of the army, who will communicate the same to the Gover nor of the State to which the officer belongs. A clear statement of the cause will accompany every resignation.

1648. Vacancies occurring among the commissioned officers in volunteer regiments will be filled by the Governors. of the respective States by which the regiments were furnished. Information of such appointments will, in all cases, be furnished to the adjutant-general of the army.

CHAPTER XIV.

EXTRACTS FROM ACTS OF CONGRESS.

ACT OF JULY, 1861.

SEC. 6. And be it further enacted, 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.

CHAPTER CXLIV., ACTS OF THIRTY-SEVENTH CONGRESS.

An act making appropriations for the payment of the bounty authorized by the 6th section of an act entitled "An Act to authorize the Employment of Volunteers to aid in enforcing the Laws and protecting Public Property, and for other purposes," approved July 22d, 1861.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assem· bled, That the following sums be, and the same are hereby,

appropriated, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, viz.:

For payments of the bounty to widows, children, fathers, mothers, brothers, and sisters of such volunteers as may have died or been killed, or may die or be killed, in service, authorized by the 6th section of an act entitled "An Act to authorize the Employment of Volunteers to aid in enforcing the Laws, and protecting Public Property," approved July 22d, 1861, five millions of dollars, or so much thereof as may be found necessary. Provided, That said bounty shall be paid to the following persons, and in the order following, and to no other person, to wit: first, to the widow of such deceased soldier, if there be one; second, if there be no widow, then to the children of such deceased soldier, share and share alike; third, if such soldier left neither a widow, or child or children, then, and in that case, such bounty shall be paid to the following persons, provided they be residents of the United States, to wit: first, to his father; or if he shall not be living, or has abandoned the support of his family, then to the mother of such soldier; and if there be neither father nor mother as aforesaid, then such bounty shall be paid to the brothers and sisters of the deceased soldier, resident as aforesaid.*

For compensation of twenty additional clerks, hereby authorized to be employed in the office of the Commissioner

*It will not fail to be noticed that the act of Congress of July 14th, 1861, says that "the widow, if there be one, and if not, the legal heirs of such as die or may be killed in the service, in addition to all arrears of pay and allowances, shall receive the sum of one hundred dollars." This language is very explicit, and admits of no doubt as to the meaning; yet in this act making appropriation for payment of the bounty it is altered very materially. Instead of the legal heirs of those who die being paid the bounty, it is here provided that the same shall only be paid to such heirs residing in the United States. The question thus arises whether or not the act of July, 1861, was in the nature of a contract with all persons enlisting under it. If it be held to be so, it is doubtful whether Congress can afterwards abrogate that contract, and by a new law cut off the legal heirs of a soldier from their inheritance merely on the ground of nonresidence. See Opin. Secretary of Interior, case of Abigail McKindley.

of Pensions, to wit: For fifteen clerks of the first class, eighteen thousand dollars; for five clerks of the second class, seven thousand dollars.

SEC. 2. And be it further enacted, That the sum of three thousand dollars, or so much thereof as may be found necessary, be, and the same is hereby, appropriated for the expenses of the Committee on Disloyal Employees of the Government, appointed by resolution of the House of Representatives, July 8th, 1861.

SEC. 3. And be it further enacted, That that part of the 6th section of act "To authorize the Employment of Volunteers to aid in enforcing the Laws, and protecting Public Property," approved July 22d, 1861, which secured to the widow, if there be one, and if not, the legal heirs of such volunteers as die or may be killed in service, in addition to all arrears of pay and allowances, a bounty of one hundred dollars, shall be held to apply to those persons who have enlisted in the regular forces since the first day of July, 1861, or shall enlist in the regular forces during the year 1862, and be paid to the heirs named in this act; and that the bounties herein provided for shall be paid out of any money appropriated for bounty to volunteers.

Approved July 11th, 1862.

CHAPTER CLXVI., ACTS OF THIRTY-SEVENTH CONGRESS.

AN ACT TO GRANT PENSIONS.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any officer, non-commissioned officer, musician, or private of the army, including regulars, volunteers, and militia, or any officer, warrant or petty officer, musician, seaman, ordinary seaman, flotillaman, marine, clerk, landsman, pilot, or other person in the navy or marine corps, has been, since the fourth day of March, eighteen hundred and

sixty-one, or shall hereafter be disabled,* by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, he shall, upon making due proof of the fact according to such forms and regulations as are or may be provided by or in pursuance of law, be placed upon the list of invalid pensions of the United States, and be entitled to receive, for the highest rate of disability, such pension as is hereinafter provided in such cases, and for an inferior disability, an amount proportionate to the highest disability, to commence as hereinafter provided, and continue during the existence of such disability. The pension for a total disability for officers, non-commissioned officers, musicians, and privates employed in the military service of the United States, whether regulars, volunteers, or militia, and the marine corps, shall be as follows, viz. lieutenant-colonel, and all officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month; captain, twenty dollars per month; first lieutenant, seventeen dollars per month; second lieutenant, fifteen dollars per month; and non-commissioned officers, musicians, and privates, eight dollars per month. The pension for total disability for officers, warrant or petty officers, and others employed in the naval service of the United States, shall be as follows, viz.: captain, commander, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, lieutenant commanding, and master commanding, thirty dollars per month; lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant-surgeon, twenty-five dollars per month; professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain, twenty

The word disabled means any degree of personal disability which renders the individual less able to provide for his subsistence. A seaman disabled by punishment inflicted by an enemy for attempting to escape, after having been taken prisoner, is within the spirit of the law. 2 Opin. 542, 545; 1 Id., 461; Arcadi vs. United States, Dev. C. C., 134.