grades respectively, in the artillery 
of the United States. ****** 
The Ordnance department be continued as at pres- 
ent organized under the act of February 8, 1815; and 
that ordnance officers be assigned to their duties with 
the staff of the army, in the same manner as from the 
corps of engineers. 
April 24, 
1816, g11. 
3 st-at. 299. SALARIES. 
An act to increase the pay of certain officers and employ- 
ees in the Executive and Legislative departments. 
Oct.. 13, 1862 
cb. 47. 
The Congress of the Confederate States of America 
do enact, That on the salaries or compensation of all 
officers and employees of the several Executive and 
Legislative departments, appointed under an}7, law of 
Congress and employed in the City of Kichmond, 
whose salaries or compensation shall not now exceed 
one thousand dollars, there shall be added, for the pe- 
riod of one year, fifty per cent., and for the period of 
one year the salaries or compensation of all such offi- 
cers and employees now receiving not less than one 
thousand dollars and under fifteen hundred dollars, 
shall be fixed at fifteen hundred dollars, and all now 
receiving fifteen hundred dollars shall receive seven- 
teen hundred and fifty dollars. 
An act to declare the meaning and extend the provisions 
of an act entitled “ An act to increase the pay of cer- 
tain officers and employees in the Executive and Legis- 
lative departments,” approved October thirteenth, eigh- 
teen hundred, and sixty-two. 
April 29, 
1863. 
ch. 49. 
The Congress of the Confederate States of America 
do enact, That the act entitled “ An act to increase 
the pay of certain officers and employees in the Execu- 
tive and Legislative departments,” approved October 
thirteenth, eighteen hundred and sixty-two, be and the 
same is hereby extended and declared to be in force 
for the period of three months after the thirteenth day 
of October, eighteen hundred and sixty-three. 
Sec. 2. Be it further enacted, That it was the inten- 
tion of Congress that the said act should be construed 
so that the benefits of the same shall extend and inure 
to the temporary as well as permanent officers and APPENDIX. 
employees in the civil employment of the government 
in the City of Richmond. 
Sec. 3. Be it further enacted, That it was not the 
intention of Congress, by the passage of the above re- 
cited act, to repeal an act entitled “ An act to provide 
a compensation for the disbursing officers of the several 
Executive departments,” approved May sixteenth, A. 
D. eighteen hundred and sixty-one; and it is hereby 
declared that the disbursing clerks in the Departments 
of State, Treasury, War, Navy, and J ustice, and in the 
Post-office department, and the disbursing officer of 
the contingent fund of the Executive office, shall each 
hereafter be allowed, in addition to his salary or com- 
pensation as clerk, the sum of two hundred dollars per 
annum for disbursing the funds of the department 
which may be required to pass through his hands. 
Jan. 13,1864 
ch. 9. 
An act to continue in force the provisions of an act therein 
named. 
The Congress of the Confederate States of America 
do enact, That the provisions of an act entitled “ An 
act to increase the pay of certain officers and employ- 
ees of the Executive and Legislative departments,” 
approved October thirteenth, eighteen hundred and 
sixty-two, be and the same are hereby continued in 
force until otherwise ordered by Congress. 
Jan. 30,1864 
ch. 16. 
An act to increase the compensation of certain civil officers 
and employees in the President's office, and in the Ex- 
ecutive and Legislative departments, at Richmond, for 
a limited period. 
The Congress of the Confederate States of America 
do enact, That the salaries and compensation of all 
civil officers and employees in the President’s office, 
and in the Executive and Legislative departments, at 
Richmond, whose compensation or salaries do not ex- 
ceed the sum of two thousand dollars per annum, shall 
be increased from the passage of this act to the fif- 
teenth of May, eighteen hundred and sixty-four, at the 
rate of one hundred per cent, per annum: Provided, SALARIES. 
271 
The same shall not thereby be increased beyond the 
rate of three thousand dollars per annum; and the 
salaries of all said officers whose compensation is above 
two thousand dollars, and does not exceed the sum of 
three thousand dollars per annum, shall, for the same 
period of time, be increased at the rate of fifty percent, 
per annum; but it is hereby expressly declared that 
the increased compensation provided for in this act 
shall not be paid to any officer or employee in any 
executive department of the government who is liable 
to perform military duty, or is able to bear arms in 
the field, unless such officer or employee shall first ob- 
tain a certificate from the head of the department in 
which he is engaged that his services are absolutely 
necessary to the government, and that his place can 
not be supplied by any one known to the head of the 
department who is not subject to military duty—which 
said certificate shall be filed with the Secretary of the 
Treasury before the money is paid ; and it shall be the 
duty of the said secretary, at the beginning of each 
session, to communicate a list of all such certificates 
to Congress: Provided, That no clerk who, by virtue 
of a military commission, receives rations or commu- 
tation of rations, shall be entitled to the benefit of this 
act. 
An act to continue, in force and amend the provisions of 
an act approved January thirtieth, eighteen hundred 
and sixty-four, increasing the compensation of certain 
officers and employees in the Civil and Legislative de- 
partments, at Richmond. 
May 13,1864 
ch. 1. 
The Congress of the Confederate States of America 
do enact, That the provisions of an act entitled “ An 
act to increase the compensation of certain civil offi- 
cers and employees in the President’s office, and in the 
Executive and Legislative departments, at Richmond, 
for a limited period,” approved January thirtieth, 
eighteen hundred and sixty-four, be and the same are 
hereby continued in force until the first day of Janu- 
ary, eighteen hundred and sixty-five, and that the APPENDIX. 
benefits of the said act be, for the time aforesaid, con- 
tinued to such clerks of the Treasury department as 
have recently been removed from Richmond to Charles- 
ton, South Carolina, and such other clerks as may be 
there employed. 
June 14, 
1804 
eh. 45. 
An act to increase the compensation of the heads of the 
several Executive departments, and the Assistant Secre- 
tary of War and the Treasury, and of the Assistant 
Attorney-General, and the Comptroller of the Treasury, 
and other officers therein named. 
The Congress of the Confederate States of America 
do enact, That the compensation of the heads of the 
several Executive departments of the government 
shall, for one year from the passage of this act, be in- 
creased to nine thousand dollars ; and of the Assistant 
Secretary of War and of the Treasury, and of the As- 
sistant Attorney-General, and the Comptroller of the 
Treasury, be increased to six thousand dollars; and 
that the salaries of all clerks and employees in the va- 
rious departments located in the City of Richmond be 
increased thirty-three and one-third per cent.; and at 
all other points throughout the Confederate States 
twenty-five per cent., for one year from the passage of 
this act: Provided, That the clerks detailed from the 
army or navy shall not be entitled to the benefits of 
this act. PRESIDENT’S INSTRUCTIONS 
PRIVATE ARMED VESSELS. 
1. The tenor of your commission under the act of Congress 
entitled u An act recognizing the existence of war between the 
United States and the Confederate States, and concerning let- 
ters of marque, prizes, and prize goods,” a copy of which is 
hereto annexed, will be kept constantly in your view. The 
high seas referred to in your commissions you will understand, 
generally, to refer to low-water mark; but with the exception 
of the space within one league, or three miles from the shore 
of countries at peace both with the United States and the Con- 
federate States. You may, nevertheless, execute your commis- 
sion within that distance of the shore of a nation at war with 
the United States, and even on the waters within the jurisdic- 
tion of such nation, if permitted to do so. 
2. You are to pay the strictest regard to the rights of neutral 
powers, and the usages of civilized nations : and in all your 
proceedings toward neutral vessels you are to give them as 
little molestation or interruption as will consist with the right 
of ascertaining their neutral character, and of detaining and 
bringing them in for regular adjudication, in the proper cases. 
You are particularly to avoid even the appearance of using 
force or seduction, with a view to deprive such vessels of their 
crews or of their passengers, other than persons in the military 
service of the enemy. 
3. Toward enemy’s vessels and their crews you are to proceed 
in exercising the rights of war, with all the justice and human- 
ity which characterize this government and its citizens. 
4. The master, and one or more of the principal persons be- 
longing to the captured vessels, are to be sent, as soon after the 
capture as may be, to the judge or judges of the proper court 
in the Confederate States, to be examined upon oath touching 274 
APPENDIX. 
the interest or property of the captured vessel and her lading; 
and at the same time are to be delivered to the judge or judges 
all papeis, charter-parties, bills of lading, letters, and other 
documents and writings found on board; the said papers to be 
proved by the affidavit of the commander of the capturing 
vessel, or some other person present at the capture, to be pro- 
duced as they were received, without fraud, addition, subduc- 
tion, or embezzlement. 
5. Property, even of the enemy, is exempt from seizure on 
neutral vessels, unless it bo contraband of war. 
If goods contraband of war are found on any neutral vessel, 
and the commander thereof shall offer to deliver them up, the 
offer shall be accepted, and the vessel left at liberty to pursue 
its voyage, unless the quantity of contraband goods be greater 
than can be conveniently received on board your vessel, in 
which case the neutral vessel may be carried into port for the 
delivery of the contraband goods. 
The following articles are deemed by this government con- 
traband of war, as well as all others that are so declared by 
the law of nations, viz: 
All arms and implements serving for the purposes of war by 
land or sea, such as cannons, mortars, guns, muskets, rifles, 
pistols, petards, bombs, grenades, ball, shot, shell, fuses, pikes, 
swords, bayonets, javelins, lances, horse-furniture, holsters, 
belts, and generally all other implements of war. 
Also, timber for ship-building, pitch, tar, rosin, copper in 
sheets, sails, hemp, cordage, and generally whatever may serve 
directly to the equipment of vessels, unwrought iron and planks 
only excepted. 
Neutral vessels conveying enemies’ despatches or military 
persons in the service of the enemy, forfeit their neutral char- 
acter, and are liable to capture and condemnation. But this 
rule does not apply to neutral vessels bearing despatches from 
the public ministers or embassadors of the enemy residing in 
neutral countries. 
By the command of the President of the Confederate States. 
ROBERT TOOMBS, 
Secretary of State. PRIVATE ARMED VESSELS. 
FORM OF BOND. 
Know all men by these presents, That we (Note 1) 
are hound to the Confederate States of America in the full 
sum of (Note 2) thousand dollars, to the payment where- 
of, well and truly to be made, we bind ourselves, our heirs, ex- 
ecutors, and administrators, jointly and severally, by these 
presents. 
The condition of this obligation is such, that, whereas ap- 
plication has been made to the said Confederate States of 
America for the grant of a commission or letter of marque 
and general reprisals, authorizing the (Note 3) or vessel 
called the , to act as a private armed vessel in the 
service of the Confederate States, on the high seas, against the 
United States of America, its ships and vessels, and those of its 
citizens, during the pendency of the war now existing between 
the said Confederate States and the said United States. 
Now, if the owners, officers, and crew, who shall be employed 
on board of said vessel when commissioned, shall observe the 
laws of the Confederate States, and the instructions which shall 
be given them according to law for the regulation of their 
conduct, and shall satisfy all damages and injuries which shall 
be done or committed contrary to the tenor thereof by such 
vessel during her commission, and shall deliver up said commis- 
sion when revoked by the President of the Confederate States, 
then this obligation shall be void, but otherwise shall remain 
in full force and effect. 
Signed, sealed, and delivered in presence of on this 
day of 
A. B. 
C. D. 
Witnesses. 
seal. 
SEAL. 
SEAL. 
t$l£ AL* 
Note 1.—This blank must be filled with the name of the commander for the 
time being, and the owner or owners, and at least two responsible sureties not 
interested in the vessel. 
Note 2.—This blank must be filled with a “five,” if the vessel be provided only 
with one hundred and fifty men, or a less number; if with more than that number, 
the blank must be filled with a “ ten.” 
Note 3.—This blank must be filled with the character of the vessel—“ ship,’ 
“brig,” “schooner,” “steamer,” etc. PERPETUATION OF TESTIMONY. 
AN ACT 
Aug. 30,18G1 
cli. 62. 
To perpetuate testimony in cases of slaves abducted or har- 
bored by the enemy, and of other property seized, wast- 
ed, or destroyed by them. 
Section 1. The Congress of the Confederate States 
of America do enact, That when any slave or slaves 
owned by a citizen of the Confederate States, or an in- 
habitant thereof, shall be, or may have been, abducted 
or harbored by the enemy, or by any person or persons 
acting under the authority, or color of authority of 
the United States government, or engaged in the mili- 
tary or naval service thereof, during the existing war, 
it shall be lawful for the owner or his attorney to ap- 
pear before judge of the Confederate States, or a 
commissioner of any court thereof, or any notary pub- 
lic, or in case of there being no such officer within the 
county, city, or corporation where the proceedings are 
instituted, before any justice of the peace or alderman 
consenting to act in the premises, and adduce proof, 
oral or written, of the fact of such ownership and ab- 
duction or harboring. If the owner of such slave or 
slaves is laboring under the legal disability of infancy, 
insanity, or coverture, the evidence tending to estab- 
lish such ownership, and abduction or harboring, may 
be adduced by the proper legal representative of the 
owner. In all cases such owner, attorney, or repre- 
sentative shall make affidavit of the loss. Such affida- 
vit shall not be taken as evidence of the fact of loss, 
unless it shall appear to the satisfaction of the officer 
taking the same that no other and better evidence can 
be obtained—which fact shall distinctly appear in the 
certificate of such officer; and it shall be the duty of PERPETUATION OF TESTIMONY. 
the judicial officer taking cognizance of the case to re- 
duce to writing the oral evidence, and to retain the 
written evidence in support of the alleged ownership 
and loss, and, within thirty days after the hearing, to 
transmit the same to the Secretary of State of the 
Confederate States, to be filed and preserved among 
the archives of the State department, accompanied by 
a certificate from the said judicial officer, authenticat- 
ing the report so made by him. And the said judicial 
officer shall also state in his certificate of authentica- 
tion whether, in his opinion, the evidence so heard and 
transmitted is, or is not, entitled to credit. It shall 
be the duty of the Secretary of State to receive and file 
in his department the report so transmitted, and to 
furnish to the owners, attorney, or representative a 
duly certified copy thereof, whenever the same shall 
be demanded. 
