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APPENDIX.
EXTRACTS
FROM ACTS OF CONGRESS.
1. IF any non-commissioned officer, musician,
or private shall desert the service of the United States, he shall,
in addition to the penalties mentioned in the Rules and Articles of
War, be liable to serve for and during such a period as shall, with
the time he may have served previous to his desertion, amount to the
full term of his enlistment; and such soldier shall and may be tried
by a court-martial, and punished, although the term of his
enlistment may have elapsed previous to his being apprehended or
tried.-Act 16th March, 1802, Sec. 18.
2. "That if any person shall sell,
exchange, or give, barter or dispose of; any spirituous liquor or
wine to an Indian (in the Indian country), such person shall forfeit
and pay the sum of five hundred dollars; and if any person shall
introduce, or attempt to introduce, any spirituous liquor or wine
into the Indian country, except such supplies as shall be .
necessary for the officers of the United States and troops of the
service, under the direction of the War Department, such person
shall forfeit and pay a sum not exceeding three hundred dollars; and
if any superintendent of Indian affairs, Indian agent, or sub-agent,
or commanding officer of a military post, has reason to suspect, or
is informed, that any white person or Indian is about to introduce,
or has introduced, any spirituous liquor or wine into the Indian
country, in violation of the provisions of this section, it shall be
lawful for such superintendent, Indian agent, or sub-agent, or
military officer, agreeably to such regulations as may be
established by the President of the United States, to cause the
boats, stores, packages, and places of deposit of such person to be
searched, and if any such spirituous liquor or wine is found, the
goods, boats, packages, and peltries of such persons shall be seized
and delivered to the proper officer, and shall be proceeded against
by libel, in the proper court, and forfeited, one half to the use of
the informer, and the other half to the use of the United States;
and if such person is a trader, his license shall be revoked and his
bond put in suit. And it shall moreover be lawful for any person in
the service of the United States, or for any Indian, to take and
destroy any ardent spirits or wine found in the Indian country,
excepting military supplies as mentioned in this section." -Act
30th June, 1834, Sec. 20.
3. "That if any person whatever shall,
within the limits of the Indian country, set up or continue any
distillery for manufacturing ardent spirits, he shall forfeit and
pay a penalty of one thousand dollars, and it shall be the duty of
the superintendent of Indian affairs, Indian agent, or subagent,
within the limits of whose agency the same shall be set up or
continued, forthwith to destroy and break up the same; and it shall
be lawful to employ the military force of the United States in
executing that duty."-Act 30th June, 1834, Sec. 21.
4. "That the twentieth section of the Act
to regulate trade and intercourse with the Indian tribes, and To
preserve peace on the frontiers,” approved June thirtieth,
eighteen hundred and thirty-four, be and the same is hereby so
amended, that, in addition to the fines thereby imposed, any person
who shall sell, exchange, or barter, give, or dispose of, any
spirituous liquor or wine to an Indian, in the Indian country, or
who shall introduce, or attempt to introduce, any spirituous liquor
or wine into the Indian country, except such supplies as may be
necessary for the officers of the United States and the troops of
the service, under the direction of the War Department, such person,
on conviction thereof, before the proper district court of the
United States, shall in the former case be subject to imprisonment
for a period not exceeding two years, and in the latter case not
exceeding one year, as shall be prescribed by the court, according
to the extent and criminality of the offense. And in all
prosecutions arising under this section, and under the twentieth
section of the act to regulate trade and intercourse with the Indian
tribes, and preserve peace on the frontiers, approved June
thirtieth, eighteen hundred and thirty-four, to which this is an
amendment, Indians shall be competent witnesses."-Act 3d March,
1847, Sec. 2.
5. "That no annuities, or moneys, or goods
shall be paid or distributed to the Indians while they are under the
influence of any description of intoxicating liquor; nor while there
are good and sufficient reasons for the officers or agents, whose
duty it may be to make such payments or distributions, for believing
that there is any species of intoxicating liquor within convenient
reach of the Indians; nor until the chiefs and head men of the tribe
shall have pledged themselves to use all their influence, and to
make all proper exertions to prevent the introduction and sale of
such liquor in their country."-Act 3d March, 1847, Sec. 3.
AN ACT to authorize the
employment of volunteers to aid in enforcing the laws and protecting
public property.
