# United States Statutes at Large/Volume 12/37th Congress/2nd Session/Chapter 201

Chapter 201, Act of July 17, 1862, is also commonly known by its popular title, the Militia Act of 1862
Chap. ⅭⅭⅠ.—An Act to amend the Act calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions, approved February twenty-eight, seventeen hundred and ninety-five, and the Acts amendatory, and for other Purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Section 1. When militia are called forth, their term of service to be specified, not to exceed nine months.That whenever the President of the United States shall call forth the militia of the States, to be employed in the service of the United States, he may specify in his call the period for which such service will be required, not exceeding nine months; Militia to be mustered in, &c.and the militia so called shall be mustered in and continue to serve for and during the term so specified, unless sooner discharged by command of the President. The President to provide for enrolling the militia in certain states.If by reason of defects in existing laws, or in the execution of them, in the several States, or any of them, it shall be found necessary to provide for enrolling the militia and otherwise putting this act into execution, the President is authorized in such cases to make all necessary rules and regulations; Enrollment to include whom, and how apportioned.and the enrolment of the militia shall in all cases include all able-bodied male citizens between the ages of eighteen and forty-five, and shall be apportioned among the States according to representative population. ​Sec. 2. Militia, how organized.And be it further enacted, That the militia, when so called into service, shall be organized in the mode prescribed by law for volunteers.
Sec. 3. President may accept 100,000 infantry for nine months.And be it further enacted, That the President be, and he is hereby, authorized, in addition to the volunteer forces which he is now authorized by law to raise, to accept the services of any number of volunteers, not exceeding one hundred thousand, as infantry, for a period of nine months, unless sooner discharged. Advance pay and bounty.And every soldier who shall enlist under the provisions of this section shall receive his first month's pay, and also twenty-five dollars as bounty, upon the mustering of his company or regiment into the service of the United States. And all provisions of law relating to volunteers enlisted in the service of the United States for three years, or during the war, except in relation to bounty, shall be, and the same are, extended to, and are hereby declared to embrace, the volunteers to be raised under the provisions of this section.
Sec. 4. Volunteers for twelve months may be accepted to fill up regiments.And be it further enacted, That, for the purpose of filling up the regiments of infantry now in the United States service, the President be, and he hereby is, authorized to accept the services of volunteers in such numbers as may be presented for that purpose, for twelve months, if not sooner discharged. And such volunteers, when mustered into the service, shall be in all respects upon a footing with similar troops in the United States service, except as to service bounty, which shall be fifty dollars, one half of which to be paid upon their joining their regiments, and the other half at the expiration of their enlistment.
Sec. 5. Judge advocate general.And be it further enacted, That the President shall appoint, by and with the advice and consent of the Senate, a judge advocate general, Rank, pay, &c.with the rank, pay, and emoluments of a colonel of cavalry, to whose office shall be returned, for revision, the records and proceedings of all courts-martial and military commissions, and where a record shall be kept of all proceedings had thereupon. Sentence. 1863, ch. 75, § 21. Post, p. 735.And no sentence of death, or imprisonment in the penitentiary, shall be carried into execution until the same shall have been approved by the President.
Sec. 6. Judge advocate for each army in the field. Rank, pay, &c.And be it further enacted, That there may be appolated by the President, by and with the advice and consent of the Senate, for each army in the field, a judge advocate, with the rank, pay, and emoluments, each, of a major of cavalry, who shall perform the duties of judge advocate for the army to which they respectively belong, under the direction of the judge advocate general.
Sec. 7. Field officer substituted for regimental or garrison court-martial.And be it further enacted, That hereafter all offenders in the army charged with offences now punishable by a regimental or garrison court-martial, shall be brought before a field officer of his regiment, who shall be detailed for that purpose, and who shall hear and determine the offence, and order the punishment that shall be inflicted; and shall also make a record of his proceedings, and submit the same to the brigade commander, who, upon the approval of the prneeedings of such field officer, shall order the same to be executed: Limit to punishment.Provided, That the punishment in such cases be limited to that authorized to be inflicted by a regimental or garrison court-martial: Proviso.And provided, further, That, in the event of there being no brigade commander, the proceedings as aforesaid shall be submitted for approval to the commanding officer of the post.
