New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-31

| there shall be no more than tnlruy tnousaAo
enlisted men in the army at any one time,
| unless otherwise authorized by law.
| SEC. 3. And be it further enacted, That
the President be, and he is hereby, author
! lied, at his discretion, hOnOrably to dis
| charge from the service of the United States
| officers of the army who may apply there
| for on or before the first of January next;
| and such officers SO discharged under the
provisions of this act shall be entitled to
receive, in addition to the pay and allow
ances due them at the date OF their DIS
| charge, one years pay and allowances.
SEC. 4. And be it further enacted, That
| the President be, and he is hereby,
authorized. at his discretion, to place on the
| retired list of the army, on their own appli-
| cation. any commissioned officers who have
! been thirty wears in the service and the
| officers who may be retired by virtue OF this
ection, shall be entitled to the same pay
| and emoluments as are now allowed, or may
! be hereafter allowed, to officers retired irom
active service.
SEC. 5. And be it further enacted, That
| the provsO of the sixteenth section OF the
act approved August three, eighteen hun
| bred and sixty-one, limiting the number OF
| officers on the retired list to seven per cen
! t,lm of the whole number OF existing
| officers, be, and the same is hereby, re-
| pealed. and hereafter the number OF ofhcers
| who may be retired in accordance with
| existing laws shall be in the discretion OF
the President: Provided, That the whole
number on the retired list shall at no time
exceed three hundred.
| SEC g. And be it further enacted, That
the Offices of General and Lieutenant Gene
raj of the ARMY shall continue until a
vacancy shall occur in the same. and no
| longer: and when such vacagcy shall occur
in either Of said offices, Immediately there
| upon all laws and parts OF laws creating
| said office shall become imperative. and
shall; by virtue of this act, from thencetor-
ward be held to be repealed.
SEC. I. And be it further enacted. That
| no appointment to the grade Of major gene
raj shall be made until the number OF
officers of that grade is reduced below three;
after which the number OF major generals
shall not exceed three.
SEC. 8. And be it further enacted.
That no appointment to the grade
of brigadier general shall be made until the
| number of officers of that grade is reduced
below six: after which the number OF brig
adler generals shall not exceed six.
SEC 9. And be it further enacted, That
the grade of regimental commissary in the
several cavalry regiments is hereby abol-
ished: and the lieutenants now holding the
appointments of regimental cOmmissary
may be assigned for duty to companies of
cancies that may occur in their respective
grades of first or second lieutenant In the
regiments to which they now belong; and
nothing herein contained shall affect their
relative ranks with other ieutenants Of
their grade.
SEC. 10. And he it further enacted, That
the grades of reg imental commlssary ser
geant and regimental hospital steward are
hereby abolished. The number of corporals
in each company Of cavalry. artillery and
infantry shall be reduced to four; and the
said nOn-commissiOned officers shall have
the privilege of receiving an honorable DIS
charge. with full pay and allowances TO the
actual date thereof. if they so elect. in pre-
ference to remaining in the service IN such
other grades as may be assigned to them by
the Secretary of War.
SEC. IL. And be il further enacted, That
the General of the army and commanding
officers of the several military departments
OF the army. shall as soon as practicable
after the passage of this act, forward 10 the
Secretary of War a list of officers serving III
their respective commands deemed by them
unfit for the proper discharge of their duties
from any cause except injuries incurred or
disease contracted in the line of their duty.
setting forth specifically in each case the
cause of such untitness. The Secretary
of War is hereby authorized and directed
TO constitute board to consist of one
major general one brigadier general and
three colonels three of said officers to
be selected from among those ap-
pointed to the regular army on account
of distinguished services IN the vollln-
teer force during the late war. and on re-
COMMUNICATION of such board the President
shall muster out of the service any of the
said officers so reported, with one years
pay: but such muster-out shall not be or
dered without allowing such officer Il hear
ing before such board to show cause gainst
it.
SEC u. And be it further enacted, That
the President is hereby authorized to trans
fer officers from the regiments OF cavalry.
artillery and infantry to the list of super
numeraries and all vacancies now exist
ing. or which may occur prior to the first
day of January next i'll the cavalry, artll-
lery or infantry, by reason OF such transfer
or from other causes, shall be filled Ill due
proportion by the supernumerary officers
having reference to rank, seniority and tit
ness. as provided in existing law regulating
promotions in the army. And if any super
nrlmerary officers shall remain after the first
day of January next, they shall be honor
ably mustered out of the service with one
years pay and allowances; provided. that
vacancies now existing i'll the grade OF
second Eeutenants, or which may occur
prior TO said date, may be filled by the as
Segment of supernumerary first lieutenants
| or officers of higher grades, who, when so
assigned. shall rank as second heutenants,
providing (providedl such officers shall pre-
fer to be so assigned, instead OF being mus
tered out under the provisions OF this see
ton; and officers ASST gned shall take
rank from the date of their original entry
into the service: and provided further, that
no chaplain he appointed to posts or
regiments until those on waiting orders are
assigned.
SEC 3D. And be it further enacted, That
Military Academy, whose service
in the army and at the academy
exceeds thirty-tve years, shall have the pay
OF colonel, and those whose like service is
less than thirty -tive, but exceeds twenty
five years. shall have the pay OF lieutenant
colonel: and all other professors shall have
the pay OF major; and hereafter there shall
be allowed and paid to said professors ten
per centum OF their current yearly pay for
each and every term OF five years contln-
uous service: provided, that such addition
shall i'll no case exceed forty per centum OF
said yearly pay; and said professors are
hereby placed upon the same footing as re-
CARDS retirement from active service as
officers Of the army.
Sec. II. And be it further enacted, That
the pay and allowances of enlisted men of
the army shall remain as now fixed by law
until the thirtieth OF June, eighteen hundred
and seventy-one; and it shall he unlawful
for any officer TO use any enlisted man as
servant III any ease whatever.
Sec. IS. And be it further enacted, That
section two of the act entitled An act
making appropriations for the support of
the army for the year ending June thirty,
eighteen hundred and sixty eight, and for
other purposes approved March two,
eighteen hundred and sixty seven, be, and
the same is hereby, repealed.