XXIII.--NAVY DEPARTMENT.
XXIV.--REGULAR NAVY. ---I. Officers.
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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 department.
Ibid, § 2. Duties of secretary.
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 appertaining to the navy as shall from time to time be assigned to him by the President.
Ibid, § 3. Chief and other
clerks to be appointed.
567. That said secretary shall be authorized to appoint a chief clerk, and such other clerks as may be found necessary, and be authorized by law.
March 8, 1861, § 1, ch. 31.
Chief clerk; his salary and duties.
Three other clerks and a messenger.
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 compensation 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 salary of
one thousand dollars per annum; and there shall
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be attached to said department
a messenger, whose annual compensation shall be five hundred dollars. *
Jan. 14, 1862 ch. 38. Two additional
clerks and a draughtsman.
569. That the Secretary 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, draughtsman,
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 salary 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 selected.
571. That the Secretary of the Navy be authorized to appoint two additional clerks, each with a salary of fifteen 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, hydrography, etc.
Officer of orders and details, court-martial
and courts of inquiry.
Surgeon to purchase medicines and
medical supplies.
Paymaster to make purchases of provisions,
etc.
Clerks.
572. The following officers shall be attached to the Navy department, to
wit: An officer, not below the grade of commander, who shall be 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 issue all 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 perform
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
See "Salaries" in Appendix.
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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.
See "Salaries" in Appendix.
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II. MARINE CORPS.
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. Temporary
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.
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 "Florida;" payment
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.
Masters, midshipmen, engineers,
and others, to be employed.
573. 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 commissioned 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,
midshipmen, engineers, naval constructors, boatswains, gunners,
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carpenters, sail-makers, and other
warrant and petty officers and seamen as he may deem necessary, not to
exceed in the aggregate three thousand.
Ibid, §2. Annual pay of:
574. The annual pay of said officers shall be as follows, viz:
Captains, when commanding squadrons, five thousand 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 commission, 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 commission, 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-service, 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.
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After he shall have seen nine years' sea-service, 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 hundred dollars.
When on other duty, one thousand one hundred dollars.
When on leave or waiting orders, eight hundred and twenty-five dollars.
Midshipmen.--Every midshipman at sea, five hundred and fifty dollars.
When on other duty, five hundred dollars.
When on leave or waiting orders, four hundred and fifty dollars.
Surgeons.--Every surgeon on duty at sea, for the first five years after the date of his commission as surgeon, two thousand two hundred dollars.
For the second five years after the date of his commission as surgeon, two thousand four hundred dollars.
For the third five years after the date of his commission as surgeon, two thousand six hundred dollars.
For the fourth five years after the date of his commission as surgeon, two thousand eight hundred dollars.
For twenty years' service and upward, after the
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date of his commission as surgeon,
three thousand dollars.
Fleet surgeons, three thousand three hundred dollars.
Every surgeon on other duty, for the first five years after the date of his commission as surgeon, two thousand dollars.
For the second five years after the date of his commission as surgeon, two thousand two hundred dollars.
For the third five years after the date of his commission as surgeon, two thousand four hundred dollars.
For the fourth five years after the date of his commission as surgeon, two thousand six hundred dollars.
For twenty years' service after the date of his commission as surgeon, two thousand eight hundred dollars.
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 commission as surgeon, one thousand eight hundred dollars.
For the third five years after the date of his commission as surgeon, one thousand nine hundred dollars.
For the fourth five years after the date of his commission as surgeon, two thousand one hundred dollars.
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 dollars.
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
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the first five years after the
date of his commission, two thousand dollars.
For the second five years after the date of his commission, two thousand four hundred dollars.
For the third five years after the date of his commission, two thousand six hundred dollars.
For the fourth five years after the date of his commission, 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 commission, two thousand one hundred dollars.
For the third five years after the date of his commission, two thousand four hundred dollars.
For the fourth five years after the date of his commission, 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 commission, one thousand six hundred dollars.
For the third five years after the date of his commission, one thousand eight hundred dollars.
