« 이전계속 »
CHAP. LXXVII.-An Act to relinquish any claim on the part of the government to any
share in certain prizes.
Feb. 15, 1862.
The Congress of the Confederate States of America do enact, That Relinquishment the government of the Confederate States do hereby relinquish all claim on the part of the to any portion of the proceeds of the sale of certain vessels and their share in certain cargoes captured in the Chesapeake bay and Potomac river, on or about vossols, &c., taken the twenty-ninth day of June, eighteen hundred and sixty-one, by George
in the Chesapeake M. Hollins, Captain in the Confederate States navy, and certain officers of bay by Capı. Holthe navy, and priv. te citizens under his command; said prizes having been made without the participation of any vessel of the Confederate States or other government aid.
APPROVED February 15, 1862.
Cuap. LXXVIII.-An Act to fix the rank of certain officers.
Feb. 15, 1862.
The Congress of the Confederate States of America do enact, That
Rank of comthe rank of commissioned officers of regiments, battalions, squadrons and
who continue in companies, who continue in service by re-election in regiments, battalions, service by re-elecsquadrons or companies, organized of troops re-enlisting under the act tion to date from providing for the granting of bounty and furloughs to privates and non-the time of their
original election or commissioned officers in the provisional army, approved December eleventh, appointment. eighteen hundred and sixty-one, and the act supplemental thereto, approved 1861, Dec. 11. February third, eighteen hundred and sixty-two, or under the act to pro- 1862, Feb. 3. vide for the recruiting companies now in the service of the Confederate States for twelve months, approved January twenty-ninth, eighteen hundred 1862, Jan. 29. and sixty-two, shall date from the time of their orginal election or appoint- Proviso. ment: Provided, Such officers shall be re-elected or appointed to offices of the same grade in the same corps.
APPROVED February 15, 1862.
Caap. LXXIX.-An Act to establish judicial courts in certain Indian Territories.
Feb. 15, 1862.
tain Indian Terri. tories.
The Congress of the Confederate States of America do enact, That Judicial courts in order to secure the due enforcement of so much of the laws of the Con-established in corfederate States in regard to criminal offences or misdemeanors, and to civil remedies, as is, or may be, in force within the Indian country west west of Missouri and Arkansas, south of Kansas and north of Red river, the country owned and occupied by the Cherokee Nation, as the boundaries of the same District of Cha.
lah-ki, are defined by treaty between that nation and the Confederate States, is hereby erected into and constituted a judicial district of the Confederate States, for the special purposes and with the jurisdiction in this act and in existing laws and the treaty aforesaid provided, to be called and known as the district of Cha-lah-ki; and the whole country owned and occupied by District of Tushthe Choctaw and Chickasaw Nations, as the boundaries of the same are ca-hom-ma. defined by treaty between these nations and the Confederate States, including the country west of the ninety-eighth degree of west longitude, leased by said nations to the Confederate States, is hereby erected into and constituted a judicial district of the Confederate States, for the special purposes and with the jurisdiction in this act and in existing laws, and the treaty aforesaid provided, to be called and known as the Tush-ca-hom-ma district.
Sec. 2. And be it further enacted, That all the country owned and pos- Certain territory sessed by the Creek Nation, or Muskoki Confederation, all that country
to constitute an in
tegral part of the owned and possessed by the Seminole Nation, all that country occupied Cha-lab-kijudicial and held by the Great and Little Osage Tribes of Indians, and all that district.
country occupied by the Quapaws, the Seneca Tribe, formerly known as the Senecas of the Sandusky, and the Senecas and Shawnees, formerly known as the Senecas and Shawnees of Louistown, as the said countries are described and their limits defined in the treaties with the said several nations, tribes and bands of Indians, are hereby annexed to, and shall, for all the purposes of this act, constitute and continue an integral part of the Cha.
lah-ki judicial district hereby established. Jurisdiction of Sec. 3. And be it further enacted, That the jurisdiction of each court the court co-exten- hereinafter created shall be co-extensive with the limits of the district for sive with the limits which it is created, as such district is hereinafter defined. of the district. District court to
Sec. 4. And be it further enacted, That in each of the said two districts be held semi-an- there is hereby created, and shall hereafter be held, semi-annually, a district nually in each dis- court of the Confederate States, with such jurisdiction in such matters, trict.
civil and criminal, to such extent and between such parties as is hereinafter
provided. Appointment of Sec. 5. And be it further enacted, That there shall be appointed by the judges.