Sec. 2’. And be it further enacted, That whenever 
any property, other than slaves, real or personal, be- 
longing to any citizen of the Confederate States, or 
any inhabitant thereof, shall be seized, wasted, or de- 
stroyed by the enemy, during the existing war, or by 
any person or persons acting under the authority, or 
color of authority of the United States government, 
or engaged in the military or naval service thereof, the 
mode of taking and preserving proof thereof shall con- 
form in all respects to that prescribed in the above 
section, and have like effect. 
Sec. 8. And be it further enacted, That the provi- 
sions of this act shall not be construed as implying that 
the Confederate States are in any way liable to make 
compensation for any of the property to which it re- 
fers. INDEX. 
( The figures refer to paragraphs.) 
Absence without leave 326 et seq. 
Accounts—Of Indian troops 363, 364 
Of acting quartermasters and commissaries of Indian troops 364, 365 
For certain horses purchased by Colonel Angus W. McDonald 385 
Of War department; how to be audited and filed 562 
Adjutant and Inspector-General’s department— 
Officers of, when to assume command of troops 2 
Of what officers to consist 2& et seq. 
Clerical force of 29 
Adjutants-general, assistant, for volunteer forces 98 
Adjutants—Of regiments and legions 374 
For battalions 375 
Agents of states to visit troops 345 
Aides-de-camp of brigadier-generals; duties of 5 
Alabama river; defence of 200, 201 
Aliens—Protection of, while in military service 479, 480 
Protection of, while in naval service 686 
Appointments—Of officers in Regular Army; how made 8 
Of staff officers 3 
Of brigadier-generals 5, 10 
Of meritorious non-commissioned officers 11 
Staff from civil life 21, 22 
Of cadets 44 
Of military storekeepers 45, 46, 286 et seq. 
Of superintendents of armories, master-armorers 47, 48, 49 
Of clerk in Surgeon-General’s office to take charge of hospital supplies 43 
Of officers of volunteers for the war 105 
Of officers to raise volunteers for the war * •• •' 107 
Of twenty general officers 370 
During recess of Congress 495 et seq. 
Of officers of the Regular Navy See Navy. 
Appraisement of military supplies See Impressments. 
Appropriation—To meet contracts for six vessels of war 621, 622 
For purchase of steamer “Florida” 624, 625 
Armorers, master 47, 48, 49 
Armories, Superintendents of 47 
Arms—Of privates to be paid for * 153 
Purchase and manufacture of 388, 454 et seq. 
A. INDEX 
Acquired from the United States 389 
Of a patent invention 390 
Of volunteers to be kept within control of the President 392 
Purchase of, from soldiers, prohibited 386 
Army corps to be organized 93, 94 
Army intelligence-office 380 
Articles of War—Established and amended 13, 14 
Further amended 330 
Artillery—Of Provisional Army 280 et seq. 
Of what each company composed of conscripts shall consist 160 
Artillery corps—Of what to consist 68 
Increased 59 
Ordnance-sergeants for.' 60, 61 
Assessors to estimate tax in kind. 529 et seq., 541 et seq. 
Auditor, Second; duties of, in relation to accounts of War department 562 
Badges of distinction 381 
Bakeries 236 
Battalion of volunteers; how officered 96, 97 
Board of examination—To examine enrolled men 191 
To examine applicants for furloughs and discharges 419 et seq. 
Bonds—Of officers of Quartermaster and Commissary departments ..34, 302 
Of military storekeepers of ordnance 46 
Bounty—(See Privateers and Prizes)—To enlisted men in Regular Army 78 
For volunteers for three years orfor the war 106, 120, 126, 128 
Due deceased and discharged soldiers .127 
To recruits for three years or for the war 132 
To those continued in service under Conscription law 152 
To persons enlisting in marine corps... 607 
To seamen 613 
Bread in lieu of flour 236 
Brigadier-generals—-Four to be appointed and assigned 5 
One additional 6 
Buglers and musicians 304, 305 
B. 
c. 
Cadets ; 44, 77 
Camps of instruction 176 
Cavalry—Quartermaster-sergeant for each regiment of 60 
Companies composed of conscripts.. 160 
Equipments may be furnished to volunteer companies 384 
Cavalry regiment, Regular Army ; of what to consist 62 
Cavalry regiment, additional.. 63 
Chaplains—For army .' 248 et seq. 
For naval vessels , 597 
For naval hospitals 598 
Claims of South Carolina against the Confederate States 528 
Clerks to quartermasters and commissaries not to be employed if liable to 
military duty 204, 172 et seq. 
Coal-mines 456, 457 
Clothing—To enlisted men in Regular Army 79 INDEX 
281 
Of volunteers 221 et seq. 
Purchase of, by officers, allowed 238, 239 
To militia; commutation for 233, 234 
Importation of machinery or materials for the manufacture of 227 et seq• 
For sick and wounded soldiers in hospitals 410 
For enlisted men of the navy 636 
Purchase of, from soldiers, prohibited. 386 
Commissary department—Officers of, when to assume command of troops 2 
Of what officers to consist 38, 39 
Clerical force of 40 
Additional officers of, in connection with volunteers or militia 202, 203 
Employees of; how to be selected 172, 204 
Commissaries and assistants—Of Provisional Army 202, 203 
* Date of rank and pay of 205 
Certain investments and purchases by, prohibited .35, 215 et seq. 
Commissary, regimental; office of abolished 208 
Commissary-sergeants assigned to regimental quartermasters 209 
Commutation—For clothing 222 et seq., 242 
For clothing to militia 233 
For travelling pay, subsistence, forage, and undrawn clothing 242 
In lieu of quarters to army intelligence-office 380 
Companies—To consist of how many 96, 160 
With less than the minimum number 117, 135 
Conscription—Of all white men betweed eighteen and thirty-five .. .143, 146 et seq. 
Of all white men between thirty-five and forty-five 144 
Of all white men between seventeen and fifty 166 et seq. 
Persons liable to, may volunteer 161 
Cooks—For army 244 et seq. 
For hospitals. 411, 412 
Cotton—Destroyed under military necessity 506, 507, 535 
Tax in kind on 529 et seq., 541 et seq. 
Courts See Military Courts. 
Deceased soldiers; pay and allowances due 388 et seq. 
Delaware; recruits from 137 et seq. 
Departments See War Department and Navy Department. 
Desertion ; penalty for procuring 386 
Details—Required by justice and necessity 174 
To accompany sick and wounded soldiers 415 
Detailed soldiers 331 et seq. 
For duty in Quartermaster and Commissary departments 172, 204 
For clerical duty 331 et seq. 
Discharges—Honorable may be granted to privates when elected or appointed 
to certain civil offices 377 
To sick and wounded soldiers 419, 422 
Disqualified, disabled, and incompetent officers 306 et seq., 311 
Drill-masters ‘302, 303 
Drunkenness 319 et seq. 
D. 
E. 
Election—Of officers of volunteers for the war 100, 123, 131, 146 
Of officers under Conscription laws. 143, 144, 159 INDEX 
Enlistments in Regular Army 8 
Enrolments See Conscription. 
Of persons subject thereto, wherever found 
Employment of officers for 147 
Engineer corps 50, 57 
Colonel of; his duties 52, 55 
May be increased 53 
Engineers—Bureau of; clerical force for 57 
Provisional Army 254 et seq. 
Engineer troops 258 et seq. 
Ensign to each regiment of infantry * 66 
Equipments for volunteer cavalry companies 384 
Exemption—From military service 180 et seq. 
From taxation 546 et seq. 
F. 
Flag ; described and established 393 
borage 74, 81, 82, 240 
Forces—In service of the several states 84 et seq. 
Military and naval to be employed 88 et seq., 114, 115 
For local defence and special service 193 et seq. 
Forts and arsenals 394, 395 
Furloughs—To twelve months’ men who volunteer or re-enlist for three years 
or the war 121 
.Under Conscription laws 143, 144 
To sick and wounded soldiers 419 
G. 
General—Assigned to duty at seat of government 23 
For trans-Mississippi department 371 
Generals—Grade of, established; pay and allowances; aides-de-camp 7 
Lieutenant, to command army corps 93 
• Military departments 372 
Brigadier ; appointment and assignment to duty 5, 6, 10 
Aides-de-camps to 5 
May be assigned to duty of Adjutant and Inspector-General 6 
General officers; twenty to be appointed by the President 370 
Gunboats 615 et seq. 
Habeas corpus 396 et seq. 
Horses—Allowance for use and risk of horses, and for horses killed in action... .95 
Purchased by order of Colonel A. W. McDonald 385 
Hospital—Stewards for Medical department 42 
Supplies; clerk in office of Surgeon-General to take charge of 43 
Transportation of 409 
Fund 408 
Accommodations allowed officers 425 et seq. 
Guards ; how to be selected 172 
Hospitals—For sick and wounded soldiers 406 et seq. 
Way 418 
Marine 685 
II. INDEX 
Impressments—For the army 428 et seq. 
For the navy 635 
Of slaves for duties with the army 179 
Indian troops 363eJae<f. 
Infantry—Regular Army 64 
Of what each regiment shall consist 64 
One additional sergeant to each company of 65 
Of what each company of conscripts shall consist 160 
Invalid corps 311 et seq. 
Iron ; mines and manufacture of • 456, 457 
I. 
Kentucky : recruits from 137 et seq. 
K. 
Laundresses—For hospitals 406 
Pay of 407 
Lease See Real Estate. 
Letters of marque and reprisal .See Privateers and Prizes. 
Local defence and special service; forces for 193 et seq., 629 
Lumberton Guards 489 
L. 
Machinery—Importation of, for manufacture of shoes and clothing 227 et seq. 
For manufacture of arms and munitions of war 388 
Manufacture of saltpetre and small-arms, etc’. 454 et seq. 
Maritime law 654 
Marino corps—Of what to consist .601, 603 
Additional officers and musicians for 609 
Pay and allowances of. 601, 604. 609, 632 
Duties of quartermaster of 602 
Officers of, resigned from the United States 583 
Temporary military rank and command to officers of 605 
Enlistments in, and bounty to 606 et seq. 
Clerk to commandant of 610 
Transfer of soldiers to 630, 631 
Persons subject to enrolment may enlist in 630, 631 
Marine hospitals 685 
Maryland—Recruits from .* 137 et seq. 
Line 142 
Matrons for hospitals 411 
Medals for courage and good conduct 381 
Medical department—Officers of, when and where to assume command of troops..2 
Of what officers to consist 41 
Hospital stewards for 42 
Clerk for, in charge of hospital supplies 43 
Additional officers for, in connection with militia or volunteers 202, 203 
Mileage ". 74 
Military courts 346 et seq. 
Military storekeepers 45, 46 
Of ordnance 286, 287, 288 
Militia—To be employed 88 et seq. 
M. 284 
INDEX 
Commutation for clothing to 233, 234 
Virginia 366 etseq. 
Mines for the production of coal, iron, etc.... 456, 457 
Minors ; commissions may be issued to 376 
Mississippi river; floating defences for 199 
Missouri—Recruits from 137 et seq. 
Aid extended to 458 
Co-operation of the President for defence of 459 
Admission of 460, 462 
Recognition of the government and people of 461 
First election in, for representatives to Congress 463, 464 
Troops ; major-general and brigadier-generals for 465, 466 
Troops enrolled under Major-General Sterling Price; pay of 475 
State Guard 476 et seq. 
Treasury notes and bonds to be issued to 469 et seq. 
Mobile bay; defence of 200, 201 
Munitions of war 388 et seq., 454 et seq. 
Musicians 304, 305 
Muster-rolls; loss of - 378 
Naturalization—Of aliens in military service ... 479, 480 
Of aliens in naval service 686 
Navy department—Established....' 565 
Duties of the secretary of the 566 
Clerical force of : 567 et seq. 
Naval officers attached to 572 
Navy, Provisional.. 637 et seq. 
Navy, Regular—Admirals of 585, 587 
Captains of 573, 574, 584, 585, 587 
Commanders of 573, 574, 584, 585, 587 
Lieutenants of 573, 574, 584, 585, 588 
Second lieutenants of 585, 5S7 
Surgeons of 573, 574, 585 
Assistant surgeons of 573, 574, 584, 585 
Past assistant surgeons of 578, 585 
Paymasters of 573, 574, 575, 585 
Assistant paymasters of 575, 576, 584, 585 
Chief engineers of 573, 577, 586 
Engineer-in-chief of 578, 585 
Engineers of 573, 585, 586 
First, second, and third assistant engineers of 577 
Midshipmen of 573, 574 
Masters 573, 574, 585 
Warrant officers of 573, 579, 588 
Master’s-mates of 590 
Naval constructors of. 573 
Chief constructor of 591 
Naval storekeepers of. 592 
Chaplains of 597, 598 
Seamen of 573, 611 et seq., 631, 632 
Officers resigned from the United States 580 et seq. 
N. INDEX 
285 
Reorganized 585 et seq. 
Appointments in, for gallant and meritorious conduct 587 
Officers of, entitled to draw rations and purchase clothing 238, 239 
Officers of, entitled to draw rations, quarters, and fuel 599, 600 
Relative and assimilated rank of officers of 62S 
Pay of additional grades created in 589 
Assignment of officers of to any duty connected with defence of the country .593 
Temporary military rank and command may be conferred on officers of.594, 595 
Supplies for, may be contracted for by Secretary of Navy, without adver- 
tising for proposals 620 
Appropriation to meet contract for six vessels of war for 621, 622 
Regulations for government of. 626 
Persons subject to enrolment in army may enlist in 631 
Impressment of supplies for 635 
Clothing for enlisted men of 636 
Volunteer 644 et seq. 
