re-examined, and, upon a second failure, shall be dropped by the president from the 3 March 1863. army. IV. ORDNANCE DEPARTMENT. 12 Stat. 287. ordnance 29. There shall be added to the ordnance department of the United States army, as 3 Aug. 1861 33. now organized, one chief of ordnance, with the rank, pay and emoluments of the quartermaster-general of the army, one colonel, one lieutenant-colonel, and six second lieu- Increase of tenants; the field officers to be appointed by selection from the officers of the army, department. and the second lieutenants from the graduates of the United States military academy, Appointments. by transfers from the engineers, or the topographical engineers or the artillery. 30. That so much of the first section of the act approved August 5th 1854, (a) as 6 Aug. 1861 g 5. authorizes the appointment of civilians to superintend the national armories, be and the 12 Stat. 318. same is hereby repealed, and that the superintendents of these armories shall be ap- Ordnance officers. pointed hereafter from officers of the ordnance department. 12 Stat. 508. enlisted men. 12 Stat. 743. 31. The enlisted men of the ordnance department, now designated as master-work- 5 July 1862 3. men, shall hereafter be designated and mustered as sergeants; those now designated as armorers, carriage-makers and blacksmiths shall be designated and mustered as corpo- Rank and pay of rals; those now designated as artificers shall be designated and mustered as privates of the first class; and those now designated as laborers shall be designated and mustered as privates of the second class: Provided, That the pay, rations and clothing now authorized by law to the respective grades of enlisted ordnance men shall not be changed. 32. There shall be added to the ordnance department (b) one lieutenant-colonel, two 8 March 1863 3 4. majors, eight captains, eight first lieutenants; the additional officers herein authorized to be appointed by promotion, so far as the present officers of the ordnance corps will Additional permit; and the residue to be appointed by transfers from other regiments or corps of the army: Provided, That no officer of the ordnance department below the rank of a field officer shall be promoted or commissioned to a higher grade, nor shall any officer of the army be commissioned as an ordnance officer until he shall have passed a satis Examination for factory examination before a board of not less than three ordnance officers senior to him Bitment or in rank; and should such officer fail on such examination he shall be suspended from promotion or appointment for one year, when he may be re-examined before a. like board; and if, upon such second examination, an ordnance officer fail he shall be dismissed from the service, and if an officer of the army he shall not be commissioned. V. QUARTERMASTER'S DEPARTMENT. officers. promotion. 11 Stat. 432. 33. No permanent barracks and quarters shall hereafter be constructed unless de- 3 March 1859 21. 'tailed estimates shall have been previously submitted to congress, and shall have been approved by a special appropriation for the same. 12 Stat. 287.. Additional Officers. Promotion. 34. There shall be added to the quartermaster's department one colonel, two lieuten- 3 Aug. 1861 33. ant-colonels, four majors and twenty captains, with the rank, pay and allowances of officers of cavalry; and whenever any army captain of the quartermaster's department shall have served fourteen years continuous service he shall be promoted to the rank of major; and that there shall be added to the quartermaster's department as many master wagoners, with the rank, pay and allowances of sergeants of cavalry, and as many Wagoners. wagoners, with the pay and allowances of corporals of cavalry, as the military service, in the judgment of the president, may render necessary. 35. That the president of the United States be and he hereby is authorized, by and 5 July 1862 ? 8. with the consent of the senate, to appoint as many military storekeepers in the quar- 12 Stat. 509. termaster's department of the army as the exigencies of the service may require; pro- Military vided the whole number of military storekeepers in that department shall not exceed twelve. VI. COMMISSARY DEPARTMENT. storekeepers. 12 Stat. 648. in the com. 36. That there be added to the subsistence department of the army one brigadier- 9 Feb. 1863 1. general, to be selected from the subsistence department, who shall be commissarygeneral of subsistence, and, by regular promotion, one colonel, one lieutenant-colonel Additional offiand two majors; the colonels and lieutenant-colonels to be assistant commissaries-nary departgeneral of subsistence, and that vacancies in the above-mentioned grades shall be filled ment. by regular promotions in said department. And the vacancies created by promotions. herein authorized may be filled by selections from the officers of the regular or volunteer force. VII. STAFF OFFICERS. 12 Stat. 66. 37. That there be added to the staff of the army one signal officer, with the rank, pay 21 June 1860 ? 1. and allowances of a major of cavalry, who shall have charge, under the direction of the secretary of war, of all signal duty, and of all books, papers and apparatus connected Signal officer. therewith.(c) (a) 10 Stat. 578. (b) During the rebellion only, by 12. (c) See infra 39-42. 17 July 1862 22. 12 Stat. 597. 38. 