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respective States, the number and grade being the same as in the volunteer ser vice; and in case the laws of any State shall provide for the election of officers, they shall be elected under the direction of the commandant of the rendezvous, and reported forthwith to the Governors of such States in order that they may be commissioned, and the non-commissioned officers may be appointed either before or after muster, as the colonel of the regiment shall decide.

11. As soon as the officers of the companies and regiments are designated, the muster-rolls shall be made out under the direction of the commandant of the rendezvous, and the troops inspected and mustered into the service of the United States by the mustering officer appointed for that purpose.

12. In States where enlistments have been made by municipalities and towns, instead of counties, the Governors of such States are authorized to apply the foregoing rules of draft to such municipalities and towns instead of coun

ties.

Fifth. Provost Marshals will be appointed by the War Department in the several States, on the nomination of the Governor thereof, with such assistants as may be necessary to enforce the attendance of all drafted persons who shall fail to attend at such places of rendezvous.

Sixth. In case any State shall not, by the 15th day of August, furnish its quota of the additional three hundred thousand volunteers called for by the President on the 2d day of July, 1862, unless otherwise ordered, all incomplete regiments shall then be consolidated, under the direction of the Governors of the respective States, and an additional draft shall be made, as before provided, sufficient to fill up such quota; the number to be drafted from each county of the State to be fixed by the Governor thereof.

Seventh. From and after the 15th day of August, no new regiments of Volunteers will be organized, but the premium, bounty, and advance pay will continue to be paid to those volunteering to go into the old Regiments.

AFTER ORDER, AUGUST 14, 1862.

Eighth. That in filling all requisitions for militia, the quotas of the several States will be apportioned by the Governors among the several counties, and (where practicable) among the subdivisions of counties, so that allowance shall be made to such counties and subdivisions for all volunteers theretofore furnished by them and mustered into the service of the United States, and whose stipulated term of service shall not have expired.

BY ORDER OF THE SECRETARY OF WAR:

L. THOMAS, Adjutant General.

General Orders,}

No.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,
Washington, August 11, 1862.

I. So much of General Orders, No. 61, current series, as relates to the extension of sick leaves of absence is hereby revoked and no applications for such extensions need hereafter be made. The order of the President dated July 31, [General Orders, No. 92,] fully explains what may be considered as good cause for absence. Surgeons' certificates of disability, required by existing orders and regulations, must be forwarded not only to the Adjutant General of the Army, but also to the Commander of the Regiment, or, in case of a staff officer, to his Commanding General.

II.-Officers absent from duty without leave or beyond the time of their leaves, will not be allowed to draw pay until a court or commission, which will be ordered on their return to their post or command, shall determine whether there was sufficient cause for their absence. They will accordingly

provide themselves with a full description of the nature and cause of their disability, certified by the proper medical authority, as required by existing orders and regulations.

III.- Officers of volunteers who are absent from duty on account of disease contracted before they entered the service, will be immediately mustered out. Those who have been absent for more than sixty days on account of wounds or disease contracted in the line of their duty, and who are still unable to return to duty, will be reported to the Adjutant General of the Army for discharge, in order that their places may be filled by others fit for field service. For this class of officers Congress has provided pensions.

IV. Applications for pensions must be made to the Commissioner of Pensions, who is the judge of the sufficiency of evidence in support of such claims, and who furnishes the forms and regulations relating thereto.

V.-When an officer returns to his command after having overstaid his leave of absence, he may be tried by a court-martial for this as a military offence, or a commission may be appointed by the commanding officer of his division, army corps or army, as the case may be, to investigate his case, and to determine whether or not he was absent from proper cause; and if there should be found to be such proper case, he will be entitled to pay during such absence. The proceedings of such commission will be sent to the Adjutant General of the Army for the approval of the Secretary of War. Such commissions will consist of not less than three nor over five commissioned officers.