WHEREAS, certain of the forts, arsenals,
custom-houses, navy yards, and other property of the United States
have seen seized, and other violations of law have been committed
and are threatened by organized bodies of men in several of the
States, and a conspiracy has been entered into to overthrow the
government of the United States:
Therefore, Be it enacted by the Senate and
House of Representatives of the United States of America in Congress
assembled, That the President be and he is hereby authorized to
accept the services of volunteers, either as cavalry, infantry, or
artillery, in such numbers,* not exceeding five hundred thousand, as
he may deem necessary, for the purpose of repelling invasion,
suppressing insurrection, enforcing the laws, and preserving and
protecting the public property: Provided, That the services of the
volunteers shall be for such time as the President may direct, not
exceeding three years nor less than six months, and they shall be
disbanded at the end of the war. And all provisions of law
applicable to three years' volunteers shall apply to two years'
volunteers, and to all volunteers who have been, or may be, accepted
into the service of the United States for -a period not less than
six months, in the same manner as if such volunteers were specially
named. Before receiving into service any number of volunteers
exceeding those now called for and accepted, the President shall,
from time to time, issue his proclamation, stating the number
desired, either as cavalry, infantry, or artillery, and the States
from which they are to be furnished, having reference, in any such
requisition, to the number then in service from the several States,
and to the exigencies of the service at the time, and equalizing, as
far as practicable, the number furnished by the several States,
according to Federal population.
* As the exigencies of the service may, in
his opinion, demand, not exceeding 500,000, by Sec. 1 of Chp. 17,
July 25, 1861.
SEC. 2. And be it further enacted, That the
said volunteers shall be subject to the rules and regulations
governing the army of the United States, and that they shall be
formed, by the President, into regiments of infantry, with
the-exception of such numbers for cavalry and artillery, as he may
direct, not to exceed the proportion of one company of each of those
arms to every regiment of infantry, and to be organized as in the
regular service. Each regiment of infantry shall have one colonel,
one lieutenant-colonel, one major, one adjutant (a lieutenant), one
quartermaster (a lieutenant), one surgeon and one assistant surgeon,
one sergeant major, one regimental quartermaster sergeant, one
regimental commissary sergeant, one hospital steward, two principal
musicians, and twenty four musicians for a band; and shall be
composed of ten companies, each company to consist of one captain,
one first lieutenant, one second lieutenant, one first sergeant,
four sergeants, eight corporals, two musicians, one wagoner, and
from sixty-four to eighty-two privates.
SEC. 3. And be it further enacted, That these
forces, when accepted as herein authorized, shall be organized into
divisions of three or more brigades each; and each division shall
have a major-general, three aides-de-camp, and one assistant
adjutant-general with the rank of major. Each brigade shall be
composed of four or more regiments, and shall have one
brigadier-general, two aides-de-camp, one assistant adjutant-general
with the rank of captain, one surgeon, one assistant quartermaster,
and one commissary of subsistence.
SEC. 4. And be it further enacted, That the
President shall be authorized to appoint, by and with the advice and
consent of the Senate, for the command of the forces provided for in
this act, a number of major generals, not exceeding six, and a
number of brigadier-generals, not exceeding eighteen,* and the other
division and brigade officers required for the organization of these
forces, except the aides-de-camp, who shall be selected by their
respective generals from the officers of the army or volunteer
corps: Provided, That the President may select the major generals
and brigadier-generals provided for in this act from the line or
staff of the regular army, and the officers so selected shall be
permitted to retain their rank therein. The Governors of the States
furnishing volunteers under this act, shall commission the field,
staff, and company officers requisite for the said volunteers; but
in cases where the State authorities refuse or omit to furnish
volunteers at the call or on the proclamation of the President, and
volunteers from such States offer their services under such call or
proclamation, the President shall have power to accept such
services, and to commission the proper field, staff and company
officers.
* Such number of major-generals and of
brigadier-generals as may, in his judgment be required for their
organization."-Act July 25, 1861.
SEC. 5. And be it further enacted, That the
officers, non-commissioned officers, and privates, organized as
above set forth, shall, in all respects, be placed on the footing,
as to pay and allowances, of similar corps of the regular army:
Provided, That the allowances of non-commissioned officers and
privates for clothing, when not furnished in kind, shall be three
dollars and fifty cents per month, and that each company officer,
non-commissioned officer, private, musician, and artificer of
cavalry shall furnish his own horse and horse equipments, and shall
receive forty cents per day for their use and risk, except that in
case the horse shall become disabled, or shall die, the allowance
shall cease until the disability be removed or another horse be
supplied. Every volunteer non-commissioned officer, private,
musician, and artificer, who enters the service of the United States
under this act, shall be paid at the rate of fifty cents in lieu of
subsistence, and if a cavalry volunteer, twenty-five cents
additional, in lieu of forage, for every twenty miles of travel from
his place of enrolment to the place of muster-the distance to be
measured by the shortest usually traveled route; and when honorably
discharged, an allowance at the same rate, from the place of his
discharge to his place of enrolment, and, in addition thereto, if he
shall have served for a period of two years, or during the war, if
sooner ended, the sum of one hundred dollars: Provided, That such of
the companies of cavalry herein provided for, as may require it, may
be furnished with horses and horse equipments in the same manner as
in the United States Army.
