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cemetery grounds, and cause them to be securely enclosed, to be used as a national cemetery for the soldiers who shall die in the service of the country.
SEC. 19. And be it further enacted, That so much of the act approved the fifth of August, eighteen hundred and sixty-one, entitled "An act supplementary to an act entitled 'An act to increase the present military establishment of the United States,'" approved the twenty-ninth of July, eighteen hundred and sixty-one, as authorizes the appointment of additional aides-de-camp, be, and the same is hereby, repealed. But this repeal shall not be construed so as to deprive those persons already appointed, in strict conformity with said act of the fifth of August, eighteen hundred and sixty-one, from holding their offices in the same manner as if it had not been repealed.
SEC. 20. And be it further enacted, That the different regiments and independent companies heretofore mustered into the service of the United States as volunteer engineers, pioneers, or sappers and miners, under the orders of the President or Secretary of War, or by authority of the commanding general of any military Department of the United States, or which having been mustered into the service as infantry, shall have been reorganized and employed as engineers, pioneers, or sappers and miners, shall be, and the same are hereby recognized and accepted as volunteer engineers, on the same footing, in all respects in regard to their organization, pay and emoluments, as the corps of engineers of the regular army of the United States, and they shall be paid for their services, already performed, as is now provided by law for the payment of officers, non-commissioned officers, and privates of the engineer corps of the regular army. SEC 21. And be it further enacted, That any alien of the age of twenty-one years and upwards, who has enlisted or shall enlist in the armies of the United States, either the regular or the volunteer forces, and has been or shall be hereafter honorably discharged, may be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become a citizen of the United States, and that he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and that the court admitting such alien shall, in addition to such proof of residence and good moral character as is now provided by law, be satisfied by competent proof of such person having been honorably discharged from the service of the United States as
SEC. 22. And be it further enacted, That there shall be added to the Adjutant General's department, by regular promotion of its present officers, one colonel, two lieutenant Colonels, and nine majors; and that the grade of captain in said department shall thereafter be abolished, and all vacancies occurring in the grade of major shall be filled by selection from among the captains of the
AN ACT to amend the act calling forth the militia to execute the laws of the Union, suppress insurrection, and repel invasions, approved February twenty-eighth, seventeen hundred and ninety-five, and the acts amendatory thereof, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the President of the United States shall call forth the militia of the States, to be employed in the service of the United States, he may specify in his call the period for which such service will be required, not exceeding nine months; and the militia so called shall be mustered in and continue to serve for and during the term so specified, unless sooner discharged by command of the President. If by reason of defects in existing laws, or in the execution of them, in the several States, or any of them, it shall be found necessary to provide for enrolling the militia and
otherwise putting this act into execution, the President is authorized in such cases to make all necessary rules and regulations; and the enrollment of the militia shall in all cases include all able-bodied male citizens between the ages of eighteen and forty-five, and shall be apportioned among the States according to representative population.
SEC. 2. And be it further enacted, That the militia, when so called into service, shall be organized in the mode prescribed by law for volunteers.
SEC. 3. And be it further enacted, That the President be, and he is hereby, authorized, in addition to the volunteer forces which he is now authorized by law to raise, to accept the services of any number of volunteers, not exceeding one hundred thousand, as infantry, for a period of nine months unless sooner discharged. And every soldier who shall enlist under the provisions of this section shall receive his first month's pay, and also twenty-five dollars as bounty, upon the mustering of his company or regiment into the service of the Uuited States. And all provisions of law relating to volunteers enlisted in the service of the United States for three years, or during the war, except in relation to bounty, shall be, and the same arc, extended to, and are hereby declared to embrace, the volunteers to be raised under the provisions of this section.
SEC. 4. And be it further enacted, That for the purpose of filling up the regi ments of Infantry now in the United States service, the President be, and he hereby is, authorized to accept the services of volunteers in such numbers as may be presented for that purpose, for twelve months, if not sooner discharged, And such volunteers, when mustered into the service, shall be in all respects upon a footing with similar troops in the United States service, except as to service bounty, which shall be fifty dollars, one half of which to be paid upon their joining their regiments, and the other half at the expiration of their enlistment.
SEC. 5. And be it further enacted, That the President shall appoint, by and with the advice and consent of the Senate, a judge advocate general, with the rank, pay, and emoluments of a colonel of cavalry, to whose office shall be returned, for revision, the records and proceedings of all courts martial and military commissions, and where a record shall be kept of all proceedings had thereupon. And no sentence of death or imprisonment in the penitentiary, shall be carried into execution until the same shall have been approved by the President.
