were specially named. Before receiving into service any number of volunteers exceeding those now called for and accepted, the President shall, from time to time, issue his proclamation,1 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.

SEC. 2. That the said volunteers shall be subject to the rules and regulations governing the army of the United States, and that they shall be formed by the President into regiments of infantry, with the exception of such numbers for cavalry and artillery as he may direct, not to exceed the proportion of one company of each of those arms to every regiment of infantry, and to be organized as in the regular service. Each regiment of infantry shall have one colonel, one lieutenant-colonel, one major, one adjutant, (a lieutenant,) one quartermaster, (a lieutenant,) one surgeon, and one assistant surgeon, one sergeantmajor, one regimental quartermaster-sergeant, one regimental commissary-sergeant, one hospital steward, two principal musicians, and twenty-four musicians for a band, and shall be composed of ten companies, each company to consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, four sergeants, eight corporals, two musicians, one wagoner, and from sixty-four to eighty-two privates.

SEC. 3. That these forces, when accepted as herein authorized, shall be organized into divisions of three or more brigades each; and each division shall have a major-general, three aids-de-camp, and one assistant adjutant-general with the rank of major. Each brigade shall be composed of four or more regiments, and shall have one brigadier-general, two aids-de-camp, one assistant adjutant-general with the rank of captain, one surgeon, one assistant quartermaster, and one commissary of subsistence.

3

SEC. 4. That the President shall be authorized to appoint, by

1 President may accept without proclamation, and in such numbers, from any state or states, as in his discretion the public service may require, by chap. 34, 31 July, 1861; and see chap. 17, sec. 1, 25 July, 1861.

2 Repealed by sec. 5, chap. 200, 17 July, 1862.

3 Two assistant surgeons, by sec. 3, chap. 127, 2 July, 1862, post.

and with the advice and consent of the senate, for the command of the forces provided for in this act, a number of major-generals, not exceeding six, and a number of brigadier-generals, not exceeding eighteen' and the other division and brigade officers required for the organization of these forces, except the aidsde-camp, who shall be selected by their respective generals from the officers of the army or volunteer corps: Provided, That the President may select the major-generals and brigadier-generals provided for in this act from the line or staff of the regular army, and the officers so selected shall be permitted to retain their rank therein. The governors of the states furnishing volunteers under this act shall commission the field, staff, and company officers requisite for the said volunteers; but in cases where the state authorities refuse or omit to furnish volunteers at the call or on the proclamation of the President, and volunteers from such states offer their services under such call or proclamation, the President shall have power to accept such services, and to commission the proper field, staff, and company officers.

SEC. 5. That the officers, non-commissioned officers, and pri vates, 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 horseequipments, and shall receive forty cents per day for their use and risk, except that in case the horse shall become disabled, or shall die, the allowance shall cease until the disability be removed or another horse be supplied. Every volunteer non-commissioned officer, private, musician, and artificer who enters the service of the United States under this act, shall be paid at the rate of fifty cents in lieu of subsistence, and, if a cavalry volunteer, twentyfive cents additional in lieu of forage, for every twenty miles of

1 Such number of major-generals and brigadier-generals as may in his judgment be required for their organization. See chap. 17, 25 July, 1861, but limited to forty and two hundred, respectively, by sec. 1, chap. 133, 5 July, 1862.

2 These words in italics repealed by sec. 10, chap. 200, 17 July, 1862.

3 Same provision in sec. 10, chap. 29, 18 June, 1846.

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.

SEC. 6. That any volunteer who may be received into the service of the United States under this act, and who may be wounded or otherwise disabled in the service, shall be entitled to the benefits which have been or may be conferred on persons disabled in the regular service; and the widow, if there be one, and, if not, the legal heirs, of such as die or may be killed in service, in addition to all arrears of pay and allowances, shall receive the sum of one hundred dollars.

SEC. 7. That the bands of the regiments of infantry and of the regiments of cavalry shall be paid as follows: one-fourth of each shall receive the pay and allowances of sergeants of engineer soldiers, one-fourth those of corporals of engineer soldiers, and the remaining half those of privates of engineer soldiers of the first class, and the leaders of the band shall receive the same pay and emoluments as second lieutenants of infantry.

SEC. 8. That the wagoners and saddlers shall receive the pay and allowances of corporals' of cavalry; the regimental commissary-sergeant shall receive the pay and allowances of regimental sergeant-major, and the regimental quartermaster-sergeant shall receive the pay, and allowances of a sergeant of cavalry.

SEC. 9. That there shall be allowed to each regiment one chaplain, who shall be appointed by the regimental commander on the vote of the field-officers and company-commanders on duty with the regiment at the time the appointment shall be

1 See sec. 3, chap. 144, 11 July, 1862, post, for those enlisting in 1862. 2 See chap. 166, 14 July, 1862.

4 $20 per month.

6 Reduced to $45, &c., by sec. 6, chap. 200, 17 July, 1862.

3 $34 per month.

5 $17 per month.

7 $14 per month.

9 Regimental commissary-sergeant, by sec. 4, chap. 200, 17 July, 1862.

made. The chaplain so appointed must be a regular ordained minister of a Christian denomination, and shall receive the pay and allowances of a captain of cavalry, and shall be required to report to the colonel commanding the regiment to which he is attached, at the end of each quarter, the moral and religious condition of the regiment, and such suggestions as may conduce to the social happiness and moral improvement of the troops.

SEC. 10. That the general commanding a separate department or a detached army is hereby authorized to appoint a military board or commission of not less than three nor more than five officers, whose duty it shall be to examine the capacity, qualifications, propriety of conduct, and efficiency of any commissioned officer of volunteers within his department or army, who may be reported to the board or commission, and upon such report, if adverse to such officer, and if approved by the President of the United States, the commission of such officer shall be vacated: Provided, always, That no officer shall be eligible to sit on such board or commission whose rank or promotion would in any way be affected by its proceedings, and two members, at least, if practicable, shall be of equal rank of the officer being examined. And when vacancies occur in any of the companies of volunteers, an election shall be called by the colonel of the regiment to fill such vacancies, and the men of each company shall vote in their respective companies for all officers as high as captain, and vacancies above captain shall be filled by the votes of the commissioned officers of the regiment, and all officers so elected shall be commissioned by the respective governors of the states, or by the President of the United States.

SEC. 11. That 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 PostOffice Department may prescribe, the postage thereon to be paid by the recipients.

SEC. 12. 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,

1 $148.50 per month; but see sec. 8 and 9, chap. 200, 17 July, 1862.

2 All in italics repealed by sec. 3, chap. 57, 6 August, 1861.

by which the family of the volunteer may draw such portions of his pay as he may request.1

[Approved, July 22, 1861.]

[By chap. 15, July 24, 1861, vol. 12, p. 273, $11,500 appropriated to pay certain musicians and soldiers stationed at Fort Sumter, South Carolina, for losses of private property sustained by them in removing from Fort Moultrie to Fort Sumter, 26 December, 1860.]

CHAPTER 16.-Approved, July 24, 1861.-Vol. 12, p. 274.

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 governor of said state, and that for such period, under existing laws, no payment can be made: Therefore, 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. 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.]

CHAPTER 17.-Approved, July 25, 1861.-Vol. 12, p. 274.

An Act in addition to the "Act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property," approved July twenty-second, eighteen hundred and sixty-one.2

That the President of the United States be, and he is hereby, authorized to accept the services of volunteers, either as cavalry, 2 Chap. 9

1 See chap. 4, 24 Dec. 1861.