President of the Confederate States, by and with the advice and consent of the Senate or the Provisional Congress, one judge of the district courts of
the Confederate States for the said Cha-lah-ki and Tush-ca-hom-ma districts, Where to reside. who shall reside permanently in one or the other of said districts, and hold
Term of office. chis office during the term of four years; and there shall also be appointed marshals and at- one marshal and one attorney for each of said districts, all of whom shall torneys. Term of hold their offices during the term of four years, and reside permanently in office. Residence. their respective districts. Fees and salary
Sec. 6. And be it further enacted, That the attorneys shall receive the of attorneys. same fees and salary as are now allowed to the district attorneys for the Fees of marshals. western district of Arkansas; and the marshals shall each be entitled to
the same fees as are now allowed to the marshal for the western
district of Arkansas; and each such marshal shall also, in addition, be paid Compensation for two hundred and fifty dollars annually, as a compensation for extra extra services. services.
Judges to ap: Sec 7. And be it further enacted, That the district judge for the Cahpoint clerks and Jah-ki and Tush-ca-hom-ma districts shall appoint a clerk and may also be interpreters.
interpreter for each Indian language spoken in the district, for each of the Clerk to act as district courts over which he presides. Each of said clerks shall also be register in chance the register in chancery, shall hold his office during the pleasure of the Where clerks office court, shall keep his office at the place where the court is held, shall receive to be kept. the same fees and compensation as are now allowed by law to the clerk of
Fees and com- the district court for the western district of Arkansas, and shall be qualified pensation.
in like manner, and perform like duties as the clerks of other district courts Duties.
Pay of interpre- of the Confedesate States. Each interpreter shall be employed during the ters.
pleasure of the court, and paid such compensation as the judge shall fix, Qualification and not exceeding three dollars per day, for each day of the session. The bond of marshals
. marshals shall give bond and be qualified like the marshals of the ConfedMarsbals, clerks erate States in other districts; and the marshals, clerks and interpreters and interpreters to shall be selected from among the citizens of the Choctaw or Chickasaw among the citizens, and Cherokee nations, respectively.
Where district Sec. 8. And be it further enacted, That the district court for the Tushcourts to be held. ca-bom-ma district shall be held at Boggy depot in the Choctaw Nation;
and that the district court for the Cha-lab-ki district shall be held at Tah. lequah, in the Cherokee Nation, or at the seat of government of the Cherokee Nation, whenever that shall be removed from Tahlequah to any other
point or place. Terms of court; Sec. 9. And be it further enacted, That the terms of said district court when to be bolden. for
the district of Cha-lah-ki shall be holden on the first Mondays of March
and September; and the said district court for the district of Tush-ca-homma, shall be bolden on the third Mondays of April and October in each and every year.
Sec. 10. And be it further enacted, That in all criminal trials in said Trial by jury. district courts, and in all suits therein at common law, the right of trial by Prosecutions for jury shall remain inviolate; and prosecutions for all offences hereby made offences comcognizable in said district courts, shall be commenced by presentment or sentment or indiceindictment of a grand jury. Sec. 11. And be it further enacted, That each of the said district courts
diction. shall have, possess and exercise criminal jurisdiction, co-extensive with the limits of the district, to try and punish persons guilty of any offence against the laws of the Confederate States, in force within the district, the punishment whereof, when there committed, is provided for by law, or treaty of the Confederate States; and to enforce the execntion of all laws of the Confederate States, declared to be in force in the Indian country, or within the limits of an agency reserve, or of the forts or military posts therein. And the said district courts shall respectively have jurisdiction to try, condemn and punish offenders against any of such laws or treaties, to adjudge and pronounce sentence, and cause execution thereof to be done, in the same manner as is done in other district courts of the Confederate States; to which end each of said district courts shall possess the powers heretofore possessed by circuit courts of the United States, so far as the same shall be necessary to carry out the provisions of this act, or of the treaties with the several Indian nations, tribes and bands.
