Slike strani

5 June 1862.

14 Stat. 54.


AMBASSADORS AND PUBLIC MINISTERS.-ARIZONA. 33 United States to the republics of Hayti and Liberia respectively. Each of the said representatives so appointed shall be accredited as commissioner and consul-general, Commissioners and shall receive the compensation of commissioners, according to the act of congress, Liberia

to Hayti and approved August 18th 1856 : (a) Provided, That the annual compensation of the repre- Compensation. sentative at Liberia shall not exceed four thousand dollars.

4. Hereafter passports shall be issued only to citizens of the United States.(b) 30 May 1866 2 1.

5. The salary of any envoy extraordinary and minister plenipotentiary hereafter appointed shall be the salary of a minister resident and nothing more, except when he 25 July 18C8 2 4. is appointed to one of the countries where the United States are now represented by an envoy extraordinary and minister plenipotentiary.

6. All persons in the diplomatic service of the United States are prohibited from 27 March 1867. wearing any uniform or official costume not previously authorized by congress.

7. No diplomatic or consular officer shall receive salary for the time during which 3 March 1869 ? 2. he may be absent from his post (by leave or otherwise) beyond the term of sixty days in any one year: Provided, That the time equal to that usually occupied in going to Pay while absent and from the United States in case of the return, on leave, of such diplomatic or con

from post. sular officer to the United States may be allowed in addition to said sixty days. (a) 1 vol. 37, pl. 1.

poaled, embraced aliens who had declared their intention to 6) The act of 3 March 1863, & 23 (12 Stat. 754), hereby re- become citizens. 10 Opin. 517.

15 Stat. 23.

15 Stat. 321.


12 Stat. 103.

1. Repeal of act 28 August 1842, & 23. 1. The 23d section of the act entitled "An act legalizing and making appropriations 23 June 1860 2 2. for such necessary objects as have usually been included in the general appropriation bills without authority of law, and to fix and provide for certain incidental expenses Repeal of act 28

& . of the departments and offices of the government, and for other purposes," approved 26th August 1842, (a) is hereby repealed.

(a) 1 vol. 44, pl. 12.


1. Boundaries.

2. Territorial government. Appointment of officers. Acts relating to New Mexico extended to Arizona.

3. Slavery not to be recognised.

4. Land office. Register and receiver.
5. Location of offices.
6. Attached to surveying district of California.

12 Stat. 661.

1. All that part of the present territory of New Mexico, situate west of a line run- 24 Feb. 1863 ? 1. ning due south from the point where the south-west corner of the territory of Colorado joins the northern boundary of the territory of New Mexico to the southern boundary Boundaries. line of said territory of New Mexico be, and the same is hereby erected into a temporary government by the name of the territory of Arizona: Provided, That nothing contained in the provisions of this act shall be construed to prohibit the congress of the United States from dividing said territory or changing its boundaries in such manner and at such time as it may deem proper: Provided further, That said government shall be maintained and continued until such time as the people residing in said territory shall, with the consent of congress, form a state government, republican in form, as prescribed in the constitution of the United States, and apply for and obtain admission into the Union as a state, on an equal footing with the original states.

2. The government hereby authorized shall consist of an executive, legislative and Ibid. & 2. judicial power. The executive power shall be vested in a governor. The legislative power shall consist of a council of nine members, and a house of representatives of ernmeut. eighteen. The judicial power shall be vested in a supreme court, to consist of three judges, and such inferior courts as the legislative council may by law prescribe; there shall also be a secretary, a marshal, a district attorney and a surveyor-general for said territory, who, together with the governor and judges of the supreme court, shall be Appointmont of appointed by the president, by and with the advice and consent of the senate; and the term of office for each, the manner of their appointment, and the powers, duties and the compensation of the governor, legislative assembly, judges of the supreme court, secretary, marshal, district attorney and surveyor-general aforesaid, with their clerks, draughtsman, deputies and sergeant-at-arms, shall be such as are conferred upon the

Territorial gur.