Sec. 8. Certain battalion adjutants and quartermasters of cavalry to be mustered out of the service.And be it further enacted, That all officers who have been mustered into the service of the United States as battalion adjutants and quartermasters of cavalry under the orders of the War Department, exceeding the number authorized by law, shall be paid as such for the time they were actually employed in the service of the United States, and that all such officers now in service, exceeding the number as aforesaid, shall be immediately mustered out of the service of the United State.
Sec. 9. President may organize army corp at his discretion.And be it further enacted, That the President be, and he is hereby, authorized to establish and organize army corps according to his discretion. ​Sec. 10. Officers of each army corps.And be it further enacted, That each army corps shall have the following officers and no more attached thereto, who shall constitute the staff of the commander thereof: Staff of commander.one assistant adjutant general, one quartermaster, one commissary of subsistence, and one assistant inspector general, whd shall bear, respectively, the rank of lieutenant colonel, and who shall be assigned from the army or volunteer force by the President. Also three aides-de-camp, one to bear the rank of major, and two to bear the rank of captain, to be appointed by the President, by and with the advice and consent of the Senate, upon the recommendation of the commander of the army corps. Senior officer of artillery.The senior officer of artillery in each army corps shall, in addition to his other duties, act as chief of artillery and ordnance at the headquarters of the corps.
Sec. 11. Organization of cavalry force. Regiment.And be it further enacted, That the cavalry forces in the service of the United States shall hereafter be organized as follows: Each regiment of cavalry shall have one colonel, one lieutenant colonel, three majors, one surgeon, one assistant surgeon, one regimental adjutant, one regimental quartermaster, one regimental commissary, one sergeant major, one quartermaster serge[a]nt, one commissary serge[a]nt, two hospital stewards, one saddler sergeant, one chief trumpeter, and one chief farrier or blacksmith, and each regiment shall consist of twelve companies or troops, and each Company. 1863, ch. 75, § 37. Post, p. 737.company or troop shall have one captain, one first lieutenant, one second lieutenant, and one supernumerary second lieutenant, one first sergeant, one quartermaster sergeant, one commissary sergeant, five serge[a]nts, eight corporals, two teamsters, two farriers or blacksmiths, one saddler, one wagoner, and seventy-eight privates; the regimental adjutants, the regimental quartermasters, and regimental commissaries to be taken from their respective regiments: Vacancies, how filled.Provided, That vacancies caused by this organization shall not be considered as original, but shall be filled by regular promotion.
Sec. 12. President may employ persons of African descent.And be it further enacted, That the President be, and he is hereby, authorized to receive into the service of the United States, for the purpose of constructing intrenchments, or performing camp service, or any other labor, or any military or naval service for which they may be found competent, persons of African descent, and such persons shall be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe.
Sec. 13. Slaves rendering such service, and their families, &c., to be free, if, &c.And be it further enacted, That when any man or boy of African deseen who by the laws of any State shall owe service or labor to any person who, during the present bellion, has levied war or has borne arms against the nited States, or adhered to their enemies by giving them aid and comfort, shall render any such service as is provided for in this act, he, his mother and his wife and children, shall forever thereafter be free, any law, usage, or custom whatsoever to the contrary notwithstanding: Proviso.Provided, That the mother, wife and children of such man or boy of African descent shall not be made free by the operation of this act except where such mother, wife or children owe service or labor to some person who, during the present rebellion, has borne arms against the United States or adhered to their enemies by giving them aid and comfort.
Sec. 14. Appropriation for expenses.And be it further enacted, That the expenses incurred to carry this act into effect shall be paid out of the general appropriation for the army and volunteers.
Sec. 15. Pay and rations.And be it further enacted, That all persons who have been or shall be hereafter enrolled in the service of the United States under this act shall receive the pay and rations now allowed by law to soldiers, according to their respective grades: Pay, &c., of those of African descent.Provided, That persons of African descent, who under this law shall be employed, shall receive ten dollars per month and one ration, three dollars of which monthly pay may be in clothing. ​Sec. 16. Medical purveyors and storekeepers to give bonds.And be it further enacted, That medical purveyors and storekeepers shall give bonds in such sums as the Secretary of War may require with security to be approved by him.
Approved, July 17, 1862.