SEC. 3. That the President shall be authorized to appoint, by and with the advice and consent of the Senate, for the command of the volunteer forces, such number of major-generals and of brigadier-generals as may, in his judgment, be required for their organization.a

Act of July 29:

That there shall be added to the Regular Army, as now authorized by law, nine regiments of infantry, one regiment of cavalry, and one regiment of artillery; each regiment of infantry to consist of not less than two, nor more than three battalions, as the exigencies of the public service may, in the opinion of the President of the United States, demand; each battalion to consist of eight companies, each company to consist of one captain, one first and one second lieutenant, one first sergeant, four sergeants, eight corporals, two musicians, and as many privates, not exceeding eightytwo, as the President of the United States may, according to the requirements of military service, direct.

The regiment of cavalry hereby authorized shall consist of not more than three battalions, of not more than two squadrons each, and each squadron shall consist of two companies, each company to be composed of one captain, one first lieutenant and one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, eight corporals, two musicians, two farriers, one saddler, one wagoner, and as many privates, not exceeding seventy-two, as the President of the United States may, according to the requirements of the military service, direct.

The regiment of artillery hereby authorized shall consist of not more than 12 batteries, and each battery shall consist of 1 captain, 1 first and 1 second lieutenant, and 1 first sergeant, 4 sergeants, 8 corporals, 2 musicians, 2 artificers, 1 wagoner, and as many privates, not exceeding 122, as the President of the United States may, according to the requirements of the military service, direct. And there may be added to the aforesaid battery organization, at the discretion of the President, having due regard to the public necessities and means, 1 first and 1 second lieutenant, 2 sergeants, and 4 corporals.

SEC. 2. That the field and staff, commissioned and noncommissioned officers of the regiment hereinbefore authorized shall be as follows:

To each regiment of infantry, one colonel, one lieutenant-colonel, one regimental adjutant, one regimental quartermaster and commissary, one drum-major or leader in the band, and two principal musicians; and to each battalion of infantry, one major, one battalion adjutant, one battalion quartermaster and commissary, one sergeantmajor, one quartermaster-sergeant, one commissary-sergeant, and one hospital steward; the regimental and battalion adjutants and quartermasters and commissaries to be taken from the lieutenants of the regiments and battalions, respectively. To the regiment of cavalry, one colonel, one lieutenant-colonel, one regimental adjutant, one regimental quartermaster and commissary, and two chief buglers; and to each battalion of cavalry, one major, one battalion adjutant, one battalion quartermaster and commissary, one sergeant-major, one quartermaster-sergeant, one commissarysergeant, one hospital steward, one saddler sergeant, and one veterinary-sergeant, the regimental adjutant and the regimental and battalion quartermasters and commissaries to be taken from the lieutenants of the regiments and battalions, respectively. To the regiment of artillery, one colonel, one lieutenant-colonel, one major to every four batteries, one adjutant, one regimental quartermaster, and a commissary, to be taken from the lieutenants of the regiment; one sergeant-major, one quartermastersergeant, one commissary-sergeant, two principal musicians, and one hospital steward; and the bands of the regular regiments shall consist of not more than twenty-four musicians for each regiment of infantry and artillery, and sixteen musicians for each regiment of mounted troops.

SEC. 3. That there shall be added to the Army of the United States the following general officers, namely: Four major-generals, with three aids-de-camp each, to be taken from captains or lieutenants of the Army, and six brigadier-generals, with two aids-de-camp each, to be taken from the lieutenants of the Army.

SEC. 4. That the officers and enlisted men raised in pursuance of the foregoing sections shall receive the same pay, emoluments, and allowances, and be on the same footing in every respect with those of corresponding grades and corps now in the regular service. The regimental bands will be paid as follows: One-fourth of each the pay and allowances of sergeants of engineer soldiers; one-fourth those of corporals of engineer soldiers, and one-half those of engineer soldiers of the first class. The drum-major or leader of the band the pay and emoluments of a second lieutenant of infantry. The saddler-sergeants, veterinary-sergeants, company quartermaster-sergeants, and drum-majors will receive the pay and allowances of sergeants of cavalry.

"Callan's Military Laws of the United States, p. 471.

