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PUBLIC ACTS OF THE PROVISIONAL CONGRESS

OF THE

CONFEDERATE STATES.

Passed at the fifth session of the Provisional Congress, which was begun and held at the city of Richmond, on Monday, the eighteenth day of November, 1861, and ended on the eighteenth day of February, 1862.

JEFFERSON DAVIS, President. ALEXANDER H. STEPHENS, Vice-President of the Confederate States. HOWELL COBB, President of the Congress.

STATUTE V.

CHAP. I. An Act to admit the State of Missouri into the Confederacy, as a member of Nov. 28, 1861. the Confederate States of America.

The Congress of the Confederate States of America do enact, That the State of Missouri be, and is hereby, admitted as a member of the ted. 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.

APPROVED November 28, 1861.

Missouri admit

CHAP. II.-An Act to enable the State of Missouri to elect members of the House of Nov. 29, 1861.

Representatives.

to the House of

The Congress of the Confederate States of America do enact, as Election of memfollows: In case the State of Missouri shall adopt and ratify the Con- bers from Missouri stitution for the permanent government of the Confederate States of Representatives. 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 existing therein for the election of members of the House of Representatives in the Congress of the United States.

SEC. 2. The State of Missouri shall be entitled to elect thirteen members to the House of Representatives, the same being upon the basis

Number.

1861, Dec. 7.

io

of one member for every ninety thousand representative population, and one additional member for a fraction over one-half 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.

APPROVED November 29, 1861.

CHAP. III. An Act for the employment of laundresses in Military Hospitals. Employment of The Congress of the Confederate States of America do enact, That laundresses in superintendents of the different military hospitals be, and they are heremilitary hospitals. by, 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.

1861, Dec. 7.

Officers to affix

APPROVED December 7, 1861..

CHAP. IV.-An Act to authorize the appointment of one or more officers to aid the Presi dent to sign commissions in the army.

The Congress of the Confederate States of America do enact, That signature of the the President be, and he is hereby, authorized to delegate power to one missions in the or more officers, to be selected by him, to affix the signature of the President to commissions in the army.

President to com

army.

1861, Dec. 10.

Kentucky admitted.

1861, Dec. 10.

Appointment of

ry of War.

APPROVED December 7, 1861.

CHAP. V.—An Act for the admission of the State of Kentucky into the Confederate States of America, as a member thereof.

The Congress of the Confederate States of America do enact, That the State of Kentucky be, and is hereby, admitted a member of the Confederate States of America, on an equal footing with the other States of this Confederacy.

APPROVED December 10, 1861.

CHAP. VI. An Act to authorize the Secretary of War to appoint an Assistant. The Congress of the Confederate States of America do enact, That, Assistant Secreta- 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 by the Compensation. Secretary, and receive as compensation for his services three thousand dollars per annum.

His duties.

1861, Dec. 10.

Chief bugler or

APPROVED December 10, 1861.

CHAP. VII.--An Act to authorize the appointment of chief buglers and principal musicians to regiments in the provisional army.

The Congress of the Confederate States of America do enact, That principal musician the President be, and he is hereby, authorized to appoint a chief for each regiment. bugler or principal musician, according to corps, to each regiment in the provisional army.

APPROVED December 10, 1861.

CHAP. VIII. An Act to authorize the enlistment of additional seamen,"

The Congress of the Confederate States of America do enact, That the President be authorized to enlist for the war any additional number of seamen, not to exceed 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.

APPROVED December 10, 1861.

1861, Dec. 10.

Enlistment of additional seamen for the war.

Maximum.

