GENERAL ORDERS, No. 91. WAR DEPARTMENT, Adjutant General’s Office, Washington, July 29, 1862. The following Resolutions, Acts, and Extracts from Acts, of Con- gress, are published for the information of all concerned: Page. I. .Resolution—Medals of honor 1 II.-Act—To grant pensions 2 III. .Resolution—Compensation for paying pensions 7 IY ..Act—Prohibiting consideration for procuring contracts 8fc 7 N ..Act—Relative rank of officers of Army and Navy 8 VI.. Act—Prohibiting confinement of persons in military ser- vice, in the Penitentiary 9 Nil. .Confiscation Act and Proclamat on 10 VIII. .Resolution—Explanatory of Confiscation Act 14 IX.. Act—For prompt settlement of accounts 15 X-.Act—Defining pay and emoluments, Sfc 16 XI.-Act—Amending Militia Act of Feb. 28, 1795 21 XII. - Act—To refund to Missouri, money expended for troops. 25 XIII..Resolution—Commissioners on claims for pay, Sfc., in Department of Missouri 26 XIY. .Act—Suspending Act to punish fraud in contracts 27 A Resolution to provide for the presentation of “medals of honor” to the enlisted men of the army and volunteer forces who have distinguished or may distinguish themselves in battle during the present rebellion. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to cause two thousand “ medals of honor ” to be prepared with suitable emblematic devices, and to direct that the same be presented, in the name of Congress, to such non-commissioned officers and privates as shall most distinguish themselves by their gallantry in action, and other soldier-like qualities, during the present insurrection. And that the sum of ten thousand I..Public Resolution—No. 43. 2 dollars be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated, for the puipose of carrying this Resolution into effect. Approved July 12, 1862. II..Public—No. 137. An Act to grant pensions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any officer, non-com- missioned officer, musician, or private of the army, including regulars, volunteers, and militia, or any officer, warrant or petty officer, musician, seaman, ordinary seamen, flotillaman, marine, clerk, landsman, pilot, or other person in the navy or marine corps, has been, since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter he, disabled by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, he shall, upon making due proof of the fact according to such forms and regu- lations as are or may be provided by or in pursuance of law, be placed upon the list of invalid pensions of the United States, and be entitled to receive, for the highest rate of disability, such pension as is herein- after provided in such cases, and for an inferior disability an amount proportionate to the highest disability, to commence as hereinafter pro- vided, and continue during the existence of such disability. The pen- sion for a total disability for officers, non-commissioned officers, musi- cians, and privates employed in the military service of the United States, whether regulars, volunteers, or militia, and in the marine corps, shall be as follows, viz: Lieutenant colonel, and all officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month; captain, twenty dollars per month; first lieutenant, seventeen dollars per month; second lieutenant, fifteen dollars per month; and non- commissioned officers, musicians, and privates, eight dollars per month. The pension for total disability for officers, warrant, or petty officers, and others employed in the naval service of the United States, shall be as follows, viz: Captain, commander, surgeon, paymaster, and chief engineer, respectively, ranking with commander by law, lieutenant commanding, and master commanding, thirty dollars per month; lieu- tenant, surgeon, paymaster, and chief engineer, respectively, ranking 3 with lieutenant by law, and passed assistant surgeon, twenty-five dollars per month; professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain, twenty dollars per month; first assistant engineers and pilots, fifteen dollars per month; passed mid- shipman, midshipman, captain’s and paymaster’s clerk, second and third assistant engineer, master’s mate, and all warrant officers, ten dollars per month; all petty officers, and all other persons before named employed in the naval service, eight dollars per month; and all com- missioned officers of either service, shall receive such and only such pension as is herein provided for the rank in which they hold com- missions. Sec. 2. And be it further enacted, That if any officer or other person named in the first section of this act has died since the fourth day of March eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, his widow, or, it there be no widow, his child or children under sixteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence irom the death of the husband or father, and to continue to the widow during her widowhood, or to the child or children until they severally attain the age of sixteen years and no longer. Sec. 3. And be it further enacted, That where any officer or other person named in the first section of this act shall have died subse- quently to the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, and has not left or shall not leave a widow nor legitimate child, but has left or shall leave a mother who was dependent upon him for support, in whole or in part, the mother shall be entitled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled; which pension shall commence from the death of the officer or other person dying as aforesaid : Provided, however, That if such mother shall herself be in receipt of a pension as a widow, in virtue of the provisions of the second section of this act, in that case no pension or allowance shall be granted to her on account of her son, unless she gives up the other pension