CONGRESS. (WAR MEASURES.) 



185 



committee, it was approved by the President, April 

 22, in the following form : 



" Be it enacted, etc., That all able-bodied male 

 citizens of the United States, and persons of foreign 

 birth who shall have declared their intention to be- 

 come citizens of the United States under and in 

 pursuance of the laws thereof, between the ages of 

 eighteen and forty-five years, are hereby declared 

 to constitute the national forces, and, with such ex- 

 ceptions and under such conditions as may be pre- 

 scribed by law, shall be liable to perform military 

 duty in the service of the United States. 



"SEC. 2. That the organized ' and active land 

 forces of the United States shall consist of the 

 Army of the United States and of the militia of the 

 several States when called into the service of the 

 United States : Provided, That in time of war the 

 army shall consist of two branches, which shall be 

 designated, respectively, as the Regular Army and 

 the Volunteer Army of the United States. 



" SEC. 8. That the Regular Army is the perma- 

 nent military establishment, which is maintained 

 both in peace and war according to law. 



" SEC. 4. That the Volunteer Army shall be main- 

 tained only during the existence of war, or while 

 war is imminent, and shall be raised and organized, 

 as in this act provided, only after Congress has or 

 sliull have authorized the President to raise such a 

 force or to call into the actual service of the United 

 States the militia of the several States : Provided, 

 That all enlistments for the Volunteer Army shall 

 be for a term of two years, unless sooner termi- 

 nated, and that all officers and men composing said 

 army shall be discharged from the service of the 

 United States when the purposes for which they 

 were called into service shall have been accom- 

 plished, or on the conclusion of hostilities. 



" SEC. 5. That when it becomes necessary to raise 

 a volunteer army the President shall issue his proc- 

 lamation stating the number of men desired, within 

 such limits as may be fixed by law, and the Secre- 

 tary of War shall prescribe such rules and regula- 

 tions, not inconsistent with the terms of this act, as 

 may in his judgment be necessary for the purpose 

 of examining, organizing, and receiving into serv- 

 ice the men called for: Provided, That all men 

 received into service in the Volunteer Army shall, 

 as far as practicable, be taken from the several 

 States and Territories and the District of Columbia 

 and the Indian Territory in proportion to their 

 population. And any company, troop, battalion, 

 or regiment from the Indian Territory shall be 

 formed and organized under such rules and regula- 

 tions as shall be prescribed by the Secretary of War. 



"SEC. 6. That the Volunteer Army and the mili- 

 tia of the States when called into the service of 

 the United States shall be organized under, and 

 shall be subject to, the laws, orders, and regulations 

 governing the Regular Army : Provided, That each 

 regiment of the Volunteer Army shall have one 

 surgeon, two assistant surgeons, and one chaplain, 

 and that all the regimental and company officers 

 shall be appointed by the governors of the States in 

 which their respective organizations are raised : 

 Provided further, That when the members of any 

 company, troop, battery, battalion, or regiment of 

 the organized militia of any State shall enlist in the 

 Volunteer Army in a body, as such company, troop, 

 battery, battalion, or regiment, the regimental, 

 company, troop, battery, and battalion officers in 

 service with the militia organization thus enlisting 

 may be appointed by the governors of the States 

 and Territories, and shall when so appointed be 

 officers of corresponding grades in the same organ- 

 ization when it shall have been received into the 

 service of the United States as a part of the Volun- 

 teer Army. Provided further, That the President 



may authorize the Secretary of War to organize 

 companies, troops, battalions, or regiments, pos- 

 sessing special qualifications, from the nation at 

 large, not to exceed three thousand men, under 

 such rules and regulations, including the appoint- 

 ment of the officers thereof, as may be prescribed 

 by the Secretary of War. 



"SEC. 7. That all organizations of the Volunteer 

 Army shall be so recruited from time to time as to 

 maintain them as near to their maximum strength 

 as the President may deem necessary, and no new 

 organization shall be accepted into service from any 

 State unless the organizations already in service 

 from such State are as near to their maximum 

 strength of officers and enlisted men as the Presi- 

 dent may deem necessary. 



" SEC. 8. That all returns and muster rolls of or- 

 ganizations of the Volunteer Army and of militia 

 organizations while in the service of the United 

 States shall be rendered to the adjutant general of 

 the army, and upon the disbandment of such or- 

 ganizations the records pertaining to them shall be 

 transferred to and filed in the Record and Pension 

 Office of the War Department. And regimental 

 and all other medical officers serving with volunteer 

 troops in the field or elsewhere shall keep a daily 

 record of all soldiers reported sick or wounded, as 

 shown by the morning call or reports, and shall 

 deposit such reports, with other reports provided 

 for in this section, with the Record and Pension 

 Office, as provided herein for other reports, return 

 and muster rolls. 



" SEC. 9. That in time of war, or when war is im- 

 minent, the troops in the service of the United 

 States, whether belonging to the Regular or Vol- 

 unteer Army or to the militia, shall be organized, 

 as far as practicable, into divisions of three bri- 

 gades, each brigade to be composed of three or more 

 regiments ; and whenever three or more divisions 

 are assembled in the same army the President is 

 authorized to organize them into army corps, each 

 corps to consist of not more than three divisions. 



" SEC. 10. That the staff of the commander of an 

 army corps shall consist of one assistant adjutant 

 general, one chief engineer, one inspector general, 

 one chief quartermaster, one chief commissary of 

 subsistence, one judge advocate, and one chief sur- 

 geon, who shall have, respectively, the rank of 

 lieutenant colonel ; one assistant adjutant general, 

 who shall have the rank of captain, and the aids-de- 

 camp authorized by law. The staff of the com- 

 mander of a division shall consist of one assistant 

 adjutant general, one inspector general, one chief 

 quartermaster, one chief commissary of subsist- 

 ence, and one chief surgeon, who shall have, re- 

 spectively, the rank of major, and the aids-de-camp 

 authorized by law. The staff of the commander of 

 a brigade shall consist of one assistant adjutant 

 general, one engineer officer, one assistant quarter- 

 master, and one commissary of subsistence, each 

 with the rank of captain, one surgeon, and the aids- 

 de-camp authorized by law. The staff officers here- 

 in authorized for the corps, division, and brigade 

 commanders may be appointed by the President, 

 by and with the advice and consent of the Senate, 

 as officers of the Volunteer Army, or may be as- 

 signed by him, in his discretion, from officers of the 

 Regular Army or the Volunteer Army, or of the 

 militia in the service of the United States : Pro- 

 vided, That when relieved from such staff service 

 said appointments or assignments shall terminate. 



" SEC. 11. That the President is hereby authorized 

 to appoint in the Volunteer Army, by and with the 

 advice and consent of the Senate, not exceeding 

 one major general for each organized army corps 

 and division, one brigadier general for each brigade, 

 and any officer so selected and appointed from the 



