Unknown, March 5, 1864

No. 29. Richmond, March 5, 1864.

I. The following acts of Congress are published for the information of the Army:

AN ACT to prevent the procuring, aiding, and assisting persons to desert from the Army of the Confederate States, and for other purposes.

The Congress of the Confederate States of America do enact, 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 Confederate States to desert; or who shall aid or assist any deserter from the Army, or any person enrolled for service, to evade their proper commanders, or to prevent their arrest to be returned to the service; or who shall knowingly conceal or harbor any such deserter ; or shall purchase from any soldier or person enrolled for service any portion of his arms, equipments, 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 offense, be fined not exceeding one thousand dollars, and be imprisoned not exceeding two years.

Approved January 22, 1864.

(2.) AN ACT to aid any State in communicating with, and perfecting records concerning its troops.

The Congress of the Confederate States of America do enact, 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 commissioned according to the law of said State, to communicate 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 service of the Confederate States, and according to the regulations which govern them: Provided, Such supplies shall not exceed those which a colonel of the Confederate States is allowed to purchase: Provided, That these agents shall be charged with the duty of obtaining from the officers in command of companies, final statements of deceased soldiers, to be filed in the Second Auditor’s Office, to facilitate the settlement of such claims. Approved February 16, 1864.

(4.) AN ACT creating the office of ensign in the Army of the Confederate States.

The Congress of the hc, era States of America do enact, That there shall be appointed by the President, to each regiment of infantry in the Army of the Confederate States an officer to be known as ensign, with the rank, pay and allowances of a first lieutenant, whose duty it shall be to bear the colors of the regiment, but without ~ight to command in the field.

Approved February 17, 1864.

AN ACT to authorize the promotion of officers, non-commissioned officers and privates for distinguished skill or valor.

The Congress of the Confederate States of America do enact, That the President is hereby authorized upon the recommendation of the general commanding a department or a separate army in the field, to fill any vacancy in the commissioned officers of a regiment or battalion, by the promotion to the same, by and with the advice and consent of the Senate, of any officer, non-commissioned officer or private who may have distinguished himself by exhibiting peculiar valor or skill on the battle-field: Provided, That the officer, non-commissioned officer or private so recommended and nominated for promotion, shall belong to the regiment or battalion in which the vacancy may have occurred.

Sec. 2. All acts and parts of acts in conflict with the above provisions are hereby repealed.

Approved February 17, 1864.

AN ACT to amend the act entitled ”An act to provide and organize engineer troops to serve during the war,” approved twentieth March, eighteen hundred and sixty-three.

The Congress of the Confederate States of America do enact, That the aboverecited act be so amended that there shall be allowed to each regiment of engineer troops two quartermaster-sergeants.

Approved February 17, 1864.

AN ACT to amend the acts of April first, eighteen hundred and sixty-two, and September twentythird, eighteen hundred and sixty-two.

The Congress of the Confederate States of America do enact, That the acts approved twenty-first April, eighteen hundred and sixty-two, and twenty-third September, eighteen hundred and sixty-two, 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 hereby, 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, thirtyfive first lieutenants, and twenty-five second lieutenants.

* Relates to the sustenance of prisoners of war, and is published in Series II,

Sec. 2. There may be appointed six military store-keepers, with the pay and allowances of captain of infantry, 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 store-keepers shall be appointed {rom persons who are disqualified for active service by reason of wounds received in the military service, or disease contracted whilst in the Army, or from persons over forty-five years of age.

Approved February 17, 1864.

AN ACT to amend an act entitled ”An act to provide and organize engineer troops to serve during the war,” approved March twentieth, one thousand eight hundred and sixty-three.

The Congress of the Confederate States of America do enact, That an act “to provide and organize engineer troops to serve during the war,” approved twentieth March, one thousand eight hundred and sixty-three, 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.

Sec. 2. That each company shall consist of eight sergeants, seven corporals, forty artificers and forty-five laborers, and that two musicians may be added.

Src. 3. That the commissioned officers of each company shall consist of one captain, one first lieutenant and two second lieutenants; and that the original vacancies in these companies shall be filled by 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 qualifications 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.