For the fourth five years after the date of his commission, two thousand dollars.
For twenty years' service and upward, after the date of his commission, two thousand two hundred and fifty dollars.
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.
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April 21, 1862, § 5, ch. 68.
Salary of assistant paymaster increased.
576. The annual pay of assistant paymasters shall hereafter be, when on service afloat, twelve hundred dollars; on other duty, eleven hundred dollars.
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 commission, two thousand two hundred dollars.
For the third five years after the date of his commission, 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 commission, one thousand three hundred dollars.
For the third five years after the date of his commission, 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 thousand dollars.
When on leave or waiting orders, seven hundred and fifty dollars.
Every third assistant engineer on duty, seven hundred and fifty dollars.
When on leave or waiting orders, six hundred dollars.
Sept. 26, 1862, ch. 13. Pay of engineer-in-chief
and passed assistant surgeons.
578. That the annual pay of the engineer-in-chief of the navy, and passed
assistant surgeons, shall be as follows: Engineer-in-chief, three thousand
dollars; passed assistant surgeons, for service afloat, seventeen hundred
dollars; for shore or other duty, fifteen hundred dollars; when on leave
or waiting orders, twelve hundred dollars.
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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 thousand 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 thousand 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 years' sea-service and upward, one thousand dollars.
Appointment by the President during
recess of Congress.
That the commissioned officers hereinbefore provided for, and who shall
not be nominated before the adjournment of Congress, maybe appointed by
the
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President during the recess, to
hold their commissions until the next session of Congress.
Ibid, § 3. Mode of computing
length of service of officers formerly attached to U. S. Navy.
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 regarded as sea-service in the purview of said act but such as shall actually be performed at sea, and in vessels employed by authority of law.
March 16, 1861, ch. 62. Date of
commissions of officers formerly attached to U. S. Navy.
581. That in case officers who were formerly attached 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 relative position that they held in the former service.
May 20, 1861 § 1, ch. 32. Appointment
of officers formerly attached to U. S. Navy.
582. That the President be and he is hereby authorized to nominate, and by and with the advice and consent of Congress to appoint, all officers of the Navy of the United States, who have resigned or may hereafter resign their commissions on account of the secession 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 : Provided, however, That no officer shall be so appointed who may at any time have committed any act of hostility against the Confederate States or any one thereof.
April 11, 1863, ch. 17. Leave of
absence pay of officers resigned from U. S. service, and imprisoned.
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 imprisonment,
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and up to the time of their appointment
in the Navy and Marine corps of the Confederate States.
Appointments from civil life.
584. That the President be and he is hereby authorized to appoint the following officers of the navy, in addition to those heretofore authorized [573, 575], to wit: two captains, five commanders, fifty lieutenants, ten assistant paymasters, and thirty assistant surgeons; 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.
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 paymasters, twenty-two surgeons, fifteen past assistant surgeons, thirty assistant surgeons, one engineer-in-chief, and twelve engineers.
586. That the twelve engineers in the navy, authorized 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.
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 conferred shall be specified in the commission: Provided, That all officers below the grade of second lieutenant may be promoted more than one grade for the same service.
588. The warrant officers shall be as follows: twenty passed midshipmen,
one hundred and six acting midshipmen, fifty first assistant engineers,
one; hundred
* It should be ch. 68. See 585.
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and fifty second assistant engineers,
one hundred and fifty third assistant engineers, ten boatswains, twenty
gunners, six sail-makers, and twenty carpenters.
Ibid, § 4. Pay of additional
grades
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.
April 30, 1863, ch. 52. Pay of
master's-mates.
590. That from and after the passage of this act the pay of master's-mates in the navy shall be forty dollars per month.
April 30, 1863, ch. 53. Chief
constructor.
591. That the President be and he is hereby authorized, 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 annum, and who shall perform such duties as may be directed by the Secretary of the Navy.
Oct. 13, 1862 ch. 48 Naval storekeepers.
