serters on board away, or aid in carrying him away, knowing him to be such; or who shall purchase 3 March 1962. from any soldier his arms, equipments, ammunition, uniform, clothing or any part For purchasing thereof; and any captain or commanding officer of any ship or vessel, or any superin- arms, &c. tendent or conductor of any railroad, or any other public conveyance, carrying away For receiving deany such soldier as one of his crew or otherwise, knowing him to have deserted, or of ship, &c. shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of any court having cognisance of the same, in any sum not exceeding five hundred dollars, and he shall be imprisoned not exceeding two years nor less than six months. 124. The commanders of regiments and of batteries in the field are hereby authorized and empowered to grant furloughs, for a period not exceeding thirty days at any one time, to five per centum of the non-commissioned officers and privates, for good conduct in the line of duty, and subject to the approval of the commander of the forces of which such non-commissioned officers and privates form a part. Ibid. 32. Furloughs. Ibid. 235. 125. Details to special service shall only be made with the consent of the commanding officer of forces in the field; and enlisted men, now or hereafter detailed to special Details for speservice, shall not receive any extra pay for such services beyond that allowed to other cial service. enlisted men. 12 Stat. 743. 126. All payments of advance bounty made to enlisted men who have been discharged 3 Mar. 1863 2 6. before serving out the term required by law for its payment in full, shall be allowed in the settlement of the accounts of paymasters at the treasury; but hereafter, in all such Advance bounty cases, the amount so advanced shall be charged against the enlisted men, unless the discharge be upon surgeon's certificate for wounds received, or sickness incurred, since To be charged to their last enlistment. to be credited to paymasters. enlisted men. Ibid. S. 127. The officers of the medical department shall unite with the line officers of the army under such rules and regulations as shall be prescribed by the secretary of war, Supervision of in supervising the cooking within the same, as an important sanitary measure; and cooking. said medical department shall promulgate to its officers such regulations and instruc tions as may tend to inure the proper preparation of the ration of the soldier. 128. Cooks shall be.detailed, in turn, from the privates of each company of troops Ibid. 29. in the service of the United States, at the rate of one cook for each company numbering Details for less than thirty men, and two cooks for each company numbering over thirty men, who cooking. shall serve ten days each. Ibid. 10. 129. That the president of the United States be, and he is hereby, authorized to cause to be enlisted, for each cook, two under-cooks of African descent, who shall Enlistment of receive for their full compensation ten dollars per month, and one ration per day; three negro cooks. dollars of said monthly pay may be in clothing. XVIII. VOLUNTEERS. 12 Stat. 268. teers accepted. 130. That the president be and he is hereby authorized to accept the services of vol- 22 July 1861 2 1. unteers, 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, Services of volunsuppressing insurrection, enforcing the laws, and preserving and protecting the public property:(a) Provided, That the services of the volunteers shall be for such time as the Term of service. 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 Duties of the receiving into service any number of volunteers exceeding those now called for and president. 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. Ibid. 22. 131. The said volunteers shall be subject to the rules and regulations governing the army of the United States, and they shall be formed by the president into regi- To be subject to ments of infantry, with the exception of such numbers for cavalry and artillery as he articles of war. 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 Organization of infantry shall have one colonel, one lieutenant-colonel, one major, one adjutant (a lieu (a) One who has offered himself as a volunteer into the service of the United States, who has been received and accepted as such, and who has been armed, subsisted, and paid by the United States as a volunteer, and has rendered service, cannot deny the validity of his enlistment, or contract of his engagement for the number of years specified in the muster-roll, upon any ground of informality of proceeding in the enlistment. Stevens's Case, 24 Law Rep. 205; and see Commonwealth v. Rogers, 10 Pittsburgh regiments. Leg. J. 178. The acts of congress prohibiting the enlistment of minors in the army, without the consent of their parents, have no application to enlistment as a volunteer; it is a state contract, and governed by the laws of the several states. Lanalian v. Birge, 20 Leg. Int. 276. And see Dew's Case, 25 Law Rep. 538. Contra, Com. e. Archer, 9 Law Rep. 465. Kimball's Case, Ibid. 509. Bamfield v. Abbot, Ibid. 510. Kinneston's Case, Ibid. 648. 22 July 1861. Ibid. 3. Divisions and brigades. Ibid. 4. Major-generals and brigadiergenerals. tenant), one quartermaster (a lieutenant), one surgeon and one assistant surgeon, one sergeant-major, one regimental quartermaster-sergeant, one regimental commissarysergeant, one hospital steward [two principal musicians, and twenty-four musicians for a band], (a) 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. 132. 