or allowance: And -provided, further, That the pension given to a mother on account of her son shall terminate on her re-marriage : And provided, further, That nothing herein shall he so construed as to entitle the mother of an officer or other person dying, as aforesaid, to more than one pension at the same time under the provisions of this act. Sec. 4. And he it further enacted, That where any officer or other person named in the first section of this act shall have died subse- quently to the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States and in the line of duty, and has not left or shall not leave a widow, nor legitimate child, nor mother, but has left or may leave an orphan sister or sisters, under sixteen years of age, who were dependent upon him for support, in whole or in part, such sister or sisters shall be entitled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled; which pension to said orphan shall commence from the death of the officer or other person dying as afore- said, and shall continue to the said orphans until they severally arrive at the age of sixteen years, and no longer: Provided, however, That nothing herein shall be so construed as to entitle said orphans to more than one pension at the same time, under the provisions of this act: And provided, further, That no moneys shall be paid to the widow, or children, or any heirs of any deceased soldier on account of bounty, back pay, or pension, rvlio have in any way been engaged in or who have aided or abetted the existing rebellion in the United States ; but the right of such disloyal widow or children, heir or heirs of such soldier, shall be vested in the loyal heir or heirs of the deceased, if any there be. Sec. 5. And he it further enacted, That pensions which may be granted, in pursuance of the provisions of this act, to persons who may have been, or shall be, employed in the military or naval service of the United States, shall commence on the day of the discharge of such persons in all cases in which the application for such provisions is filed within one year after the date of said discharge; and in cases in which the application is not filed during said year, pensions granted to persons employed as aforesaid shall commence on the day of the filing of the application. Sec. 6. And be it further enacted, That the fees of agents and attor- neys, for making out and causing to be executed the papers necessary to establish a claim for a pension, bounty, and other allowance, before 4 5 the Pension Office under this act, shall not exceed the following rates: For making out and causing to be duly executed a declaration by the applicant, with the necessary affidavits, and forwarding the same to the Pension Office, with the requisite correspondence, five dollars. In cases wherein additional testimony is required by the Commissioner of Pensions, for each affidavit so required and executed and forwarded, (except the affidavits of surgeons, for which such agents and attorneys shall not be entitled to any fees,) one dollar and fifty cents. Sec 7. And be it further enacted, That any agent or attorney who shall, directly or indirectly, demand or receive any greater compensa- tion for his services under this act than is prescribed in the preceding section of this act, or who shall contract or agree to prosecute any claim for a pension, bounty, or other allowance under this act, on the condition that he shall receive a per centum upon, or any portion of the amount of such claim, or who shall wrongfully withhold from a pensioner or other claimant the whole or any part of the pension or claim allowed and due to such pensioner or claimant, shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall, for every such offence, be fined not exceeding three hundred dollars, or imprisoned at hard labor not exceeding two years, or both, according to the circumstances and aggravations of the offence. Sec. 8. And be it further enacted, That the Commissioner of Pen- sions be, and he is hereby, empowered to appoint, at his discretion, civil surgeons to make the biennial examinations of pensioners which are or may be required to be made by law, and to examine applicants for invalid pensions, where he shall deem an examination by a sur- geon to be appointed by him necessary; and the fees for each of such examinations, and the requisite certificate thereof, shall be one dollar and fifty cents, which fees shall be paid to the surgeon by the person examined, for which he shall take a receipt, and forward the same to the Pension Office; and upon the allowance of the claim of the person examined, the Commissioner of Pensioners shall furnish to such per- son an order on the pension agent of his State for the amount of the surgeon’s fees. Sec. 9. And be it further enacted, That the Commissioner of Pen- sions, on application made to him in person or by letter by any claimants or applicants for pension, bounty, or other allowance required by law to bo adjusted and paid by the Pension Office, shall furnish such claimants, free of all expense or charge to them, all such printed 6 instructions and forms as may be necessary in establishing and obtaining said claim; and in case such claim is prosecuted by an agent or attorney of such claimant or applicant, on the issue of a cer- tificate of pension or the granting of a bounty or allowance, the Com- missioner of Pensions shall forthwith notify the applicant or claimant that such certificate has been issued or allowance made, and the amount thereof. Sec. 10. And be it further enacted, That the pilots, engineers, sailors, and crews upon the gunboats and war vessels of the United States, who have not been regularly mustered into the service of the United States, shall be entitled to the same bounty allowed to persons of corresponding