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out reduction in his current pay, subsistence, or allowances: And provided further, That there shall not be on the retired list at any one time more than seven per centum of the whole number of officers of the army, as fixed by law.

SEC. 17. And be it further enacted, That, in order to carry out the provisions of this act, the Secretary of War or Secretary of the Navy, as the case may be, under the direction and approval of the President of the United States, shall, from time to time, as occasion may require, assemble a board of not more than nine nor less than five commissioned officers, two-fifths of whom shall be of the medical staff; the board, except those taken from the medical staff, to be composed. as far as may be, of his seniors in rank, to determine the facts as to the nature and occasion of the disability of such officers as appear disabled to perform such military service, such board being hereby invested with the powers of a court of inquiry and court-martial, and their decision shall be subject to like revision as that of such courts by the President of the United States. The board, whenever it finds an officer incapacitated for active service, will report wheth er, in its judgment, the said incapacity result from long and faithful service, from wounds or injury received in the line of duty, from sickness or exposure therein, or from any other incident of service. If so, and the President approve such judgment, the disabled officer shall thereupon be placed upon the list of retired officers, according to the provisions of this act. If otherwise, and if the President concur in opinion with the board, the officer shall be retired as above, either with his pay proper alone or with his service rations alone, at the discretion of the President, or he shall be wholly retired from the service, with one year's pay and allowances; and in this last case his name shall be thenceforward omitted from the Army Register, or Navy Register, as the case may be: Provided always, That the members of the board shall in every case be sworn to an honest and impartial discharge of their duties, and that no officer of the army shall be retired either partially or wholly from the service without having had a fair and full hearing before the board, if, upon due summons, he shall demand it.

SEC. 18. And be it further enacted, That the officers partially retired shall be entitled to wear the uniform of their respective grades, shall continue to be borne upon the Army Register, or Navy Register, as the case may be, and shall be subject to the rules and articles of war, and to trial by general court-martial for any breach of the said articles.

SEC. 19. And be it further enacted, That so much of the sixth section of the act of August twenty-three, eighteen hundred and forty-two, as allows additional or double rations to the commandant of each permanent or fixed post, garrisoned with troops, be, and the same is hereby, repealed.

SEC. 20. And be it further enacted, That officers of the army, when absent from their appropriate duties for a period exceeding six months, either with or without leave, shali not receive the allowances authorized by the existing laws, for servants' forage, transportation of baggage, fuel, and quarters, either in kind or in commutation.

SEC. 21. And be it further enacted. That any officer of the navy who has been forty years in the service of the United States may, upon his own applica tion to the President of the United States, be placed upon the list of retired officers of the navy, and shall receive the pay and emoluments allowed by this

act.

SEC. 22. And be it further enacted, That if any officer of the navy shall have become, or shall hereafter become incapable of performing the duties of his office, he shall be placed upon the retired list, and withdrawn from active ser vice and command, and from the line of promotion, with the following pay and emoluments, namely:

Captains in the navy, thirteen hundred dollars;

Commanders in the navy, eleven hundred dollars;
Lieutenants in the navy, one thousand dollars;

Surgeons ranking with captains, thirteen hundred dollars;
Surgeons ranking with commanders, eleven hundred dollars;
Surgeons ranking with Lieutenants, one thousand dollars;
Paymasters ranking with captains, thirteen hundred dollars;
Paymasters ranking with commanders, eleven hundred dollars;
Paymasters ranking with lieutenants, one thousand dollars;
Chief Engineers, one thousand dollars;

First Assistant Engineers, seven hundred dollars;
Second Assistant Engineers, five hundred dollars;
Third Assistant Engineers, four hundred dollars;
Masters, four hundred dollars;

Passed midshipmen, three hundred and fifty dollars; and with four rations per day, to each of the above named officers of the navy, to be commuted at thirty cents each ration, and without any other pay or allowances. Captains, commanders and lieutenants, now on the retired list of the navy, shall receive the same compensation and no greater than is allowed to retired officers of the same rank by the provisions of this act. The next officer in rank shall be promoted to the place of the retired officer, according to the established rules of the service. And the same rule of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer.

