An Act creating the office of Ensign in the army of the Confederate States.

Feb. 17, 1864.

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

Found here:
http://docsouth.unc.edu/imls/23conf/23conf.html