592. That the President be and he is hereby authorized 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.
May 20,1861 §2, ch. 32. Assignment
of officers.
593. That the President be authorized to assign officers of the navy to any duty connected with the defence of the country, and suitable to their rank, which he may deem proper.*
Dec. 24, 1861 § 1, ch. 19.
Temporary military rank and command.
594. That the President be and he is hereby authorized 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 restrictions, as he may deem proper.*
Ibid, §2. Rank in the navy
retained, and same pay, etc.
595. Any officer of the navy, on whom military rank and command shall be
conferred, in virtue of the foregoing
* Amended so as to apply to
marine corps. See 605.
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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 command had been conferred
on him. *
January 16, 1862, ch. 43. Appointment
to higher grade
596. That the President is authorized to appoint officers 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 ch. 21. Chaplains
for C. S. naval vessels.
597. That whenever any vessel of the Confederate States Navy shall be about to depart for any point beyond the limits of the Confederate States, the President 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. 50. Chaplains
for naval hospitals.
598. That the President may, in his discretion, appoint and assign to the naval hospitals in the Confederate States chaplains for service during the continuance 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. Rations,
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 communication therefor, as are now or may hereafter be allowed officers of the army, viz: To admirals, the same as generals; to vice-admirals, the same as lieutenant-generals; to rear-admirals, the same as major-generals; to commodores and captains, the same as generals and colonels; to commanders and first lieutenants, the same as lieutenant-colonels and majors; to second lieutenants and lieutenants for the war, the same as captains and chaplains; to masters and passed midshipmen, the same as lieutenants; and to officers 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 assimilated 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.
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commissary and quartermaster's
stores [238 et seq.] as are now, or may hereafter be, allowed to officers
of the army.
Pay.
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 company 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 infantry of the army [70, 75, 632], except that the ration of the enlisted marine shall be the ration allowed by law to seamen.
Ibid, §7. Duty of quartermaster.
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.
May 20,1861 § 1, ch. 31. Reorganization
of corps.
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 sergeant-major, one quartermaster-sergeant, ten captains, ten first lieutenants, twenty second lieutenants, forty sergeants, forty corporals, and eight hundred and forty privates, tell drummers, and ten fifers, and two musicians.
Ibid, § 2. Pay and emoluments
Rations.
604. The pay and emoluments of the officers and enlisted 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 adjutant 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.
* For pay of officers of marine
corps resigned from United States Marine corps, and who were arrested and
imprisoned in consequence thereof, 583.
For transfer of soldiers to marine
corps, see 630,631.
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The rations of enlisted marines
shall be the rations allowed bylaw to seamen. All acts inconsistent with
the provisions of this act are hereby repealed.
Feb. 5, 1862 ch 66. Assignment to
any duty connected with the public defence.
Temporary rank and command.
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 hundred 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 include officers of the marine corps.
April 10, 1862, § 1, ch. 23.
Term of enlistments.
606. That from and after the passage of this act enlistments 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. Appropriation for
bounty.
608. That for the purpose of carrying into effect the provisions of this act, the sum of forty thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated.
Sept. 24, 1862. ch. 9. Additional
non-commissioned officers 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 musicians allowed by the first section of the act of Congress 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].
April 30, 1863, ch. 56. Clerks to
commandant and quartermaster.
610. That the Secretary of the Navy be and he is hereby authorized to appoint
one clerk to the commandant of the marine corps, and one clerk to the
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quartermaster of the marine corps,
at a compensation not to exceed fifteen hundred dollars per annum each.
611. The pay of seamen of the navy shall be determined by the President, and may be altered by him from time to time as circumstances may require [632].
Dec. 10, 1861 ch. 8. Additional
number to be enlisted.
612. 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.
Jan. 16, 1862 ch. 42. Bounty.
613. That the Secretary of the Navy is hereby authorized 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.
April 2,1863 ch. 13. Certain seamen
continued in service.
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.
615. That the President be and he is hereby authorized 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.
* For authority to employ, see 573.
For transfer from army, 149, 150,
631.