rank in the naval service, provided they continue in service to the close of the present war; and all persons serving as aforesaid, who have been or may be wounded or incapacitated for service, shall be entitled to receive for such disability the pension allowed by the provisions of this act, to those of like rank, and each and every such person shall receive pay according to corresponding rank in the naval service: Provided, That no person receiving pension or bounty under the provisions of this act shall receive either pension or bounty for any other service in the present war. Sec. 11. And be it further enacted, That the widows and heirs of all persons described in the last preceding section who have been or may be employed as aforesaid, or who have been or may be killed in battle, or of those who have died or shall die of wounds received while so employed, shall be paid the bounty and pension allowed by the provi- sions of this act, according to rank, as provided in the last preceding section. Sec. 12. And be it further enacted, That the Secretary of the Interior be and he is hereby authorized to appoint a special agent for the Pen- sion Office, to assist in the detection of frauds against the pension laws, to cause persons committing such frauds to be prosecuted, and to discharge such other duties as said Secretary may require him to perform; which said agent shall receive for his services an annual salai'y of twelve hundred dollars, and his actual travelling expenses incurred in the discharge of his duties shall be paid by the Government. Sec. 13. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. Approved July 14, 1862. III..Public Resolution—No. 61. 7 A Resolution to regulate the compensation for paying pensions. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That agents for paying pen- sions shall receive two per centum on all disbursements made by them to pensioners of the United States: Provided, That the aggregate compensation to any one agent, paying both army and navy pensions, shall not exceed two thousand dollars per annum. Approved July 17, 1862. IV.. Public—No. 148. An Act to prevent members of Congress and officers of the Govern- ment of the United States from taking consideration for procuring contracts, office, or place, from the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any member of Congress or any officer of the Government of the United States who shall, directly or indirectly, take, receive, or agree to receive, any money, property, or other valuable consideration whatsoever, from any person or persons for procuring, or aiding to procure, any contract, office, or place, from the Government of the United States or any Department thereof, or from any officer of the United States, for any person or persons whatso- ever, or for giving any such contract, office, or place to any person whomsoever, and the person or persons who shall directly or indirectly otfer or agree to give, or give, or bestow any money, property, or other valuable consideration whatsoever, or the procuring or aiding to pro- cure any contract, office, or place, as aforesaid, and any member of Congress who shall directly or indirectly take, receive, or agree to receive, any money, property, or other valuable consideration whatso- ever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may then be pending, or may by law or under the Constitution of the United States be brought before him in his official capacity, or in his place of trust and profit as such member of Congress, shall, for every such olfence, be liable to indictment as for a misdemeanor in any court of the United States having jurisdiction thereof, and on convic- tion thereof shall pay a fine of not exceeding ten thousand dollars, and suffer imprisonment in the penitentiary not exceeding two years, at 8 the discretion of the court trying the same; and any such contract or agreement, as aforesaid, may, at the option of the President of the United States, be declared absolutely null and void; and any member of Congress or officer of the United States convicted, as aforesaid, shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Approved July 16, 1862. V.. Public—No. 152. [Extract.] Relative rank between Officers of the Army and the Navy. An Act to establish and equalize the grades of line officers of the United States Navy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the active list of line officers of the United States navy shall be divided into nine grades, taking rank according to the date of their commissions in each grade, as follows, viz: First Rear Admirals. Second... Commodores. Third Captains. Fourth... Commanders. Fifth Lieutenant Commanders. Sixth Lieutenants. Seventh. .Masters. Eighth Ensigns. Ninth Midshipmen. Sec. 13. And be it further enacted, That the relative rank between officers of the navy and the army shall be as follows, lineal rank only to be considered: Rear admirals with major generals. Commodores with brigadier generals. Captains with colonels. Commanders with lieutenant colonels. Lieutenant commanders with majors. Lieutenants with captains. Masters with first lieutenants. Ensigns with second lieutenants. Approved July 16, 1862. VI ..Public—No. 159. 