24 Feb. 1863.

New Mexico extended to Arizona.

same officers by the act organizing the territorial government of New Mexico, which Acts relating to

subordinate officers shall be appointed in the same manner, and not exceed in number those created by said act; and acts amendatory thereto, together with all legislative enactments of the territory of New Mexico not inconsistent with the provisions of this act, are hereby extended to and continued in force in the said territory of Arizona, until repealed or amended by future legislation: Provided, That no salary shall be due or paid the officers created by this act until they have entered upon the duties of

their respective offices within the said territory. Ibid. & 3.

3. There shall neither be slavery nor involuntary servitude in the said territory, Slavery not to be otherwise than in the punishment of crimes, whereof the parties shall have been duly recognised.

convicted ; and all acts and parts of acts, either of congress or of the territory of New Mexico, establishing, regulating or in any way recognising the relation of master and

slave in said territory, are hereby repealed. 2 March 1867 & 2. 4. The public lands within the territories of Montana and Arizona, to which the

Indian title is or shall be extinguished, shall each respectively constitute a new land district to be called the Montana district and the Arizona district respectively; and the

president is hereby authorized to appoint, by and with the advice and consent of the Register and re senate, a register and receiver of public moneys for each of said districts respectively,

who shall be required to reside at the places at which said offices shall be located, and they shall have the same powers, perform the same duties, and be entitled to the same compensation as are or may be prescribed by law in relation to land offices of the

United States in other territories. Ibid. & 3. 5. The secretary of the interior is hereby authorized to locate said offices of sur

veyor-general and registers and receivers of public moneys. Ibid. & 4. 6. The territory of Arizona is hereby attached to the surveying district of California.

14 Stat. 542.

Land office.



1. Terms of the circuit court.

19 Feb. 1869 31.

16 Stat. 271.

1. Instead of one term a year, as now prescribed by law, the circuit court of the United States for the eastern district of Arkansas shall hereafter be held on the second Mondays of April and October in each year.

Armories and Arsenals.

[See Army of the United States, 38.) 1. Additional arsenals.

2. Pay of clerks at Springfield armory. 11 July 1862 X 1. 1. There shall be and hereby is established a national arsenal at Columbus, in the 12 Stat. 537.

state of Ohio, at Indianapolis, in the state of Indiana, and on Rock Island, in the state Additional of Illinois, for the deposit and repair of arms and other munitions of war.(a) arsenals. 2 Mar. 1867 12.

2. The secretary of war is hereby authorized, at his discretion, to increase the pay 14 Stat. 467. of the clerks of the United States armory at Springfield, Massachusetts, to twelve

hundred dollars per annum, instead of eight hundred dollars, as now fixed by law. (a) See act 19 April 1864, for the proceedings to assess the damages for the taking of private property on Rock Island, Illinois, for a national arsenal. 13 Stat. 50.

Army of the United States.


IX. ENLISTMENTS. 1. Military peace establishment.

73. Who may be enlisted. Age and size. Minors not to be 2. Artillery.

enlisted without consent of parents. Penalty for so doing. 3. Cavalry.

74. Who may administer oaths to recruits. 4. Infantry.

75. Certain bounties for re-enlistments abolished. 6. Organization of infantry regiments. Indian scouts.

76. Who may administer oaths. 6. Military bands. Ordnance sergeants, hospital stewards, and 77. Enlistment of minors, over eighteen years, authorized.

78. Premium for recruits. post-chaplains. 7. General officers.

79. Penalty for mustering in deserters, minors, &r. 8. Adjutant-general's department.

80). Rendezvous for recruits. Certain partially-disabled men 9. Inspectors-general.

may be enlisted.

81. Term of enlistment. 10. Bureau of military justice. Judge-advocates. 11. Quartermaster-general's department. Appointments.