VI. Where troops are serving in an army corps, or an army, no leaves of absence will be granted on the certificate of a regimental or brigade surgeon till the same has been approved by the medical director of such army corps or army; and no medical director will endorse any certificate until he has made a personal examination of the applicant, or received a favorable report from a medical officer appointed by him to make such personal examination. And if upon such personal examination it be found that the certificate of disability was given without proper cause, the name of the medical officer giving it will be reported to the Adjutant General of the Army, in order that he may be dis missed from the service.

VII. Where officers are not serving in a division, army corps, or separate army, applications for leaves may be made to the Adjutant General of the Army; but, except in very extraordinary cases, no leave of absence will be granted unless the application be accompanied by a certificate of the same character as that prescribed in General Orders, No. 61.

VIII. In all cases of personal application for leaves of absence made to the War Department, the applicant will be examined by a medical officer assigned to that duty in this city.

BY ORDER OF THE SECRETARY OF WAR:

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EXECUTIVE MANSION, Washington, July 11, 1862. Ordered, That Major General Henry W. Halleck be assigned to command the whole land forces of the United States, as General-in-Chief; and that he epair to this Capital so soon as he can with safety to the positions and &perations within the Department now under his special charge.

ABRAHAM LINCOLN.

Major General Halleck, having been assigned in accordance with the above order of the President, assumed command of the Army as General-in-Chief on the 23d of July, 1862.

BY COMMAND OF MAJOR GENERAL HALLECK:

E. D. TOWNSEND, Assistant Adjutant General.

General Orders, }

No. 102.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,

Washington, August 11, 1862.

All leaves of absence and furloughs, by whomsoever given, unless by the War Department, are, from this date, null and void, and all officers and privates capable of service will immediately rejoin their respective commands. The commanding officer of each corps, regiment, military post, or other command, will see that the muster directed in General Orders, No. 92, current series, be made on the 18th instant, and that all absentees be marked as therein directed. All persons so marked as absent will be considered as absent without proper cause until they shall adduce evidence before a military court or commission to show that such absence was occasioned by one of the three causes specified in General Orders, No. 92; and until the action of such court or commission they will receive no pay.

BY COMMAND OF MAJOR GENERAL HALLECK?

E. D. TOWNSEND, Assistant Adjutant General.

General Orders,

Orders, }

No. 103.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,

Washington, August 12, 1862.

The following is an order of the President of the United States, dated June 26, 1862.

1.-The forces under Major Generals Fremont, Banks, and McDowell, including the troops now under Brigadier General Sturgis, at Washington, shall be consolidated, and form one army, to be called the Army of Virginia. 2.-The command of the Army of Virginia is specially assigned to Major General John Pope, as Commanding General. The troops of the Mountain Department, heretofore under the command of General Fremont, shall constitute the First Army Corps, under the command of General Fremont; the troops of the Shenandoah Department, now under General Banks, shall constitute the Second Army Corps, and be commanded by him; the troops under the command of General McDowell, except those within the fortifications and city of Washington, shall form the Third Army Corps, and be under his command. BY ORDER OF THE SECRETARY OF WAR:

E. D. TOWNSEND, Assistant Adjutant General.

General Orders,}

No.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE, Washington, August 18, 1862. The following orders are published for the information and guidance of all

concerned:

I.

WAR DEPARTMENT, Washington City, D. C. August 8, 1862.

By direction of the President of the United States, it is hereby ordered that, until further order, no citizen liable to be drafted into the militia shall be allowed to go to a foreign country. And all marshals, deputy marshals, and

military officers of the United States are directed, and all police authorities, especially at the ports of the United States on the seaboard and on the frontier, are requested, to see that this order is faithfully carried into effect. And they are hereby authorized and directed to arrest and detain any person or persons about to depart from the United States in violation of this order, and report to Major L. C. Turner, Judge Advocate, at Washington City, for further instructions respecting the person or persons so arrested or detained.

2. Any person liable to draft who shall absent himself from his county or State before such draft is made will be arrested by any provost marshal or other United States or State officer wherever he may be found within the jurisdiction of the United States, and be conveyed to the nearest military post or depot and placed on military duty for the term of the draft; and the expenses of his own arrest and conveyance to such post or depot, and also the sum of five dollars as a reward to the officer who shall make such arrest, shall be deducted from his pay.