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 the grade of captain in said department shall thereafter be abolished, and all vacancies general's depart. occurring in the grade of major shall be filled by selection from among the captains of the army. Additional officers in adjutant ment. 21 June 1860 2. 12 Stat. 67. 3 Aug. 1861 5. Medical cadets to VIII. SIGNAL CORPS. 39. The signal corps of the army shall, during the present rebellion, be organized as follows: There shall be one chief signal officer, a colonel, who shall be signal officer of the army; one lieutenant-colonel; two majors, who shall be inspectors; and for each army corps or military department there shall be one captain and as many lieutenants, not exceeding eight, as the president may deem necessary, to be appointed by the president, by and with the advice and consent of the senate, who shall receive the pay and emoluments of cavalry officers of similar grades; and for each officer of the signal corps there may be enlisted or detailed one sergeant and six privates, who shall receive the pay of similar grades of engineer soldiers: Provided, That no officer or enlisted man shall be allowed to serve in the signal corps until he shall have been examined and approved by a military board, to be convened for that purpose by the secretary of war. 40. The officers and enlisted men herein provided for shall be subject to the rules and articles of war. They may be mounted upon horses, the property of the United States, and shall serve in any military department, or with any forces to which they may be ordered. And officers of the army who may be appointed in this corps may, after the rebellion, be restored to their respective regiments or corps, and receive the same rank and promotion as if they had continued to serve therein. 41. There shall be appointed in the office of the signal officer two clerks of class two. And in selecting officers and men for the organization of the signal corps, as herein provided, preference shall be given to such as have served faithfully, or as are now serving in the acting signal corps of the army. 42. In order to allow time for their thorough examination, the president may appoint the officers authorized by this act during the recess of congress; which appointments shall be submitted to the senate at their next session for their advice and consent. IX. MEDICAL DEPARTMENT. 43. That there be added to the medical corps of the army four surgeons and four assistant surgeons, to be appointed in accordance with the existing laws. 44. That there be added to the medical staff of the army a corps of medical cadets, whose duty it shall be to act as dressers in the general hospitals, and as ambulance attendants in the field, under the direction and control of the medical officers alone. They shall have the same rank and pay as the military cadets at West Point. Their number shall be regulated by the exigencies of service, at no time to exceed fifty. It shall be composed of young men of liberal education, students of medicine, between the ages of eighteen and twenty-three, who have been reading medicine for two years, and have Term of service. attended at least one course of lectures in a medical college. They shall enlist for one year, and be subject to the rules and articles of war. On the fifteenth day of the last month of their service, the near approach of their discharge shall be reported to the surgeon-general, in order, if desired, that they may be relieved by another detail of applicants. 45. In general or permanent hospitals female nurses may be substituted for soldiers, when, in the opinion of the surgeon-general or medical officer in charge, it is expedient may be employed to do so; the number of female nurses to be indicated by the surgeon-general or surgeon in charge of the hospital. The nurses so employed to receive forty cents a day and one ration in kind, or by commutation, in lieu of all emoluments except transportation in kind. Ibid. 26. Female nurses in hospitals. 16 April 1862 12 Stat. 378. 1. Temporary increase of medical department. 46. There shall be added to the present medical corps of the army ten surgeons and ten assistant surgeons, to be promoted and appointed under existing laws, twenty medical cadets, and as many hospital stewards as the surgeon-general may consider necessary for the public service; and their pay and that of all hospital stewards in the volunteer as well as the regular service shall be thirty dollars per month, to be Rations of cadets. computed from the passage of this act. And all medical cadets in the service shall, iu addition to their pay, receive one ration per day either in kind or commutation. 47. The surgeon-general to be appointed under this act shall have the rank, pay and Rank and pay of emoluments of a brigadier-general. There shall be one assistant surgeon-general and surgeon-general, one medical inspector-general of hospitals, each with the rank, pay and emoluments of a colonel of cavalry; and the medical inspector-general shall have, under the direction of the surgeon-general, the supervision of all that relates to the sanitary condition of the army, whether in transports, quarters or camps, and of the hygiene, police, discipline and efficiency of field and general hospitals, under such regulations as may hereafter be established. Ibid. 2. assistant surgeon-general, and medical inspector-general. 