X. ARTICLES OF WAR. 12. Military storekeepers. 13. Subsistance departinent.

82. Desertion defined. 14. Medical department. Hospital stewards.

83. Flogging abolished. 15. Pay department.

81. Who may appoint general courts martial in time of war 16. Engineers.

Their powers. 17. Engineer soldiers.

85. Punishment of spies. 18. Ordnance department.

80. Forcing a safeguard. 19. Signal corps.

87. Fugitives from labor not to be returned by military officers. 21. Relnction of the army.

88. When prisoners may be sentenced to imprisonment in the 21. Brigadier generals.

penitentiary. 22. Chief unusiriang,

89. Others to be discharged. 23. No appointments to be made in staff departments.

90. Mode of discharge.

91. Sentences to the penitentiary. II. CAVALRY.

92. Arrest and trial of officers.

93. Wheu president to approve sentence. 24. Regiments of caralry organized.

94. Wben field officers may punish. Approval of sentence. 25. Organization of cavalry regiments.

95. Approval of sentence of spies and deserters. 26. Assistant surgeons. Number of privates.

96. When depositions may be read before courts martial. 27. Pay of certain grades. Certain grades abolished, and

97. Appointment of reporter. thers established.

98. Continuances regulated. III. ENGINEERS.

99. Punishment of certain crimes in time of war.

100. Punishment of spies in time of rebellion. 28. Rank and pay of superintendent, &c., of military academy.

101. Power to compel attendance of witnesses. 29. Promotions.

102. Bureau of military justice established. 30. Cadets not to be reappointed, except on recommendation

103. Judge-advocate general, and assistant. of the academic board. Oath of cadets.

104. Clerks. 31. Persons who have been in the confederate service not to be

105. Power of commanding generals to carry sentences into appointed.

effect. 32. Who may be assigned to duty at the military academy.

106. Power to remit sentences of courts martial. 33. Age of cadets, at admission.

107. Officers disnuissed by the president may demand a trial by 31. When appointments to be made. Additional qualifications.

court martial. 35. Rations of cadets.

108. No officer to be dismissed in time of peace, except on sen36. Pay of professor of Spanish.

tence of a court martial. 37. Number of visitors.


109. When officers not to be allowed mileage. 38. Ordnance officers to be superintendents of armories.

110. Sugar and coffee ration. 39. Rank and pay of enlisted men.

111. Double rations not to be allowed to commandants of posts. 40. Examination for appointment or promotion.

112. Officers absent more than six months not to receive allow.


113. Commutation of sugar and coffee ration. 41. Construction of permanent barracks.

114. Forage to be drawn in kind. Emoluments of mounted 42. Promotions.

officers. 43. How contracts for supplies to be made.

115. Forage of mounted officers.

116. Pay, &c., of soldiers employed as servants to be credited VI. MEDICAL DEPARTMENT.

on pay-roll.

117. Oficers' mileage. 44. Medical inspectors may discharge enlisted men for perma- 118. Pay, &c., of officers ou leave. nent physical disability. Certificate.

119. Pepper ration. 45. Discharge of soldiers for disability.

120. Pay of cadete. 46. Direction of ambulances, &c.

121. Allowance for officers' servan s regulated. 47. Organization of ambulance corps.

122. Army ration. 48. Distribution of ambulances.

123. Pay of officers on leave. 49. Litters.

124. Pay of hospital matrons. 50. Powers and duties of commandant of ambulance corps. 125. Oificers' servants. And of chief medical officer.

126. What officers to be allowed double itions. 51. Powers and duties of first lieutenant.

127. Pay of soldiers employed as artificers or laborers. 52. Of second lieutenant.

128. Allowance for travelling increased. 63. For what purposes ambulances may be used.

129. Pay of quartermaster-sergeant of engineers. 54. Detail for taking wounded men to the rear.

130. Pay of mounted officers. 55. Uniform of ambulance corps.

131. What officers to receive additional rations. 56. Roll to be sent to adjutant.general. Report of conduct, &c. 57. Authority of commanding officers not to be impaired.