CRAP. IX.-An Act providing for the granting of bounty and furloughs to privates and 1861, Dec. 11. non-commissioned officers in the provisional army..

cians and non

The Congress of the Confederate States of America do enact, That Bounty granted a bounty of fifty dollars be, and the same is hereby, granted to all pri- to privates, musivates, musicians and non-commissioned officers in the provisional army, commissioned offiwho shall serve continuously for three years or for the war, to be paid cers. at the following times, to wit: To all now in the service for twelve Times of paymonths, to be paid at the time of volunteering or enlisting, for the next ment. 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 expiration of their first year's service. To all who may hereafter volunteer or enlist for three years or for the war, to be paid at the time of entry into service.

granted to twelve months men,

When to be

SEC. 2 And be it further enacted, That furloughs not exceeding Furloughs with sixty days, with transportation home and back, shall be granted to all transportation twelve months men now in the 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 issued. compatible with the public interest; the length of each furlough being Length of furregulated with reference to the distance of each volunteer from his lough." home: Provided: That in lieu of a furlough, the commutation value in What may be money of the transportation herein above granted, shall be paid to each received in lieu of furlough. private, musician or non-commissioned officer, who may elect to receive it, at such time as the furlough itself would otherwise be granted.

To what troops

SEC. 3. 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, this act to apply. 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.

Re-organization

service.

SEC. 4. And be it further enacted, That all troops re-volunteering or re-enlisting shall, at the expiration of their present term of service, of troops re-volunteering or re-enhave the power to re-organize themselves into companies and elect their listing at the excompany officers, and said companies shall have the power to organize piration of their themselves into battalions or regiments and elect their field officers; present term of and after the first election, all vacancies shall be filled by promotion Vacancies filled from the company, battalion or regiment in which such vacancies may by promotion. occur: Provided, That whenever a vacancy shall occur, whether by In the lowest promotion or otherwise, in the lowest grade of commissioned officers of grade of commisa company, said vacancy shall always be filled by election: And pro- filled by election. vided further, That in the case of troops which have been regularly Officers of cerenlisted into the service of any particular State prior to the formation tain State troops of the Confederacy, and which have by such State been turned over to c. S., appointed, the Confederate government, the officers shall not be elected, but ap- &c., as heretofore.

sioned officers

turned over to the

appointed and promoted in the same manner and by the same authority
as they have heretofore been appointed and promoted.

APPROVED December 11, 1861.

1861, Dec. 12.

Tennessee divid

cial districts.

CHAP. X.-An Act to divide the State of Tennessee into three Judicial Districts.

The Congress of the Confederate States of America do enact, That ed into three judi- the State of Tenessee shall constitute three judicial districts, to be denominated the eastern, middle and western districts, the territorial boundaries in which shall be the same as those designated by the laws of the United States, before the separation of said State from the Union.

One district

whole State.

SEC. 2. There shall be, as heretofore, one district judge for the whole judge for the State, whose duty it shall be to hold two terms of his court every To hold two year, in each of said divisions or districts, at the times and places preterms in each dis- scribed by law at the time the State withdrew from the United States. SEC. 3. It shall be the duty of the President of the Confederate Marshal and States to appoint a marshal and attorney for each of said districts.

trict.

attorney for each district.

APPROVED December 12, 1861.

1861, Dec. 18. CHAP. XI.—An Act to provide for the payment of the carriers of the electoral votes of the respective States of the Confederacy.

Mileage and pay

electoral votes.

The Congress of the Confederate States of America do enact, That allowed carriers of mileage, at the rate of ten cents a mile and eight dollars per diem, to be computed for the number of days actually required by the ordinary routes of travel to and from the capitals of the respective States to the capital of the Confederacy, be, and are hereby, allowed to the carriers of the electoral votes to the seat of government.

APPROVED December 18, 1861.

1861, Dec. 18.

Transfer of cer

tions.

CHAP. XII.-An Act providing for the transfer of certain appropriations.