9 An Act prohibiting the confinement of persons in the military service of the United States in the penitentiary of the District of Columbia, except as a punishment for certain crimes, and to discharge there- from certain convicts by sentence of courts-martial, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter no person in the military service of the United States, convicted and sentenced by a court-martial, shall be punished by confinement in the penitentiary of the District of Columbia, unless the offence of which such person may be convicted would by some statute of the United States or at common law, as the same exists in the said District, subject such con- vict to said punishment. Sec. 2. And be it further enacted, That all such persons in the mili- tary service, as aforesaid, who have heretofore been, or may hereafter be, convicted and sentenced by a court-martial for any offence which, if tried before the criminal court of said District, would not subject such person to imprisonment in said penitentiary, and who are now or may hereafter be confined therein, shall be discharged from said imprison- ment, upon such terms and conditions of further punishment as the President of the United-States may, in his discretion, impose as a com mutation of said sentence. Sec. 3. And be it further enacted, That upon the application of any citizen of the United States, supported by his oath, alleging that a person or persons in the military service, as aforesaid, are confined in said penitentiary under the sentence of a court-martial for any offence not punishable by imprisonment in the penitentiary by the authority of the criminal court aforesaid, it shall be the duty of the judge of said court, or, in case of his absence or inability, of one of the judges of the circuit court of said District, if upon an inspection of the record of proceedings of said court-martial, he shall find the facts to be as alleged in said application, immediately to issue the writ of habeas corpus to bring before him the said convict; and if, upon an investi- gation of the case, it shall be the opinion of such judge that the case of such convict is within the provisions of the previous sections of this act, he shall order such convict to be confined in the common jail of said District, until the decision of the President of the United States as to the commutation aforesaid shall be filed in said court, and then such convict shall be disposed of and suffer such punishment as by said commutation of his said sentence may be imposed. Sec. 4. And be it further enacted, That no person convicted upon the decision of a court-martial shall be confined in any penitentiary in the United States, except under the conditions of this act. Approved July 16, 1862. 10 VII .By the President of the United States of America: A Proclamation. In pursuance of the sixth section of the act of Congress entitled “An act to suppress insux-rection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes,” approved July 17,1862, and which act, and the joint resolution explan- atory thereof, are herewith published, I, Abraham Lincoln, President of the United States, do hereby proclaim to and warn all persons within the contemplation of said sixth section to cease participating in, aiding, countenancing, or abetting the existing rebellion, or any rebellion, against the Government of the United States, and to return to their proper allegiance to the United States, on pain of the forfeitures and seizures as within and by said sixth section provided. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty-fifth day of July, in the year of our Lord one thousand eight hundred and sixty- [l. s.] two, and of the Independence of the United States the eighty- seventh. ABRAHAM LINCOLN. By the President: William II. Seward, Secretary of State. Tublic—No. 160. An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the 11 court, he shall be imprisoned for not less than five years and fined not less than ten thousand dollars, and all his slaves, if any, shall be declared and made free; said fine shall be levied and collected on any or all of the property, real and personal, excluding slaves, of which the said person so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding. Sec. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the iaws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceed- ing ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court. Sec. 3. And be it further enacted, That every person guilty of either of the otfences described in this act shall be forever incapable and dis- qualified to hold any office under the United States. Sec. 4. And be. it further enacted, That this act shall not be con- strued in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is couvicted under this act. Sec. 5. And be it further enacted, That, to insure the speedy termi- nation of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the Army of the United States; that is to say: First. Of any person hereafter acting as an officer of the army or navy of the rebels in arms against the Government of the United States. Secondly. Of any person hereafter acting as President, Vice Presi- dent, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner or consul of the so-called Confederate States of America Thirdly. Of any person acting as Governor of a State, member of a convention or legislature, or judge of any court of any of the so-called Confederate States of America. Fourthly. Of any person who, having held an office of honor, trust, 12 or profit in the United States, shall hereafter hold an office in the so- called Confederate States of America. Fifthly. Of any person hereafter holding any office or agency under the government of the so-called Confederate States of America, or under any of the several States of the said Confederacy, or the laws thereof, whether such office or agency be national, state, or municipal in its name or character: Provided, That the persons thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of secession of the State, or shall have taken an oath of allegiance to, or to support the Constitution of, the so-called Confederate States. Sixthly. Of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion; and all sales, transfers, or conveyances of any such property shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section. Sec. 6. And