The battalion adjutant and battalion quartermasters and commissaries will receive the emoluments now provided by law for regimental adjutants.

SEC. 5. That the term of enlistment made and to be made in the years eighteen hundred and sixty-one and eighteen hundred and sixty-two, in the Regular Army, including the force authorized by this act, shall be for the period of three years, and those to be made after January one, eighteen hundred and sixty-three, shall be for the term of five years, as at present authorized, and that the men enlisted in the regular forces after the first day of July, eighteen hundred and sixty-one, shall be entitled to the same bounties, in every respect, as those allowed or to be allowed to the men of the volunteer forces.

SEC. 6. That the increase of the military establishment created or authorized by this act is to be declared to be for service during the existing insurrection and rebellion; and within one year after the Constitutional authority of the Government of the United States shall be reestablished and organized resistance to such authority shall no longer exist, the military establishment may be reduced to a number not exceeding twenty-five thousand men, unless otherwise ordered by Congress.

SEC. 7. That the President of the United States shall cause regiments, battalions, and companies to be disbanded and officers, noncommissioned officers, musicians, and privates to be discharged, so as to reduce the military establishment as is provided by the preceding section: Provided, That all of the officers of the Regular Army who have been or may be detached, or assigned to duty for service in any other regiment or corps, shall resume their positions in the Regular Army, and shall be entitled to the same rank, promotion, and emoluments as if they had continued to serve in their own regiments or corps.

SEC. 8. That the enlistments for the regiments authorized by this act shall be in charge of the officers detailed for that purpose who are appointed to said regiments from civil life, and officers of the Regular Army shall be detailed by the commanding general to such service in the volunteer regiments now in the field as will in his judgment give them the greatest military instruction and efficiency; and that the commanding general may, in his discretion, employ said officers with any part of the regular forces now in the fields, until the regiments authorized by this act have been fully recruited, and detail any of the officers now in the Regular Army to service with the volunteer regiments now in the field, or which may hereafter be called out, with such rank as may be offered them in said volunteer regiments, for the purpose of imparting to them military instruction and efficiency."

In cases of insurrection and rebellion another law, approved July 29, in addition to employing the land and naval forces of the United States, gave the President authority to call forth the militia of "any or all the States of the Union to enforce the faithful execution of the laws of the United States, or to repress such rebellion in whatever State or Territory thereof the laws of the United States may be forcibly opposed or the execution thereof forcibly obstructed."

Instead of fixing the term of the militia at three months, they were to continue in service till discharged by proclamation of the President, provided that the term should not extend beyond sixty days after the commencement of the next regular session of Congress, unless otherwise expressly provided by law.

This and the three foregoing laws, whereby our military forces were made to consist of regulars, volunteers, and militia, referred chiefly to the line of the Army.

The next law looked to an increase of the staff. By the first section, act of August 3, the President was authorized to appoint an Assistant Secretary of War. The second section authorized him to appoint 5 assistant inspectors-general, with the rank of major; also 10 surgeons and 20 assistant surgeons, with the same rank and pay as officers of the same grade in the existing Medical Corps. The Inspector-General's Department under this and preceding laws consisted of 2 colonels and 5 majors.

The Medical Corps consisted of 1 Surgeon-General, 26 surgeons, and 100 assistant surgeons.

a

@ Callan's Military Laws of the United States, pp. 473-476.

The same section made the Adjutant-General's Department consist of 1 Adjutant-General, with the rank of brigadier-general; 2 assistant adjutants-general, with the rank of colonel of cavalry; 4 assistant adjutants-general, with the rank of major; 12 assistant adjutants-general, with the rank of captain.

The same section also added to the Commissary Department + commissaries, with the rank of major of cavalry and 8 with the rank of captain of cavalry, the latter to be taken from the line of the Volunteer or Regular Army. The Department as thus increased consisted of 1 Commissary-General of Subsistence, colonel; 1 Assistant Commissary-General of Subsistence, lieutenant-colonel; 6 commissaries of subsistence, majors; 16 commissaries of subsistence, captains.