SEC. 23. And be it further enacted, That whenever any officer of the navy, on being ordered to perform the duties appropriate to his commission, shall report himself unable to comply with such order, or whenever, in the judgment of the President of the United States, an officer of the navy shall be in any way incapacitated from performing the duties of his office, the President, at his discretion, shall direct the Secretary of the Navy to refer the case of such officer to a board of not more than nine, and not less than five commissioned officers, two-fifths of whom shall be members of the medical bureau of the navy; the board, except those taken from the medical bureau, to be composed, if possible, (as far as may be,) of his seniors in rank. The determination of the board in each case shall, with a record of its proceedings, be transmitted to the Secretary of the Navy, to be laid before the President for his approval or disapproval, and orders in the case. The board, whenever it finds an officer incapacitated for active service, will report whether in its judgment, the incapacity result from long and faithful service, from wounds or injury received in the line of duty, from sickness or exposure therein, or from any other incident of service. If so, and the President approve of such judgment, the disabled officer shall thereupon be placed upon the list of retired officers, according to the provisions of this act; but if such disability or incompetency proceeded from other causes, and the President concur in opinion with the board, the officer may be retired upon furlough pay, or he shall be wholly retired from the service, with one year's pay, at the discretion of the President; and in this last case, his name shall be wholly omitted from the Navy Register. The members of the board, shall, in every case, be sworn to an honest and impartial discharge of their duties, and no officer of the navy shall be retired, either partially or wholly, from the service, without having had a fair and full hearing before the board, if he shall demand it.

SEC. 24. And be it further enacted, That the retired officers shall be entitled to wear the uniform of their respective grades, shall continue to be borne upon the Navy Register, shall be subject to the rules and articles governing the navy, and to trial by general court-martial.

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SEC. 25. And be it further enacted, That retired officers of the army, navy, and marine corps, may be assigned to such duties, as the President may deem them capable of performing, and such as the exigencies of the public service may require.

Approved August 3, 1861.

[PUBLIC-No. 42.]

AN ACT supplementary to an act entitled “An act to increase the present military estab lishment of the United States," approved July twenty-ninth, 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 it shall be lawful for the President of the United States, during the existing insurrection and rebellion, upon the recommendation of the lieutenant general commanding the army of the United States, or of any major general of the regular army of the United States commanding forces of the United States in the field, to appoint such a number of aides-de-camp, in addition to those now authorized by law, as the exigencies of the service may, in the opinion of the President, require; such aides-de-camp to bear respectively the rank and authority of captains, majors, lieutenant colonels, or colonels of the regular army as the President may direct, and to receive the same pay and allowances as are provided by existing laws for officers of cavalry of corresponding rank. The President shall cause all aides-de-camp appointed under this act to be discharged whenever they shall cease to be enployed in active service, and he may reduce the number so employed whenever he may deem it expedient so to do. Any officers of the regular army appointed aides-de-camp under this act, and detached or assigned to duty for service as such, shall upon their discharge resume their positions in the regular army, and shall be entitled to the same rank and promotion as if they had continued to serve in their own regiments or corps.

Approved August 5, 1861.

[PUBLIC-No. 49.]

AN ACT making appropriations for fortifications, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there be, and is hereby, appropriated, out of any money in the treasury not otherwise appropriated, the sum of one hundred thousand dollaas for contingencies of fortifications, to be used and applied under direction of the Secretary of War.

SEC. 2. And be it further enacted, That any commissioned officer of the army, navy, or marine corps, who, having tendered 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 permanently ab sent therefrom, shall be registered as a deserter, and punished as such.

SEC. 3. And be it further enacted, That flogging as a punishment in the army is hereby abolished.

SEC. 4. And be it further enacted, That for removing stables and other obstructions from the grounds around the Washington Infirmary, used as an army hospital, and grading said grounds to secure proper drainage of the same, the sum of five thousand dollars be, and the same is hereby, appropriated, to be expended under the direction of the Surgeon General of the United States

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AN ACT to promote the efficiency of the engineer and topographical engineer corps, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there shall be added to each of the corps of engineers and topographical engineers, by regular promotion of their present officers, two lieutenant colonels, and four majors.

SEC. 2. And be it further enacted, That there shall be added to the corps of topographical engineers one company of soldiers, to be commanded by appropriate officers of said corps, to have the same pay and rations, clothing, and other allowances, and to be entitled to the same benefits in every respect as the company created by the act for the organization of a company of sappers and miners and pontoniers, approved May sixteenth, eighteen hundred and forty-six. The said company shall be subject to the rules and articles of war, and shall have the same organization as the companies of engineer soldiers attached to the corps of engineers.