be it further enacted, That if any person within any State or Territory of the United States, other than those named as aforesaid, after the passage of this act, being engaged in armed rebel- lion against the Government of the United States, or aiding or abet- ting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate and property, moneys, stocks, and credits of such person shall be liable to seizure as aforesaid, and it shall be the duty of the President to seize and use them as aforesaid or the proceeds thereof. And all sales, transfers, or conveyances of any such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section. Sec. 7. And be it further enacted, That to secure the condemnation and sale of any of such property, after the same shall have been seized, so that it may be made available for the purpose aforesaid, proceedings in rem shall be instituted in the name of the United States in any 13 district court thereof, or in any Territorial court, or in the United States district court for the District of Columbia, within which the property above described, or any part thereof, may be found, or into which the same, if movable, may first be brought, which proceedings shall con- form as nearly as may be to proceedings in admiralty or revenue cases; and if said property, whether real or personal, shall he found to have belonged to a person engaged in rebellion, or who has given aid or comfort thereto, the same shall be condemned as enemies’ property and become the property of the United States, and may be disposed of as the court shall decree, and the proceeds thereof paid into the Treasury of the United States for the purposes aforesaid. Sec. 8. And be it further enacted, That the several courts aforesaid shall have power to make such orders, establish such forms of decree and sale, and direct such deeds and conveyances to be executed and delivered by the marshals thereof where real estate shall be the subject of sale, as shall fitly and efficiently effect the purposes of this act, and vest in the purchasers of such property good and valid titles thereto. And the said courts shall have power to allow such fees and charges of their officers as shall be reasonable and proper in the premises. Sec. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the Government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them and coming under the control of the Government of the United States, and all slaves of such persons found on [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves. • Sec. 10. And be it further enacted, That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any wTay impeded or hindered of his liberty, except for crime, or some offence against the law's, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretence whatever, assume to decide on the validity 14 of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service. Sec. 11. And be it further enacted, That the President of the United States is authorized to employ as many persons of African descent as ho may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare. Sec. 12. And be it further enacted, That the President of the United States is hereby authorized to make provision for the transportation, colonization, and settlement, in some tropical country beyond me limits of the United States, of such persons of the African race, made free by the provisions of this act, as may be willing to emigrate, having first obtained the consent of the government of said country to their protection and settlement within the same, with all the rights and privileges of freemen. Sec. 13. And be it further enacted, That the President is hereby authorized, at any time hereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as ho may deem expedient for the public welfare. Sec. 14. And be it further enacted, That the courts of the United States shall have full power to institute proceedings, make orders and decrees, issue process, and do all other things necessary to carry this act into effect. Approved July 17, 1862. VIII..Public Resolution—No. 54. Joint Resolution explanatory of “An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes.” Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the third clause of the fifth section of “ An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes,” shall be so construed as not to apply to any act or acts done prior to the passage thereof, nor to include any 15 member of a State legislature or judge of any State court who has not, in accepting or entering upon his office, taken an oath to support the constitution of the so-called “ Confederate States of America nor shall any punishment or proceedings under said act be so con- strued as to work a forfeiture of the real estate of the offender beyond his natural life. Approved July 17, 1862. IX.. Public—No. 164. An Act to provide for the more prompt settlement of the accounts of disbursing officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act any officer or agent of the United States who shall receive public money which he is not authorized to retain as salary, pay, or emolument, shall render his accounts monthly, instead of quarterly, as heretofore; and such accounts, with the vouchers neces- sary to the correct and prompt settlement thereof, shall he rendered direct to the proper accounting officer of the Treasury, and be mailed or otherwise forwarded to its proper address within ten days after the expiration of each successive month. And in case of the non-receipt at the Treasury of any accounts within a reasonable and proper time thereafter, the officer whose accounts are in default shall be required to furnish satisfactory evidence of having complied with the provisions of this act; and for any default on his part the delinquent officer shall be deemed a defaulter, and be subject to all the penalties prescribed by the sixteenth section of the act of August sixth, eighteen hundred and forty-six, “ to provide for the better organization of the Treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenue:” Provided, That the Secretary of the Treasury may, if in his opinion the circumstances of the case justify and require it, extend the time hereinbefore prescribed for the rendition of accounts: And provided, further, That nothing herein contained shall he con- strued to restrain the heads of any of the departments from requiring such other returns or reports from the officer or agent subject to the control of such heads of departments as the public interest may require. Approved July 17, 1852. X.