The third section added 3 first and 3 second lieutenants to each of the Corps of Engineers and Topographical Engineers. It also added to the Quartermaster's Department 1 colonel, 2 lieutenantcolonels, 4 majors, and 20 captains, with the important provision that, in the judgment of the President, the number of master wagoners and wagoners (drivers) should be limited only by the exigencies of the service. As increased by the law, the officers of the Department consisted of 1 brigadier-general, Quartermaster-General; 3 colonels, assistant quartermasters general; 4 lieutenant-colonels, deputy quartermasters-general; 11 majors, quartermasters: 48 captains, quartermasters. The same section also gave the Chief of Ordnance the rank of brigadier-general and added to the Department, 1 colonel, 1 lieutenantcolonel, and 6 second lieutenants, the vacancies to be filled by officers of the Army or graduates of the Military Academy. As thus organized, the Department consisted of 1 brigadier-general, 2 colonels, 2 lieutenant-colonels, 4 majors, 16 captains, 12 first lieutenants, 12 second lieutenants.

The fourth section added to the Corps of Engineers 3 companies of 150 noncommissioned officers and privates each, making in all 4 companies, the officers of which were to be detailed from the officers of the corps.

The fifth section added to the Medical Department a corps of medical cadets-students of medicine-enlisted for the term of one year.

The sixth section authorized female nurses to be employed in general and permanent hospitals, in place of soldiers, with a compensation of 40 cents and one ration per day.

The twelfth section merged the two regiments of dragoons, the regiment of mounted rifles, and two regiments of cavalry under a common denomination, to be known respectively as the First, Second, Third, Fourth, and Fifth Cavalry. These regiments had 10 companies each, the Sixth Cavalry, raised by the act of July 29, had 12 companies, organized in 3 battalions. The sixteenth and seventeenth sections continued the important provision authorizing the President, after an examination by a board, to place on a retired list any officers found "incapacitated for active service," the number of retired officers not to exceed 7 per cent of the whole number in the Army. The officers retired were granted the pay proper of their highest rank and 4 rations (30 cents each) per day. A special exception was made in favor of the venerable General in Chief, who in case of retirement was to be granted the full pay and allowances of the grade of Lieutenant-General.

a The 3 quartermasters in excess of the 8 contemplated in the organization of the Department, were promoted to the grade of major in virtue of a provision guaranteeing such advancement after twelve years' consecutive service as captain.

The next act, that of August 5, related to the personal staff of general officers. In addition to those provided by the law of July 22, it authorized the President, on the recommendation of the LieutenantGeneral commanding the Army of the United States, or any majorgeneral of the Regular Army, to appoint such number of aids-de-camp, "to bear respectively the rank and authority of captains, majors, lieutenant-colonels, or colonels of the Regular Army," as in his opinion the exigencies of the service might require."

Regular officers accepting such advancements, on being discharged were to resume their former positions, with the same rank and promotion as if they had remained with their regiments or corps.

August 6, another act to "promote the efficiency of the Engineer and Topographical Engineer Corps" added to each, by regular promotion, 2 lieutenant-colonels and 4 majors.

The two corps, as thus increased, consisted of the following:

Corps of Engineers: One colonel, 4 lieutenant-colonels, 12 majors, 12 captains, 15 first lieutenants, 15 second lieutenants.

Topographical Engineers: One colonel, 3 lieutenant-colonels, 8 majors, 10 captains, 13 first lieutenants, 13 second lieutenants.

The second section added to the Topographical Engineers a company of soldiers, the officers to be detailed from the officers of the corps. The fourth section authorized the appointment of 2 additional inspectors-general, giving to the Department an organization of 4 colonels and 5 majors.

The fifth section prescribed:

That so much of the first section of the act approved August 5, 1854, as authorizes the appointment of civilians to superintend the national armories be, and the same is hereby repealed, and that the superintendents of these armories shall be appointed hereafter from officers of the Ordnance Department. C

August 6, another act was approved organizing an increase in the Corps of Engineers and Topographical Engineers," the three sections of which were identical with the first, second, and fourth sections of the act just described. d

@Callan's Military Laws of the United States, p. 489.

The bill for the appointment of additional aids-de-camp was reported in the Senate by Mr. Wilson, chairman of the Military Committee, on the 31st of July, and was passed without a division. When it was sought to limit the number, Mr. Wilson expressed the opinion that the discretion of the President would be an ample guaranty that no more would be appointed than the service required. August 1, the bill in the House was taken from the Speaker's table and passed without opposition. August 5, it received the President's approval.