The Congress of the Confederate States of America do enact, That tain appropria- all sums remaining unexpended out of the appropriations made by the following acts, to-wit: First, "An act making appropriations for the support of the regular army of the Confederate States of America, for 1861, March 11. twelve months, and for other purposes," approved March eleventh, eighteen hundred and sixty-one; Second, "An act making appropriations in addition to those already made for the military service of the Confederate States of America, for the fiscal year ending the eighteenth day of February, one thousand eight hundred and sixty-two," approved 1961, May 21. May twenty-first, eighteen hundred and sixty-one, be, and the same are hereby, ordered to be transferred for distribution and expenditure in the manner provided in the second section of an act entitled "An act making appropriations for the public defence," approved on the twenty

1881, Aug. 21. first day of August, eighteen hundred and sixty-one.

APPROVED December 18, 1861.

1

CHAP. XIII-An Act to establish the date from which the commissions of certain staff 1861, Dec. 18. officers shall take effect.

Rank and pay

termasters and

The Congress of the Confederate States of America do enact, That all surgons, assistant surgeons, quartermasters, commissaries and assistant of surgeons, quarquartermasters and commissaries, appointed and commissioned in the commissaries who provisional army, and who may have commenced their service before commence i service receiving their commissions, shall be entitled to take rank and receive before receiving pay from the date when they actually cemmenced to perform their respective duties, with troops in the service of the Confederacy. APPROVED December 18, 1861.

CHAP. XIV. An Act further suplementary to an act to authorize the issue of treasury notes, and to provide a war tax for their redemption.

The Congress of the Confederate States of America do enact, That the Secretary of the Treasury is hereby authorized to pay over to the several banks, which have made advances to the government, in anticipation of the issue of treasury notes, a sufficient amount, not exceeding ten millions of dollars, for the principal, of treasury notes to pay the principal and interest due upon the said advance, according to the engagements made with them.

their commissions.

1861, Dec. 19.

Payment to the banks of advances

made by them to the government.

delivery and return

Secretary of the

Act 1861, Aug. 19, 8 4. Cash on hand or

to assessment and

The term "mer

SEC. 2. The time fixed by the said act, to which this act is further Time for maksupplementary, for making assessments, is hereby extended to the firsting assessments. day of January next; and the time for the completion and delivery of lists. of the lists is extended to the first day of February next; and the time for the return of the said lists to the Chief Collector is extended to Treasury may the first day of March next; and in cases where the time thus fixed make further exshall be found insufficient, the Secretary of the Treasury shall have tension, power to make further extension as circumstances may require. SEC. 3. The cash on hand, or on deposit in bank, or elsewhere, mentioned in the fourth section of said act, is hereby declared to be subject on deposit, subj, et to assessment and taxation: and the money at interest, or invested by taxation. individuals in the purchase of bills, notes, and other securities for Securities for money shall be deemed to include securities for money belonging money b longing to non-residents. to non-residents, and such securities shall be returned, and the tax taxed. thereon paid by any agent or trustee having the same in possession Agent or trustee or under his control. The term "merchandize" shall be construed to pay the tax. to include merchandize belonging to any non-resident, and the chandise, how property shall be returned, and the tax paid by any person having the construed. same in possession as agent, attorney, or consignee: Provided, That How the worda the words "money at interest," as used in the act to which this act is an amendment, shall be so construed as to include all notes, or other strued. evidences of debt, bearing interest without reference to the considera- Agricultural tion of the same. The exception allowed by the twentieth section for products exempted agricultural products shall be construed to embrace such products only when in the ban when in the hands of the producer, or held for his account. But no of the producer or tax shall be assessed or levied on any money at interest when the note, bond, bill or other security taken for its payment shall be worthless No tax on notes, from the insolvency and total inability to pay of the payor or obligor, or bonds, &c, when person liable to make such payment; and all securities for money taxable payer or obligor is under this act shall be assessed according to their value, and the assessor Securities for shall have the same power to ascertain the value of such securities as money to be asthe law confers upon him with respect to other property. sessed according to their value. SEC. 4. That an amount of money not exceeding twenty-five thousand Appropriation to dollars, shall be, and the same is hereby, appropriated, out of any money the Chief State Taz

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