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General M. C. Meigs, on behalf of the Government, and E. Leutze, the artist, on the ninth day of July, eighteen hundred and sixty-one.

Approved July 5, 1862.

BY ORDER OF THE SECRETARY OF WAR:

E. D. TOWNSEND, Assistant Adjutant General.

General Orders,

No. 78.

WAR DEP'T, Adjutant GeneRAL'S OFFICE,
Washington, July 14, 1862.

I. The many evils which arise from giving furloughs to enlisted men, require that the practice shall be discontinued. Hospitals, provided with ample medical attendance, nurses, food, and clothing, are established by the Government, at great expense, not only near the scenes of active military operations, but in many of the Northern States. When it is expedient and advisable, sick and wounded patients may, under the direction of the Surgeon General, be transferred in parties, but not in individual cases, to hospitals at the North; and, as far as practicable, the men will be sent to States in which their regiments were raised, provided United States hospitals have been established there. Such regulations will be adopted at all the hospitals as will permit relatives and friends to visit the patients, and furnish them with comforts, at such hours and in such manner as will not interfere with the discipline of the hospitals and the welfare of the mass of patients. The men will thus be under the fostering care of the Government while unfit for duty; will be in position to be promptly discharged if proper, and being always under military control, will be returned to their regiments as soon as they are able to resume their duties. The unauthorized removal of soldiers from under the control of the United States authorities, by any agents whatever, subjects them to loss of pay and other penalties of desertion.

II. At large camps, depots, or posts, where absentees arrive en route to their companies, the commanding officers will immediately set apart a particular place where the men may be quartered, in buildings, tents, or huts, as soon as they arrive, and may, without delay, receive food and clothing. Parties will be detailed to await at landing places the arrival of such soldiers, and to direct them to their quarters. They will be assigned immediately to temporary companies, composed as far as possible of men from the same regiments or brigades; and each of these companies will be forwarded in a body to the command to which they belong, according to the directions contained in paragraph I. of "General Orders, No. 72.

III. Chaplains appointed by the President for hospitals, will be assigned by the Surgeon General to hospitals in the cities for which they were appointed. Should the breaking up of a hospital leave a chaplain supernumerary in any city, the fact will be immediately reported to the Adjutant General. Chaplains will be subordinate to the hospital surgeons. Leaves of absence will be granted them by the Surgeon General when approved by the Surgeons in charge of their hospitals.

BY ORDER OF THE SECRETARY OF WAR:

L. THOMAS, Adjutant General.

General Orders,

No. 79.

WAR DEP'T, Adjutant GeneRAL'S OFFICE,
Washington, July 15, 1862.

I. The following Acts of Congress are published for the information of all concerned :

1.-AN ACT making appropriations for the payment of the bounty authorized by the sixth 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 twenty-second, eighteen hundred and sixty-one, 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 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 payment 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 sixth 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 twenty-second, eighteen hundred and sixty-one, 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 widow nor child nor 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 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 committees on disloyal employees of the Government, appointed by resolution of the House of Representatives, July eight, eighteen hundred and sixty-one.

SEC. 3. And be it further enacted, That that part of the sixth section of 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, 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, eighteen hundred and sixty-one, or shall enlist in the regular forces during the year eighteen hundred and sixty-two, 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 11, 1862.

2.--AN ACT to provide for additional medical officers of the volunteer service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed by the Presi dent, by and with the advice and consent of the Senate, forty surgeons and one hundred and twenty assistant surgeons of volunteers, who shall have the rank, pay, and emoluments of officers of corresponding grades in the regular army: Provided, That no one shall be appointed to any position under this act unless he shall previously have been examined by a board of medical o.fi

cers to be appointed by the Secretary of War, and that vacancies in the grade of surgeon shall be filled by selection from the grade of assistant surgeon on the ground of merit only: And provided further, That this act shall continue in force only during the existence of the present rebellion.

SEC. 2. And be it further enacted, That from and after the passage of this act brigade surgeons shall be known and designated as surgeons of volunteers, and shall be attached to the general medical staff under the direction of the Surgeon General; and hereafter such appointments for the medical service of the army shall be appointed surgeons of volunteers.

SEC. 3. And be it further enacted, That instead of " one assistant surgeon," as provided by the second section of the act of July 22d, 1861, each regiment of volunteers in the service of the United States shall have two assistant surgeons.

Approved July 2, 1862.

II. Under the provisions of the foregoing act approved July 2, 1862, the Brigade Surgeons already appointed are transferred, according to their present rank, to the Corps of Volunteer Surgeons, which will accordingly consist of those officers and of the forty provided for by the act.

The Surgeon General will appoint a Board to examine such persons as may be authorized by the Secretary of War to present themselves before it as candidates for the forty vacancies in the grade of Surgeon and one hundred and twenty in that of Assistant Surgeon.

Applications for the appointments will be made to the Adjutant General of the Army, in the handwriting of the applicant, accompanied by one or more testimonials from respectable persons in regard to moral character.

The Board of Examiners will determine whether the candidate be fit for the position of Surgeon or Assistant Surgeon; but no one under thirty years of age will be appointed to the former grade, or under twenty-one years, to the latter grade.