-Public—No. 165. 16 An Act to define the pay and emoluments of certain officers of the army, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That officers of the army entitled to forage for horses shall not be allowed to commute it, but may draw forage in kind for each horse actually kept by them when, and at the place where, they are on duty, not exceeding the number authorized by law: Provided, however, That when forage in kind can- not be furnished by the proper department, then, and in all such cases, officers entitled to forage may commute the same according to existing regulations: And provided, further, That officers of the army and of volunteers assigned to duty which requires them to be mounted, shall, during the time they are employed on such duty, receive the pay, emoluments, and allowances of cavalry officers of the same grade respectively. Sec. 2. And be it further enacted, That major generals shall be entitled to draw forage in kind for five horses; brigadier generals for four horses; colonels, lieutenant colonels, and majors, for two horses each; captains and lieutenants of cavalry and artillery, or having the cavalry allowance, for two horses each; and chaplains, for one horse only. Sec. 3. And be it further enacted, That whenever an officer of the army shall employ a soldier as his servant he shall, for each and every month during which said soldier shall be so employed, deduct from his own monthly pay the full amount paid to or expended by the govern- ment per month on account of said soldier; and every officer of the army who shall fail to make such deduction shall, on conviction thereof before a general court-martial, be cashiered. Sec. 4. And be it further enacted, That the first section of the act approved August six, eighteen hundred and sixty-one, entitled “An act to increase the pay of privates in the regular army and in the vol- unteers in the service of the United States, and for other purposes,” shall not be so construed, after the passage of this act, as to increase the emoluments of the commissioned officers of the army. And the eighth section of the act of twenty-second July, eighteen hundred and sixty-one, entitled “An act to authorize the employment of volunteers to aid in enforcing the larvs and protecting public property,” shall be 17 so construed as to give to quartermaster sergeants the same compen- sation as to regimental commissary sergeants. Sec. 5. And be it further enacted, That so much of the aforesaid act approved twenty-second July, eighteen hundred and sixty-one, as authorizes each regiment of volunteers in the United States service to have twenty-four musicians for a band, and fixes the compensation of the leader of the band, be, and the same is hereby, repealed; and the men composing such bands shall be mustered out of the service within thirty days after the passage of this act. [The provisions of this section will be forthwith carried into etfect. But in mustering the regimental bands out of service, all enlisted men who have been detached from companies to serve in them, but were not originally mustered in as members of the bands, will be returned to duty in their companies. Not having been enlisted as musicians, they are not entitled to discharge as such'. With their own consent, musicians of regimental bands, instead of being discharged, may be transferred, on their present enlistment, to form the brigade bands authorized by section 6 of this act, at the discretion of the brigade commanders.] Sec. 6. And be it further enacted, That each brigade in the volunteer service may have sixteen musicians as a band, who shall receive the pay and allowances now provided by law for regimental bands, except the leader of the band, who shall receive forty-five dollars per month with the emoluments and allowances of a quartermaster sergeant. Sec. 7. And be it further enacted, That in lieu of the present rate of mileage allowed to officers of the Army when travelling on public duty, where transportation in kind is not furnished to them by the government, not more than six cents per mile shall hereafter be allowed, unless where an officer is ordered from a station east of the Rocky mountains to one west of the same mountains, or vice versa, when ten cents per mile shall be allowed to him; and no officer of the Army or Navy of the United States shall be paid mileage except for travel actually performed at his own expense, and in obedience to orders. Sec. 8. And be it further enacted, That so much of section nine of the aforesaid act, approved July twenty-second, eighteen hundred and sixty-one, and of section seven of the “Act providing for the better organization of the military establishment,” approved August third, eighteen hundred and sixty-one, as defines the qualifications of chap- lains in the Army and volunteers, shall hereafter be construed to read 18 as follows: That no person shall be appointed a chaplain in the United States Army who is not a regularly ordained minister of some religious denomination, and who does not present testimonials