Sec. 12. And be it further enacted, That each of said district courts Admiralty juris. shall have the same admiralty jurisdiction as other district courts of the diction. Confederate States, against persons residing, or vessels and other subjects of admiralty jurisdiction found within the district; and in all civil suits at Jurisdiction in law or in equity, where the matter in controversy is of greater value than civil cases. five hundred dollars, between a citizen or citizens of any State or States of the Confederate States, or of any Territory or Province of the same, or an alien or aliens, and a citizen or citizens of the district, or a person or persons residing therein; which jurisdiction shall be exercised in such manner and with like pleadings and process, as in other district courts of the Con- Pleadings and federate States.
process. Sec. 13. And be it further enacted, That the said district courts for the No jurisdiction districts of Tush-ca-hom-ma and Cha-lab-ki, respectively, shall have no over offences comjurisdiction to try and punish any person for any offence committed prior action accrued to the 12th day of July, in the year of our Lord one thousand eight hun-prior to certain dred and sixty-one, in the said Tush-ca-hom-ma district; or prior to the periods. seventh day of October, in the same year, in the Cha-lah-ki district, as hereby constituted; nor shall any action in law or equity be maintained in the said district court of Tush-ca-hom-ma district where the cause of action accrued before the twelfth day of July, in the year of our Lord one thousand eight hundred and fifty-eight; and in the said district court of the Cha-lab-ki district, where the cause of action accrued before the seventh day of October, in the year of our Lord one thousand eight hundred and sixty-one ; except where the action is brought by the Confederate States, Exception. or by a State of the Confederacy, for its or their own rise and benefits.
Sec. 14. And be it further enacted, That each of the said district courts Further jurieshall have jurisdiction in all civil suits instituted by the Confederate States, diction in civil or by one or more States of the Confederacy, against any person or persons, whether white men or Indians, residing or found within the district; and Practice in civil in all civil suits the same practice shall govern, the same proceedings be cages. had in all respects, before and after judgment or decree, and the same costs Costs. be adjudged, and be in the same manner collected, as now in the district court of the Confederate States for the Western District of Arkansas; and
Forms of process. the forms of all original, mesne, and final process shall be the saine as are
now used in that court. Proceedings to See. 15. And be it further enacted, That all the proceedings in said courts be in the English shall be had and recorded in the English language; and no person shall language. Who competent
be competent to serve as a juror who is not a citizen of the district; that to serve as jurors. all citizens of the disırict, being free males, without mixture of negro
blood, and over the age of twenty-one years, if competent by the general
rules of law, shall be competent to serve as jurors, preference being given Ilow jury con- to those who can speak and understand the English language; and every stituted when In- Indian tried in said courts having the right to a jury of one-balf of his own dian is tried. Practice in
nation ; that the practice in all criminal cases therein, including the right criminal cases. of challenge of jurors, shall be the same as in the district court of the
Confederate States for the western district of Arkansas; and that within the sphere of its jurisdiction hereby defined, each of said courts shall be
invested with the same powers as said district court of the western district *Validity and au- of Arkansas; its proceedings shall have the same validity as those of that thentication of court, and sball be authenticated in the same mode and have the like faith proceedings.
and credit everywhere. Juries where Sec. 16. And be it further enacted, That when any white person, not white persons are by birth, adoption, or otherwise, a citizen or member of any Indian nation put on trial.
or tribe, as such citizenship is defined by law or treaty, shall be uried in either of said district courts for any criminal offence, such person shall be
entitled, upon demand, and as of right, to a jury of white men, to obtain Venire facias. which a writ of venire facias may, if necessary, issue to the marshal of an
adjoining district in a State, commanding him to summon a panel of
twenty persons to serve as jurors in the given case, which writ shall be Attendance may served by such marshal, and the attendance of the panel compelled, if be compelled by necessary, by attachment; and out of such panel and tali[e]smen, summoned
No challenge of in like manner, if necessary, the jury shall be selected, no challenge being juror except forin such case allowed the prisoner, except for cause.