Negroes—(See Slaves)—Employment of with the army 177 et seq. 
Nitre and Mining bureau 481 et seq. 
North Carolina—Volunteers, 1st regiment of 487 
2d regiment of 4S9 
Institute, cadets from the .488 
Troops heretofore raised and received into Confederate States service ; pay 
of 490 
Nurses 244 et seq. 
For hospitals 411 
Oath—Form of military 18 
To enable sick, wounded, or other soldiers to receive pay 379 
Officers—Of the army; how appointed 8 
Examination of 9 
Meritorious non-commissioned 11 
Resigned from United States Army 17 
May be assigned to staff duty 20 
In military bureaus temporary rank and command maybe conferred on ... .25 
Temporary rank and command when serving with volunteers 24 
Of Quartermaster and Commissary departments to give bonds 34 
Of Quartermaster and Commissary departments not to trade in certain 
articles 35, 215, 20 
May be appointed before their commands are organized 110 
Election of company 100, 123 
Battalion of volunteers ; field and staff 96 
To raise volunteer regiments from Missouri, Maryland, Kentucky, and 
Delaware 137 
Disqualified, disabled, and incompetent 306 et seq., 311 
Retirement of 318 
Appointment of twenty general officers by the President 370 
May resign when elected or appointed to certain civil offices 377 
Of the navy See Navy. 
Ordnance department; Provisions of United States laws relating tn..See Appendix. 
Ordnance-sergeants • 60, 61 
Ordnance stores, naval; lease of site for preparation and safe-keeping of 510 
0. 286 
INDEX 
Partisan rangers 289 et seq. 
Pay of officers and men in military service 67, 77 
Pay and allowances—Of generals 7 
Of acting assistant quartermasters . 30 
Of officers of Quartermaster, Commissary, and Medical departments,’ on 
service in connection with militia or volunteers 202 
Of acting assistant commissaries 38, 39 
Of hospital stewards for medical department 42 
Of clerk in Medical department in charge of hospital supplies 43 
Of cadets 44, 77 
Of military storekeepers... 45, 46, 286 et seq. 
Of superintendents of armories and master-armorers 47, 48 
Of sappers and bombardiers 56 
Of quartermaster-sergeants and ordnance-sergeants 60, 61 
Of company sergeants 65 
Of piilitia and volunteers 95 
Of volunteers for the war; when to commence 107 
Of lieutenant-general 
Of assistant adjutants-general for volunteers 98 
Of recruits ; when to commence 132 
Of cooks and nurses 244 et seq. 
Of chaplains for army 248 et seq. 
Of chaplains for naval vessels 597 
Of chaplains for naval hospitals 598 
Of buglers and musicians 304, 305 
Of detailed soldiers 331, 332 
Due deceased soldiers 33S et seq. 
Of staff of general assigned to duty at seat of government , .23 
In case of loss of muster-rolls 378 
Of laundresses, matrons, etc., for hospitals 406 et seq. 
Of Missouri troops 475 et seq. 
Of officers of the navy See Navy. 
Pikemen 297 et seq. 
Pilots 633 
Post quartermasters for tax in kind 539, 543 
President—To assume control of military operations . 491 
Personal staff of 492, 494 
To delegate power to affix his signature to army commissions 493 
To make appointments during recess of Congress .495, 496, 499 
To continue certain appointments .497, 498 
Principals who have furnished substitutes 156 
Prisoners of war 500 et seq., 508 et seq. 
Privateers and prizes 655 et seq. 
Prizes—Made by volunteer navy 647 et seq. 
Made by privateers See Privateers and Prizes. 
Production of provisions 504, 505 
Property destroyed under military necessity 506, 507 
Promotions Regular A'rmi' 10 
For peculiar valor or skill 157, 158, 382 
Provisional Navy 637 et seq. 
p. INDEX, 
287 
Provisions See Supplies. 
Provisions; production of 504, 505 
Provost guards; how to be selected 172 
Public moneys not to be invested in property on private account, nor loaned, 
etc. 215 et seq. 
Punishment by whipping prohibited 329, 330 
Purchase .See Real Estate and Public Moneys. 
Q. 
Quartermaster’s department—Officers of, when to assume command of troops 2 
Of what officers to consist 30, 33 
Rank, pay, and allowances of Quartermaster-General 32 
Clerical force 36, 37 
Additional officers in connection with militia or volunteers 202, 203 
For collection of tax in kind . 539, 543 
Certain purchases, investments, etc., prohibited 35, 215 et seq. 
Employees of; how to be selected 172, 204 
Quartermasters and assistant quartermasters; date of rank and pay 205 
Quartermasters—Regimental, acting as commissaries 210 
When permanently detached, etc 212 
Rangers, partisan 289 et seq. 
Rations—To enlisted men ., 79, 80 
Of tobacco 241 
To commissioned officers 238, 239 
Of sick and disabled soldiers; commutation value of 416 
Real estate—Purchase or lease by Secretary of War 559 
Purchase or lease by Chief of Ordnance 560, 561 
Lease of, by Secretary of Navy 634 
Recruiting 106, 129 et seq. 
Stations for volunteers from Kentucky, Missouri, Maryland, and Delaware. 138 
Recruits from Kentucky, Missouri, Maryland, and Delaware 137 et seq. 
Regulations for the army 12 
For the navy 626 
Requisition upon the states for troops 118, 119 
Rendezvous for enrolled men 190 et seq. 
Reserves 151 
Retaliation 500 et seq., 508 et seq. 
Retirement of officers 318 
Rules and Articles of War 13, 14 
R. 
Saltpetre ; production and manufacture of 454 et seq., 481 
Sappers and bombardiers 54 
Sappers, miners, and pontoniers 50, 51 
Seamen—Transfer of 149,150 
To be continued in service 614 
Employment of 573, 612 
Pay of. 611, 632 
Bounty to 613 
Secretary of War—(See War department)—To prepare and publish regulations 
for the army. .12 
s. 288 
INDEX. 
Sequestered land, containing mines, or beds of copper, iron, coal, or other min- 
erals 457 
Sharp-shooters 295, 296 
Shoes, army; importation of materials for 227, 235 
Sick and wounded soldiers in hospitals .406 et seq. 
Sick and disabled soldiers ; commutation for rations of 416 
Signal corps 300, 301 
Slaves—Captured from the enemy . .... 515 et seq. 
Of hostile Indians 522 et seq. 
Employment of, with the army 178, 179 
Impressment of 436, 437, 438 
South Carolina—Appropriation for support of provisional troops at Charles- 
ton * 525 et seq. 
Appropriation as advance on account of claims against Confederate States.528 
Special service; forces for {see Local Defence) 193 et seq. 
Staff—General staff organized .....1 
Pay and allowances to be established i 3 
Duty with volunteer or provisional troops : 20 
Appointments from civil life 21, 22, 23 
Of general assigned to duty at seat of government 23 
Duty; officers or privates to be paid for performing 387 
State agents to visit troops 345 
State troops 84 etseq. 
Requisitions for, by the President 118, 119 
Stores destroyed under military necessity 506, 507 
Subaltern of the line; assignment to duties of adjutant ..103 
Subsistence to recruits for three years or the war 106, 107, 132 
Subsistence department See Commissary department. 
Substitutes 154 
Substitute system abolished 155 
Supernumerary officer to each company of certain volunteers 113 
Supplies—Traffic in, by certaiu persons, prohibited 35, 215 et seq. 
Of shoes, clothing, etc 227 et seq. 
Appropriation for steamer and 235 
For hospitals ; transportation of. , .409 
For the navy may be contracted for without advertising for proposals 620 
Surgeons for examination of enrolled men 190 et seq. 
And assistant surgeons, Provisional Army 202 et seq. 
Date of rank and pay 205 
For hospitals 207 et seq. 
Duties of hospital 408 et seq. 
Examination of applicants for furloughs and discharges 419 et seq. 
Of Regular Navy 573, 574 
345 
T. 
Tax in kind—Act April 24, 1863 529 et seq. 
Act February 17, 1864 541 et seq. 
Taxation; exemptions from 546 et seq. 
Tobacco—Rations to enlisted men 241 
Destroyed under military necessity 506, 507 
Tax in kind 529, 531 et seq., 539, 541, 543 
Transfer of troops 336, 337, 167 INDEX 
Transportation 242 et seq. 
For volunteers for three years or the war 106, 107, 243 
With furloughs to twelve months’ men who re-enlist 121 
For officers engaged in recruiting 132 
Of private property by persons in charge of government transportation ...218 
When it can not be furnished in kind 242 
Of hospital supplies 409 
Of sick and wounded soldiers 414, 422 
Troops, state—Tendered, or who may volunteer 84 et seq. 
Requisition for, by the President 118, 119 
Indian 363 et. seq. 
Vacancies—In the Regular Army; how filled 10 
In officers of volunteers for the war 105 
In the ranks of companies of volunteers for the war 106 
Under Conscription laws 157; ]58 
Vegetables to be furnished to troops .... .236 
Vessels—For seaboard and general defence 615 et seq. 
Of war; appropriation to meet a contract for 621, 622 
Inventions of new kinds of armed 623 
Virginia militia 366 et seq 
Volunteer Navy 644 et seq. 
Volunteers—State troops who may volunteer 84 et seq. 
One hundred thousand for twelve months 88 et seq. 
For the war 99 et seq. 
For such time as the President may prescribe Ill et seq. 
Four hundred thousand for not less than twelve months nor more than 
three years 114 et seq. 
From Kentucky, Missouri, Maryland, and Delaware 137 et seq. 
For local defence and special service 193 et seq. 
V. 
War; act recognizing the existence of 655 
War department—Department established 550 
Duties of Secretary of War 551 
When an army officer is appointed Secretary of War 553 
Assistant Secretary of War 554 
Clerical force of War department 552, 555 et seq. 
Chief of Bureau of War 555 
Advance on contracts may be made by Secretary of War 558 
Purchase or lease of real estate by Secretary of War 559 et seq. 
Purchase or lease of real estate by Chief of Ordnance 560, 561 
Accounts of War department; duties of Second Auditor in relation thereto.562 
Bureaus or agencies west of the Mississippi 563, 564 
Ward-masters for hospitals 411 
Way-hospitals 418 
Whipping; punishment by, prohibited 329,330 
Winans’ gun; authority to construct 391 
w. 
Zouaves 83 
z. SUPPLEMENT 
CONTAINING THE 
MILITARY AND NAVAL LAWS 
OP THE 
FIRST SESSION, SECOND CONGRESS, 
ENDING JUNE 14, 1S64. MILITARY LAWS. 
I. General officers. 
II. General staff. 
III. Quartermaster, Commissary, and Medical departments. 
IV. Pay. 
V. Rations. 
VI. Transportation. 
VII. Details. 
VIII. Conscription. 
IX. Exemptions. 
X. Artillery. 
XI. Cavalry. 
XII. Ensign. 
XIII. Chaplains. 
XIV. Military storekeepers. 
XV. Supernumerary officers. 
XVI. Nitre and Mining bureau. 
XVII. Military courts. 
XVIII. State agents. 
XIX. Claims. 
XX. Habeas corpus. 
XXI. Hospitals. 
XXII. Taxes. 
XXIII. Scouts for Mississippi valley. 
XXIV. Virginia. 
XXV. War department. 
XXVI. War. 
I.—GENERAL OFFICERS. 
687. Appointment of temporary general officers. 
688. How long to hold their rank and command. 
687. That the President be and he is hereby author- 
ized, by and with the advice and consent of the Sen- 
ate, to appoint temporary officers of the rank of 
brigadier-general, major-general, lieutenant-general, 
or general, for the Provisional army, and assign them 
to any appropriate command. 
May 31,1864 
21, ch. 8. 
Appoint- 
ment of tem- 
porary gen- 
eral officers. 
688. That the said officers, so appointed, shall only 
hold their said rank and their said command for such 
time as the temporary exigency may require, at the 
expiration of which time they shall resume their pre- 
vious permanent rank and command. 
Ibid, l 2, 
How long to 
hold their 
rank and 
command. SUPPLEMENT. 
II.—GENERAL STAFF. 
689. To be constituted a corps. 
690. Assignment to duties. 
691. Staff officers allowed a general commanding in the field. 
692. Allowed a lieutenant-general commanding a corps. 
693. Allowed a major-general commanding a division. 
694. Allowed a brigadier-general commanding. 
695. Number of staff officers may bo increased or reduced. 
696. Appointments ; how to be made. 
June 14, 
1864. ? 1, 
ch. 58. 
General 
staff to be 
constituted 
a corps. 
689. That hereafter the general staff* of the army 
shall constitute a corps, and staff officers shall no 
longer, except assignment, be attached to any par- 
ticular military organization, or be held to duty at 
any post. That promotions in said corps shall be by 
selection, based upon capacity, merit, and services, 
and no one shall be appointed in said corps unless he 
has been two years, at least, in the military service 
during this war, or is over forty-five years of age, or 
is unfit for military service in the field. 
Promotions. 
Ibid, g 2. 
Assignment 
to duties. 
690. That the President is hereby authorized to as- 
sign all officers of the staff to such appropriate duties 
as he may think proper, except that he shall not as- 
sign them to commands in the line, unless in cases of 
emergency, and then only for a short time; and no 
officer shall bo allowed to hold, at the same time, a 
commission or appointment in the staff and in the 
line. 
Ibid, l 3. 
Staff officers 
allowed a 
general com- 
manding an 
army in the 
field. 