of his present good standing as such minister, with a recommendation for his appoint- ment as an Army chaplain from some authorized ecclesiastical body, or not less than five accredited ministers belonging to said religious denomination. Sec. 9. And be it further enacted, That hereafter the compensation of all chaplains in the regular or volunteer service or Army hospitals shall be one hundred dollars per month and two rations a day when on duty; and the chaplains of the permanent hospitals, appointed under the authority of the second section of the act approved May twentieth, eighteen hundred and sixty-two, shall be nominated to the Senate for its advice and consent, and they shall, in all respects fill the require- ments of the preceding section of this act relative to the appointment of chaplains in the Army and volunteers, and the appointments of chaplains to Army hospitals, heretofore made by the President, are hereby confirmed; and it is hereby made the duty of each officer com- manding a district or post containing hospitals, or a brigade of troops, within thirty days after the reception of the order promulgating this act, to inquire into the fitness, efficiency, and qualifications of the chaplains of hospitals or regiments, and to muster out of service such chaplains as were not appointed in conformity with the requirements of this act, and who have not faithfully discharged the duties of chap- lains during the time they have been engaged as such. Chaplains employed at the military posts called “ chaplain posts” shall be required to reside at the posts, and all chaplains in the United States service shall be subject to such rules in relation to leave of absence from duty as are prescribed for commissioned officers of the United States Army stationed at such posts. Sec. 10 And be it further enacted, That so much of the fifth section of the act approved July twenty-second, eighteen hundred and sixty- one, as allows forty cents per day for the use and risk of the horses of company officers of cavalry, and the tenth section of the aforesaid act, approved August three, eighteen hundred and sixty-one, be, and the same are hereby, repealed. Sec. 11. And be it further enacted, That whenever an officer shall be put under arrest, except at remote military posts or stations, it shall be the duty of the officer by whose orders he is arrested to see that a copy of the charges on which he has been arrested and is to be tried shall 19 be served upon him within eight days thereafter, and that he shall be brought to trial within ten days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of the said ten days or the arrest shall cease: Provided, That if the copy of the charges be not, served upon the arrested officer, as herein provided, the arrest shall cease; but officers released from arrest under the provisions of this section may be tried whenever the exigencies of the service will permit, within twelve months after such release from arrest: And provided, further, That the provisions of this section shall apply to all persons now under arrest and awaiting trial. Sec. 12. And be it further enacted, That whenever the name of any officer of the army or marine corps, now in the service, or who may hereafter.be in the service of the United States, shall have been borne on the army register or naval register, as the case may be, forty-five years, or he shall bo of the age of sixty-two years, it shall be in the discretion of the President to retire him from active service and direct his name to be entered on the retired list of officers of the grade to which he belonged at the time of such retirement; and the President is hereby authorized to assign any officer retired under this section or the act of August third, eighteen hundred and sixty-one, to any appropriate duty; and such officer thus assigned shall receive the full pay and emolu- ments of his grade while so assigned and employed. Sec. 13. And be it further enacted, That all contracts made for, or orders given for the purchase of, goods or supplies by any department of the government shall be promptly reported to Congress by the proper head of such department if Congress shall at the time be in session, and if not in session said reports shall be made at the com- mencement of the next ensuing session. Sec. 14. And be it further enacted, That no contract or order, or any interest therein, shall be transferred by the party or parties to whom such contract or order may be given, to any other party or parties, and that any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned : Provided, That all rights of action are hereby reserved to the United States for any breach of such contract by the contracting party or parties. Sec. 15. And, be it further enacted, That every person who shall fur- nish supplies of any kind to the army or navy shall be required to mark and distinguish the same, with the name or names of the con- tractors so furnishing said supplies in such manner as the Secretary 20 of War and the Secretary of the Navy may respectively direct, and no supplies of any kind shall be received unless so marked and distin- guished. Sec. 16. And be it further enacted, That whenever any contractor for subsistence, clothing, arms, ammunition, munitions of war, and for every description of supplies for the army or navy of the United States, shall be found guilty by a court-martial of fraud or wilful neglect of duty, he shall be punished by fine, imprisonment, or such other punishment as the court-martial shall adjudge; and any person who shall contract to furnish supplies of any kind or description for the army or navy, he shall be deemed and taken as a part of the land or naval forces of the United States, for which he shall contract to furnish said supplies, and be subject to