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 brigadiergeneral, two aides-de-camp, one assistant adjutant-general with the rank of captain, one surgeon, one assistant quartermaster and one commissary of subsistence. 133. 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 majorgenerals, 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 comof field, staff, and mission the field, staff and company officers requisite for the said volunteers; but in May be selected from the army. Commissioning company officers. Ibid. 25. Pay and allow ances. Commutation of subsistence, for age, and travel. Bounty on discharge. Ibid. 26. Provision for vol 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. 134. 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.] (b) 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, twentyfive 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 travelled 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. 135. 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 unteers wounded 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. (c) or disabled in the service. Ibid. 7. Pay of musicians. Ibid. 28. Wagoners, saddlers and noncommissioned staff officers. 136. 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. (d) 137. 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. (a) Regimental bands to be mustered out of service by act 17 July 1862, 25. 12 Stat. 594. and in that case, such bounty shall be paid to the following per- 138. There shall be allowed to each regiment one chaplain, who shall be appointed 22 July 1861 3 9. by the regimental commander, on the vote of the field officers and Chaplains. 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, (a) 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. Ibid. 10. Board for exami sioned officers. 139. 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 nation of commisof 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. Ibid. 11. Ibid. 12. 140. All letters written by soldiers in the service of the United States, may be transmitted through the mails without prepayment of postage, under such regulations as the Soldiers' letters. post office department may prescribe, the postage thereon to be paid by the recipients. 141. 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 families of solthe volunteer may draw such portions of his pay as he may request. Allotments to diers. 12 Stat. 274. 142. That the president of the United States be and he is hereby authorized to accept 25 July 1861 2 1. 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 Additional volunauthorized by the act of the 22d of July 1861: Provided, That the number of troops rized. hereby authorized shall not exceed five hundred thousand. teer force autho Ibid. 22. 143. 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 foot- To be mustered ing, in all respects, with similar corps of the United States army, and shall be mustered in for the war. into the service for "during the war." 144. The president shall be authorized to appoint, by and with the advice and consent Ibid. 23. of the senate, for the command of the volunteer forces, such number of major-generals General officers. and of brigadier-generals as may, in his judgment, be required for their organization.(b) 12 Stat. 285. 145. The president, in accepting and organizing volunteers under the act entitled 31 July 1801 2 2. "An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property," approved July 22d 1861, may accept the service of such Volunteers may volunteers without previous proclamation, and in such numbers from any state or states out previous proas, in his discretion, the public service may require. be accepted with clamation. 12 Stat. 318. Appointment of commissioned of ficers to fill va cancies. 24 Dec. 1861 2 1. 12 Stat. 381. 146. Vacancies hereafter occurring among the commissioned officers of the volunteer 6 Aug. 1861 33. regiments shall be filled by the governors of the states respectively in the same manner as original appointments. And so much of the 10th section of the act approved July 22d 1861, as is inconsistent herewith, be and the same is hereby repealed. 147. The president of the United States shall appoint, for each state having volunteers in the United States service, not exceeding three persons, who shall be authorized by the president's commission to visit the several departments of the army in which Commissioners to volunteers from their respective states may be, and there procure from said volunteers procure allotfrom time to time their respective allotments of their pay to their families or friends, ments of pay for duly certified in writing, and by them, or by some commissioned officer of such depart- teers. ment, attested in pursuance of such orders as may be made for that purpose by the Payment to be secretary of war, and upon which certified allotment the several paymasters shall, at lotments. each regular payment to troops, give drafts payable in the city of New York, to the order of such persons to whom said allotments were or may be made. 148. The persons appointed as commissioners to carry into effect the preceding section of this act, shall receive no pay or emoluments whatever from the treasury of the United States. families of volun made on such al Ibid. 22. 12 Stat. 371. 149. The inspector-generals of the army shall constitute a board of officers, whose 19 Mar. 1802 1 duty it shall be to prepare, immediately after the passage of this act, a list or schedule of the following articles, which may be sold by sutlers to the officers and soldiers of the Board to prepare volunteer service, to wit: Apples, dried apples, oranges, figs, lemons, butter, cheese, sutlers. (a) See supra 60. list of articles for (b) By act 5 July 1862, limited to 40 major-generals, and 200 brigadier-generals. 