132. Act of 1819 to include steamboats and locomotives. VII. CHAPLAINS.

133. Compensation for property lost by capture. 58. Regimental chaplains. Qualifications.

131. Duties of the auditor. 59. Hospital Chaplains.

XIII. RETIRED LIST. 60. Qualifications of chaplains.

61, Compensation. Inquiry into qualification of chaplaing. 135. Certain oshirers may be retired at their own request. Residenre at posts.

130. What officers may be placed on tbe retired list. Pay and 6:2. Rank and allowances.

allowances. Limitation of number. 63. To he entitled to pensions.

137. Bonrd for examination of disabled officers. Report. Mem. 64. Monthly reports.

bers to be sworn. Hearing. 65. Religious services.

138. Rights and duties of retired officers. 64. Chaplains for colored troops. Transportation.

139. To what duties they may be assigned. 67. To be commissioned. Rank, tenure, pensions, &c.

140. Certain officers may be retired on full pay.

141. Officers may be retired with the rank held in the volunteer VIII. BREVET RANK.

service. 68. President may confer brevet rank for distinguished services.

XIV. GENERAL PROVISIONS 69. Rank and pay of brevet officers in the regular arnıy.

112. Clothing, arms, &c., in possession of others than soldierg 70. Rank of brevet officers.

to be seized. 71. When brevet rominissions may be conferred. Date thereof. 14:3. Penalty for enticing soldiers to desert. For purchasing 72. When to be entitled to command.

arnis, &c. For receiving deserters on board of ship.

144. Furloughs.
145. Details for special service.
146. Exanıination of quartermasters, &c.
147. Boards of examination.
148. Penalty for neglect to appear for examination.
149. Officers failing to pass.
150. Records to be kept.
151. Appointment of heads of staff departments.
152. Examination of officers for appointment. Mileage.

153. Office of sutler abolished. Subsistence department to furnish sutlers' stores.

154. Officers may be detailed to act as professors in colleges.

155. Schools for enlisted men.

156. No persons who were in the confederate service to be appointed.

157. Headquarters of the army. All orders to be issued through the commanding general. General not to be liable to removal, suspension, &c. Penalty for violation.

158. Trading establishments may be allowed at certain posts.

159. Acceptance of diplomatic or consular appointment to vacate commission.

160. No person cashiered by sentence of court martial to be restored, except by reappointment.

14 Stat. 332.


I. ORGANIZATION OF THE ARMY. 28 July 1866 1. 1. The military peace establishment of the United States shall hereafter consist of

five regiments of artillery, ten regiments of cavalry, forty-five regiments of infantry, Military peace

the professors and corps of cadets of the United States military academy, and such other forces as shall be provided for by this act, to be known as the army of the United

States. Ibid. & 2.

2. The five regiments of artillery provided for by this act shall consist of the five Artillery.

regiments now organized ; and the first, second, third and fourth regiments of artillery shall have the same organization as is now prescribed by law for the fifth regiment of artillery ;(a) but the regimental adjutants, quartermasters and commissaries shall here

after be extra lieutenants selected from the first or second lieutenants of the regiment. Ibid. & 3. 3. To the six regiments of cavalry now in service there shall be added four regiments, Cavalry. two of which shall be composed of colored men, having the same organization as is

now provided by law for cavalry regiments, (b) with the addition of one veterinary surgeon to each regiment, whose compensation shall be one hundred dollars per month; but the grade of company commissary sergeant of cavalry is hereby abolished. The original vacancies in the grade of first and second lieutenant shall be filled by selection from among the officers and soldiers of volunteer cavalry, and two-thirds of the original vacancies in each of the grades above that of first lieutenant shall be filled by selections from among the officers of volunteer cavalry, and one-third from officers of the regular army, all of whom shall have served two years in the field during the war, and have been distinguished for capacity and good conduct; any portion of the cavalry force may be armed and drilled as infantry or dismounted cavalry at the discretion of the president; and each cavalry regiment shall hereafter have but one hospital steward, and the regimental adjutants, quartermasters and commissaries shall hereafter he extra

lieutenants selected from the first or second lieutenants of the regiment. Ibid. & 4. 4. The forty-five regiments of infantry provided for by this act shall consist of the Infantry.