SEC. 6. And be it further enacted, That there may be appointed by the Presi dent, by and with the advice and consent of the Senate, for each army in the field, a judge advocate, with the rank, pay, and emoluments, each, of a major of cavalry, who shall perform the duties of judge advocate for the army to which they respectively belong, under the direction of the judge advocate general.
Sec. 7. And be it further enacted, That hereafter all offenders in the army charged with offences now punishable by a regimental or garrison court-martial shall be brought before a field officer of his regiment, who shall be detailed for that purpose, and who shall hear and determine the offence, and order the punishment that shall be inflicted; and shall also make a record of his proceedings, and submit the same to the brigade commander, who, upon the approval of the proceedings of such field officer, shall order the same to be executed: Provided, That the punishment in such cases be limited to that authorized to be inflicted by a regimental or garrison court-martial. And provided further, That, in the event of there being no brigade commander, the proceedings as aforesaid shall be submitted for approval to the commanding officer of the post.
SEC. 8. And be it further enacted, That all officers who have been mustered into the service of the United States as battalion adjutants and quartermasters of cavalry under the orders of the War Department, exceeding the number authorized by law, shall be paid as such for the time they were actually em
ployed in the service of the United States, and that all such officers now in service, exceeding the number as aforesaid, shall be immediately mustered out of the service of the United States.
SEC. 9. And be it further enacted, That the President be, and he is hereby, authorized to establish and organize army corps according to his discretion.
SEC. 10. And be it further enacted, That each army corps shall have the folowing officers, and no more, attached thereto, who shall constitute the staff of the commander thereof; one assistant adjutant general, one quartermaster, onc commissary of subsistence, and one assistant inspector general, who shall bear, respectively, the rank of lieutenant colonel, and who shall be assigned from the army or volunteer force by the President. Also three aides-de-camp, one to bear the rank of major, and two to bear the rank of captain, to be appointed by the President, by and with the advice and consent of the Senate, upon the recommendation of the commander of the army corps. The senior officer of artillery in each army corps shall, in addition to his other duties, act as chief of artillery and ordnance at the headquarters of the corps.
SEC. 11. And be it further enacted, That the cavalry forces in the service of the United States shall hereafter be organized as follows; Each regiment of cavalry shall have one colonel, one lieutenant colonel, three majors, one surgeon, one assistant surgeon, one regimental adjutant, one regimental quartermaster, one regimental commissary, one sergeant major, one quartermaster sergeant, one commissary sergeant, two hospital stewards, one saddler sergeant, one chief trumpeter, and one chief farrier or blacksmith, and each regiment shall consist of twelve companies or troops, and each company or troop shall have one captain, one first lieutenant, one second lieutenant, and one supernumerary second lieutenant, one first sergeant, one quartermaster sergeant, one commissary sergeant, five sergeants, eight corporals, two teamsters, two farriers or blacksmiths, one saddler, one wagoner, and seventy-eight privates; the regi mental adjutants, the regimental quartermasters, and the regimental commissaries to be taken from their respective regiments: Provided, That vacancies caused by this organization shall not be considered as original, but shall be filled by regular promotion.
SEC. 12. And be it further enacted, That the President be, and he is hereby, authorized to receive into the service of the United States, for the purpose of constructing intrenchments, or performing camp service, or any other labor or any military or naval service for which they may be found competent, persons of African descent, and such persons shall be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe.
SEC. 13. And be it further enacted, That when any man or boy of African descent, who by the laws of any State shall owe service or labor to any person who, during the present rebellion, has levied war or has borne arms against the United States, or adhered to their enemies by giving them aid and comfort, shall render any such service as is provided for in this act, he, his mother and his wife and children, shall forever thereafter be free, any law, usage, or custom whatsoever to the contrary notwithstanding: Provided, That the mother, wife, and children of such man or boy of African descent shall not be made free by the operation of this act, except where such mother, wife, or children owe service or labor to some person who during the present rebellion, has borne arms against the United States, or adhered to their enemies by giving them aid and comfort.
SEC. 14. And be it further enacted, That the expenses incurred to carry this act into effect shall be paid out of the general appropriation for the army and volunteers.
SEC. 15. And be it further enacted, That all persons who have been or shall be hereafter enrolled in the service of the United States under this act shall receive the pay and rations now allowed by law to soldiers, according to their
respective grades: Provided, That persons of African descent, who under this law shall be employed, shall receive ten dollars per month and one ration, three dollars of which monthly pay may be in clothing.
SEC. 16. And be it further enacted, That medical purveyors and storekeepers shall give bonds in such sums as the Secretary of War may require, with security to be approved by him.
Approved July 17, 1862.
