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missioned officers of the volunteer regiments shall be filled by the governors of the states respectively, in the same manner as original appointments. And so much of the tenth section of the act approved July twenty-second, eighteen hundred and sixty-one,' as is inconsistent herewith, be, and the same is hereby, repealed.
SEC. 4. That the President of the United States is hereby authorized to appoint two additional inspectors-general for the United States army; said inspectors-general to have the same rank and receive the same pay and allowances as now provided by law for inspectors-general.
SEC. 5. That so much of the first section of the act approved August fifth, eighteen hundred and fifty-four, as authorizes the appointment of civilians to superintend the national armories, be, and the same is hereby, repealed, and that the superintendents of these armories shall be appointed hereafter from officers of the ordnance department.
[Approved, August 6, 1861.]
CHAPTER 58.-Approved, August 6, 1861.-Vol. 12, p. 318. An Act to authorize an increase in the corps of engineers and topographical engineers. [This act has 3 sections, which are in the same words as sec. 1, 2, and 4 above.]
CHAPTER 63.-Approved, August 6, 1861.-Vol. 12, p. 326.
An Act to increase the pay of the privates in the regular army and in the volunteers in the service of the United States, and for other purposes.
That the pay of the privates in the regular army and volunteers in the service of the United States be thirteen3 dollars per month for three years from and after the passage of this act, and until otherwise fixed by law.
SEC. 2. That the provisions of the act entitled "An act for the relief of the Ohio and other volunteers," approved July twenty-fourth, eighteen hundred and sixty-one, be, and the same
1 Chap. 9.
3 $12 by chap. 247, 4 August, 1854.
2 Making 4 inspectors-general. Chap. 16.
are hereby, extended to all volunteers mustered into the service of the United States, whether for one, two, or three years, or for and during the war.
SEC. 3. That all the acts, proclamations, and orders of the President of the United States after the fourth of March, eighteen hundred and sixty-one, respecting the army and navy of the United States, and calling out or relating to the militia or volunteers from the states, are hereby approved and in all respects legalized and made valid, to the same intent and with the same effect as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
[Approved, August 6, 1861.]
CHAPTER 3.-Approved, December 24, 1861.-Vol. 12, p. 330.
An Act relative to courts-martial in the army.
That in time of war the commander of a division or separate brigade may appoint general courts-martial, and confirm, execute, pardon, and mitigate their sentences, as allowed and restrained in the sixty-fifth and eighty-ninth articles of war1 to commanders of armies and departments: Provided, That sentences of such courts, extending to loss of life, or dismission of a commissioned officer, shall require the confirmation of the general commanding the army in the field to which the division or brigade belongs: And provided, further, That when the division or brigade commander shall be the accuser or prosecutor, the court shall be appointed by the next higher commander.
CHAPTER 4.-Approved, December 24, 1861.-Vol. 12, p. 331.
An Act to provide for allotment certificates among the volunteer force.
That the President of the United States shall appoint for each state having volunteers in the United States service, not exceeding three persons, who shall be authorized by the Presi dent's commission to visit the several departments of the army
1 Chap. 20, 20 April, 1806.
in which volunteers from their respective states may be, and then and there procure from said volunteers, from time to time, their respective allotments of their pay to their families or friends, duly certified in writing, and by them or by some commissioned officer of such department attested in pursuance of such orders as may be made for that purpose by the secretary of war, and upon which certified allotment the several paymasters shall at each regular payment to troops give drafts, payable in the city of New York, to the order of such persons to whom said allotments were or may be made.
SEC. 2. That [each of] the persons appointed as commissioners to carry into effect the preceding section of this act shall receive no pay or emoluments whatever from the treasury of the United States.
SEC. 3. That the fifth section of the act of twelfth June, eighteen hundred and fifty-eight,' giving sutlers a lien upon the soldier's pay, be, and the same is hereby, repealed, and all regulations giving sutlers rights and privileges beyond the rules and articles of war, be, and the same is hereby, abrogated.2
[Approved, December 24, 1861.]
CHAPTER 6.-Approved, January 8, 1862.-Vol. 12, p. 331.
An Act making appropriations for the payment of invalid and other pensions of the United States for the year ending June thirty, eighteen hundred and sixty-three.