SEC. 3. And be it further enacted, That vacancies hereafter occurring among the commissioned officers of the volunteer regiments shall be filled by the governors of the States respectively, in the same manner as original appointments. And so much of the tenth section of the act approved July twentysecond, eighteen hundred and sixty-one, as is inconstent herewith, be, and the same is hereby, repealed."

SEC. 4. And be it further enacted, That the President of the United States is hereby authorized to appoint two additional inspectors general for the United States army; said inspectors general to have the same rank and receive the same pay and allowances as now provided by law for inspectors general.

SEC. 5. And be it further enacted, That so much of the first section of the act approved August fifth, eighteen hundred and fifty-four, as authorizes the appointment of civilians to superintend the national armories be, and the same is hereby, repealed, and that the superintendents of these armories shall be appointed hereafter from officers of the Ordnance Department. Approved August 6, 1861.

[PUBLIC-No. 53.]

AN ACT to authorize an increase in the corps of engineers and topographical engineers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be added to each of the corps of engineers and topographical engineers, by regular promotion of their present officers, two lieutenant colonels and four majors.

SEC. 2. And be it further enacted, That there shall be added to the corps of topographical engineers one company of soldiers, to be commanded by appropriate officers of said corps, to have the same pay and rations, clothing, and other allowances, and to be entitled to the same benefits in every respect as the company created by the act for the organization of a company of sappers and miners and pontoniers, approved May sixteenth, eighteen hundred and forty-six. The said company shall be subject to the rules and articles of war, and shall have the same organization as the companies of engineer soldiers attached to the corps of engineers.

SEC. 3. And be it further enacted, That the President of the United States is hereby authorized to appoint two additional inspectors general of the United States army, to have the same rank and receive the same pay and allowances as now provided by law for inspectors general.

Approved August 6, 1861.

[PUBLIC-No. 58.]

AN ACT to increase the pay of the privates in the regular army and in the volunteers in the service of 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 the pay of the privates in the regular army and volunteers in the service of the United States be thirteen dollars

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per month for three years from and after the passage of this act, and untill otherwise fixed by law.

SEC. 2. And be it further enacted, That the provisions of the act entitled "An act for the relief of the Ohio and other volunteers," approved July twentyfourth, eighteen hundred and sixty-one, be, and the same are hereby, extended to all volunteers mustered into the service of the United States, whether for one, two, or three years, or for and during the war.

SEC. 3. And be it further enacted. That all the acts, proclamations, and orders of the President of the United States after the 4th of March, eighteen hundred and sixty-one, respecting the army and navy of the United States, and calling out or relating to the militia or volunteers from the States, are hereby approved and in all respects legalized and made valid, to the same intent and with the same effect as if they had been issued and done under the previous express authority and direction of the Congress of the United States. Approved August 6, 1861.

[PRIVATE-NO. 3.]

AN ACT for the relief of the Ohio and other volunteers.

Whereas the War Department has decided that the term of service of the ninety days' volunteers, called out under the act of seventeen hundred and ninety-five, commenced only on the day when they were actually sworn into the service of the United States; and whereas the troops now in service of the United States from the State of Ohio were not sworn into said service until some days after their organization and acceptance as companies by the gov ernor of said State, and that for such period, under existing laws, no payment can be made: Therefore

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper disbursing officer compute and pay to the said volunteers compensation from, the day of their organization and acceptance as companies by the governor of the State of Ohio, as aforesaid, until the expiration of their term of service.

SEC. 2. And be it further enacted, That where the militia of other States are situated similarly with those of Ohio, the War Department pay them according to the provisions of the foregoing section.

Approved July 24, 1861.

BY ORDER:

L. THOMAS, Adjutant General.

General Orders,)

No. 55.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,
Washington, August 10, 1861.

I.-Par. 2 of Gen. Orders No. 47 from this office, dated July 25, 1861, is hereby rescinded, and in accordance with section 10 of the act of Congress approved July 22, 1861, every General commanding a separate Department, or a detached army, will, from time to time, appoint Military Boards or Commissions for the examination of Volunteer Officers upon the points therein specified.

II.-In pursuance of the 12th section of the act of Congress approved Au gust 3d, 1861, the six mounted regiments of the army are consolidated in one corps, and will hereafter be known as follows:

The 1st Dragoons, as the 1st Cavalry.
The 2d Dragoons, as the 2d Cavalry.

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