** 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.
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March 15, 1861, ch. 45. Ten steam
gunboats for coast defence.
616. That the President be and he is hereby authorized 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 § 1, ch. 47.
Three additional for sea-coast defence.
617. That in addition to the gunboats heretofore authorized by law, the President be and he is here authorized, in his discretion, to cause to be constructed three others, specially adapted to sea-coast defence.
Ibid, § 2. Appropriation.
618. That the sum of four hundred and twenty thousand dollars be and the same is hereby appropriated 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 advisable, 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 gunboats, 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 amended as to authorize the Secretary of the Navy, in case he should deem it advisable, to contract for all supplies 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 contract 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 millions 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 redemption,"
approved August nineteenth, eighteen hundred and sixty-one, and by the
further supplemental act to the above cited act, approved December
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nineteenth, eighteen hundred and
sixty-one, to meet a contract made by the Secretary of the Navy 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.
Jan. 9, 1864 ch. 8. Substitution
of bonds for others cancelled abroad.
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.
May 21, 1861 § 2, ch. 50. Inventions.
623. That if any person who may have invented or may hereafter invent any now 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 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--reserving, however, to the government, in all cases, the right of using such invention.
April 22, 1863, § 1, ch. 37.
Steamer "Florida;" payment for.
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.
Ibid, § 2. Said sum to be paid
in eight per cent. bonds.
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 government, after five years--which
bonds the Secretary of the Treasury is authorized to issue.
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626. It shall be the duty of the Secretary of Navy to prepare and publish regulations for the general government of all persons connected with or employed 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 enacted 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 marines 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 authorized 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 § 1, ch. 24. Persons
subject to enrollment for military service 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 marine corps beyond the strength authorized by law.
Ibid. § 3. Duty of enrolling
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
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transmit to the Secretary of the
Navy a list of the persons so enrolled.
Ibid, § 3. Pay of sailors and
marines.
632. That from and after the passage of this act the pay of sailors and marines shall be increased four dollars per month.
April 4, 1863, ch. 15. Employment
of pilots.
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, on 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 27,1863, ch. 42. Site for
the preparation and safe-keeping of ordnance stores.
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 30,1863. ch. 54. ** Impressment
of supplies.
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. 55. Clothing
for enlisted men.
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, under such regulations as he may prescribe, at an advance of not
exceeding fifty per centum upon the prices at which such supplies were
furnished at the commencement of the war.
* "An act to regulate impressments" [428].
** TITLE: An act to amend an act entitled "An act to regulate impressments," approved March twenty-sixth, eighteen hundred and sixty-three [428].
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641. Assimilated rank.
642. Pay.
643. Laws and regulations.
May 1, 1863§ 1, ch. 85. Appointment
of officers.
637. There shall be a Provisional Navy of the Confederate States, the officers of which shall be appointed by the President, by and with the advice and consent of the Senate, and hold their commissions during the present war. All officers appointed from the Regular Navy shall have, at its formation, the same relative 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, ordinary 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 additional officers, and to employ such petty officers, seamen, ordinary seamen, landsmen, boys, firemen, and coal-heavers as he may deem necessary.
Ibid, § 3. Officers of Regular
Navy appointed to Provisional Navy.
639. When an officer of the Regular Navy is appointed to the Provisional Navy, such appointment shall not alter or affect his rank or position in the Regular Navy.
Ibid, § 4. Officers of Regular
Navy appointed to rank of admirals, vice-admirals, etc.
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 appointment, 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.
Ibid. § 5. Assimilated rank.
641. All questions in regard to the assimilated rank between officers of the Provisional Army and Provisional Navy, and between officers of the Regular Navy and Provisional Navy, shall be fixed by regulation.
Ibid, § 6. Pay.
642. Officers of the Provisional Navy shall be paid as follows: Admirals,
the same as is now fixed by law
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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 persons receive
in the Regular Navy.
Ibid, § 7. Laws and regulations.
643. All laws and regulations for the government of the Regular Navy shall
apply to the Provisional Navy.