691. That the President is hereby authorized, upon 
the application of any general commanding an army 
in the field, to appoint, by and with the advice and 
consent of the Senate, or assign for duty with such 
general, whilst so commanding, a general officer, who 
shall be charged, under the direction of the general, 
with the administration of his army; there shall also 
be allowed to a general, so commanding, two assistant 
adjutants-general, one chief quartermaster, one chief 
of ordnance, and one chief commissary, each with the 
rank, pay, and allowances of a colonel of cavalry; a 
surgeon, as medical director, with the pay and allow- 
ances of a colonel of cavalry; one aide-de-camp, with 
tho rank, pay, and allowances of a colonel of cavalry; siiPri,F,?viKN'r. 
295 
and one aide-de-camp, with the rank, pay, and allow- 
ances of a lieutenant-colonel of cavalry [71]. 
692. That to a lieutenant-general commanding a 
coxps d’armee shall be allowed, to be appointed by the 
President, with the advice and consent of the Senate, 
two assistant adjutants-general, with the rank, pay, 
and allowances each of a colonel of cavalry; a chief of 
ordnance, a chief quartermaster, and a chief commis- 
sary, each with the rank, pay, and allowances of a 
lieutenant-colonel of cavalry; he shall also be allowed 
one surgeon, as medical director, to be appointed by 
the President, with the advice and consent of the 
Senate, with the pay and allowances of a lieutenant- 
colonel of cavalry; and, to be appointed as above, one 
aide-camp, with the rank, pay, and allowances of a 
lieutenant-colonel of cavalry, and one aide-de-camp, 
with the rank, pay, and allowances of a major of 
cavalry [71]. 
Ibid, §4. 
Staff officers 
allowed a 
lieutenant- 
general com- 
manding a 
corps 
d’ armee. 
693. That to a major-general commanding a division 
shall be allowed, to be appointed by the President, 
with the advice and consent of the Senate, two assist- 
ant adjutants-general, with the rank, pay, and allow- 
ances each of a lieutenant-colonel of cavalry; one 
chief of ordnance, one chief quartermaster, and a chief 
commissary, each with the rank, pay, and allowances 
of a major of cavalry; also a surgeon, with the pay 
and allowances of a major of cavalry; one aide-de- 
camp, with the rank, pay, and allowances of a major 
of cavalry: and one aide-de-camp, with the rank, pay, 
and allowances of a captain of cavalry [71]. 
Ibid, § 5. 
Staff officers 
allowed a 
major-gen- 
eral com- 
manding a 
division. 
694. That to a brigadier-general commanding a 
brigade shall be allowed, to be appointed as hereinbe- 
fore directed, two assistant adjntants-general and one 
assistant inspector-general, with the rank, pay, and 
allowances each of a major of cavalry; one surgeon, 
with the pay and allowances of a major of cavalry; 
one ordnance officer, with the rank, pay, and allow- 
ances of a captain of cavalry; one aide-de-camp, with 
the rank, pay, and allowances of a captain of cavalry; 
and one aide-de-camp, with the rank, pay, and allow- 
ances of a first lieutenant of cavalry [71]. 
Ibid, l 6. 
Staff officers 
allowed a 
brigadier- 
general 
commanding 
a brigade. SUPPLEMENT. 
Ibid, l 7. 
Number of 
staff officers 
may be in- 
creased or 
reduced. 
695. That the President is hereby authorized to re- 
duce the number of officers allowed by this act to the 
staff of any general officer, or to increase the same 
■when, in his opinion, the service will be benefited 
thereby. 
Ibid, §8. 
Appoint- 
ments ; how 
to he made. 
696. That all appointments under this act shall be 
made from those already in service. 
III.—QUARTERMASTER, COMMISSARY, 
AND MEDICAL DEPARTMENTS. 
697. Additional quartermasters and commissaries for the Provisional 
army. For railroad and field transportation, and for army sup- 
plies. Purchasing agents or transportation agents. Appoint- 
ments: how to be made. 
698. Regimental or battalion quartermasters. Assignment of quar- 
termasters and commissaries. 
699. When quartermasters and commissaries may be dropped from the 
rolls. 
700. Appointment of quartermasters to execute the duties in reference 
to the tax in kind. 
701. Commissaries for regiments of cavalry. 
702. Contracts for the manufacture of alcoholic liquors. 
703. Establishment of manufactories or distilleries. 
704. Quantity to be manufactured. None to be disposed of except in 
fulfilment of contract. 
June 14, 
1864, \ 1, 
eh. 52. 
Appoint- 
ment of addi- 
tional quar- 
termasters 
and commis- 
saries for the 
Provisional 
army. 
697. That the President is hereby authorized, by and 
with the advice and consent of the Senate, to appoint, 
for the Provisional army, additional quartermasters 
and commissaries, with the rank of colonel, lieutenant 
colonel, and major: Provided, That such additional 
quartermasters and commmissaries, with the rank of 
colonel, shall not exceed the number of military de- 
partments and separate armies existing at the time of 
their appointment; and that the additional quarter- 
masters and commissaries, with the rank of lieutenant- 
colonel, shall not exceed the number of army corps 
existingat the time of their appointment; and that the 
additional quartermasters and commissaries, with the 
rank of major, shall not exceed the number of divis- 
ions of the army existing at the time of the appoint- 
1 ment; and for the collection, control, and distribution 
of railroad and field transportation and army supplies, 
the President may appoint such additional quarter- 
masters and assistant quartermasters and commissa- 
For railroad 
and field 
transporta- 
tion, and for 
army sup- 
plies. SUri'LEMENt. 
297 
ries as may be necessary for the efficient execution of 
the duties of the Quartermaster’s and Commissary’s 
departments; and such purchasing agents or trans- 
portation agents may be employed as the service may 
require, who shall not have military rank, and whose 
compensation shall not exceed the pay of a captain of 
Purchasing 
agents or 
transporta- 
tion agents. 
infantry [70], and who may be required to give bond 
for the faithful performance of those duties \ but 
nothing herein contained shall be construed to pro- 
hibit the assignment of quartermasters and commis- 
saries, or assistant quartermasters or commissaries, to 
any of the foregoing duties, or to the duty of paying 
troops : Provided, That all said appointments shall be 
made from persons who are over forty-five years of 
age, or who are incapacitated, physically, for service in 
the field, or who have been in the service over twelve 
months, or have been heretofore discharging any of 
the aforesaid duties : Provided, further, That addition- 
al assistant quartermasters and commissaries shall not 
be appointed, if there are officers already in service 
who can be assigned to such duties without detriment 
to the service. 
Appoint- 
to be made, 
698. That it shall be no longer incumbent on the 
President to appoint or to keep in service an assistant 
quartermaster, with the rank of captain, for each regi- 
ment or battalion in the field, but he may assign the 
quartermaster of any army corps, division, brigade, 
regiment, or battalion, or the commissary of any army, 
army corps, division or brigade, to duty as quarter- 
master or commissary elsewhere, and to assign quar* 
termasters, assistant quartermasters, and commissaries 
and assistant commissaries appointed to posts or 
depots, or for other duties, to serve with armies, army 
corps, divisions, or brigades in the field, whenever, in 
his opinion, the public interest will be promoted 
thereby. 
n>id, §2. 
Regimental 
or battalion 
tera!terma8 
Assignment 
ofqnarter- 
masters and 
commissa- 
ries. 
699. That in case the services of any regimental 
quartermaster, or any other quartermaster or assist- 
ant quartei’master, or commissary or assistant com- 
* 7 J 
missary, appointed under this act, can, in the opinion 
of the President, be dispensed with, and such officer 
whenquar- 
sariesmay 
be dropped 
the SUPPLEMENT. 
can not be otherwise appropriately employed to the 
public interest, his name shall be dropped from the 
rolls, and he shall cease to be an officer of the Provi- 
sional army. 
Ibid, £ 4. 
Appoint- 
ment of 
quartermas- 
ters to exe-' 
cuto the du- 
ties in refer- 
ence to tax 
in kind. 
700. That the President be and he is hereby 
authorized to appoint one quartermaster, with the 
rank of major, for each state, and one assistant quar- 
termaster, with the rank of captain, for each con- 
gressional district in the several states, to execute the 
duties of the act in reference to the tax in kind : 
Provided, That the appointments to be made in pur- 
suance of this section shall be made with the same 
restrictions and limitations as are set forth in the first 
proviso to the first section of this act. 
Miy 23,1864 
ch. 5. 
Commissa- 
ries for regi- 
ments of cav- 
alry. 
701. That from and after the passage of this act 
there shall be allowed to each regiment of cavalry in 
the Army of the Confederate States one commissary, 
with the same rank, pay, and allowances as are now 
allowed by law to the quartermaster of such regi- 
ment [202] [72]. 
June 14,1864 
£ 2, ch. 41. 
Contracts for 
the manu- 
facture of al- 
coholic li- 
quors. 
702. That it shall be lawful for the Surgeon-General 
or the Commissary-General to make all necessary 
contracts for the manufacture and distillation of 
whiskey, brandy, and other alcoholic and spirituous 
liquors for the supply of the army and hospitals, upon 
such terms as may be conducive to the public interest; 
and that the said contracts, and any heretofore made, 
shall operate as a license to the contractor to manu- 
facture the same for the purpose aforesaid. 
t03. That the Surgeon-General and the Commissary- 
General shall be authorized to establish manufactories 
or distilleries for the purpose of obtaining the supplies 
aforesaid, and to employ laborers in the same, instead 
of resorting to contracts, if they shall deem it more 
prudent to do so. 
Ibid, 2 2. 
.Establish- 
ment of man- 
ufactories or 
distilleries. 
I bul, jS3. 
Quantity to 
be manufact- 
ured. 
704. That no contractor or party shall, under the 
license granted by this act, distil or make more alco- 
hol, whiskey, brandy, or other alcoholic or spirituous 
liquors than he shall deliver to the government or its 
agents, in fulfilment of his contract or contracts\ nor 
shall it bo lawful for any such contractor to sell, or in 
None to be 
disposed of 
except in ful- SUPPLEMENT. 
299 
any way dispose of, otherwise than as said contract or 
contracts may require, any alcohol, whiskey, brandy, 
or other alcoholic or spirituous liquors manufactured 
by him under the license aforesaid; nor shall this 
act operate as a license to any contractor for any 
violation of the prohibitions herein contained, when 
such violation shall be a crime or misdemeanor under 
the laws of the state in which the same may occur. 
fllm«nt°f 
IV.—PAY. 
705. Increase of pay of soldiers. 
706. Pay of general officers. Duration of the act. 
705. That from and after the passage of this act the 
pay of the non-commissioned officers, privates, and 
musicians of the Army of the Confederate States be, 
and the same is hereby, increased seven dollars per 
month for the period of one year from the passage of 
this act [75, 745]. 
June 9,1864. 
ch. 29. 
Increase of 
pay to non- 
commission- 
ed officers, 
privates and 
musicians. 
706. That the pay of a general shall be five hun- 
dred dollars per month; that of a lieutenant-general 
four hundred and fifty dollars per month, and that of 
a major-general three hundred and fifty [dollars] per 
month; that a general commanding an army in the 
field shall receive, in addition to the said sum of five 
hundred dollars per month, one hundred dollars; and 
a lieutenant-general, a major-general, and a brigadier- 
general shall, whilst serving in the field, each receive 
fifty dollars per month, in addition to the sum herein 
allowed, whilst so serving; and all laws allowing ad- 
ditional compensation for commanding a separate 
army in the field be, and they are hereby, repealed, 
except as herein provided; and that this act shall be 
in force for one year, and no longer. 
June 10,1864 
ch. 37. 
Of general 
officers. 
Act to con- 
tinue for one 
year. Stll'l'LKMEKT. 
V.—RATIONS.* 
707. To commissioned officers of the army and navy. 
708. Same as issued to privates. 
709. Commutation not allowed. Rations must be for own use. 
710. Duration of the act. 
June 7. 1864. 
? 1, ch. 23. 
To commis- 
sioned offi- 
cers of the 
army and 
navy. 
707. That all commissioned officers in the army 
and navy shall be entitled to one ration; and all com- 
missioned officers in the field and afloat, in addition 
thereto, shall be allowed to purchase from any com- 
missary, or other officer required to issue subsist- 
ence to soldiers, marines, or seamen, at the prime cost 
thereof, including transportation, as follows: One 
ration each for officers of and below the rank of colo- 
nel ; two rations each for officers of the rank oi 
brigadier-general, major-general, and lieutenant-gen- 
eral ; and three rations each for a general; one ration 
each for commissioned officers of the navy of and 
below the rank of commander, and two rations each 
for officers above that rank. 
ibid, 12. 
Same as 
issued to pri- 
708. That an officer shall not draw or purchase, at 
any time, more of the component part of a ration 
than is issued to the private soldier at the same time. 
709. That nothing contained in this act, or the act 
to 'which this is an amendment [238 et seq.'], shall be 
construed as allowing commutation for rations, or as 
authorizing an officer to receive or purchase rations, 
except when he requires them for his own use. 
ibid, §3. 
tionnotai- 
lowed. Ra- 
tionsmust 
use.m °'vu 
ibid, §4. 
Duration of 
the act. 
710. That this act shall continue in force only during; 
J 
the war. 
711. Allowed officers of army and navy while travelling under orders. 
712. To members of Congress. 
713. To sick and wounded officers. Hospital accommodations. 
VI.—TRANSPORTATION. 
June 4,1864. 
Aiiowedoffi- 
ed navymy 
711. That officers of the army and navy, while 
travelling under orders of the War or Navy depart- 
ments, shall be allowed transportation in kind for 
* For hospital rations, free of charge, to sick and wounded officers, seo 713. 
For commutation value of rations of sick and wounded, see 743. SUPPLEMENT. 
301 
themselves and their personal baggage, and ten dollars 
per day for expenses while necessarily travelling in the 
execution of their orders. 
while travel- 
ling uuder 
orders. 