first ten regiments, of ten companies each, now in service; of twenty-seven regiments, of ten companies each, to be formed by adding two companies to each battalion of the remaining nine regiments, and of eight new regiments, of ten companies each, four regiments of which shall be composed of colored men, and four regiments of ten companies each to be raised and officered as hereinafter provided for, to be called the veteran reserve corps; and all the original vacancies in the grades of first and second lieutenant shall be filled by selection from among the officers and soldiers of volunteers, and one-half the original vacancies in each of the grades above that of first lieutenant, shall be filled by selection from among the officers of volunteers, and the remainder from officers of the regular army, all of whom shall have served two years during the war, and have been distinguished for capacity and good conduct in the field. The veteran reserve corps shall be officered by appointments from any officers and soldiers of volunteers or of the regular army who have been wounded in the line of their duty while serving in the army of the United States in the late war, and who may yet be

competent for garrison or other duty, to which that corps has heretofore been assigned. Ibid. 6. 5. Each regiment of infantry provided for by this act shall have one colonel, one Organization of lieutenant-colonel, one major, one adjutant, one regimental-quartermaster, one infantry regi.

geant-major, one quartermaster-sergeant, one commissary-sergeant, one hospitalsteward, two principal musicians and ten companies; and the adjutant and quartermaster shall hereafter be extra lieutenants selected from the first or second lieutenants of the regiment. Each company shall have one captain, one first lieutenant and one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, eight corporals, two artificers, two musicians, one wagoner and fifty privates, (c) and the number of privates may be increased at the discretion of the president, not to exceed one hundred, whenever the exigencies of the service require such increase. And the president is hereby authorized to enlist and employ in the territories and

Indian country a force of Indians, not to exceed one thousand, to act as scouts, who (a) See act 29 July 1861, & 1, for the organization of the 5th army is reduced below the minimum number, no oficer is to be regiment. 12 Stat. 279.



Indian scouts.

appointed thereto beyond those necessary for the command of (b) See infra 25. (c) By act 3 March 1865, ê 8, when a regiment in the regular

such reduced nunuber. 13 Stat. 488.

stewards and


shall receive the pay and allowances of cavalry soldiers, and be discharged whenever 28 July 1866. the necessity for their further employment is abated, or at the discretion of the department commander.

6. Fifteen bands, including the band at the military academy, may be retained or Ibid.& 7. enlisted in the army,(a) with such organization as is now provided by law, to be Military bands. assigned to brigades in time of war, and in time of peace to assembled brigades, or to forts or posts at which the largest number of troops shall be ordinarily stationed, and the band at the military academy shall be placed on the same footing as other bands ; one ordnance sergeant and one hospital steward for each military post, and the same Ordnance ser.

geants, hospital number of post-chaplains as at present authorized, who shall be appointed as now provided by law. And the president of the United States is hereby authorized to post-chaplains. appoint for each national cemetery now established, or that may be established, a superintendent, with the rank, pay, and emoluments of an ordnance sergeant, to be selected from among the non-commissioned officers of the regular army and volunteer forces who have received certificates of merit for services during the war. 7. There shall be one general,(6) one lieutenant-general,(c) five major-generals, and

Ibid. & 9. ten brigadier-generals,(d) who shall have the same pay and emoluments, and be enti- General officers. tled to the same staff officers in number and grade as now provided by law.