Appointment of officers for the
war.
644. The Congress of the Confederate States of America 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 organized into a Volunteer Navy, and to appoint and commission 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.
Ibid, § 2. Vessels armed and
provided at the expense of persons applying for service.
645. Any person or persons applying for service under this act, shall arm,
man, provide, and furnish the vessel or vessels to be used at his or their
own expense, 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
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commissioned and warranted as officers,
with the evidence 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
President shall be authorized to receive such vessel or vessels 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 commissioned
officers.
Warrant officers.
Pay.
Uniform.
Descriptive list, shipping articles,
etc.
646. The grades of commissioned officers of the Volunteer Navy shall be as follows: Commander, first lieutenant, second lieutenant, assistant surgeon, and first and second assistant engineer. 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 second lieutenant, fifteen dollars per month; for an assistant surgeon, fifteen dollars per month; for an assistant engineer, fifteen dollars per month; for a second assistant engineer, ten dollars per month; for warrant officers, ten dollars per month; for seamen, five dollars per month; but such pay shall be given only for sea-service. And the President may prescribe a uniform 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 under the control and direction of the President, and subject to all the laws, rules, and regulations, of the Regular 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 between owners, officers, and crew, for the division of prize-money.
Ibid, § 4. Authority to capture
enemy's vessels and property.
Proceedings in cases of prize.
647. That the vessels of the Volunteer Navy are
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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 thereof; and ninety
per cent. of the value of all such captures, less the costs and expenses
of adjudication, shall be forfeited, and accrue to the benefit of the owners,
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
jurisdiction 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 Regular Navy.
Ibid, § 5.
Recaptures.
Salvage.
648. All vessels, goods, and effects, the property of any citizen of the Confederate States, or of any persons resident in 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 Forces of the United States of America, and recaptured by vessels commissioned under this act, shall be restored 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 jurisdiction. 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 capture and prize [660]
Ibid, § 6. Bounty for vessels
destroyed and for prisoners captured.
649. The owners, officers, and crews of vessels commissioned 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
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military or naval transport in
the 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 compensation
accruing under this section in the same manner and on the same principles
as hereinbefore provided in cases of prize and capture [659]. All questions
of relative or assimilated rank between the Regular and Volunteer Navy
shall be decided by the President.
Ibid. § 7. Ten per cent. of
prize and compensation money to be paid into the Treasury 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 maintenance 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, officers, 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 seq.], 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 Volunteer Navy said vessel, and her officers and crew, within or beyond the Confederate States.
Ibid, § 2. Assistant paymasters.
Who ineligible.
652. That the President be and he is hereby authorized 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.
Feb. 17, 1864 ch. 68. Not to apply
to certain persons sent abroad.
653. 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
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assistant paymaster, or for the
purpose of disbursing funds in the purchase or equipment of vessels.
654. Whereas the Plenipotentiaries of Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, 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,
Declaration of principles.
Be it resolved, by the Congress of the Confederate States of America, 1. That we maintain the right of privateering, 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 contraband of war, are not liable to capture under enemy's flag.
4. That blockades, in order to be binding, must be effectual--that is to
say, maintained by a force sufficient really to prevent access to the coast
of the enemy.
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 original
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 arrival
of vessels.
673. Penalty for violating the
foregoing provisions.
674. Violation of revenue laws.
675. Deduction of duties on captured
goods brought into the Confederate
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, § 1, ch. 3. Preamble.
655. Recognizing the existence of war between the United States and the Confederate States: and concerning letters of marque, prizes, and prize goods.
Whereas the earnest efforts made by this government to establish friendly
relations between the Government of the United States and the Confederate
States, and to settle all questions of disagreement between 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 commissioners appointed by this government
for the purposes aforesaid, or to listen to any proposals they had to make
for the peaceful solution of all causes of difficulty
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between the two governments: and
whereas the President of the United States of America has issued his proclamation
making requisition upon the estates of the American Union for seventy-five
thousand men for the purpose, as therein indicated, of capturing forts
and other strongholds within the jurisdiction 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 Missouri 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 hostilities and wanton aggression, which are plainly intended
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 Indian territory south of Kansas: Therefore,
Letters of marque and reprisal.