12 Stat. 506. See infra 166. 19 March 1862. milk, syrup, molasses, raisins, candles, crackers, wallets, brooms, comforters, boots, pocket looking-glasses, pins, gloves, leather, tin washbasins, shirt buttons, horn and brass buttons, newspapers, books, tobacco, cigars, pipes, matches, blacking, blacking brushes, clothes brushes, tooth brushes, hair brushes, coarse and fine combs, emery, crocus, pocket handkerchiefs, stationery, armor oil, sweet oil, rotten stone, razor strops, razors, shaving soap, soap, suspenders, scissors, shoestrings, needles, thread, knives, pencils and Bristol brick. Said list or schedule shall be subject, from time to time, to such revision and change as, in the judgment of the said board, the good of the service may require: Liquors not to be Provided always, That no intoxicating liquors shall at any time be contained therein, or the sale of such liquors be in any way authorized by said board. A copy of said list or schedule, and of any subsequent change therein, together with a copy of this act, shall be, without delay, furnished by said board to the commanding officer of each brigade, and of each regiment not attached to any brigade, in the volunteer service, and also to the adjutant-general of the army. sold. Ibid. 2. Prices to be fixed by another board. lers. Ibid. 3. 150. Immediately upon the receipt from said board of said list or schedule and copy of this act by the commanding officer of any such brigade, the acting brigadier-general, surgeon, quartermaster and commissary of said brigade shall constitute a board of officers whose duty it shall be to affix to each article in said list or schedule a price for said brigade, which shall be by them forthwith reported to the commanding officer of the division, if any, to which said brigade is attached, for his approval, with or without modification, and who shall, after such approval, report the same to the inspectorgenerals, and the same, if not disapproved by them, shall be the price not exceeding which said articles may be sold to the officers and soldiers in said brigade. Whenever any brigade shall not be attached to a division, said prices shall then be reported directly to the inspector-generals, and, if approved by them, shall be the price fixed for such brigade as aforesaid; and whenever any regiment shall be unattached to any brigade, the acting colonel, lieutenant-colonel, major and captains thereof shall constitute the board of officers by whom the price of said articles shall be fixed for said regiment, in the same manner as is herein provided for an unattached brigade. The prices so fixed may be changed by said boards respectively from time to time, not oftener than once in thirty days, but all changes therein shall be reported in like manner and for the same purpose as when originally fixed. 151. It shall be the duty of the commanding officer of each brigade, immediately Selection of sut- upon receipt of a copy of said list or schedule and copy of this act, as herein provided, to cause one sutler for each regiment in his brigade to be selected by the commissioned officers of such regiment, which selection shall be by him reported to the adjutantgeneral of the army; the person so selected shall be sole sutler of said regiment. And the commanding officer of each unattached regiment shall, in like manner, cause a selection of a sutler to be made for said regiment, who shall be sole sutler of said regiment. Any vacancy in the office of sutler from any cause shall be filled in the same way as an original appointment. pay. Ibid. 4. Limitation. ing a greater amount. 152. The sutlers chosen in the manner provided in the preceding section shall be Lien on soldiers' allowed a lien only upon the pay of the officers, non-commissioned officers and privates of the regiment for which he has been chosen, or those stationed at the post to which he has been appointed, and for no greater sum than one-sixth of the monthly pay of each officer, non-commissioned officer or private for articles sold during each month; and the amount of one-sixth or less than one-sixth of the pay of such officer, non-commissioned officer or private, so sold to him by the sutler, shall be charged on the pay-rolls of such officer, non-commissioned officer or private, and deducted from his pay, and paid over by the paymaster to the sutler of the regiment or military post, as the case may Penalty for allow be: Provided, That if any paymaster in the service of the United States shall allow or pay any greater sum to any sutler than that hereby authorized to be retained from the pay of the officers, non-commissioned officers, musicians and privates, for articles sold by any sutler during any one month, then the amount so allowed or paid by the paymaster shall be charged against the said paymaster, and deducted from his pay, and returned to the officer, non-commissioned officer, musician or private against whom the amount was originally charged. And any captain or lieutenant commanding a company who may certify any pay-roll bearing a charge in favor of the sutler against any officer, non-commissioned officer, musician or private, larger or greater than one-sixth of the monthly pay of such officer, non-commissioned officer, musician or private, shall be punished at the discretion of a court martial: Provided, however, That sutlers shall be allowed to sell only the articles designated in the list or schedule provided in this act, and none others, and at prices not exceeding those affixed to said articles, as herein Claim for greater provided: And provided further, That the sutlers shall have no legal claim upon any ant to be in- officer, non-commissioned officer, musician or private, to an amount exceeding one-sixth valid. of his pay for articles sold during any month. He shall keep said list or schedule, 19 March 1862. together with a copy of this act, fairly written or printed, posted up in some conspicuous Copy of act to be part of the place where he makes said sales, and where the same can be easily read by posted. any person to whom he makes said sales. articles. Ibid. 26. 