8. The adjutant-general's department of the army shall hereafter consist of the Ibid. & 10. officers now authorized by law, viz.: one adjutant-general, with the rank, pay and Adjutant-genemoluments of a brigadier-general; two assistant adjutants-general, with the rank, eral's departpay and emoluments of colonels of cavalry; four assistant adjutants-general, with the rank, pay and emoluments of lieutenant-colonels of cavalry ; and thirteen assistant adjutants-general, with the rank, pay and emoluments of majors of cavalry.

9. There shall be four inspectors-general of the army, with the rank, pay and Ibid. & 11. emoluments of colonels of cavalry; three assistant inspectors-general, with the rank, Inspectors-genpay and emoluments of lieutenant-colonels of cavalry; and two assistant inspectors. eral. general, with the rank, pay and emoluments of majors of cavalry. 10. The bureau of military justice shall hereafter consist of one judge-advocate

Ibid. 212. general, with the rank, pay and emoluments of a brigadier-general, and one assistant Bureau of milljudge-advocate-general, with the rank, pay and emoluments of a colonel of cavalry; tary justice. and the said judge-advocate-general shall receive, revise, and have recorded, the proceedings of all courts martial, courts of inquiry and military commissions, and shall perform such other duties as have been heretofore performed by the judge-advocategeneral of the army. And of the judge-advocates now in office there may be retained Judge advocates a number not exceeding ten,(e) to be selected by the secretary of war, who shall perform their duties under the direction of the judge-advocate general, until otherwise provided by law.(g)

11. The quartermaster's department of the army shall hereafter consist of one Ibid. & 13. quartermaster-general, with the rank, pay and emoluments of a brigadier-general ; Quartermaster six assistant quartermasters-general, with the rank, pay and emoluments of colonels general's depart of cavalry; ten deputy-quartermasters-general, with the rank, pay and emoluments of lieutenant-colonels of cavalry; fifteen quartermasters, with the rank, pay and emoluments of majors of cavalry; and forty-four assistant quartermasters, with the rank, pay and emoluments of captains of cavalry. And the vacancies hereby created in the grade of assistant quartermaster shall be filled by selection from among the persons who have rendered meritorious services as assistant quartermasters of volunteers during two years of the war; but after the first appointments made under the Appointments. provisions of this section, as vacancies may occur in the grades of major and captain in this department, no appointments to fill the same shall be made until the number of majors shall be reduced to twelve, and the number of captains to thirty, and thereafter the number of officers in each of said grades shall continue to conform to said reduced numbers.

12. The number of military storekeepers in the quartermaster's department shall Ibid. & 14. hereafter be as many as shall be required, not exceeding sixteen, who shall have the Military storo rank, pay and emoluments of captains of infantry.(h)

keepers. 13. The subsistence department of the army shall hereafter consist of the number Ibid. & 16. of officers now authorized by law, viz.: one commissary-general of subsistence, with the rank, pay and emoluments of a brigadier-general; two assistant commissaries- partment.


(a) By act 3 March 1869, & 5, these bands, with the exception See infra 21.
of the one at the military academy, are directed to be discharged (e) Eight, by act 10 April 1869, 16 Stat. 44.
from the service. 15 Stat. 318. See infra 22.

(9) By act 25 February 1867, they are placed on the same foot(6) The pay, emoluments and staff of the general are fixed by ing. in respect to tenure of office and otherwise, as other officers arts 25 July 1866, 14 Stat. 223; and 3 April 1869, 16 Stat. 6.

(c) The pay, emoluments and staff of the lieutenant-general (h) By act 2 March 1867, 27, all storekeepers in the army (exare fixed by act 29 February 1864, 13 Stat. 11. And see resolu- cept the ordnance storekeeper at the Springfield armory) are to tion of 20 May 1864, 13 Stat. 406, and act 3 March 1865, 13 have the rank, pay and allowances of captains of cavalry. 14 Stat. 500, as to the lieutenant-general's staff.

Subsistence do

of the army.

14 Stat. 410.

Stat. 423.

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