* * * Provided, That no pension shall be paid under this act to any person who has been engaged in the present rebellion against the government of the United States, or who has in any way given aid and comfort to those engaged in the rebellion.3
[Chapter 10, approved January 22, 1862, vol. 12, p. 332, authorizes the President, by and with the advice and consent of the senate, to appoint for one year two more assistant secretaries of war, whose salary shall each be $3000 per annum, and who shall discharge such duties as may be prescribed by the secretary of war or may be required by law.*]
1 Chap. 156.
2 This third section virtually reinstated sec. 11 of chap. 61, 3 March, 1847; but see rules and articles of war, Nos. 29, 30, 31, and 60, and chap. 47, 19 March, 1862.
3 And see chap. 18, 14 Feb. 1862, post.
4 One assistant secretary of war authorized by chap. 42, 3 Aug. 1861.
CHAPTER 15.-Approved, January 31, 1862.—Vol. 12, p. 334.
An Act to authorize the President of the United States in certain cases to take possession of railroad and telegraph lines, and for other purposes.1
That the President of the United States, when in his judg ment the public safety may require it, be, and he is hereby, authorized to take possession of any or all the telegraph lines in the United States, their offices and appurtenances; to take possession of any or all the railroad lines in the United States, their rolling stock, their offices, shops, buildings, and all their appendages and appurtenances; to prescribe rules and regulations for the holding, using, and maintaining of the aforesaid telegraph and railroad lines, and to extend, repair, and complete the same, in the manner most conducive to the safety and interest of the government; to place under military control all the officers, agents, and employés belonging to the telegraph and railroad lines thus taken possession of by the President, so that they shall be considered as a post road and a part of the military establishment of the United States, subject to all the restrictions imposed by the rules and articles of war.
SEC. 2. That any attempt by any party or parties whomsoever, in any state or district in which the laws of the United States are opposed or the execution thereof obstructed by insurgents and rebels against the United States, too powerful to be suppressed by the ordinary course of judicial proceedings, to resist or interfere with the unrestrained use by government of the property described in the preceding section, or any attempt to injure or destroy the property aforesaid, shall be punished as a military offence, by death, or such other penalty as a courtmartial may impose.
SEC. 3. That three commissioners shall be appointed by the President of the United States, by and with the advice and consent of the senate, to assess and determine the damages suffered, or the compensation to which any railroad or telegraph company may be entitled by reason of the railroad or telegraph line being seized and used under the authority conferred by this act; and their award shall be submitted to Congress for their action.
1 See explanatory resolution No. 58, 14 July, 1862, post.
2 All in italics repealed by Resolution No. 49, 14 July, 1862, ante.
3 Chap. 20, 10 April, 1806.
SEC. 4. That the transportation of troops, munitions of war, equipments, military property and stores, throughout the United States, shall be under the immediate control and supervision of the secretary of war and such agents as he may appoint; and all rules, regulations, articles, usages, and laws in conflict with this provision are hereby annulled.
SEC. 5. That the compensation of each of the commissioners aforesaid shall be eight dollars per day while in actual service; and that the provisions of this act, so far as it relates to the operating and using said railroads and telegraphs, shall not be in force any longer than is necessary for the suppression of this rebellion.
[Approved, January 31, 1862.]
CHAPTER 18.-Approved, February 4, 1862.-Vol. 12, p. 337.
An Act to authorize the secretary of the interior to strike from the pension rolls the names of such persons as have taken up arms against the government, or who may have in any manner encouraged the rebels.
That the secretary of the interior be, and is hereby, authorized and directed to strike from the pension rolls the names of such persons as have [taken] or may hereafter take up arms against the government of the United States, or who have in any manner encouraged the rebels or manifested sympathy for their cause.1
[By chap. 21, Feb. 12, 1862, vol. 12, p. 338, the President is authorized to temporarily detail three competent naval officers for the service of the War Department in the inspection of transport vessels, and for such other services as may be designated by the secretary of war.]
CHAPTER 24.-Approved, February 13, 1862.-Vol. 12, p. 338.
An Act to amend an Act entitled "An Act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," approved June thirtieth, eighteen hundred and thirty-four.2
That the twentieth section of the "Act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the
1 And see chap. 6, 8 January, 1862, ante.
2 Chap. 161, ante.