Enemy's property on neutral vessels.
U.S. vessels in ports of the Confederate
States.
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 of marque and
general reprisal,
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in such form as 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, however,
That property 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 Government
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.
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 be may at any time grant pursuant to this act.
Ibid, § 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 application, 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, § 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
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for the time being, shall give
bond * to the Confederate 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
instructions 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 committed contrary to the tenor thereof by such vessel during
her commission, and to deliver up the same when revoked by the President
of the Confederate States.
Ibid, § 5. Captures and prizes;
how distributed.
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 arid 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 agreement, then one moiety to the owners, and the other moiety to the officers and crew, as nearly as may be, according to the rules prescribed for the distribution of prize-money by the laws of the Confederate States.
Ibid, § 6. Recapture of vessels
belonging to Confederate States citizens.
Salvage.
660. That all vessels, goods, and effects, the property of any citizen
of the Confederate States, or of persons resident within 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 mutual agreement
of the parties concerned, or by the decree of all court having jurisdiction,
according to the nature of each case, agreeably to the provisions
See Appendix--"President's instructions
to private armed vessels."
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established by law. And such salvage
shall be distributed 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.
Ibid, § 7. Captured vessels
to be taken before the courts for condemnation, before breaking bulk.
District courts to have exclusive
original cognizance when brought within the Confederate States.
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 condemnation 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 Confederate States shall have exclusive original cognizance 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 restitution, 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.
Aug. 30, 1861 § 1, ch. 64.
Authority break bulk in certain cases.
662. That the seventh section of the first above recited act [661] be so
amended as to permit and authorize the breaking of bulk and the removal,
by the captors, 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
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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 until 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 compensation to
the magistrate as to the court may seem just and proper: And provided,
further, 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 provided in
the preceding clause, to a magistrate shall be required.
May 6, 1861 § 8, ch. 3. Persons
on board of captured or recaptured vessels.
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 Confederate 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 Confederate States, or of any state in or near such port, who shall take charge of their safe-keeping and support, at the expense of the Confederate States.
May 21, 1861 § 2, ch. 59. Unarmed
vessels; their officers, crews, and passengers.
664. That the eighth section [663] of the act entitled "An act recognizing
the existence of war between the United States and the Confederate States,
and concerning 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.
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May 6, 1861 § 9, ch. 3. Instructions.
665. That the President of the Confederate States is hereby authorized to establish and order suitable instructions * 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.
Bounty for prisoners captured.
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 commissioned 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 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 provided.
May 21, 1861 § 1, ch. 50. Payment,
in addition to bounty, of 20 per cent. on the value of every vessel of
war destroyed.
Valuation; how made.
667. That the tenth section of the above entitled act be so amended that,
in addition to the bounty therein mentioned, the Government of the Confederate
States will pay to the cruiser or cruisers of any private armed vessel
commission 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 destroyed
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.
See Appendix--"President's instructions to private armed vessels."
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May 21, 1861 § 3. ch. 59. Bounty
not allowed for prisoners in certain cases
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.
April 30, 1863, ch. 57. Evidence
to establish value of armed vessels and their armaments destroyed.
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 invested 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 21, 1862, ch. 71. Bounty for
destroying armed vessels by new inventions.
670. That the first section of the above entitled act [667] be so amended that, in case any person or persons shall invent or construct any new machine or engine, 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.
May 21, 1861 § 2, ch. 50. Inventions
of new kinds of armed vessels, etc.
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 specifications, 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, reserving, however, to the government, in all cases, the right of using such invention.
May 6, 1861 § 11, ch. 3. Journal
to be kept by the commander of every privateer.
Delivery of journal to collector
of customs.
Duty of collector on arrival of
vessel.