712. That whenever the usually travelled routes 
between the homes of members of Congress and the 
capital are interfered with by the enemy, it shall be 
the duty of military commanders to facilitate the pas- 
sage of members and delegates going to or returning 
from Congress, by furnishing transportation in kind 
for any distances over which they may state in writ- 
ing they can not provide themselves with transporta- 
tion; and such written application, endorsed “fur- 
nished,” by the party receiving the transportation, 
shall be accepted as a sufficient voucher for the 
expenditure of the officer in furnishing the same. 
June 8,1864. 
eh. 26. 
To members 
of Congress. 
713. That sick and wounded officers on leave, upon 
certificates of a board of surgeons, be allowed trans- 
portation to their homes and back to their commands, 
as in- the case of enlisted men on furlough [243] ; the 
indulgence hereby accorded to continue in force for 
ninety days after the next meeting of Congress. 
Resolved, further, That all sick and wounded officers 
in the naval and military service shall be entitled to 
enter any hospital and receive such treatment and 
rations as now provided by law, free of charge. 
Ju^0^864 
Sick an<l , 
wounded of- 
ficers allow- 
ed transpor- 
tation;aiso, 
hospital ac- 
commoda- 
VII.— DETAILS. 
714. Pay and allowances of detailed soldiers, seamen, and others. 
715. Additional compensation. 
716. Compensation of those detailed to government contractors. 
714. That all persons detailed from the army, or 
r J 
after enrolment for military service, or from the navy 
. n . i in 
or marine corps, for special duty or extra duty, shall 
be allowed to receive their regular pay, rations, and 
allowances, as if they were'performing service in the 
field. 
June9,i864. 
$ 1, ch. 27. 
ray and ai- 
lowance* of 
detailed soi- 
men, and 
715. That all such detached or detailed men shall be 
allowed, in addition, not exceeding two dollars per 
day, and compensation for all extra work, or for any 
Additional 
®i°™pen8,v HTIPPI.KMF.NT- 
uncommon skill or industry displayed in the perform- 
ance of duties to which they may be assigned, in 
proportion to the value of such extra labor or uncom- 
mon skill or industry, whether it be in performing an 
unusual amount of work within the usual hours of 
labor, or work performed beyond the usual hours, 
or extraordinary skill and superior workmanship dis- 
played in the execution of such duties—the value of 
said extra labor or uncommon skill or industry to be 
determined by the officer or superintendent under 
whose immediate direction said detached or detailed 
service may be performed, subject to the approval of 
the Secretary of War or Navy. The additional com- 
pensation provided in this section shall be the same 
for both the War and Navy departments, under 
certain rules to be prescribed by the President. 
Ibid. 13. 
Compensa- 
tion of those 
detailed to 
government 
contractors. 
716. That all non-commissioned officers, musicians, 
privates, sailors, or marines detailed to government 
contractors, shall be so detailed without pay and 
allowances, but shall be compensated for their ser- 
vices by wages received from said contractors, under 
rules to be prescribed by the Secretary of War or of 
the Navy. 
VIII.—CONSCRIPTION. 
717. Persons between 17 and 18, and 45 and 50, prevented from en- 
rolling themselves by the presence of the enemy. 
JunelO, 1864 
ch. 33. 
White males 
between 17 
and 18, and 
45 and 50, 
prevented 
from enroll- 
ing by the 
presence of 
the enemy. 
717. That the act entitled “An act to organize 
forces to serve during the war,” approved seventeenth 
February, eighteen hundred and sixty-four [166 et 
seq.] be, and the same is hereby, so amended as to 
allow all white male residents, between the ages of 
seventeen and eighteen and forty-five and fifty years, 
who were prevented from enrolling themselves within 
the time prescribed by the said act, by the occupation 
of their localities or country by the public enemy, 
and whose homes are, and have been since the passage 
of said act, beyond the lines of the Confederate armies, 
to organize themselves in pursuance of the sixth sec- SI! PPI.FMKNT 
tion of said act [170], after their homes or localities 
are brought within the lines of the Confederate armies; 
and this privilege shall continue for the space of thirty 
days after the reoccupation is announced by an order 
issued by the general commanding the department, 
and published in the military department in which 
such reoccupation may occur. 
IX.—EXEMPTIONS. 
718. From military service of members of certain Christian denomina- 
tions. 
719. When exemptions may be revoked. 
718. That the Secretary of War shall be authorized 
to grant exemptions to the members of the various 
denominations of Christians mentioned in the Exemp- 
tion act of the eleventh of October, eighteen hundred 
and sixty-two [181], who at that time belonged to 
the same, and who were in regular association there- 
with, upon the terms and conditions specified in that 
act, or upon such other terms and conditions as he is 
authorized to allow exemptions or grant details under 
any of the clauses of the act approved February seven- 
teenth, eighteen hundred and sixty-four, to which this 
is an amendment [189]. 
June", 1864. 
I 1, ch. 24. 
Prom milita- 
ry service of 
members of 
certain 
Christian <ie - 
nominations. 
719. That the Secretary of War be and he is hereby 
, . _ , . J 
authonzed to revoke any such exemptions under the 
act aforesaid, when the same have been obtained by 
any fraud, misrepresentation, or error. 
ibid, §2. 
When ex- 
emptions 
voked°lH 
X.—ARTILLERY. 
720. Additional officers for ordnance duties. 
720. That the President, by and with the advice 
7 J 
and consent of the Senate, may appoint fifty officers 
' * A A v 
of artillery in the Provisional army for the perform- 
ance of ordnance duties, in addition to those author- 
ized by the act entitled “An act to authorize the 
Juneio,i864 
ch.38. 
Additional 
officers of ar- 
tnieryfor 
duties.' 304 
SUPPLEMENT. 
appointment of officers of artillery in the Provisional 
army,” approved April twenty-first, eighteen hundred 
and sixty-two [284], and “ An act to authorize the 
appointment of additional officers of artillery for 
ordnance duties,” approved September sixteenth, 
eighteen hundred and sixty-two [285], and that the 
rank of said officers shall be as provided in said last 
named act. 
721. When non-commissioned officers or soldiers may be dismounted 
and placed in the infantry. 
722. Horses ; how to be disposed of. 
XI.—CAVALRY.* 
June 7,1864. 
1. ch. 22. 
When non- 
commission- 
ed officers or 
soldiers may 
be dismount- 
ed and plac- 
ed in the in- 
fantry. 
721. That the commanding general of any army in the 
field shall have the power to direct the dismounting 
of any non-commissioned officer or officers, soldier or 
soldiers, in the cavalry service in his command, 
and to plaqe him or them in the infantry, who shall 
misbehave before the enemy, or shall be guilty of ille- 
gally wasting, spoliating, or appropriating to his own 
use any private property, or of doing any violence to 
any citizen. 
Ibid, l 2. 
Horses; how 
to be dis- 
posed of. 
722. That the horses belonging to persons so dis- 
mounted, and which they may have had in the ser- 
vice, may be taken for the use of the army, and the 
appraised value thereof shall be paid to the owner. 
723. For each battalion of infantry. 
724. To apply only to Provisional army. 
XII.—ENSIGN. 
May 31,1864. 
\ 1, ch. 10. 
For each bat- 
talion of in- 
fantry. 
723. That the above recited act be, and the same is 
hereby, amended so as to allow the appointment of an 
ensign to each battalion of infantry [66]. 
Ibid, \ 2. 
To apply 
only to Pro- 
visional 
army. 
724. That the said act, and this amendment thereto, 
shall be understood and construed to apply only to the 
Provisional army of the Confederate States. 
For commissary to each regiment of cavalry, see 701. SUPPLEMENT. 
XIII.—CHAPLAINS 
725. To battalions and hospitals. 
725 That the President be and he is hereby 
authorized, by and with the advice and consent of the 
Senate, to appoint, when in his judgment it may be 
proper to do so, chaplains to battalions and to general 
hospitals, who shall receive the same pay and allow- 
ances now authorized by law to chaplains appointed 
to regiments and posts [252]. 
May 31,1864 
ch. 11. 
To battalions 
and hospi- 
tals. 
XIV.—MILITARY STOREKEEPERS. 
72(5. Ten additional military storekeepers of ordnance. 
727. Bonds. Who may be appointed. 
726. That the President be authorized to appoint ten 
military storekeepers of ordnance in the Provisional 
Army of the Confederate States, in addition to those 
authorized by act of May first, eighteen hundred and 
sixty-three, entitled “An act to provide for the ap- 
pointment of military storekeepers in the Provisional 
Army of the Confederate States’* [286], five with the 
pay and allowances of a captain of infantry, and five 
with the pay and allowances of a first lieutenant of 
infantry. 
June 4, 1864. 
i 1. ch. IT. 
Ten addi- 
tional milita- 
ry storekeep- 
ers of ord- 
nance may 
be appointed 
727. That military storekeepers of the first class, so 
appointed, shall be required to give the usual bonds in 
the sum of twenty thousand dollars, and those of the 
second class in the sum often thousand dollars. This 
act shall be in force from and after its passage: Pro- 
vided, That no one shall be appointed under its pro- 
visions except persons who were performing the duties 
of acting military storekeepers prior to January first, 
eighteen hundred and sixty-four, or have become in- 
capacitated by wounds or sickness for active service. 
Ibid, § 2. 
Bonds. 
Who may be 
appointed. SUPPLEMENT. 
XV.—SUPERNUMERARY OFFICERS. 
728. Organizations of. 
729. Privilege of joining other companies. 
730. Offices left vacant by the resignation of supernumeraries. Low- 
est grade of commissioned officers, senior second lieutenant, 
and first lieutenant. 
June 14,1864 
§1, ch. 51. 
Organiza- 
tion of su- 
pernumera- 
ry officers. 
728. That the President is hereby authorized to 
grant authority for the organization of companies, 
battalions, or regiments, to be composed of supernu- 
merary officers of the Provisional army. 
Ibid. I 2. 
Privilege of 
joining oth- 
er compa- 
nies. 
729. That it shall be lawful for any supernumerary 
officer to join said organizations, or any other compa- 
ny in the Confederate service, which does not exceed 
the maximum prescribed by law, upon tender to the 
proper authorities of his resignation for that purpose. 
Ibid, § 3. 
Offices left 
vacant by 
the resigna- 
tion of su- 
pernumera- 
ries. 
730. That the offices left vacant by such resigna- 
tions shall not be filled, and that hereafter the lowest 
grade of commissioned officer shall not be filled unless 
there are upon the rolls of the company for service 
at least forty-six non-commissioned officers and pri- 
vates ; nor shall the position of senior second lieuten- 
ant be filled, in case of a vacancy therein, unless there 
are upon the rolls of the company for service at least 
thirty non-commissioned officers and privates; nor 
shall the position of first lieutenant be filled, unless in 
case of a vacancy there are at least twenty non-com- 
missioned officers and privates on the rolls of the 
company for service—which fact shall in each case be 
certified to by the captain of the company, and ap- 
proved by the colonel of the regiment, before such 
promotion can be made. 
Low est 
grade of 
commission- 
ed officers, 
senior 2d 
lieutenant, 
and 1st lieu- 
tenant. 
XVI.—NITRE AND MINING BUREAU. 
731. Officers ; their pay and allowances. 
732. Appointment of chemists; their pay. 
733. Duration of the act. 
June 9, IS04. 
g 1, eh. 3U. 
Officers; 
their pay 
and allow- 
ances. 
731. That the act [483] approved April twenty- 
second, eighteen hundred and sixty-three, constituting 
the Nitre and Mining bureau an independent bureau 
of the War department, be amended as follows: That SUPPLEMENT. 
307 
the Nitre and Mining bureau shall consist of one colo- 
nel as chief of bureau, two lieutenant-colonels, six ma- 
jors, twelve captains, who shall have the same pay 
and allowances prescribed for officers of cavalry of the 
same grade [71]. 
732. That chemists and professional assistants, ab- 
solutely essential for the operations of the bureau, not 
to exceed six of each class, shall be appointed by the 
Secretary of War, with pay in no case to be above 
that of lieutenant-colonel of the commissioned corps. 
Ibid, g 2. 
Appoint- 
ment of 
chemists ; 
their pay. 
733. That this act shall continue in force only dur- 
ing the present war. 
Ibid. g 3. 
Duration of 
the act. 
XVII.—MILITARY COURTS. 
734. When commanders of subordinate organizations may take action 
upon charges and specifications. 
735. Acquittals and release. 
736. Military courts in North Alabama. 
737. Clerks and marshals; persons to lill said offices to bo detailed. 
734. That the above entitled act [346] be so amend- 
ed that in all instances in which the particular division, 
corps, district, or other subordinate organization, to 
which a military court is or may be hereafter appoint- 
ed or assigned, the commander of the army or depart- 
ment may, by order, when in his discretion it shall be 
proper and safe to do so, direct and empower the com- 
mander of the subordinate division, corps, district, etc., 
to pass upon and refer for trial all charges and speci- 
fications to come before said court, review and confirm 
or disapprove the records thereof, transmit the same 
direct to the War department, remit or suspend sen- 
tences (where lawful), and take all action and exercise 
all jurisdiction in that behalf which pertains under 
existing laws to the commander of the army or de- 
partment. 
June 14,1864 
g 1, ch. 53. 
When com- 
manders of 
subordinate 
organiza- 
tions may 
take action 
in relation 
to charges. 
735. That fi'om and after the passage of this act, 
when any person shall have been tried by any milita- 
ry court or court-martial, and acquitted of the charge 
or charges preferred, the finding of the court shall be 
announced immediately, and the person so tried and 
Ibid, l 2. 
Acquittals 
and release. SUPPLEMENT. 
acquitted, if a soldier, shall be released from arrest 
and returned to duty; and if other than a soldier, dis- 
charged from custody without awaiting the examina- 
tion or report of the reviewing officer of such court. 
•Mine 14,1864 
cfe. 54. 
Military 
court in 
North Ala- 
bama. 
736. That the proviso to said act [353], and also so 
much thereof as requires that the judge of the military 
court in North Alabama shall give ten days’ notice of 
the times and places of holding said courts before the 
same are held, be, and the same are hereby. repealed. 
