Duke University Libraries A bill to provl Conf Pam #249 DITDEaSMEX .[SECRET .] [Ho USB OP Rbpreskntativb?i, No. 5(')1.] HOUSE OF REPRESENTATIVES, January 30, 1865.— Head first and second times, made special order after pendiuf^ special order and ordered to be printed. [By Mr. Clarke A BILL To provide for the eatabllshment of a Kareau for Special and Srcrf'l SpiVut'. 1 Whereas, Tliere is nov/ nu oUkumil sy.^siem lor the encourage- 2 inent, development or application of now inventions or secret 3 agencies for the defence of the country : and whereas, It hixs 4 l)een shown tliat, by individual cx'.M'tion and private enterprise, 5 many useful inventions have been made which would be greatly 6 btneficial to the common defence, were they regularly and sys- 7 tematically a'pplied ; arid whereas, There is no v no department, 8 authorized under existing laws, to experiment upon and reduce 9 to system the operation of new and destructive modes of war- 10 fare, or for the efficient direction of secret agencies, and to pro- 11 vide for the perfection and application of the same : 1 The Congress of the Confederate States of .America do enact, 2 That a bureau, in connectior, with the War Department, for 3 the examination, experiment and application of warlike inven- 4 tions and di rection of secret agencies is hereby established, to 2 5 consist of one chief of 1 mi can ami a lioaid of examiners, to con- 6 sist of three members, to ho composed of competent, scientific 7 and mechaBical persons, wliose attainments or experience may 8 qiialifj them for the duty. The rank of the chief of bureau and 9 of the board of examining officers to be determined by the Pres- 10 ident, who may assign officers now in service to those duties, or 11 make origiral appointments, as he may deem best. 1 Sec. 2. It shall be the duty of the bureau hereby organized, 2 to examine all inrentions, plans and enterprises which maybe of 3 value in offensive or defensive warfare, and to cause to be test- 4 ed, by actual experiment, such as may require it, and are so far 5 approved by the President or board of examining officers, as to 6 warrant the expenditure for such practical test ; and whenever 7 any invention, plan or enterprise shall have been so examined S or approved, it shall be the duty of the bureau to provide for 9 its efficient application ; and for that purpose it shall have power 10 and authority to make all necessary contracts for the construc- 11 tion or purchase of all necessary devices, materials and imple- 12 ments ; and it shall be the duty of all other departments and bu- 13 reaus to answer all requisitions upon them, by the proper offi- 14 cers of the bureau of secret service, when it can be done with- 15 out serious detriment to other branches of the public servicej 16 and to employ agents and experts in like manner as other dcpart- 17 ments and bureaus ©f the government ; and the forms and regu- 3 18 latioiia of the engineer bureau, not inapplicable, shall be those 19 to be observed and conformed to by this bureau. 1 Sec. 3. It shall be the duty of the board of examining offi- 2 cers, who shall be under the orders of the chief of bureau, to 3 examine and ascertain the merit and practicability of such in- 4 ventions, plans and secret enterprises, as may be submitted, as 5 specified in the second section, and to decide upon the qualifica- 6 tions of candidates for appointments, and the decision of a ma- 7 jority of their number shall determine the adoption or rejection, 8 subject to the approval of the President, if disapproved by the 9 chief of the bureau ; and the chief of the bureau will appoint the 10 proper persons and give the necessary orders for carrying into 11 eflfect the provisions of this section. It is, however, /wr^Aer 12 Provided, That the President shall have the power to direct the 13 chief of bureau to carry into effect any plan or enterprise, or 14 secret service, which he may approve, and to apply, if necessary, 15 any of the secret service funds heretofore appropriated, or which 16 may be hereafter appropriated, for defraying the necessary ex- 17 penditures for carryiag such plan or service into effect. 1 Sec. 4. The chief of bureau shall have discretionary power, 2 subject to the approval of the President, when the service is un- 3 usually important, to employ secret agents for service either in 4 the Confederate States, or within the enemy's lines, or in any 5 foreign country ; and for this purpose is empowered, with the 4 fi approval of the President, to n>ake use of any fund hereafter 7 appropriated, and, if necessary, to drav/ upon the secret service 8 fund already appropriated, to defray the expenses of such ser- 9 vice ; and he is al»o authorized to organize such a system for the 10 application of the ne^v means of warfare approved, and of secret 11 service agencies, as may tend best to secure the objects of the 12 establishment of the bureau herein provided for. 1 Sec. 5. There shall be organized, under, and in connection 2 with this bureau, a polytechnic corps, to consist of one chief of 3 corps, with the necessary number of commanders, captains, first 4 lieutenants and second lieutenants, to be appointed by the Pre- 5 sident, by and with the advice and consent of the Senate, or to 6 be assigned by hira, and such number and grades of nou-com- 7 missioned officers and men as may be necessary for the perfec- 8 tion and application of such plans and enterprises as may be ap- 9 proved, whose rations and pay shall l>e the same as in the cor- 10 responding grades of tlia engineer corps; and who shall be 11 under the control and act under tlie orders of the chief of bu- 12 reau, who shall receive his orders from and be under the control 13 and direction of the President. 