153. It shall be the duty of the inspector-generals to cause the place of sale and Ibid. 25. articles kept for that purpose, by said sutlers, to be inspected from time to time, once in Inspection of fifteen days at least, by some competent officer, specially detailed for that duty; and place of sale and such changes in said place, or in the quality and character of the articles mentioned in said list or schedule, so kept as shall be required by said officer, shall be conformed to by each sutler. And such officer shall report each inspection to the inspector-generals. 154. No person shall be permitted to act as sutler unless appointed according to the provisions of this act; nor shall any person be sutler for more than one regiment; nor Business of sutshall any sutler farm out or underlet the business of sutling, or the privileges granted lers regulated. to him by his appointment; nor shall any officer of the army receive from any sutler any money or other presents, nor be interested in any way in the stock, trade or business of any sutler, and any officer receiving such presents, or being thus interested, directly or indirectly, shall be punished at the discretion of a court martial. No sutler shall sell to an enlisted man on credit to a sum exceeding one-fourth of his monthly pay within the same month; nor shall the regimental quartermasters allow the use of army wagons for sutlers' purposes; nor shall the quartermasters' conveyances be used for the transportation of sutlers' supplies. 155. Any sutler who shall violate any of the provisions of this act shall, by the colonel, with consent of the council of administration, be dismissed from the service, and be ineligible to a reappointment as sutler in the service of the United States. Ibid. 7. Penalty for violation. 12 Stat. 431. 156. Company officers of volunteers shall be paid on the muster and pay-rolls of their 18 June 1862 2 1. company, party or detachment, and not otherwise, except when such officer may be on detached service without troops, or on leave of absence. 12 Stat. 502. cal officers. Qualifications. 157. There shall be appointed by the president, by and with the advice and consent 2 July 1862 2 1. of the senate, forty surgeons and one hundred and twenty assistant surgeons of volunteers, who shall have the rank, pay and emoluments of officers of corresponding grades Additional mediin the regular army: Provided, That no one shall be appointed to any position under this act unless he shall previously have been examined by a board of medical officers to be appointed by the secretary of war, and that vacancies in the grade of surgeon shall Promotions. be filled by selection from the grade of assistant surgeon on the ground of merit only: And provided further, That this act shall continue in force only during the existence of the present rebellion. Ibid. 2. 158. Brigade surgeons shall be known and designated as surgeons of volunteers, and shall be attached to the general medical staff under the direction of the surgeon-general; Surgeons of voland hereafter such appointments for the medical service of the army shall be appointed unteers. surgeons of volunteers. 159. Instead of "one assistant surgeon," as provided by the 2d section of the act of July 22d 1861,(a) each regiment of volunteers in the service of the United States shall have two assistant surgeons. Ibid. 23. 12 Stat. 509. ment. 160. Section five of the act "to authorize the employment of volunteers to aid in 5 July 1862 ? 6. enforcing the laws and protecting public property," approved July 22d 1861, (b) and section five of the act "to increase the present military establishment of the United States," Bounty on enlistapproved July 29th 1861, (c) shall be so construed as to allow twenty-five dollars of the bounty of one hundred dollars therein provided to be paid immediately after enlistment to every soldier of the regular and volunteer forces hereafter enlisted during the continuance of the existing war. 161. 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,(d) except the leader of the band, who shall receive forty-five dollars per month, with the emoluments and allowances of a quartermaster-sergeant. 17 July 1862 3 6. 12 Stat. 594. Brigade bands. Ibid. 10. Allowance for 162. So much of the fifth section of the act approved July 22d 1861, (e) 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 3d 1861,(g) be and the same are risk of horses hereby repealed. abolished. Ibid. 20. 163. The different regiments and independent companies heretofore mustered into the service of the United States as volunteer engineers, pioneers or sappers and miners, Pay and emolu under the orders of the president or secretary of war, or by authority of the commanding ments of eugigeneral of any military department of the United States, or which, having been. (a) Supra 131. (d) Supra 136. neers. |