June 14.1864 
ch. 67. 
Clerks and 
marsh itls: 
Secretary of 
War to de- 
tail persons 
to fill said 
offices. 
737. That so much of the said act [347] as empow- 
ers the said military courts to appoint their clerks and 
marshals, and provides for the payment of the sala- 
ries of the said officers, is hereby repealed; and here- 
after it shall be the duty of the Secretary of War to 
detail and assign persons to fill said offices from 
military officers and non-commissioned officers and 
privates unable to perform duty in the field, and the 
compensation of such persons shall only be the pay to 
which they may be respectively entitled by virtue of 
their military commissions. 
XVIII.—STATE AGENTS. 
May 31. 1864 
ch. 9. 
State officers 
appointed to 
communi- 
cate with 
troops, al- 
lowed to 
purchase 
forage. 
738. To communicate with troops ; may purchase forage. 
738. That the above named act [345] be, and the 
same is hereby, amended so as to allow to the state 
officer therein named the right to purchase forage for 
one horse, in addition to the right granted thereby to 
purchase one ration—said purchases to be made upon 
the same terms and conditions, and under the same 
circumstances, under which officers of the Provisional 
army may bo allowed to purchase rations or forage. SUPPLEMENT. 
309 
XIX.—CLAIMS. 
739. For forage, provisions, etc., furnished or informally impressed'. 
Claims originating west of the Mississippi river. Compensa- 
tion to agents. Quartermasters, or disabled officers, may be 
assigned. Non-commissioned officers and privates. 
740. Limitation of act. Presentation of claims. 
739. That it shall be the duty of the Secretary of 
War to appoint and assign, in each congressional dis- 
trict, and for each territory, an agent, not liable to 
military duty in the field, who shall, at stated times, 
in each county or parish, under the direction of the 
post quartermaster nearest to him, receive and take 
proof, under oath, in relation to all claims in said dis- 
trict for forage, provisions, cattle, sheep, hogs, horses, 
mules, teams, and wagons heretofore furnished to the 
ai’my by the owner, or heretofore taken or informally 
impressed for the use of the army and not yet paid 
for, by any officer in the military service, or by his 
order or direction, express or implied, from the use of 
the property, whether said officer be a line or staff 
officer, and whether he be a bonded officer or other- 
wise, and report the facts and transmit the evidence 
in each case to the proper accounting officers of the 
Treasury, together with his opinion as to the justice 
and validity of the claim; and the said accounting 
officers are hereby authorized to audit, and control, 
and order payment of such claims as appear to them 
to be equitable and just: Provided, That all such 
claims originating west of the Mississippi river shall 
be reported to the accounting officers of the Treasury 
department established for the trans-Mississippi de- 
partment, who are hereby authorized to audit, control, 
and direct payment of the same, in the same manner 
as the accounting officers of the Treasury east of the 
Mississippi river. And the said agent is hereby au- 
thorized, in taking testimony in regard to said claims, 
to administer oaths to witnesses, and, if he think prop- 
er, to the claimants themselves. The compensation 
allowed to said agent shall be ten dollars per day 
while actually engaged in the performance of the 
duties imposed on him by this act, and thirty cents 
J““ec1h4’ 
For forage, 
etogurnish- 
impressed, 
claimsorigi 
of the Mis- 
sissippimer 
Compensa- 
agents, 310 
SITPPL.KMKNT. 
per mile for every mile actually travelled by him, to 
be paid under regulations to be prescribed by the Sec- 
retary of War: Provided, That the Secretary of War 
may assign to the duty herein mentioned any quar- 
termaster or disabled officer of the army; and, in that 
event, said officer or quartermaster shall, in addition 
to the compensation now allowed him by law, be enti- 
tled to mileage at the rate of forty cents per mile : 
Provided, further, That the Secretary of War may ap- 
point and assign any non-commissioned officer or 
private to perform the duties under this act who may 
be unfit for active service in the field because of 
wounds received or disease contracted in said service, 
and the pay and allowances of such non-commissioned 
officer or private, when so appointed and assigned, 
shall be the same as are allowed to pei’sons so appoint- 
ed who may not be liable to military service. 
740. This act shall cease and determine on the first 
day of January, eighteen hundred and sixty-five, east 
of the Mississippi river, and on the first day of May, 
eighteen hundred and sixty-five, west of the Missis- 
sippi river; and all claims of the description aforesaid, 
not presented to the agent aforesaid prior to said 
dates, at the respective places mentioned, shall not be 
entitled to the benefits of this act. 
Quartermas- 
ters or disa- 
bled officers 
may be as- 
signed. 
Non-commis- 
sioned offi- 
cers and pri- 
vates. 
Ibid, § 2. 
Limitation 
of act. 
Presentation 
of claims. 
XX.—HABEAS CORPUS. 
[See 396 et seq.~\ 
741. Compensation of commissioners and their assistants. 
742. Powers of the commissioners. 
June 9,1864. 
} 1. ch. 28. 
Compensa- 
tion of com- 
missioners 
and their as- 
sistants. 
741. That the commissioners appointed under the 
said act [408] shall be entitled to receive the com- 
pensation of two hundred and fifty dollars each per 
month, from the date of their respective appointments 
until the expiration of their service; and that their 
assistants shall be allowed one hundred and fifty dol- 
lars per month, from the date of their appointments, 
respectively, until the expiration of their service. SUPPLEMENT. 
742. That the said commissioners shall have the 
powers conferred upon commissioners appointed by 
the district courts by the act of the Provisional Con- 
gress approved thirtieth of August, eighteen hundred 
and sixty-one, and numbered two hundred and 
seventy-three in the acts of the said Congress.* 
Ibid, l 2. 
Powers of 
the commis- 
sioner*. 
XXL—HOSPITALS.! 
743. Commutation value of hospital rations. 
743. That the commutation value of rations of the 
sick and wounded officers and soldiers in hospitals or 
other places, used in camp or the field as hospitals, be 
fixed at the government cost of said rations, and one 
hundred per centum thereon: Provided, that said one 
hundred per centum on the government cost of each 
ration commuted shall constitute a hospital fund, and 
be drawn and appropriated as the Secretary of War 
shall deem necessary, to purchase supplies for the use 
of the sick and disabled of the army in hospitals [408]. 
June 14,1864 
Commuta- 
tion value of 
rations of the 
sick and 
wounded. 
* No. 273. An act vesting certain 'powers in the Commissioners of the 
District Courts of the Confederate States. 
Section 1. The Congress of the Confederate States of America do 
enact, That the commissioners appointed by the district courts of the 
Confederate States shall have power to issue warrants of arrest against 
offenders, for any crime or offence against the Confederate States, or 
the laws thereof, and to commit to prison or admit to bail such offender, 
as the case may be, for trial before such court as may have cognizance 
of the offence, and with all the powers in relation to crimes and offences 
against the Confederate States, or the laws thereof, which are conferred 
on justices of the peace in relation to crimes and offences against the 
United States of America, by the act of the twenty-fourth of Septem- 
ber, seventeen hundred and eighty-four, of the Congress of said United 
States, entitled “ An act to establish the judicial courts of the United 
States.” 
| Sick and wounded officers allowed treatment and rations free of 
charge [713]. SUPPLEMENT. 
XXII.—TAXES. 
744. Additional tax for the year 1864. 
745. Appropriated to payment of increased compensation of soldiers. 
746. Tax remitted on slaves lost by act of the enemy. 
747. Act of 17th of February, 1864, amended. 
748. Where crops have been wholly or partially destroyed. 
749. Where quantity of corn reserved is insufficient for actual wants 
of producer. 
750. Fruit, and products of gardens, when exempt from taxation. 
751. Account of slaughtered hogs. 
752. Additional taxes levied. Five per cent, on property specified. De- 
duction for tax in kind. Duty of post quartermaster. 
753. Bacon and certain agricultural products; when not subject to 
taxation. 
June 10, 
1864, \ 1, 
ch. 34. 
Additional 
tax for the 
year 1864. 
744. That upon all subjects of taxation under 
existing tax laws there shall be assessed and levied 
a tax equal- to one-fifth of the amount of the present 
tax on the same subjectsfor the year eighteen hundred 
and sixty-four, which tax shall be payable only in Con- 
federate treasury notes of the new issue, and shall be 
collected at the same times with the other taxes on 
the same subjects, under the laws now in force. 
Ibid,? 2. 
Appropri- 
ated to pay- 
ment of in- 
creased com- 
pensation of 
soldiers. 
745. The money arising from the tax hereby im- 
posed shall be appropriated, first, to the payment of 
the increased compensation of the soldiers under the 
act passed at the present session [705]. 
June 10,1864 
ch. 36. 
Tax remit- 
ted on slaves 
lost by act of 
the enemy. 
746. That whenever slaves shall have been assessed, 
but between the time of the assessment and the time 
fixed by law for the payment of the tax thereon, such 
slaves shall be lost to the owner by the act of the 
enemy, the said tax may be remitted in the manner 
pointed out by the second section of the act entitled 
“An act for the relief of tax-payers in certain cases,” 
approved February thirteenth, eighteen hundred and 
sixty-four [536]. 
June 10.1864 
g 1, ch. 32. 
Act of Feb. 
17, 1864, 
amended. 
747. That the act [641] approved seventeenth Feb- 
ruary, eighteen hundred and sixty-four, entitled “An 
act to amend an act entitled ‘An act to lay taxes for 
the common defence and carry on the government of 
the Confederate States,” approved April twenty-fourth, 
eighteen hundred and sixty-three ” [529], be, and the 
same is hereby, amended as follows : After the word 
“ wool,” in the first proviso of the fourth paragraph of 
section ten, the words “ in the aggregate” shall be SUPPLEMENT. 
313 
inserted ; and in the same article and section, the word 
“eight” shall be substituted for the word “five,” so 
as to read: Provided, That post quartermasters shall 
direct such delivery to be made at anytime within 
eight months after the date of said estimates, etc. 
748. In all cases where crops, subject to a tax in 
kind, have been or may be destroyed, in wholo or in 
part, by fire or any other accidental cause, or by the 
enemy, if before assessment, the assessor shall regard 
the part of the crop not destroyed as all that wras 
produced by the owner; if after assessment, and the 
destruction be satisfactorily proven, the post quarter- 
master shall also regard the portion of the crop not 
destroyed as all that was produced, and the proof re- 
lieving the producer shall entitle the quartermaster to 
a credit on his return for the property thus lost [585, 
536}. 
Ibid'J 2. 
Where crops 
have been 
wholly or 
partially de- 
stroyed. 
749. In cases where the quantity of corn reserved 
from the tax in kind is not sufficient to supply the act- 
ual wants of the producer, without any default on 
his part, upon satisfactory evidence of the fact, 
the Secretary of War is authorized to allow the money- 
value to be paid for the tithe to the extent thus re- 
quired. 
Ibid, §3. 
Where quan- 
tity of corn 
reserved is 
insufficient 
for actual 
wants of 
producer 
750. The law imposing a tax upon the assessed value 
of property shall not be so construed as to impose a 
tax upon the produce of gardens intended for the use 
of the family of the owner, nor upon fruit raised for 
domestic use and not for sftle. 
Ibid,l 4. 
Fruit, and 
products of 
gardens ; 
when ex- 
empt from 
taxation. 
751. That the account of slaughtered hogs required 
by the first section of said act shall be rendered on or 
about the first day of March, eighteen hundred and 
sixty-five and eighteen hundred and sixty-six, for each 
year preceding said date. [See 542.] 
Ibid, l 5. 
Account of 
slaughtered 
hogs. 
752. That the first, second, and third sections of the 
“Act to levy additional taxes for the common defence 
and support of the government,” approved seven- 
teenth of February, eighteen hundred and sixty-four, 
be amended and re-enacted, so as to read as follows, 
to wit: 
June 14,1864 
Ch. 44. 
Section 1. That, in addition to the taxes ievied by 
Additional 
taxeu levied. 314 
STTPPI.RM KNT. 
the “ Act to lay taxes for the common defence and to 
carry on the Government of the Confederate States,” 
approved April twenty-fourth, eighteen hundred and 
sixty-three, there shall be levied from the seventeenth 
day of February, eighteen hundred and sixty-four, on 
the subjects of taxation hereinafter mentioned, and 
collected from every person, copartnership, association, 
or corporation liable therefor, taxes as follows, to wit: 
I. Upon the value of all property, real, personal, 
and mixed, of every kind and description, not herein- 
after exempted or taxed at a different rate, five per 
cent.: Provided, That from the tax on the value of 
property employed in agriculture shall be deducted 
the value of the tax in kind derived therefrom during 
the same year, as assessed under the law imposing it, 
and delivered to the government, whether delivered 
during the year or afterward, including the bacon, 
deliverable after, and not prior to, the assessment of 
the tax on property employed in agriculture as afore- 
said ; and the collection of the tax on such property 
shall be suspended after assessment, under the order 
of the Secretary of the Treasury, until the value of 
the tithe to be deducted can be ascertained; and when 
so ascertained, it shall be the duty of the post quarter- 
master to certify, and of the district collector to de- 
duct, the value of such tithe, and any balance found 
due may be paid in bonds and certificates therefor., 
authorized by the “Act to reduce the currency and to 
authorize a new issue of notes and bonds,” in like 
manner as other taxes payable during the year : Pro- 
vided, That no credit shall be allowed beyond five per 
cent. 
Five per cent 
on property 
specified. 
Deduction 
for tax iu 
kind. 
Duty of post 
quartermas- 
ter. 
Ibid, §5. 
Bacon and 
certain agri- 
cultural pro- 
ductions not 
subject to 
taxation. 