After all the vacancies have been filled in the manner here prescribed, future examinations will be for the grade of Assistant Surgeon only, and vacancies which may happen in the grade of Surgeon will be filled by the appointment of Assistant Surgeons who shall have shown themselves worthy of promotion by a faithful performance of duty and general good conduct.

BY ORDER OF THE SECRETARY OF WAR:

L. THOMAS, Adjutant General.

General Orders,

No. 80.

WAR DEP'T, ADJutant GeneraL'S OFFICE,
Washington, July 16, 1862.

The following Act of Congress is published for the information and government of all concerned:

AN ACT to prescribe an oath of office, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter every person elected or appointed to any office of honor or profit under the Government of the United States, either in the civil, military, or naval departments of the public service, excepting the President of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe to the following oath or affirmation: "I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted

nor attempted to exercise the functions of any office whatever under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And Í do further swear (or affirm) that, to the best of my knowledge and ability, 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;" which said oath, so taken and signed, shall be preserved among the files of the Court, House of Congress, or Department to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offence, shall be deprived of his office and rendered incapable forever after of holding any office or place under the United States.

Approved July 2, 1862.

BY ORDER OF THE SECRETARY OF WAR:

L. THOMAS, Adjutant General.

General Orders, }

No. 81.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,

Washington, July 17, 1862.

I.--At the General Court Martial which convened at Fort Columbus, New York Harbor, pursuant to "Special Orders," No. 143, of June 24, 1862, from the War Department, and of which Colonel WILLIAM GATES, Third Artillery, is President, was arraigned and tried First Lieutenant Wesley F. Miller, Seventh Infantry, on the following charge and specifications:

CHARGE.

"Repeated neglect of duty, to the prejudice of good order and military discipline."

Specification 1st-"In this; that he, First Lieutenant Wesley F. Miller, Seventh Infantry, being in command of Company “F,” Permanent Party, a part of the garrison of Fort Columbus, and the only officer present, did neglect to attend Reveille roll call of said company on the morning of June 12, 1862." Specification 2d-“In this; that he, the said First Lieutenant Wesley F. Miller, Seventh Infantry, did neglect to drill his company on the morning of the 12th June, 1862."

Specification 3d-"In this; that he, the said First Lieutenant Wesley F. Miller, Seventh Infantry, having had his attention called to this neglect and disobedience on the 12th June, 1862, by Colonel Loomis, Fifth Infantry, commanding post, did, notwithstanding such admonition, neglect to drill his company on the morning of June 13, 1862. All this at Fort Columbus, Governor's Island, harbor of New York."

To which charge and specifications the accused pleaded as follows:
To the Specifications, "Guilty."

To the CHARGE, "Not Guilty."

FINDING OF THE COURT.

After mature deliberation, the Court finds the accused, First Lieutenant Wesley F. Miller, Seventh Infantry, "Guilty" of the charge and specifications preferred against him, and does therefore sentence him "To be reprimanded in General Orders from the War Department."

II. The proceedings of the General Court Martial in the foregoing case

326

have been submitted to the Secretary of War, and the following is his order thereon: "Lieutenant W. F. Miller, Seventh Infantry, is found guilty of neglect and violation of duty, deserving the serious censure of the Department."

III. The General Court Martial of which Colonel WILLIAM GATES, Third Artillery, is President, is dissolved.

BY ORDER OF THE SECRETARY OF WAR:

L. THOMAS, Adjutant General.

General Orders,

No. 82.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,
Washington, July 21, 1862

The following order has been received from the President of the United
States:

Representations have been made to the President by the Ministers of various foreign powers in amity with the United States, that subjects of such powers have, during the present insurrection, been obliged or required by military authorities to take an oath of general or qualified allegiance to this Government. It is the duty of all aliens residing in the United States to submit to and obey the laws, and respect the authority of the Government. For any proceeding or conduct inconsistent with this obligation, and subversive of that authority, they may rightfully be subjected to military restraints when this may be necessary. But they cannot be required to take an oath of allegiance to this Government, because it conflicts with the duty they owe to their own sovereigns. All such obligations heretofore taken are, therefore, remitted and annulled. Military Commanders will abstain from imposing similar obligations in future, and will, in lieu thereof, adopt such other restraints of the character indicated as they shall find necessary, convenient, and effectual, for the public safety. It is further directed that whenever any order shall be made affecting the personal liberty of an alien, reports of the same, and of the causes thereof, shall be made to the War Department, for the consideration of the Department of State.

BY ORDER OF THE SECRETARY OF WAR:

General Orders, }

No. 83.

L. THOMAS, Adjutant General.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,

In organizing new Regiments of Volunteers, the subsistence of the recruits, Washington, July 22, 1862. prior to the completion of the organization, will be chargeable against the appropriation "for collecting, drilling, and organizing volunteers." organization of the regiments is completed, and they have been inspected by After the the mustering officer for the State, Subsistence will be provided by the Subsistence Department.

BY ORDER OF THE SECRETARY OF WAR:

L. THOMAS, Adjutant General.

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WAR DEP'T, ADJUTANT GENERAL'S OFFICE,

Washington, July 22, 1862.

The designation in " General Orders" No. 125, from the "Headquarters Army of the Potomac," of the forces commanded by Brigadier Generals Porter and Franklin, as the 5th and 6th Army Corps, is hereby confirmed.

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