SEC. 6. And be it further enacted, That any
volunteer who may be received into the service of the United States
under this act, and who may be wounded or otherwise disabled in the
service, shall be entitled to the benefits which have been or may be
conferred on persons disabled in the regular service; and the widow,
if there be one, and if not, the legal heirs of such as die, or may
be killed in service, in addition to all arrears of pay and
allowances, shall receive the sum of one hundred dollars.
SEC. 7. And be it further enacted, That the
bands of the regiments of infantry and of the regiments of cavalry
shall be paid as follows: one fourth of each shall receive the pay
and allowances of sergeants of engineer soldiers; one-fourth, those
of corporals of engineer soldiers; and the remaining half, those of
privates of engineer soldiers of the first class; and the leaders of
the band shall receive the same pay and emoluments as second
lieutenants of infantry.
SEC. 8. And be it further enacted, That the
wagoners and saddlers shall receive the pay and allowances of
corporals of cavalry. The regimental commissary sergeant shall
receive the pay and allowances of regimental sergeant major, and the
regimental* quartermaster sergeant shall receive the pay and
allowances of a sergeant of cavalry.
* The word "regimental" is
erroneously inserted.
SEC. 9. And be it further enacted, That there
shall be allowed to each regiment one chaplain, who shall be
appointed by the regimental commander on the vote of the field
officers and company commanders on duty with the regiment at the
time the appointment shall be made. The chaplain so appointed must
be a regular ordained minister of a Christian denomination, and
shall receive the pay and allowances of a captain of cavalry, and
shall be required to report to the colonel commanding the regiment
to which he is attached, at the end of each quarter, the moral and
religious condition of the regiment, and such suggestions as may
conduce to the social happiness and moral improvement of the troops.
SEC. 10. And be it further enacted, That the
general commanding a separate department or a detached army is
hereby authorized to appoint a military board or commission of not
less than three nor more than five officers, whose duty it shall be
to examine the capacity, qualifications, propriety of conduct, and
efficiency of any commissioned officer of volunteers within his
department or army, who may be reported to the board or commission,
and upon such report, if adverse to such officer, and if approved by
the President of the United States, the commission of such officer
shall be vacated: Provided always, That no officer shall be eligible
to sit on such board or commission whose rank or promotion would in
any way be affected by its proceedings, and two members at least, if
practicable, shall be of equal rank of the officer being examined.
And when vacancies occur in any of the companies of volunteers, an
election shall be called by the colonel of the regiment to fill such
vacancies, and the men of each company shall vote in their
respective companies for all officers as high as captain, and
vacancies above captain shall be filled by the votes of the
commissioned officers of the regiment, and all officers so elected
shall be commissioned by the respective Governors of the States, or
by the President of the United States.*
SEC. 11. And be it further enacted, That all
letters written by soldiers in the service of the United States may
be transmitted through the mails without pre-payment of postage,
under such regulations as the Post-Office Department may prescribe,
the postage thereon to be paid by the recipients.
SEC. 12. And be it further enacted, That the
Secretary of War be, and he is hereby, authorized and directed to
introduce among the volunteer forces in the service of the United
States, the system of allotment tickets now used in the navy, or
some equivalent system, by which the family of the volunteer may
draw such portions of his pay as he may request. [APPROVED July 22,
1861.]
AN ACT in addition to the
" Act to authorize the employment of volunteers to aid in
enforcing the laws and protecting public property," approved
July twenty-second, eighteen hundred and sixty-one.
Be it enacted 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 accept the services of volunteers, either as
cavalry, infantry, or artillery, in such numbers as the exigencies
of the public service may, in his opinion, demand, to be organized
as authorized by the act of the twenty-second of July, eighteen
hundred and sixty-one: Provided, That the number of troops hereby
authorized shall not exceed five hundred thousand
SEC. 2. And be it further enacted, That the
volunteers authorized by this act shall be armed as the President
may direct; they shall be subject to the rules and articles of war,
and shall be upon the footing, in all respects, with similar corps
of the United States Army, and shall be mustered into the service
for "during the war”.
SEC. 3. And be it further enacted, That the President
shall be authorized to appoint, by and with the advice and consent
of the Senate, for the command of the volunteer forces, such number
of major-generals and of brigadier-generals as may, in his judgment,
be required for their organization. [APPROVED July 25, 1861.] |
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