753. That this act shall not be so construed as to 
subject to taxation corn, bacon, and other agricultural 
products which were produced in the year eighteen 
hundred and sixty-three, and in the possession of the 
producer on the seventeenth of February, eighteen 
hundred and sixty-four, and necessary for the support 
of himself and family during the present year, and 
from or on which in kind have been deducted 
and delivered or paid. SUPPLEMENT. 
XXIII.—SCOUTS FOR MISSISSIPPI VAL- 
LEY. 
754. Appointment authorized. 
755. Authority to raise companies for scout and guard duty. 
756. Details for such service. 
757. Of what composed, and how equipped. 
754. That the President of the Confederate States 
be and is hereby authorized, by and with the advice 
and consent of the Senate, to appoint one major and 
four captains to do service as scouts in the valley of 
the Mississippi river, or to assign any proper officers 
for that purpose. 
June 10,1864 
ch. — 
Appoint- 
ment of 
scouts for 
service in 
the Missis- 
sippi valley. 
755. That the officers thus commissioned shall have 
authority to raise four companies, to be officered by 
the President, to be composed of such members and 
such persons as he may approve, for scout and guard 
duty for government transportation across the Missis- 
sippi river, under such rules and regulations as may 
be prescribed by the War department. 
Ibid, ? 2. 
Authority to 
raise compa- 
nies for scout 
and guard 
duty. 
756. That the President may detail such officers and 
men from the army as he may deem peculiarly quali- 
fied for such service. 
Ibid, ?3. 
Details for 
such service. 
757. That such scouts and guards shall be composed 
either of infantry or cavalry, or in part of both, at the 
discretion of the President, and equipped in such 
manner as will make them most effective, and shall be 
entitled to the same pay and allowances, and be sub- 
ject to the same regulations, as other soldiers. [For 
pay, see G7 et seq.~\ 
Ibid,§ 4. 
Of what com- 
posed, and 
how equip- 
ped. 
XXIV.—VIRGINIA. 
758. Ancient boundaries to be maintained. 
758. Whereas, Resolutions of the General Assembly of 
Virginia, adopted October eighth, eighteen hundred 
and sixty-three, have been communicated to Con- 
gress by the governor of that state, at the request 
of the general assembly, wherein that body, refer- 
ring to former proceedings, and to the attempt of 
June 4,1864. 
Res. 9. 
Preamble. SUPPLEMENT. 
the enemy to form a new state out of the State of 
Virginia, declares that “it is the firm determination 
of the state, and known to be that of the Confeder- 
ate government, to assert and maintain the juris- 
diction and sovereignty of the State ot Virginia to 
the uttermost limits of her ancient boundaries, at 
any and every cost:” 
The Congress of the Confederate States of America do 
resolve, That in no event will this government con- 
sent to a division or dismemberment of the state of 
Virginia, but will assert and maintain her jurisdiction 
and sovereignty to the uttermost limits of her ancient 
boundaries, at any and every cost. 
Ancient 
boundaries 
to be main- 
tained. 
759. Appointment and salary of disbursing clerk 
XXV.—WAR DEPARTMENT. 
May 31.18fi4 
ch. 12. 
Appoint- 
ment and 
salary of dis- 
bursing 
clerk. 
759. That there shall be appointed by the Secretary 
of War a clerk, with a salary of twenty-five hundred 
dollars per annum, who shall be charged with making 
the disbursements for the said department, and who 
shall give a bond, with sureties, for the faithful per- 
formance of the duties of his office, in such sum as 
the Secretary of War shall prescribe. And all acts 
and parts of acts now providing for the appointment 
and salary of disbursing clerk for said department be, 
and the same are hereby, repealed: Provided, Said 
salary shall not continue for a period beyond the du- 
ration of the war with the United States. [See 555.] 
XXVI.—WAR. 
760. Manifesto of Congress relating to the existing war with the United 
States. Copies to be transmitted to our commissioners abroad. 
Declaration of the principles, dispositions, and purposes of the 
Confederate States. 
June 14,1864 
Res. 13- 
Manifesto of 
Congress re- 
lating to the 
existing war 
withthe 
United 
states. 
76O. ffhereas, It is due to the great cause of hu- 
-1111* 
inanity and civilization, and especially to the heroic 
J x J 
sacrifices of their gallant army in the field, that no 
. ° . 
means consistent with a proper sell-respect, and the 
, „ . , , , , . , , . . 
approved usages ot nations, should be omitted by the SUPPLEMENT. 
317 
Confederate States to enlighten the public opinion of 
the world with regard to the true character of the 
struggle in which they are engaged, and the dispo- 
sitions, principles, and purposes by which they are 
actuated: therefore, 
Resolved, by the Congress of the Confederate States of 
America. That the following manifesto be issued in 
. 
their name and by their authority, and that the Presi- 
dent be requested to cause copies thereof to be trans- 
mitted to our commissioners abroad, to the end that 
the same may be laid before foreign governments: 
tot* 
to our com- 
missioner* 
abroad, 
MANIFESTO OF THE CONGRESS OF THE CONFEDERATE 
STATES OF AMERICA RELATIVE TO THE EXISTING WAR 
WITH THE UNITED STATES. 
The Congress of the Confederate States of America, 
acknowledging their responsibility to the opinion of 
the civilized world, to the great law of Christian phi- 
lanthropy, and to the Supreme Euler of the Universe, 
for the part they have been compelled to bear in the 
sad spectacle of war and carnage which this continent 
has, for the last three yrears, exhibited to the eyes of 
afflicted humanity, deem the present a fitting occasion 
to declare the principles, the sentiments, and the pur- 
poses by which they have been, and are still, actuated. 
They have ever deeply deplored the necessity which 
constrained them to take up arms in defence of their 
rights, and of the free institutions derived from their 
ancestors; and there is nothing they more ardently 
desire than peace, whensoever their enemy, by ceasing 
from the unhallowed war waged upon them, shall 
permit them to enjoy in peace the sheltering protection 
of those hereditary rights and of those cherished in- 
stitutions. 
Declaration 
sftions,d 
purposes of 
erate States, 
The series of successes with which it has pleased 
Almighty God, in so signal a manner, to bless our 
arms on almost every point of our invaded borders 
since the opening of the present campaign, enables us 
to profess this desire of peace in the interests of civil- 
ization and humanity without danger of having our 
motives misinterpreted, or of the declaration being 318 
SUPPLEMENT. 
ascribed to any unmanly sentiment, or any distrust of 
our ability fully to maintain our cause. The repeated 
and disastrous checks, foreshadowing ultimate dis- 
comfiture, which their gigantic armjq directed against 
the capital of the Confederacy, has already met with, 
are but a continuation of the same providential suc- 
cesses for us. We do not refer to these successes in 
any spirit of vain boasting, but in humble acknowledg- 
ment of that Almighty protection which has vouch- 
safed and granted them. 
The world must now sec that eight millions of 
people, inhabiting so extensive a territory, with such 
varied resources, and such numerous facilities for de- 
fence as the benignant bounty of nature has bestowed 
upon us, and animated with one spirit to encounter 
every privation and sacrifice of ease, of health, of 
property, of life itself, rather than be degraded from 
the condition of free and independent states into which 
they were born, can never be conquered. Will not our 
adversaries themselves begin to feel that humanity 
has bled long enough, that tears, and blood, and 
treasure enough have been expended in a bootless 
undertaking, covering their own land, no less than 
ours, with a pall of mourning, and exposing them, far 
more than ourselves, to the catastrophe of financial 
exhaustion and bankruptcy, not to speak of the loss 
of their liberties by the despotism engendered in an 
aggressive warfare upon the liberties of another and 
kindred people? Will they be willing, by a longer 
perseverance in a wanton and hopeless contest, to 
make this continent, which they so long boasted to be 
the chosen abode of liberty and self-government, of 
peace and a higher civilization, the theatre of the 
most causeless and prodigal effusion of blood which 
the world has ever seen, of a virtual relapse into the 
barbarism of the ruder ages, and of the destruction of 
constitutional freedom, by the lawlessness of usurped 
power? These are questions which our adversaries 
will decide for themselves. We desire to stand ac- 
quitted, before the tribunal of the world, as well as in 
the eyes of Omniscient justice, of any responsibility SUPPLEMENT. 
319 
for the origin or prolongation of a war as contrary to 
the spirit of the age as to the traditions and acknowl- 
edged maxims of the political system of America. On 
this continent, whatever opinions may have prevailed 
elsexvhere, it has ever been held and acknowledged by 
all parties, that government, to be lawful, must be 
founded on the consent of the governed. We were 
forced to dissolve our federal connection with our 
former associates by their aggressions on the funda- 
mental principles of our compact of union with them, 
and, in doing so, we exercised a right consecrated in 
the great charter of American liberty—the right of a 
free people, when a government proves destructive of 
the ends for which it was established, to recur to 
original principles, and to institute new guards for 
their security. 
The separate independenee of the states, as sover- 
eign and coequal members of the Federal Union, had 
never been surrendered, and the pretension of apply- 
ing to independent communities, so constituted and 
organized, the ordinary rules for coercing and reduc- 
ing rebellious subjects to obedience, was a solecism in 
terms as well as an outrage on the principles of public 
law. The war made upon the Confederate States was, 
therefore, wholly one of aggression ; on our side it has 
been strictly defensive. Born freemen, and the de- 
scendants of a gallant ancestry, we had no option but 
to stand up in defence of our invaded firesides, of our 
desecrated altars, of our violated liberties and birth- 
right, and of the prescriptive institutions which guard 
and protect them. Wo have not interfered, nor do we 
wish in any manner whatever to interfere, with the 
internal peace and prosperity of the states arrayed in 
hostility against us, or with the freest development of 
their destinies in any form of action or line of policy 
they may think proper to adopt for themselves. All 
we ask is a like immunity for ourselves, and to be left 
in the undisturbed enjoyment of those inalienable 
rights of “ life, libei’ty, and the pursuit of happiness” 
which our common ancestors declared to be the equal 
heritage of all parties to the social compact. Let them SUPPLEMENT. 
forbear aggressions upon us, and the war is at an end. 
If there bo questions which require adjustment by ne- 
gotiation, we have ever been willing, and are still 
willing, to enter into communication with our adver- 
saries in a spirit of peace, of equity, and manly 
frankness. Strong in the persuasion of the justice of 
our cause, in the gallant devotion of our citizen-soldiers 
and the whole body of our people, and, above all, in 
the gracious protection of Heaven, we are not afraid 
to avow a sincere desire for peace on terms consistent 
with our honor and the permanent security of our 
rights, and an earnest aspiration to see the world once 
more restored to the beneficent pursuits of industry 
and of mutual intercourse and exchanges so essential 
to its well-being, and which have been so gravely in- 
terrupted by the existence of this unnatural war in 
America. But if our adversaries, or those whom they 
have placed in authority, deaf to the voice of reason 
and justice, steeled against the dictates of both pru- 
dence and humanity, by a presumptuous and delusive 
confidence in their own numbers, or those of their 
black and foreign mercenaries, shall determine upon 
an indefinite prolongation of the contest, upon them 
be the responsibility of a decision so ruinous to them- 
selves, and so injurious to the interests and repose of 
mankind. For ourselves, we have no fear of the 
result. The wildest picture ever drawn of a disorder- 
ed imagination comes short of the extravagance which 
could dream of the conquest of eight millions of people 
resolved, with one mind, “ to die freemen rather than 
live slaves,” and forewarned by the savage and exter- 
minating spirit in which this war has been waged 
upon them, and by the mad avowals of its patrons and 
supporters of the worse than Egyptian bondage that 
awaits them in the event of their subjugation. 
With these declarations of our dispositions, our 
principles, and our purposes, vve commit our cause to 
the enlightened judgment of the world, to the sober 
reflections of our adversaries themselves, and to the 
solemn and righteous arbitrament of Heaven. NAVAL LAWS. 
I. Iron-clad vessels. 
II. Bounty. 
III. Invalid corps. 
IV. Small-stores. 
V. Provisional Navy. 
VI. Volunteer Navy. 
VII. Rations. 
VIII. Transportation. 
IX. Details. 
I.—IRON-CLAD VESSELS. 
761. Money contributed by ladies of South Carolina, appropriated to 
build iron-clad vessels at Charleston. 
761. That the sum of thirty thousand dollars be, 
and the same is hereby, appropriated, out of any 
money in the Treasury not otherwise appropriated, to 
be expended, under the direction of the Secretary of 
the Navy, in the construction of iron-clad vessels at 
Charleston, South Carolina—this amount having been 
contributed by the ladies of South Carolina for this 
object, and paid into the Treasury. 
May 19,1864. 
ch. 2. 
Appropria- 
tion of mo- 
ney contrib- 
uted by the 
ladies of 
South C aro- 
lina, to build 
iron-clad ves- 
sels at 
Charleston. 
II.—BOUNTY. 
762. Allowed to seamen, marines, and others. 
762. That the provisions of the third section of the 
act entitled “ An act to organize forces to serve during 
the war,” approved February seventeenth, eighteen 
hundred and sixty-four [128], be, and the same are 
hereby, extended to the warrant officers, pilots, sea- 
men, ordinary seamen, landsmen, and boys of the 
navy, and to the non-commissioned officers, musicians, 
and privates of the marine corps. 
June 7,1864. 
ch. 20. 
Bounty al- 
lowed to sea- 
men, ma- 
rines, etc. 322 
SUPPLEMENT. 
III.—INVALID CORPS. 
763. Sick or disabled seamen, marines, and others. Assignment to 
duty. 
June 7,1864. 
ch. 21. 
Sick or dis- 
abled sea- 
men, ma- 
rines, etc. 
Assignment 
to duty. 
763. That the act [311] entitled “ An act to provide 
an invalid corps,” approved February seventeenth, 
eighteen hundred and sixty-four, be extended to and 
held to embrace the ordinary seamen, landsmen, and 
boys of the navy, and the non-commissioned officers, 
musicians, and privates of the marine corps; and that 
assignments to duty of all officers, men, and boys of 
the navy and of the marine corps, under the fourth 
section of the said act, shall be made by the Secretary 
of the Navy. 