Sec. 4. 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 lieutenant-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 section of this act.

Src. 5. Thatin each regiment two of the companies shall be assigned to duty as pontoniers, and each be furnished with a bridge train complete.

Src. 6. That the officer in charge of the Engineer Bureau, subject to the approval of the Secretary of War, shall prescribe the number, form, and dimensions of the wagons, pontoons, trestles, tools, implements, arms and other necessaries for all the troops organized by this act.

Src. 7. That vacancies in the established regiments to and including the rank of captain, shall be filled by promotion regimentally, according to seniority, except in case of disability or other incompetency. The field officers shall be appointed by selections 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.

Sec. 8. 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 dollars; of a first lieutenant, one hundred dollars; of a second lieutenant, ninety dollars; and the adjutant shall receive ten dollars per month in addition to his pay as lieutenant.

Src. 9. That the pay of the enlisted men per month shall be as follows: The sergeant-major and quartermaster-seageant, each thirty-four dollars; sergeants, thirty-four dollars; corporals, twenty dollars; artificers, seventeen dollars; laborers and musicians, thirteen dollars.

Sc. 10. The mounted engineer troops may be selected from the cavalry, and be organized according to the provisions of this act, for engineer troops, as hereinbefore specified.

Sec. 11. Officers of the Engineer Corps and of the engineer 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 prejudiced thereby.

Approved February 17, 1864.

(9.) AN ACT to amend the Sixty-fifth Article of War.

T he Congress of the Confederate States of America do enact, That the Sixty-fifth Article of War be so amended as to read as follows: Articlesixty-five. 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 department, may appoint general 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 ordering 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 disapproval 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.

Approved February 17, 1864.

AN ACT toamend an act entitled ”An act to organize military courts to attend the Army of the Confederate States in the field, and to define the puwers of said courts.”

The Congress of the Confederate States of America do enact, That the act entitled ”An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts,” 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 year from the passage of this act, unless longer continued by Congress.

Approved February 13, 1864.

(11.) AN ACT to authorize the President to establish additional military courts.

The Congress of the Confederate States of America do enact, 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 interest ; which courts shall be organized, and have the same powers and duties, and the members thereof appointed as provided by law.

Approved February 16, 1864.

AN ACT to amend an act entitled ‘An act to organize military courts to attend the Army of the Confederate States in the field, and to detine the powers of said courts,” approved October ninth, eighteen hundred and sixty-two.

The Congress of the Confederate States of America do enact, That when two or more army corps are united in the same army, charges shall be referred to said courts, and their proceedings be subject to review by the army commander, as in the case of general courts-martial; and that the jurisdiction of each of said courts shall extend to any person connected with the army of which the corps to which the court is attached may be a part, without being limited to members of the particular corps to which said court may be attached.

Sec. 2, That when the corps to which any military court may be attached shall, from any cause, cease to exist as such, the Secretary of War shall assign the members and officers of such court to any other unsupplied corps, or other subdivision of any of the armies of the Confederate States, where a military court may be needed; and exchanges and transfers of individual members and officers from any one court to another, may be made by the Secretary of War, on application of the parties concerned; the consent of the commander or commanders of the army or armies to which the particular courts may belong having been first obtained to such exchange or transfer.

Src. 3. That the fourth section of the act of which this is amendatory be, and the same is hereby, so amended as to extend the jurisdicton of the military courts to all offenders below the grade of lieutenant-general.

Approved February 17, 1864.

(13.) AN ACT to confer additional powers upon courts-martial and military courts.

The Congress of the Confederate States of America do enact, That any military court or court-martial convened within the Army of the Confederate States shall have power to summon as a witness before it any citizen of the State in which said court may, at the time, hold its session; and any citizen disobeying said summons, upon information given thereof by the judge-advocate of said military court or court-martial to the judge of the district court of the Confederate States for the district in which said citizen may reside, shall be subject tothe same penalties as for disobedience of an order of said district court; or, on application of the judge-advocate, such citizen witness may, by military force, be arrested and brought before said military court or court-martial

by order of the