672. That the commanding officer of every vessel having a commission or
letters of marque and reprisal, during the present hostilities between
the Confederate
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States and the United States, shall
keep a regular journal, containing a true and exact account of his daily
proceedings and transactions with such vessels 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 remarks 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 passengers 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 designs; and such commanding officer shall,
immediately 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 proper 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 like nature which
shall have been obtained by the commander of such vessel, shall be delivered
up.
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Ibid, § 12. Penalty for violating
the foregoing violating the foregoing provisions.
673. That the commanders of vessels having letters of marque and reprisal as aforesaid, neglecting to keep a journal as aforesaid, or willfully making fraudulent entries therein, or obliterating the record of any material transaction contained therein, where the interest 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 Confederate States, and the other to the informer.
Ibid, § 13. Violation of revenue
laws
674. That the owners or commanders of vessels having letters of marque and reprisal as aforesaid, who shall violate any of the acts of Congress for the collection of the revenue of the Confederate States, and for the prevention of smuggling, shall forfeit the commission or letters of marque and reprisal, and they and the vessels owned or commanded by them shall be liable to all the penalties and forfeitures attaching to merchant vessels in like cases.
Ibid, § 14. Deduction of duties
on captured goods brought into the Confederate States.
675. That on all goods, wares, and merchandize captured, 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 deduction of thirty-three and one-third per cent. on the amount of duties imposed by law.
Ibid, § 15. Fund for support
of the widows and orphans of persons slain on board of privateers, and
for support of the disabled.
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 on the net amount of the salvage of vessels and cargoes recaptured
by private armed vessels of the Confederate States, shall be secured and
paid over to the 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
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States at which such captured or
recaptured vessels 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 maintenance 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 aforesaid, in any engagement with the enemy, to be assigned
and distributed in such manner as shall hereafter be provided by law.
May 14, 1861 § 1, ch. 18. Prizes
to sold at auction 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 passed by Congress recognizing the existence of war between 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 auction by the marshal of the district in which the same shall be condemned, within sixty days after the condemnation thereof--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 privateer which 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 certain cases by the marshal of the adjoining district.
678. That the first section [677] of the last above recited 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, and to enhance the value thereof, be sold
by the marshal of the adjoining district, and at such place therein as
he may designate:
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Provided, always, That the duties
upon all dutiable goods shall be paid from the proceeds of sale.
May 14. 1861 § 2 ch. 18. Distribution
of proceeds of sales.
679. That upon all duties, costs, and charges being paid according to law, the said marshal shall, on demand, deliver and pay over to the owner or owners of the privateer, or to the agent of such owner or owners 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 aforesaid, 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 owner or owners of the privateer to the officers and crew thereof.
Ibid, § 3. Marshal's commissions
680. That for the selling prize property and receiving 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 commissions of the
marshal exceed two hundred and fifty dollars.
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Ibid, § 4. Account of sales
to be filed.
681. That it shall be the duty of the marshal within 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 note taken on account thereof, which account shall be verified 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 hundred dollars for each omission or refusal as aforesaid, to be recovered in an action of debt by any person interested 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, § 5. Removal of prizes
before libel is filed
682. That the owner or owners of any private armed vessel or vessels, or their agent or agents, may at any time before a libel shall be filed against any captured 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 removal 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 name 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.
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Feb. 15, 1862 ch. 77. Relinquishment
of government claim for vessels captured by Captain Hollins and others.
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 cargoes captured in the Chesapeake bay and the Potomac river,
on or about the twenty-ninth day of June, eighteen 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 command --said prizes
having been made without the participation of any vessel of the Confederate
States or other government aid.
685. That the expenses of the marine hospitals in the Confederate States
be limited to the amounts received 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 therein
such seamen as the funds allowed by law for their support will enable them
to provide for.
Right to become naturalized, etc.
686. That the provisions of the above recited act [479] be and the same
are hereby extended to all persons, 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 prescribed may be administered by the captain or other
commanding officer of any national ship to all persons entitled to the
benefit of this act and attached thereto, and that
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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.)
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