764. To be issued to enlisted men of the navy. 
IV.—SMALL-STORES. 
June 7, 1864. 
ch. 25. 
Small-s tores 
to enlisted 
men of the 
Navy. 
764. That the act [636] entitled “An act to regu- 
late the supplies of clothing to enlisted men of the 
navy during the war,” approved April thirtieth, 
eighteen hundred and sixty-three, be, and the same is 
hereby, amended so as to authorize the Secretary of 
the Navy to issue supplies of small-stores to the enlist- 
ed men of the navy, upon the same terms as provided 
for the clothing authorized by said act. 
V.—PROVISIONAL NAVY. 
765. Amendment of act to create a Provisional Navy. Appointment 
of commissioned officers. 
June 14.1864 
ch. 50. 
Amendment 
of “Act to 
create a Pro- 
visional 
navy. 
Appoint- 
ment of com- 
missioned 
officers. 
765. That in the first line of the fourth section [640] 
of the act entitled “ An act to create a Provisional 
Navy of the Confederate States/’ the word “ provi- 
sional ” shall be substituted for the word “ regular/’ so 
that the said fourth section shall read as follows : All 
commissioned officers of the Provisional Navy shall 
be appointed by tbe President, by and with the advice 
and consent of the Senate, whenever, in his judgment, SUPPLEMENT 
the public service requires their appointment, and in 
such numbers as he may think necessary, to the fol- 
lowing ranks and grades, viz : Admirals, vice-admirals, 
rear-admirals, commodores, and to such other ranks 
and grades as may exist in the Regular £1 avy. 
766. Resident foreigners and Marylanders allowed to volunteer in the 
service of the Volunteer Navy. Passports. 
VI.—VOLUNTEER NAVY. 
766. That the act [651] entitled “An act to amend 
L J 
‘An act to establish a Volunteer Navy/ ” passed 
51eventh February, eighteen hundred and sixty-four, 
be so amended as to allow persons to volunteer in the 
service of the Volunteer Navy: Provided, Such persons 
are resident foreigners or Marylanders; and the Presi- 
dent is hereby authorized to cause passports to' be 
issued to such persons as shall volunteer as aforesaid, 
and shall be accepted by the president of the company 
by which such vessel was fitted out, either within or 
beyond the Confederate States. 
Jnnew,i864 
ch. 49. 
ResidentVor- 
volunteer in 
ofthTvoiun- 
pTsspwts.’ 
VII.—RATIONS. 
[See 707 et seq., and 713.] 
VIII.—TRANSPORTATION. 
[See 711.] 
IX.—DETAILS. 
[See 714 et seq.] INDEX TO SUPPLEMENT. 
• A. 
Admirals—Appointments of, in the Provisional Navy 765 
Agents to receive and take proof of claims for forage, provisions, etc., fur- 
nished to the army by the owner, or taken or informally impressed... .739 
Agricultural products—Certain agricultural products of the year 1863 exempt 
from taxation 753 
Alabama—Military court in North Alabama... 736 
Alcoholic liqnors 702 et seq- 
Appointments—Of temporary general officers 687 
Of ensign for each battalion of infantry 723 
Of chemists and professional assistants for Nitre and Mining bureau 732 
Of additional officers of artillery for ordnance duties 720 
Of agents to receive and take proof of claims for forage, provisions, etc... .739 
Of commissioned officers of the Provisional Navy 765 
Of additional quartermasters and commissaries, of purchasing agents and 
transportation agents; so much of act of October 9, 1862, as authorizes.697 
Military courts to appoint their clerks and marshals ; repealed 737 
Of quartermaster for each state and congressional district for collection of 
the tax in kind 700 
In the corps composed of the general staff of the army 689 et aeq. 
Of general officer charged, under the direction of a commanding general, 
with the administration of his army 691 
Artillery—Appointments of additional officers for ordnance duties 720 
B. 
Battalions—Appointments of chaplains to 725 
Appointments of ensigns to ............ 723 
Bonds—Of additional military storekeepers of ordnance 727 
Of purchasing agents and transportation agents 697 
Bounty to warrant officers, pilots, seamen, etc., of the navy, and to non- 
commissioned officers, privates, and musicians of the marine corps... .762 
C. 
Cavalry—Commissaries allowed regiments of 701 
When officers or soldiers of the cavalry may be dismounted and placed in 
the infantry 721 
Horses of persons dismounted 722 
Chaplains to battalions and to general hospitals 725 
Chemists and professional assistants for Nitre and Mining bureau 732 
Claims for forage, provisions, etc., furnished to the army by the owner, or 
taken or informally impressed 739 INDEX TO SUPPLEMENT. 
Clerks—Disbursing clerk in the War department 759 
Commissaries allowed regiments of cavalry 701 
Additional commissaries for the Provisional Army 697 
Additional quartermasters and commissaries for the collection and distri- 
bution of railroad and field transportation and army supplies 697 
Commissary-General authorized to make contracts for the manufacture and dis- 
tillation of alcoholic and spirituous liquors 702 
Commissioners under act suspending privilege of writ of habeas corpus .. .741, 742 
Commodores may be appointed in the Provisional Navy 765 
Commutation—Commutation value fixed of rations of sick and wounded offi- 
cers and soldiers in hospitals 743 
Compensation—Of disbursing clerk in the War department 759 
Of officers of the army and navy travelling under orders 711 
Of additional military storekeepers of ordnance 726 
Of persons on detailed service 714, 715 
Of persons detailed to government contractors 716 
Of commissioners and their assistants under the act suspending the privi- 
lege of the writ of habeas corpus 741 
Of non-commissioned officers, privates, and musicians, increased 705 
Of general officers 706 
Of agents appointed to receive and take proof of claims for forage, pro- 
visions, etc 739 
Of persons detailed by the Secretary of War to fill the offices of marshal 
and clerk of military courts 737 
Pay and allowances of staff officers 691 et seq. 
Congress—When military commanders to furnish transportation in kind to 
members of Congress 712 
Conscripts beyond the military lines allowed to organize 717 
Contractors—Compensation of persons detailed to government contractors... .716 
Contract for the manufacture of alcoholic and spirituous liquors 702 
Contribution—The ladies of South Carolina to build an iron-clad gunboat 761 
Courts—See Military Courts 734 et seq. 
Crops—When crops subject to tax in kind are destroyed 748 
Where the corn reserved from the tax in kind is insufficient for the producer.749 
Products of gardens, and fruit for domestic use, not liable to tax 750 
D. 
Detailed service—Pay and allowances of non-commissioned officers, soldiers, 
sailors, and marines on detailed service 714, 715 
Compensation of persons detailed to government contractors 716 
Details of persons to till the offices of clerk and marshal of military courts 737 
Disbursing clerk in the War department -759 
Distilleries for alcoholic and spirituous liquors .703 
E. 
Ensigns—Appointment of, to each battalion of infantry 723 
Exempts—Members of certain denominations of Christians may be exempted 
from military service 718 
F. 
Forage for state officers commissioned to communicate with state troops 738 INDEX TO SUPPLEMENT. 
Foreigners—Resident foreigners allowed to volunteer in the service of the Vol- 
teer Navy 766 
Fruit raised for domestic use, not taxable 750 
; 
G. 
Gardens—Products of, intended for the use of the family of the owner, not tax- 
able 750 
General officers—Pay of 706 
General staff 689 et seq. 
II. 
Habeas corpus—Compensation of commissioners and assistants 741 
Powers of commissioners 742 
Horses of persons dismounted, taken for the use of the army 722 
Hospital fund 743 
Hospitals—Appointment of chaplains to general hospitals 725 
Commutation value of hospital rations fixed 743 
Sick and wounded officers in the naval and military service allowed hos- 
pital accommodations free of charge 713 
I. 
Infantry—Appointment of ensign for each battalion of infantry 723 
Invalid corps to include persons in navy and marine corps 763 
Assignment to duty to be made by the Secretary of the Navy 763 
L. 
Laborers—Employment of, for manufactories and distilleries of alcoholic liquors.703 
M. 
Manifesto of Congress in relation to the existing war with the United States..760 
Manufactories for alcoholic and spirituous liquors .703 
Marine corps—Bounty allowed to non-commissioned officers, musicians, and 
privates 762 
Non-commissioned officers, musicians, and privates may be retired or dis- 
charged from the service 763 
Marshals for military courts 737 
Marylanders allowed to volunteer in the service of the Volunteer Navy 766 
Mileage of agents appointed to receive and take proof of claims for forage, 
provisions, etc 739 
Military courts 734 et seq. 
Military hospitals 713-743 
Military service—Members of certain denominations of Christians may be ex- 
empted from.. ..1 718 
Conscripts beyond tho military lines allowed to organize 717 
Military storekeepers 726, 727 
Musicians—Pay increased 705 
N. 
Navy—See Volunteer Navy, 766. Provisional Navy 765 
Officers of, travelling under orders, allowed transportation and expenses... .711 
Bounty allowed to warrant officers, pilots, seamen, ordinary seamen, lands- 
men, and boys 762 INDEX TO SUPPLEMENT. 
Ordinary seamen, landsmen, and boys of the navy may be retired or dis- 
charged from the service 763 
Supplies of small-stores may be issued to enlisted men of the navy 764 
Sick and wounded officers in the naval service allowed hospital accommo- 
dations free of charge 713 
Nitre and Mining bureau—Of what officers to consist 731 
Chemists and professional assistants 732 
0. 
Officers—Temporary general officers 687, 688 
Of the army and navy travelling under orders 711 
When officers or soldiers of the cavalry may be dismounted and placed 
in the infantry 721 
When military officers to furnish transportation in kind to members of 
Congress 712 
Of the Nitre and Mining bureau 731 
Pay of general officers 706 
Additional officers of artillery for ordnance duties 720 
Disabled army officers may be appointed agents to take and receive proof 
of claims for forage, provisions, etc., furnished to the army or im- 
pressed 739 
Appointment of commissioned officers of the Provisional Navy 765 
Of additional quartermasters and commissaries ; of purchasing agents or * 
transportation agents 697 
Supernumerary officers. , 728 et seq. 
When the lowest grade of commissioned officers of a company, the position 
of senior second lieutenant and of first lieutenant, may be filled 730 
Sick and wounded officers of the army allowed transportation 713 
Sick and wounded officers in the naval and military service allowed hospi- 
tal accommodations and rations free of charge .... 713 
Ordnance duties—Additional officers of artillery for ordnance duties 720 
P. 
Passports to issue to such persons as volunteer in the Volunteer Navy 766 
Post quartermaster See Quartermasters. 
Privates—Pay increased .705 
Promotions in the corps composed of the general staff 689 
Provisional Navy 765 
Purchasing agents 697 
Q. 
Quartermasters—May be assigned to the duties of agents to take proof of 
claims for provisions, etc 739 
Additional quartermasters for the Provisional Army 697 
When additional assistant quartermasters not to be appointed 697 
President not required to appoint or keep in service regimental or battal- 
ion quartermasters 698 
Assignments of quartermasters 698 
When quartermasters may be dropped from the roll 699 
Quartermaster for each state and congressional district to execute duties 
in reference to the tax in kind 706 INDEX TO SUPPLEMENT. 
329 
R. 
Rank—Of officers iu the Provisional Navy 765 
Of staff officers 691 et seq. 
Rations—Allowed officers of the army and navy 707 et seq. 
Commutation value of hospital rations fixed 743 
Allowed sick and wounded officers in the naval and military service, in 
hospitals, free of charge 713 
Rear-admirals may be appointed in the Provisional Navy 765 
Sick and wounded—Commutation value of hospital rations fixed 743 
Hospital fund for the purchase of supplies for 743 
Sick and wounded officers of the army allowed transportation to their 
homes and back 713 
Sick and wounded officers in the naval and military service allowed hos- 
pital accommodations free of charge 713 
Slaves—Tax remitted on slaves lost to the owner by the get of the enemy 746 
Small-stores—Supplies of may be issued to enlisted men of the navy 764 
Soldiers—Increased pay of 705 
Spirituous liquors 702 et seq. 
Staff officers—General staff of the army 689 et seq. 
State agents commissioned to communicate with state troops allowed to pur- 
chase forage 738 
Supernumerary officers—Organization of companies, battalions, or regiments 
composed of supernumerary officers of the Provisional Army .. .728 et seq. 
Supplies of small-stores may be issued to enlisted men of the navy 764 
Surgeon-General authorized to make contracts for the manufacture and distil- 
lation of alcoholic and spirituous liquors 702 et seq- 
T. 
Taxes 744 et seq. 
Transportation—For officers of the army and navy travelling under orders ... .711 
To members and delegates going to or returning from Congress...f 712 
For sick and wounded officers of the army 712 
Transportation agents . 729 
U. 
United States—Manifesto of Congress in relation to the existing war with the 
United States 760 
V. 
Vacancies—Offices made vacant by the resignation of supernumerary officers.. .730 
When the lowest grade of commissioned officers of a company, the position 
of senior second lieutenant and first lieutenant may be filled 730 
Vessels—Certain money contributed by the ladies of South Carolina, appro- 
priated to the construction of iron-clad vessels at Charleston 761 
Vice-admirals may be appointed in the Provisional Navy 765 
Virginia—Ancient boundaries to be maintained 758 
Volunteer Navy—Resident foreigners or Marylanders allowed to volunteer ... .766 
W. 
War—Manifesto of Congress in relation to the existing war with the United 
States 760 
War department—Disbursing clerk to be appointed in 759 ERRATA 
On page 12, after the captions “ VII. Military Storekeepers,” “ XL Cavalry," 
and “ XII. Infantry,” strike out the words and figures enclosed in brackets. 
On page 158, foot note, for “ see 373,” read “ see 468.”