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 71m. 
 #31 
 
 Duke University Libraries 
 
 A bill to be en 
 Conf Pam 12mo #31 
 

 [House Bill,. No. 47.] 
 
 HOUSE, September 24, 1862. — Read first and second times, placed 
 on Calendar and ordered to be printed. 
 
 [By Mr. Moore, from Judiciary Committee.] 
 
 ABILL 
 
 To be entitled An Act to authorize the President of the Con- 
 federate States to institute a commission for the trial and 
 punishment of offences in the armies of the Confederate 
 States. 
 
 1 Section 1. The Congress of the Confederate States of 
 
 2 America do enact, That the President of the Confederate 
 
 3 States is hereby authorized and empowered to institute a 
 
 4 commission, to be composed of such persons as he may 
 
 5 appoint to accompany each brigade, division or army 
 
 6 corps in the field as the President may direct, who shall 
 
 7 constitute a court with full and complete jurisdiction to 
 
 8 try and punish all offences which may be committed by 
 
 9 any officer or soldier against the military, criminal or 
 10 penal law .of the land. 
 
 1 Sec. 2. That the said court shall have full and com- 
 
2 plete power and jurisdiction to inflict all the punishments 
 
 3 and penalties which the military law prescribes against 
 
 4 any officer or soldier who shall be found guilty of a vio- 
 
 5 lation thereof, and the said court is hereby invested with 
 
 6 all the power and jurisdiction of courts martial under 
 
 7 and by virtue of the military law of the Confederate 
 
 8 States. 
 
 1 Sec. 3. When any officer or soldier shall be adjudged 
 
 2 by said court to be guilty of an offence not punishable 
 
 3 by military law, but which is made a felony by the laws 
 
 4 of the Confederate [States, such person shall be punished 
 
 5 according to the penalty prescribed, by the laws of the 
 
 6 Confederate States. 
 
 1 Sec. 4. That when any officer or soldier shall be ad- 
 
 2 jugded by said court to be guilty of an offence not pun- 
 
 3 ishr.ble by the military law of the Confederate States, 
 
 4 nor held to be a felony by the criminal law thereof, but 
 
 5 which is declared to be a felony by the laws of the State 
 
 6 in which the offence was committed, it shall be the duty 
 
 7 of said court to hand such person over to the civil 
 
 8 authorities of such State, to be dealt with according to 
 the laws thereof. 
 
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 1 Sec. 5. That if any such officer or soldier shall be ad- 
 
 2 judged by said court to be guilty of any trespass to the 
 
 3 person or property of the citizen, upon conviction thereof, 
 
 4 such person shall be punished by confinement in prison 
 
 5 for a period of not more than twelve months, or put to 
 
 6 hard labor for the same time, in the discretion of the 
 
 7 court. 
 
 1 Sec. 6. Where the judgment of said court, under the 
 
 2 provisions of this act, shall be the penalty of death, or 
 
 3 the cashiering of an o^cer, such judgment shall be sub- 
 
 4 ject to the review and approval of the President, and in 
 
 5 all such cases it shall be the duty of said court to keep, 
 
 6 or cause to be kept, a true and complete record of the 
 
 7 proceedings and proof in the case. 
 
 1 Sec. 7. That in order to enable said court to keep, 
 
 2 when necessary, a complete record of its proceedings and 
 
 3 proof in any case, and to cause all of its process and 
 
 4 judgments to be executed, it shall have power co appoint 
 
 5 its own clerk and marshal, each of whom shall, before 
 
 6 entering on' the discharge of the duties of their respec- 
 
 7 tive offices, take the oath prescribed by law in such 
 
 8 cases and execute bond in the penalty of three thousand 
 
A 
 
 9 dollars conditioned for the faithful performance of their 
 
 10 respective duties. 
 
 1 Sec. 8. The persons who shall constitute the court 
 
 2 aforesaid shall be required, before entering on the duties 
 8 of their office, to take the oath now prescribed by law 
 •J in such cases, and in addition thereto take an oath to 
 •"> discharge said duties honestly, faithfully and according 
 6 to the best of their skill and judgment. 
 
 1 Sec. 9. Provided that no judgment rendeied under 
 
 2 the provisions of this act shall bar any citizen from his 
 
 3 right of action against any officer .or soldier to recover 
 
 4 damages for any trespass to property. 
 
 1 Sec. 10. The members of said court shall hold their 
 
 2 offices during the war unless, in the judgment of the 
 
 3 President, said court should be sooner discontinued, and 
 
 4 they shall each receive a salary of one hundred and 
 
 5 eighty dollars per month, to be due and payable quar- 
 
 6 terly. The salary of the clerk shall be three dollars per 
 
 7 day, and that of the marshal five dollars per day. 
 
Hollinger Corp. 
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