48. There shall be eight medical inspectors, with the rank, pay and emoluments each 16 April 1862. of a lieutenant-colonel of cavalry, and who shall be charged with the duty of inspecting Medical the sanitary condition of transports, quarters and camps of field and general hospitals, inspectors. and who shall report to the medical inspector-general, under such regulations as may be hereafter established, all circumstances relating to the sanitary condition and wants of troops and of hospitals, and to the skill, efficiency and good conduct of the officers and attendants connected with the medical department. 49. The surgeon-general, the assistant surgeon-general, medical inspector-general and medical inspectors, shall immediately after the passage of this act be appointed by the president, by and with the advice and consent of the senate, by selection from the medical corps of the army, or from the surgeons in the volunteer service, without regard to their rank when so selected, but with sole regard to qualifications. Ibid. 24. Appointments. Ibid. 25. 50. Medical purveyors shall be charged, under the direction of the surgeon-general, with the selection and purchase of all medical supplies, including new standard prepa- Duties of medical rations, and of all books, instruments, hospital stores, furniture and other articles purveyors. required for the sick and wounded of the army. In all cases of emergency, they may provide such additional accommodations for the sick and wounded of the army, and may transport such medical supplies as circumstances may render necessary, under such regulations as may hereafter be established, and shall make prompt and immediate issues upon all special requisitions made upon them under such circumstances by medical officers; and the special requisitions shall consist simply of a list of the articles required, the quantities required, dated and signed by the medical officers requiring them. Ibid. 26. 51. Whenever the inspector-general, or any one of the medical inspectors, shall report an officer of the medical corps as disqualified, by age or otherwise, for promotion to a When medical higher grade, or unfitted for the performance of his professional duties, he shall be officers may be reported by the surgeon-general for examination to a medical board, as provided by the 17th section of the act approved August 3d 1861.(a) retired. Ibid. 7. 52. The provisions of this act shall continue and be in force during the existence of the present rebellion and no longer: Provided, however, That, when this act shall expire, Limitation of act. all officers who shall have been promoted from the medical staff of the army under this act shall retain their respective rank in the army, with such promotion as they would have been entitled to. 12 Stat. 385. ors may dismen for permanent physical charge enlisted 53. The medical inspector-general or any medical inspector, is hereby authorized and 14 May 1862 3 1. empowered to discharge from the service of the United States any soldier or enlisted man, with the consent of such soldier or enlisted man, in the permanent hospitals, Medical inspectlaboring under any physical disability which makes it disadvantageous to the service that he be retained therein; and the certificate in writing of such inspector-general or medical inspector, setting forth the existence and nature of such physical disability, disability. shall be sufficient evidence of such discharge: Provided, however, That every such certificate shall appear on its face to have been founded on personal inspection of the soldier Certificate. so discharged, and shall specifically describe the nature and origin of such disability; and that such discharge shall be without prejudice to the right of such soldier or enlisted man to the pay due him at the date thereof; and report the same to the adjutantgeneral and the surgeon-general. 12 Stat. 403. storekeepers. Pay. 54. That the secretary of war be authorized to add to the medical department of the 20 May 1862 31. army, medical storekeepers, not exceeding six in number, who shall have the pay and emoluments of military storekeepers in the quartermaster's department, who shall be Medical skilled apothecaries or druggists, who shall give the bond and security required by existing laws for military storekeepers in the quartermaster's department, and who shall Bonds. be stationed at such points as the necessities of the army may require: Provided, That the provisions of this act shall remain in force only during the continuance of the present rebellion. 55. Medical purveyors and storekeepers shall give bonds in such sums as the secre- 17 July 1862216. tary of war may require with security to be approved by him. 12 Stat. 600. 56. There shall be added to the present medical corps of the army eight medical 27 Dec. 1862 31. inspectors, who shall, immediately after the passage of this act, be appointed by the 12 Stat. 633. president, by and with the advice and consent of the senate, without regard to their Additional medirank when so selected, but with sole regard to qualifications, and who shall have the cal inspectors. rank, pay and emoluments now authorized by law to officers of that grade. Ibid. § 2. 57. The officers of the medical inspector's department shall be charged, in addition to the duties now assigned to them by existing laws, with the duty of making regular Discharge of soland frequent inspections of all military general hospitals and convalescent camps, and diers for shall, upon each such inspection, designate to the surgeon in charge of such hospitals disability. 