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to every section of the country: Provided, That in any call for troops hereafter, no county, town, township, ward, precinct, or election district shall have credit except for men actually furnished on said call or the preceding call by said county, town, township, ward, precinct, or election district, and mustered into the military or naval service on the quota thereof.
SEC. 15. That in computing quotas hereafter, credit shall be given to the several States, districts, and subdistricts for all men furnished from them, respectively, and not heretofore credited, during the present rebellion, for any period of service of not less than three months, calculating the number of days for which such service was furnished, and reducing the same to years: Provided, That such credits shall not be applied to the call for additional troops made by the President on the twenty-first day of December, eighteen hundred and sixty-four.
SEC. 16. That persons who have been, or may hereafter be, drafted, under the provisions of the several acts to which this is an amendment, for the term of one year, and who have actually furnished, or may actually furnish, acceptable substitutes (not liable to draft) for the term of three years, shall be exempt from military duty during the time for which such substitutes shall not be liable to draft, not exceeding the time for which such substitutes shall have been mustered into the service, anything in the act of February twenty-fourth, eighteen hundred and sixty-four, to the contrary notwithstanding.
SEC. 19. That in every case where a substitute is furnished to take the place of an enrolled or drafted man, and it is shown by evidence that shall be satisfactory to the Secretary of War that such substitute was, at the time of his enlistment, known by the party furnishing him to be non compos mentis, or in a condition of intoxication, or under conviction or indictment for any offense of the grade of felony at the common law, or to have been guilty of a previous act of desertion unsatisfied by pardon or punishment, or, by reason of any existing infirmity or ailment, physically incapable of performing the ordinary duties of a soldier in actual service in the ranks, or minor between the ages of sixteen and eighteen years, without the consent of his parent or guardian, or a minor under the age of sixteen years, it shall be the duty of the Provost-Marshal-General, on advice of the fact, to report the same to the provost-marshal of the proper district; and if such person so enlisted and incapable shall have been, since the passage of this act, mustered into the service as a substitute for a person liable to draft and not actually drafted, the name of the person so liable who furnished such substitute shall be again placed on the list, and he shall be subject to draft thereafter as though no such substitute had been furnished by him; and if such substitute so enlisted and incapable as aforesaid shall have been, since the passage of this act, mustered into the service as a substitute for a person actually drafted, then it shall be the duty of the Provost-Marshal-General to direct the provostmarshal of the district immediately to notify the person who furnished such substitute that he is held to service in the place of such substitute, and he shall stand in the same relation and be subject to the same liability as before the furnishing of such substitute.
SEC. 20. That in case any substitute shall desert from the army, and it shall appear by evidence satisfactory to the Secretary of War that the party furnishing such substitute shall have, in any way, directly or indirectly, aided or abetted such desertion, or to have been privy to any intention on the part of such substitute to desert, then such person shall be immediately placed in the army, and shall serve for the period for which he was liable to draft, such service to commence at the date of the desertion of the substitute.
SEC. [22.] That the third section of the act entitled “ An act [further] to regulate and provide for the enrolling and calling out the national forces, and for other purposes," approved July fourth, eighteen hundred and sixty-four, be, and the same is hereby, repealed.
SEC. [23.] That any person or persons enrolled in any subdistrict may, after notice of a draft, and before the same shall have taken place, cause to be mustered into the service of the United States such number of recruits, not subject to draft, as they may deem expedient, which recruits shall stand to the credit of the persons thus causing them to be mustered in, and shall be taken as substitutes for such persons, or so many of them as may be drafted, to the extent of the number of such recruits, and in the order designated by the principals at the time such recruits are thus as aforesaid mustered in.
Sec. (26.] That acting assistant surgeons, contract surgeons, and surgeons and commissioners on the enrolling boards, while in the military service of the United States, shall hereafter be exempt from all liability to be drafted under the provisions of any act for enrolling and calling out the national forces.
SEC. [27.] That this act shall take effect from and after its passage: Provided, shat nothing herein contained shall operate to postpone the pending draft, or interfere with the quotas assigned therefor,
Act of July 28, 1866 (14 Stats., 332).
AN ACT to increase and fix the military peace establishment of the United States.
SEC. 33. That the Provost-Marshal-General's Office and Bureau shall be continued only so long as the Secretary of War shall deem necessary, not exceeding thirty days after the passage of this act.
July 28, 1866.-By General Orders, No. 66, A. G. O., August 20, 1866, this Bureau was ordered chiscontinued August 28, the business of the Bureau to be thereafter conducted through the Adjutant-General of the Army.
Act of March 3, 1873 (17 State., 566).
AN ACT to revise, consolidate, and amend the laws relating to pensions. That if
any provost-marshal, deputy provost-marshal, or enrolling officer, disabled by reason of any wound or injury received in the discharge of his duty to procure a subsistence by manual labor, has been
or shall hereafter be impaired by reason of such disability, he shall, upon making due proof of the fact,
be placed upon the list of invalid pensioners of the United States?