Sec. 17. And be it further enacted, That all existing provisions of law, Laws regulating the powers, &c., of relating to the powers, duties or modes of proceeding and action of the the district courts district courts of the Confederate States, of a general nature, not locally of Me C. S. to ap- inapplicable and not contrary to the provisions of this act, shall extend ply. Effect of judy
and apply to said district courts; that their judgments and decrees shall ments and deerees. hare the same effect as those of such other courts, and sales of property
How property thereunder shall be made and evidenced, and title thereby pass, in the sold and title to
same manner as under judgments and decrees of said district court for the
western district of Arkansas. Common law Sec. 18. And be it further enacted, That the common law of England and statutes of and the statutes of England, of a general nature, made prior to the fourth prior to July 4, day of July, seventeen hundred and seventy-six, in aid of, and modifying 1776, to govern in or adding to, the common law, so far as the same have not been changed, oach district.
altered, annulled or repealed by the laws, customs and usages of the Cherokee nation, shall govern in each of said districts, in all matters
within the civil jurisdiction of the said district courts. Felony: how Sec. 19. And be it further enacted, That; whenever any person is conpunished.
victed of any offence, amounting to felony, at common law, or by statute, in either of the said district courts, and part of the punishment inflicted is
imprisonment, such punishment shall be imprisonment and confinement at Imprisonment. hard labor, for the whole term adjudged ; and it shall be lawful for the
court by which the sentence is passed, to order the same to be executed in any State prison or penitentiary in an adjoining State, the use of which
may be allowed by the Legislature of the State for such purpose, and the Expenses to be expenses attendant upon the execution of such sentence shall be paid by paid by C. s.
the Confederate States. Bills of excep
Sec. 20. And be it further enacted, That bills of exceptions, writs o
error, and appeals from the decisions of each of said district courts, shall tions, writs of error be allowed, and may be taken to the supreme court of the Confederate and appeals. States, in the same manner and under the same regulations as from other district courts of the Confederate States, where the value of the property or the amount in controversy, to be ascertained by the oath of either party, or of any other competent witness, shall exceed one thousand dollars; but in cases involving the question of title to slaves, such writs of error or appeals shall be allowed to and decided by the said supreme court, without regard to the value of the matter, property or title, in controversy; and from any decision of either of said courts, or the judge of either, upon any writ of habeas corpus, involving a question of personal freedom, a writ of error or appeal shall be allowed to said supreme court.
Sec. 21. And be it further enacted, That writs of error shall lie to the Writs of error in supreme court, in behalf of the accused, from the decisions of the said district criminal cases. courts, in all criminal cases where the life or liberty of the accused is put in jeopardy; and the writ of error in such cases shall operate [as] a super- When writ of sedeas when it so directed by the judge of the district court, or by a
orror to operate as
a supersedeas. judge of the supreme court; and the supreme court shall provide such rules for the regulations of this remedy in error as shall prevent abuse thereof, or the escape of persons accused of crime.
Sec. 22. And be it further enacted, That the district judge for the Salaries of tho Cha-lah-ki and Tush-ca-hom-ma districts shall receive an annual salary of district judges. twenty-five hundred dollars, to be paid quarter-yearly from the date of his commissiom, at the Treasury of the Confederate States; and there shall contingent exbe appropriated annually the sum of one thousand dollars to defray the penses of courts. contingent expenses of each of said courts.
Sec. 23. And be it further enacted, That this act shall take effect as to When this act to each nation, tribe or band therein named, from the date of the ratification take effect. of the treaty, by such nation, tribe or band.
APPROVED February 15, 1862.
Caap. LXXX.-An Act to provide for an increase of the Quartermaster and Commissary February 15, 1862.
The Congress of the Confederate States of America do enact, That Appointment of in addition to the number of quartermasters, assistant quartermasters, quarter master 8
commissaries commissaries and assistant commissaries, now allowed by law, the Presi
at permanent posts dent shall have authority to appoint as inany of said officers, as shall, in and depote. his discretion, be deemed necessary at permanent posts and depots; said appointments to terminate at the close of the war, or sooner, if the services of the officer can be advantageously dispensed with: Provided, That no quartermaster, assistant quartermaster, commissary or assistant commissary, be authorized to employ a clerk; but the commanding officer of quartermasters, assistant quartermasters, coinmissaries or assistant commissaries, shall detail from the ranks under his command such person or persons as
Persons may be may be necessary for service in the offices of said quartermasters, assistant detailed from tho quartermasters, commissaries and assistant commissaries.
their offices. Approved February 15, 1862.
CHAP. LXXXI.-An Act concerning the pay and allowances due to deceased soldiers. February 15, 1862. The Congress of the Confederate States of America do enact, That. Pay and allow
ance due deceased he pay and allowances due to any deceased volunteer, non-commissioned goldiere.