11 July 1862. 3 Aug. 1861 27. 12 Stat. 288. Regimental chaplains. 20 May 1862 2. 12 Stat. 404. Hospital chaplains. 17 July 1862 8. 12 Stat. 595. chaplains. or camps, all soldiers who may, be in their opinion, fit subjects for discharge from the service, on surgeon's certificate of disability, or sufficiently recovered to be returned to their regiments for duty, and shall see that such soldiers are discharged or so returned. And the medical inspecting officers are hereby empowered, under such regulations as may be hereafter established, to direct the return to duty or the discharge from service, as the case may be, of all soldiers designated by them. X. CHAPLAINS. 58. One chaplain shall be allowed to each regiment of the army, to be selected and appointed as the president may direct: [Provided, That none but regularly ordained ministers of some Christian denomination shall be eligible to selection or appointment.] 59. The president of the United States is hereby authorized to appoint, if he shall deem it necessary, a chaplain for each permanent hospital, whese pay, with that of chaplains of hospitals heretofore appointed by him, shall be the same as that of regimental chaplains in the volunteer force, and who shall be subject to such rules in relation to leave of absence from duty as are prescribed for commissioned officers of the army. 60. So much of section nine of the aforesaid act, approved July 22d 1861,(a) and of section seven of the "act providing for the better organization of the military establishQualifications of ment," approved August 3d 1861, (b) as defines the qualifications of chaplains in the army and volunteers, shall hereafter be construed to read 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 appointment as an army chaplain from some authorized ecclesiastical body, or not less than five accredited ministers belonging to said religious denomination. Ibid. 29. Compensation. Inquiry into qualification of chaplains. Residence at posts. 3 March 1863 1. 12 Stat. 758. 61. 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 20th 1862, (c) shall be nominated to the senate for its advice and consent, and they shall, in all respects, fill the requirements 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 commanding 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 chaplains during the time they have been engaged as such. Chaplains employed at the military posts called "chaplains' 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. XI. BREVET RANK. 62. That the president of the United States be and he hereby is authorized, by and with the advice and consent of the senate, to confer brevet rank upon such commissioned officers of the volunteer and other forces in the United States service as have been, or may hereafter be distinguished by gallant actions or meritorious conduct; guished services. which rank shall not entitle them to any increase of pay or emoluments. President may confer brevet rank for distin 16 Mar. 1802 11. 2 Stat. 134. XII. ENLISTMENTS. 63. The non-commissioned officers who shall be employed in the recruiting service, tɔ keep up by voluntary enlistment, the corps aforesaid, shall be entitled to receive for Who may be en- every effective able-bodied citizen of the United States, (d) who shall be duly enlisted by listed. Age and size. Minors not to be (a) Infra 138. him for the term of five years and mustered, of at least five feet six inches high,(e) and between the ages of eighteen and thirty-five years, (g) the sum of two dollars; (h) Provided, nevertheless, That this regulation, so far as respects the height and age of the recruit, shall not extend to musicians, or to those soldiers who may re-enlist into the service: And provided also, That no person under the age of twenty-one years shall be enlisted by any officer, or held in the service of the United States, without the consent (d) The enlistment of an alien is binding. United States v. Wyngall, 6 Law Rep. 164. (e) See ante 73, pl. 170. consent of pa of his parent, (a) guardian or master, (b) first had and obtained, (c) if any he have.(d) 16 March 1802. And if any officer shall enlist any person contrary to the true intent and meaning of this act, for every such offence he shall forfeit and pay the amount of the bounty and rents, &c. clothing which the person so recruited may have received from the public, to be deducted Penalty for so out of the pay and emoluments of such officer.(e) doing. 11 Stat. 336. 64. It shall be lawful for any commissioned officer of the army to administer the pre- 12 June 1858 3. scribed oath of enlistment to recruits: Provided, The services of a civil magistrate authorized to administer the same cannot be obtained. Oath to recruits. 65. That the three months' extra pay allowed by the 29th section of the act of the 3 Aug. 1861 29. 5th of July 1838, (g) for re-enlistments under certain conditions, the bounty granted by 12 Stat. 288. for re-enlistments the 3d section of the act of the 17th of June 1850, (h) for enlistments at remote and Certain bounties distant stations [and the premium now paid for bringing accepted recruits to the ren- abolished. dezvous], be and they are hereby abolished. Ibid. 11. 66. In all cases of enlistment and re-enlistment in the military service of the United States the prescribed oath of allegiance may be administered by any commissioned offi- who may admincer of the army. ister oath. 12 Stat. 339. minors over 18 years of age authorized. 