Callan's Military Laws of the United States, p. 489. The act to promote the efficiency of the Corps of Engineers and Topographical Engineers was reported in the House by Mr. Blair, chairman of the Military Committee, on the 5th of August and was passed without amendment. The same day it was taken up in the Senate, amended by the addition of the fifth section, passed the Senate, was returned to the House, received its concurrence, and the following day became a law.

Mr. Wilson, who moved the amendment in reference to management of armories, said "his sympathies and feelings were in favor of a civil superintendent, but his judg ment was in favor of the amendment, which would place the armory in the care of an officer experienced in the fabrication of arms." (Frank Moore's Rebellion Record, vol. 10, p. 16.)

The act was reported by Mr. Wilson in the Senate on the 2d of August, and passed on the 3d. On the 5th it was taken up in the House, amended by adding the section authorizing the appointment of two additional inspectors-general, was returned to the Senate, received its concurrence, and on the 6th received the President's signature. The two laws were construed as identical, and intended to allow but one increase to the three corps or departments designated.

The last act, approved August 6, increased the pay of private soldiers of the Regular and Volunteer Army from $12 to $13 per month. The third section of this act reads as follows:

That all the acts, proclamations, and orders of the President of the United States after the 4th of March, 1861, respecting the Army and Navy of the United States, and calling out or relating to the militia or volunteers from the States, are hereby approved and in all respects legalized and made valid, to the same intent and with the same effect as if they had been issued and done under the previous express authority and direction of the Congress of the United States. «

This bill was introduced in the Senate on the 5th of August by Mr. Wilson, who moved the amendment to legalize the President's acts and proclamation. The unanimity with which the Senate concurred, was indicated by a vote of 37 yeas to 5 nays. In the House, all objections having been withdrawn, the bill was taken up and passed under a suspension of the rules, two-thirds voting in the affirmative.

The date of the last law shows that all the foregoing military legislation was discussed and enacted within the space of one month. For hard work and patriotic zeal, no Congress ever deserved in an equal degree the praise and gratitude of the nation. The wisdom of its measures, however, must be judged by their fruits.

DEFECTS OF THE MILITARY LEGISLATION IN 1861.

On the 3d of April, 1863, nearly two years after the fall of Fort Sumter, the Joint Committee on the Conduct of the War reported to Congress:

It needs but to refer to the history of the Congress just closed, its prompt and thorough action, clothing the Executive with the fullest power, placing at his disposal all the resources of men and money which this nation possessed, to prove that your committee judged rightly that Congress needed no prompting from them to do its entire duty.

Not upon those whose duty it was to provide the means necessary to put down the Rebellion, but upon those whose duty it was to rigthfully apply those means and the agents they employed for that purpose, rested the blame, if any, that the hopes of the nation have not been realized, and its expectations have been so long disappointed. b

The surviving officers and soldiers of our armies, many of whom participated in the battle of Bull Run, will not for a moment deny that through the inexperience of themselves and their commanders the war for the Union was prolonged."

But when all of their mistakes are summed up and their deficiencies considered, it will still be found that the underlying causes were

a Callan's Military Laws of the United States, sec. 3, p. 490.

Report of the Joint Committee on the Conduct of the War, vol. 1, p. 4. Apparently the best opportunity ever presented to the Army of the Potomac to strike its adversary a fatal blow was in December, 1861. On the 10th of this month the aggregate present was 185,000 men. (Report of the Joint Committee on the Conduct of the War, vol. 1, pp. 69, 70.)

The Confederates near Centreville, at little more than one day's march, numbered, according to their commander, less than 50,000 effectives. (Johnston's Narrative of Military Operations, p. 84.)

But had the Confederate Army, which, through short enlistments, was rapidly hastening to its dissolution, been totally defeated, it cannot be affirmed that such a reverse would have terminated the war. Its probable effect would have been to hasten the passage of the law of conscription by three or four months, thereby giving to the Confederacy at the opening of the spring campaign an army far superior in numbers and discipline to the one which actually confronted the Army of the Potomac when it drew near the Confederate capital.