the rules and regulations for the government of the land and naval forces of the United States. Sec. 17. And be it further enacted, That the President of the United States be, and hereby is, authorized and requested to dismiss and discharge from the military service either in the army, navy, marine corps, or volunteer force, in the United States service, any officer for any cause Avhich, in his judgment, either renders such officer unsuit- able for, or whose dismission would promote, the public service. Sec. 18. And be it further enacted, That the President of the United States shall have power, whenever in his opinion it shall be expedient, to purchase 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 mili- tary establishment of the United States,’ ” approved the twenty-ninth of July, eighteen hundred and sixty-one, as authorizes the appoint- ment 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 Avith 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 author- ity of the commanding general of any military department of the 21 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, recognised 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 he paid for their services, already performed, as is now provided bylaw 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 aforesaid. 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 abol- ished, and all vacancies occurring in the grade of major shall be filled by selection from among the captains of the army. Approved July 17, 1862. XI.. Public—No. 166. An Act to amend the act calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, approved February twenty-eight, 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 he 22 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 con- tinue 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 enrolment 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 United 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 are, 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 regiments of infantry now in the United States service, the Presi- dent be, and he hereby is, authorized to accept the services of volun- teers in such numbers as may be presented for that purpose, for twelve months, if not sooner discharged. And such volunteers, when mus- tered into the service, shall be in all respects upon a footing with sim- ilar 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 gen- 23 eral, with the rank, pay, and emoluments of a colonel of cavalry, to whose office shall be returned, for revision, the records and proceed- ings of all courts-martial and military commissions, and where a record shall be kept of all proceedings had thereupon. And no sen- tence of death or imprisonment in the penitentiary, shall be carried into execution until the same shall have been approved by the resident. Sec. 6. And be it further enacted, That there may be appointed by the President, 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 garri- son court-martial shall be brought before a field officer of his regiment, who shall be detailed for that purpose, and who shall hear and deter- mine 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 in- flicted by a regimental or garrison court-martial. And provided, fur- ther, That, in the event of there being no brigade commander, the proceedings as aforesaid shall be submitted for approval to the com- manding 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 Depart- ment, exceeding the number authorized by law, shall be paid as such for the time they were actually employed 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 following officers, and no more, attached thereto, who shall con- stitute the staff of the commander thereof: one assistant adjutant gen- 24 eral, one quartermaster, one commissary of subsistence, and one assist ant inspector general, who shall hear, 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 he 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 col- onel, three majors, one surgeon, one assistant surgeon, one regimental adjutant, one regimental quartermaster, one regimental commissary, one sergeant major, one quartermaster sergeant, one commissary ser geant, two hospital stewards, one saddler sergeant, one chief trum- peter, 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 quarter- master sergeant, one commissary sergeant, five sergeants, eight cor- porals, two teamsters, two farriers or blacksmiths, one saddler, one wagoner, and seventy-eight privates; the regimental adjutants, the regimental quartermasters, and 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 he 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 ser- vice, 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 inconsist- ent with the Constitution and laws, as the President may prescribe. Sec. 13. And he 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 ene- 25 mies 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. XII.. Public—No. 167. 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 26 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 ascertain- ing 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 Kesolution 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 suspendall payments under the act approved twTenty-fiftli 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 27 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 he 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 organ- ized 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 afore- said, when payments shall be made as herein prescribed. Approved July 12, 1862. XIV.. Public—No, 168. 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 and sixty-two. [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 sixty-two, he 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.