12 Stat. 620. 67. That the fifth section of the act of 28th September 1850, (i) providing for the dis- 13 Feb. 1862 ? 2. charge from the service of minors enlisted without the consent of their parents or guardians be and the same hereby is repealed: Provided, That hereafter no person under Enlistment of the age of eighteen shall be mustered into the United States service, and the oath of enlistment taken by the recruit shall be conclusive as to his age.(k) 68. That so much of the ninth section of the act approved August 3d 1861, entitled 21 June 1862 ? 1. "An act [providing] for the better organization of the military establishment," as abolishes the premium paid for bringing accepted recruits to the rendezvous, be and the Premium for same is hereby repealed, and hereafter a premium of two dollars shall be paid to any citizen, non-commissioned officer or soldier for such accepted recruit for the regular army he may bring to the rendezvous. And every soldier who hereafter enlists, either in the Advance pay. regular army or the volunteers for three years or during the war, may receive his first month's pay in advance upon the mustering of his company into the service of the United States, or after he shall have been mustered into and joined a regiment already in the service. recruits. 69. That general orders of the war department numbered 154 and 162, in reference 3 Mar. 1863 8 36. to enlistments from the volunteers into the regular service, be and the same are hereby rescinded, and hereafter no such enlistments shall be allowed. XIII. ARTICLES OF WAR. 12 Stat. 736. Volunteers not to be enlisted. 12 Stat. 316. defined. Ibid. 3. 12 Stat. 330. 70. Any commissioned officer of the army, navy or marine corps who, having tendered 5 Aug. 1861 ? 2. his resignation, shall, prior to due notice of the acceptance of the same by the proper authority and without leave, quit his post or proper duties with the intent to remain Desertion permanently absent therefrom, shall be registered as a deserter and punished as such. 71. Flogging as a punishment in the army is hereby abolished. 72. In time of war, the commander of a division or separate brigade may appoint 24 Dec. 1861 ₹ 1. general courts martial, and confirm, execute, pardon and mitigate their sentences, as allowed and restrained in the sixty-fifth and eighty-ninth articles of war to commanders who may appoint of armies and departments: Provided, That sentences of such courts extending to loss of general courts life, or dismission of a commissioned officer, shall require the confirmation of the general of war. commanding the army in the field to which the division or brigade belongs: And Their provided further, That when the division or brigade commander shall be the accuser or prosecutor, the court shall be appointed by the next higher commander. 73. The second section of the act of the 10th of April 1806,(7) shall be and the same is hereby so amended as to read as follows:— martial in time powers. 13 Feb. 1962 ? 4. 12 Stat. 339. "In time of war or rebellion against the supreme authority of the United States, all Punishment of persons who shall be found lurking as spies, or acting as such, in or about the fortifica- spies. tions, encampments, posts, quarters or headquarters of the armies of the United States, (a) A mother is a parent within the act. Commonwealth v. CalIan, 6 Binn 255. Shorner's Case, 1 Car. L Rep. 55. (b) If an apprentice enlist in the army, the courts will not, upon a habeas corpus issued at the relation of the master, remand the apprentice to his custody, if he be unwilling to return, but will leave the master to his suit against the officer. The habeas empus act is intended to secure personal liberty, not to decide disputes about property. Commonwealth e. Robinson, 1 S. & R. 353. Commonwealth Harris, 7 Penn. L. J. 283.. (c) A consent in writing after the enlistment, will render it valid. Commonwealth v. Camac, 1 S. & R. 87. (d) This act is still in force, and the state courts have jurisdiction, on habeas corpus, to discharge one enlisted contrary to its provisions. Wilson's Case, 18 Leg. Int. 316. Dobb's Case, 9 Am. L. R. 565; dissenting from Phelan's Case, 9 Abbott 286. And see Cnited States v. Wright, 20 Leg. Int. 21; and Commonwealth v. Carter, Ibid. Henderson's Case, Ibid. 181. (e) Reenacted by act 12 April 180o, 2 5; 2 Stat. 483; and act 3 March 1815, 7: 3 Stat. 225. (g) 5 Stat. 200. See ante 73, note e. (i) Ante 73, pl. 172. (1) Since the passage of this act, a minor between the ages of eighteen and twenty-one, may be enlisted without the consent of his parents. Follis's Case, 19 Leg. Int. 276. But see United States . Wright, 20 Leg. Int. 21, and Commonwealth r. Carter, Ibid.; Henderson's Case, Ibid. 181, where it is held, that the act of 1802 is still in force, and that such enlistment is void. In Shirk's Case, however, a discharge, under similar circumstances, was refused. 20 Leg. Int. 260. The oath of enlistment though conclusive upon the recruiting officer, is not so upon the courts. Webb's Case, 10 Pittsburgh Log. J. 106. Contra, United States v. Taylor, 20 Leg. Int. 284. Jordan's Case, 11 Am. F. R. 749. A prisoner of war paroled by the enemy is not entitled to his discharge, although a minor, until exchanged. Henderson's Case, 20 Leg. Int. 151. (1) Ante 83, pl. 275. |