1 Sec G. The officers and men of this corps shall be assigned 2 and detailed from other branches of service, upon the requisi- 3 tion of the chief of bureau, Trhen this may be done \rithout seri- 4 ous detriment to the service to which they belong, or recruited 5 in like manner as for other branches of the military or naval ser- G vice, reference l)eing had in the assignment, detail or recruit- 7 ing of men, to their fitness for the particular service for which 8 they are assigned. Provided, that the number of commissioned 9 officers of all grades assigned, fit for duty in other branches of 10 serrice, shall not exceed twenty, and that the appointments of 11 officers from among persons now engaged in this service, and 12 from those not liable to, or who are unfit for active field duty, 13 shall not exceed a corresponding number; and that the number 14 of non-commissioned officers aud men assigned from other ser- 15 rice, or from those liable to field duty, shall not exceed two 16 hundred. This provision, kowever, shall not be construed to 17 prevent the temporary detail of men to this service, when deem- 1 8 ei necessary by commanders of departments ; nor to prevent the 19 increase of the corps of noncommissioned officers and men by 20 the recroiting and employment of those not liable or equal to 21 field duty, or of persons outside of the limits of the Confedcr- 22 ate States. 1 Sec 7. The chief of bureau shall be, and is hereby authorized 2 to make such contracts for the purchase of, or right to use, any 3 patented invention applicable to and valuable in this branch of 4 service, or to the Confederate States : Provided, That such con- 5 tract or purchase shall be subject to the approval of the Presi- C dent or board of examining officers, and that in the case of such 7 inventions as are intended to receive the benefits of the Act of 8 Congress, approved Aj»ril 21st, 1862, giving one-half of the 9 armed vessels of the enemy which may be destroyed by any 10 new invention or contrivance, or the benefit of any Act which 1 1 may hereafter be passed, giving compensation for the destruction 12 of property of the enemy in similar cases, the cost of the con- 13 struction and application of such invention or contrivance in- 14 currod by tlio government^ shall be deducted from the amount 6 lo authorized to be paid under said Act, or as authorized under 16 this Act. 1 Sec. 8. The bureau is hereby authorized to employ such clerks 2 draughtsmen and others, unfit for field duty, as may be necessary 3 for the basiness of the bureau, with the same pay as is received 4 by like employees of the engineer bireau, and to make such 5 other incidental disbursements as may be necessary to carry in- 6 to effect the objects of this Act ; and the officers and men and 7 employees shall haTc the same rights and immunities and bo subject to the same penalties as those of other branches of ser- 9 vice in the army of the Confederate States. 1 Sec. 9. The companies and parties now irregularly organized 2 for the application of submerged or other defences, and known 3 as lorpedo corps, and for the construction and use of new war- 4 like inventions or for secret service, shall be incorporated into 5 and form a part of the organizatioa contemplated by this Act : 6 Provided, That in such incorporation, the terms and conditions 7 of persons heretofore organizing or joining such organizations 8 shall not be invalidated thereby : Provided further, That no 9 person shall be exempted from military service by reason of 10 being a member of any such organization, unless his personal 11 services are engaged ift its duties. 1 Sec. lO. The valuation of public property, transportation, arms 2 and munitions of war of the enemy destroyed, and for which 3 compensation is provided in the Acts approved April 21, 1862, 4 or which may be provided in any Act which may hereafter be 5 passed, giving compensation in like cases, shall be made ]>y the 7 f) board of examining officers, sulvjcct to the approval of the 7 President, and their award ho immediately paid tathe claimants 8 whose claims are approved; and the examining officers shall take 9 evidence as to the originality and priority of inventions, in 10 cases of claims for compensation, and also as to the claims of 11 different parties claiming the bounty for the same work per- 12 formed, the claimant being allowed a reasonable time to pro- 13 duce his evidence, and examination and valuation by experts be- 14 ing authorized when necessary, and the decision and award of 15 the examining board, when asked by the claimants, shall be 16 final and binding ; and should it apj(»ear from the testimony that IT the parties using any particular invention or device, in whole 18 or in part, were not the original inventors, a portion of the 19 award, to be determined by the board cf examining officers, 20 sliall be made to the party who shall prove his priority to the in- 21 vention ; which rule shall also apply when an old invention is 22 successfully adapted to a new and valuable use. And for the 23 destruction of other property in the enemy's country, where 24 goch destruction shall be considered serviceable to the cause 25 of the Confederate States, such compensation for the service 26 shall be allowed as may be adjudged equitable and just. 1 Sec. 11. When it shall be proven to the satisfactioB of the 2 board of examining officers, by the evidence of patents or other- 3 wise, that the right of priority or ownership of any patented in- 4 venlion is rightfully possessed, and the government has appro- 5 priated and is using such patented invention, a fair compensation 8 6 shall l>e awarded for sucli oppfopiiatiou aiiiZ P6Rmalip6« pH8.5