3. The writ of habeas corpus is hereby suspended in respect to all persons so arrested and detained, and in respect to all persons arrested for disloyal practices. EDWIN M. STANTON, Secretary of War.

II.

WAR DEPARTMENT, Washington City, D. C., August 11, 1862.

The temporary restrictions upon travelling, deemed necessary to prevent evasions of liability to be drafted into the militia, were not intended to apply to couriers with despatches to and from the legations of friendly powers in the United States. All authorities, civil and military, are consequently required to allow such couriers to pass freely, without let or molestation.

EDWIN M. STANTON, Secretary of War.

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The inspection of all cavalry forces, preparatory to their being mustered into the service of the United States, shall hereafter comprise, in addition to the usual personal examination, a test of horsemanship, to be made under the direction of the mustering officer; and no person shall be mustered into the Cavalry service who does not exhibit good horsemanship and a practical knowledge of the ordinary care and treatment of horses.

BY ORDER OF THE SECRETARY OF WAR:

E. D. TOWNSEND, Ass't Adj't Gen'l.

General Orders,

No. 106.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,

Washington, August 14, 1862.

Captain Lyman M. Kellogg, 18th Infantry, having tendered his resignation while under charges for "drunkenness on duty," "disobedience of orders," and "conduct prejudicial to good order and military discipline," is, by direction of the President of the United States, hereby dismissed the service, to take ef fect August 11, 1862.

BY ORDER OF THE SECRETARY OF WAR:

E. D. TOWNSEND, Assistant Adjutant General.

1

General Orders,

No. 107.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE, Washington, August 15, 1862. I.-Officers of the regular army will, as a general rule receive leaves of abscnce to accept the rank of Colonel in volunteer regiments, but not lower grades. Non-commissioned officers and privates will be discharged on receiving commissions in volunteer regiments.

II. The oath of allegiance will not be administered to any person against his own will: it must in all cases be a voluntary act on his part. Nor will any compulsory parole of honor be received. But oaths taken, and paroles given, to avoid arrest, detention, imprisonment, or expulsion, are voluntary or free acts, and cannot be regarded as compulsory. All persons guilty of violating such oaths or paroles will be punished according to the laws and usages of war.

III. The laws of the United States and the general laws of war, authorize, in certain cases, the seizure and conversion of private property for the subsistence, transportation, and other uses of the army; but this must be distinguished from pillage; and the taking of property for public purposes is very different from its conversion to private uses. All property lawfully taken from the enemy, or from the inhabitants of the enemy's country, instantly becomes public property, and must be used and accounted for as such. The 52d Article of War authorizes the penalty of death for pillage or plundering, and other articles authorize severe punishments for any officer or soldier who shall sell, embezzle, misapply, or waste military stores, or who shall permit the waste or misapplication of any such public property. The penalty is the same whether the offence be committed in our own or in an enemy's territory.

IV. All property, public or private, taken from alleged enemies, must be inventoried and duly accounted for. If the property taken be claimed as private, receipts must be given to such claimants or their agents. Officers will be held strictly accountable for all property taken by them or by their authority, and it must be returned for, the same as any other public property.

V. Where foraging parties are sent out for provisions or other stores, the commanding officer of such party will be held accountable for the conduct of his command, and will make a true report of all property taken.

VI.-No officer or soldier will, without authority, leave his colors or ranks, to take private property, or to enter a private house for that purpose. All such acts are punishable with death, and an officer who permits them is equally as guilty as the actual pillager.

VII.-Commanding officers of the armies and corps will be held responsible for the execution of these orders in their respective commands.

BY COMMAND OF MAJOR GENERAL HALLECK,

General-in-chief of the Army:

E. D. TOWNSEND, Assistant Adjutant General.

General Orders,Į

No. 108.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,
Washington, August 16, 1862.

The following order of the President of the United States, dated August 14, 1862, is.published for the information of all concerned :

ORDERED:

1st. That after the fifteenth of this month, bounty and advanced pay shall not be paid to Volunteers for any new regiments, but only to Volunteers for

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