1 This provision is embodied in section 4693 of the Revised Statutes.
Provisions selected while this work was going through the press, but too
late for insertion in their appropriate places.
STATUTES AT LARGE.
Act of March 16, 1802 (2 Stats., 132).
AN ACT fixing the military establishment of the United States.
SEC. 5. That the commissioned officers aforesaid shall be entitled to receive, for their daily subsistence, the following number of rations of provisions: a colonel, six rations; a lieutenant-colonel, five rations; a major, four rations; a captain, three rations; a lieutenant, two rations;
or money in lieu thereof at the option of the said officers
at the posts respectively where the rations shall become due;
AN ACT making further provision for the Army of the United States, and for other
SEC. 4. That the President is hereby authorized to confer brevet rank on such officers of the Army as shall distinguish themselves by gallant actions or meritorious conduct, or who shall have served ten years in any one grade.
March 3, 1845 (5–732).– Franking privilege abolished; accounts for official postage to be paid from contingent fund of the bureau to which the officer belongs. By Joint Resolution No. 13, of same date (5–800), this act was declared to take effect July 1, 1815, and not sooner.
Art of March 3, 1863 (12 Stats., 731).
AN ACT for enrolling and calling out the national forces, and for other purposes.
Sec. 31. That any officer absent from duty with leave, except for sickness or wounds, shall, during his absence, receive half of the pay and allowances prescribed by law, and no more.
Act of June 20, 1864 (13 Stats., 144).
AN ACT to increase the pay of soldiers in the United States Army, and for other
Sec. 11. That the thirty-first section of an act entitled “An act for enrolling and calling out the national forces, and for other purposes, approved March third, one thousand eight hundred and sixty-three, be, and the same is hereby, so amended as that an officer may have, leave of absence for other cause than sickness or wounds without deduction from his pay or allowances: Provided, That the aggregate of such absence shall not exceed thirty days in any one year.
AN ACT to increase and fix the military peace establishment of the United States.
SEC. 34. That all officers who have served during the rebellion as volunteers in the armies of the United States, and who have been or may hereafter be honorably mustered out of the volunteer service, shall be entitled to bear the official title, and upon occasions of ceremony to wear the uniform of the highest grade they have held by brevet or other commissions in the volunteer service. In case of officers of the Regular Army the volunteer rank shall be entered upon the official army register: Provided, That these privileges shall not entitle any officer to command, pay, or emoluments.
March 2, 1867 (14–434).—The act of June 20, 1864 (13–144), increasing the pay of enlisted men, not to be construed as to increase the emoluments of the commissioned officers at the date of its passage. The first section of the act of March 3, 1865 (13-487), relative to officers' servants, not intended to be retrospective or retroactive in its operation.
Act of July 11, 1868 (15 Stats., 85.)
AN ACT prescribing an oath of office to be taken by persons from whom legal disa
bilities shall have been removed.
That whenever any person who has participated in the late rebellion
has been or shall be • appointed to any office or place of trust in or under the Government of the United States, he shall, before entering upon the duties thereof, instead of the oath prescribed by the act of July two, eighteen hundred and sixty-two, take and subscribe the following oath or affirmation:
1, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
Act of May 8, 1874 (18 Stats., 43). AN ACT to amend the thirty-first section of an act entitled “An act for enrolling
and calling out the national militia, and for other purposes," approved March third, eighteen hundred and sixty-three.
That all officers on duty at any point west of a line drawn north and south through Omaha city, and north of a line drawn east and west upon the southern boundary of Arizona, shall be allowed sixty days' leave of absence without deduction of pay or allowances: Provided, That the same is taken but once in two years: And provided further, That the leave of absence may be extended to three months, if taken once only in three years; or four months if taken once only in four years.
Act of July 29, 1876 (19 Stats., 102).
AN ACT to amend an act approved May eight, eighteen hundred and seventy-four,
in regard to leave of absence of Army officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act approved May eight, eighteen hundred and seventy-four, in regard to leave of absence of Army officers, be, and the same is hereby, so amended that allofficers on duty shall be allowed, in the discretion of the Secretary of War, sixty days' leave of absence without deduction of pay or allowance: Provided, That the same be taken once in two years: And provided further, That the leave of absence may be extended to three months, if taken once only in three years, or four months if taken once only in
This act shall take effect from and after its passage.
SEC. 1205. Line officers may be transferred to the staff without prejudice to their rank or promotion in the line; when they become entitled to a regimental grade equal to that they hold in the staff, they must vacate either commission.
Sec. 1209. The President may confer brevet commissions for distinguished conduct and public service in presence of the enemy.
SEC. 1218. No person who has served in any capacity in the military, naval, or civil service of the so-called Confederate States, or of either of the States in insurrection during the late rebellion, shall be appointed to any position in the Army of the United States.
Sec. 1226. All officers who have served during the rebellion as volunteers in the Army of the United States, and have been honorably mustered out of the volunteer service, shall be entitled to bear the official title, and upon occasions of ceremony to wear the uniform of the highest grade they have held, by brevet or other commissions, in the volunteer service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names respectively, upon the Army Register.