AN ACT to allow and pay to the State of Missouri the amount of money expended by said State in the arming and paying of troops employed in the suppression of insurrection against the laws of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Missouri shall be entitled to a credit against the direct tax apportioned to said State by the "Act to provide increased revenue from imports to pay interest on the public debt, and for other purposes," approved August fifth, eighteen hundred and sixty-one, for all sums of money expended by said State in the arming, equipping, subsisting and paying of troops organized under the ordinances of the convention of said State, passed during the year eighteen hundred and sixty-one, and employed in concert with the Federal authorities in suppressing insurrection against the United States, and enforcing the laws thereof.
SEC. 2. And be it further enacted, That, for the purpose of ascertaining the amount due to said State for moneys so expended, the Secretary of War shall, immediately after the passage of this act, by commission or otherwise, cause the accounts to be examined, and a report made to him of the amount due, which, being approved by the Secretary of War, and by him certified to the Secretary of the Treasury, the amount thereof shall be allowed to said State, and deducted from the amount apportioned thereto by the aforesaid act, and the remainder only, if any, shall be collected as therein prescribed: Provided, That, in the adjustment of accounts under this act, no greater rate of compensation shall be allowed than was provided for by the laws of the United States applicable to the arming, equipping, subsisting, and payment of volunteers, in force at the time of enrolment of such troops of Missouri.
SEC. 3. And be it further enacted, That if said State shall assume and pay into the Treasury the balance of said direct tax, if any, at such time as may be fixed by the Secretary of the Treasury, or should said expenditures be found to be equal to the tax, the deduction or discount of fifteen per centum, as prescribed in the fifty-third section of the said recited act, shall be allowed on the whole amount thus apportioned.
Approved July 17, 1862.
XIII.-PUBLIC RESOLUTION-No. 42.
A RESOLUTION to suspend all payments under the act approved twenty-fifth of March, eighteen hundred and sixty-two, entitled "An Act to secure to the officers and men actually employed in the Western Department, or Department of Missouri, their pay, bounty, and pension," and for other purposes. [See Gen. Orders, No. 31.]
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby authorized and directed to suspend all payments under the act approved twentyfifth March, eighteen hundred and sixty-two, entitled “An act to secure to the officers and men actually employed in the Western Department, or Department of Missouri, their pay, bounty, and pension," and that there shall be appointed by the President, immediately after the passage of this resolution, by and with the advice and consent of the Senate, three commissioners, to examine all claims
arising under the provisions of that act, and report the same, with the facts connected therewith, to the Secretary of War; said commissioners to have such compensation for their services as the Secretary of War may consider just and reasonable: Provided, That said commissioners shall be required to examine and report within sixty days after the passage of this resolution upon all such claims as may be presented by persons claiming to have been organized or employed in the State of Missouri and to have performed service according to the provisions of the said recited act, whereupon payments shall be made as recommended by said commissioners and as required by said act: And provided further, That within ninety days from the passage of this Resolution the said commissioners shall examine and report upon all other claims arising under the act aforesaid, when payments shall be made as herein prescribed. Approved July 12, 1862.
AN ACT to suspend temporarily the operation of an act entitled "An act to prevent and punish fraud on the part of officers intrusted with making of contracts for the Government," approved June two, eighteen hundred sixtytwo. [See Gen. Orders, No. 58.]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the operation of the act entitled "An act to prevent and punish frauds on the part of officers intrusted with making of contracts for the Government," approved June two, eighteen hundred and sixtytwo, be, and the same is hereby suspended until the first Monday of January, eighteen hundred and sixty-three.
Approved July 17, 1862.
BY ORDER OF THE SECRETARY OF WAR:
E. D. TOWNSEND, Assistant Adjutant General.
WAR DEP'T, ADJUTANT GENERAL'S OFFICE, Washington, July 31, 1862. The following order is published for the information of all concerned: WAR DEPARTMENT,
Washington City, D. C., July 31, 1862.
The absence of officers and privates from their duty under various pretexts, while receiving pay, at great expense and burden to the Government, makes it necessary that efficient measures be taken to enforce their return to duty, or that their places be supplied by those who will not take pay while rendering no service. This evil, moreover, tends greatly to discourage the patriotic impulses of those who would contribute to support the families of faithful soldiers.
It is therefore ordered by the President
I. That on Monday, the 11th day of August, all leaves of absence and furloughs, by whomsoever given, unless by the War Department, are revoked and absolutely annulled, and officers capable of service are required forthwith to join their respective commands, and all privates capable of service to join their regiments, under penalty of dismissal from the service, or such penalty as a Court Martial may award, unless the absence be occasioned by lawful cause.
II. The only excuses allowed for the absence of officers or privates after the 11th day of August are:
1st.The order or leave of the War Department.
2d.-Disability from wounds received in service.
3d.-Disability from disease that renders the party unfit for military duty.