War of the Rebellion: Serial 122 Page 0396 CORRESPONDENCE, ETC.

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to the same pay, rations for or may be established by law for the Army of the United States.

SEC. 4. And be it further enacted, That every officer, non- commissioned officer or private of the militia, who shall fail to obey the orders of the President of the United States in any of the cases before recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court-martial; and such officer shall be liable to be cashiered by a sentence of court-martial and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the court; and such non-commissioned officer and private shall be liable to imprisonment by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every twenty-five dollars of such fine.

SEC. 5. And be it further enacted, That courts-martial for the trial of militia shall be composed of militia officers only.

SEC. 6. And be it further enacted, That all fines to be assessed as aforesaid shall be certified by the presiding officer of the court-martial and shall be collected and paid over according to the provisions and in the manner prescribed by the seventh and eighth sections of the act of February twenty-eighth seventeen hundred and ninety-five, to which this is an amendment.

SEC. 7. And be it further enacted, That the marshals of the several districts of the United States and their deputies shall have the same powers in executing the laws of the United States as sheriffs and their deputies in the several States have, by law, in executing the laws of the respective States.

SEC. 8 And be it further enacted, That sections two, three, and four of the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes," approved February twenty-eighth, seventeen hundred and ninety-five, and so much of the residue of said act and of all other acts as conflict with this act are hereby repealed.

Approved July 29, 1861.

[PUBLIC-Numbers 38.] AN ACT providing for the better organization of the military establishment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized, to appoint, by and with the advice and consent of the Senate, an officer inthe War department, to be called the Assistant Secretary of War, whose salary shall be three thousand dollars per annum, payable in the same manner as that of the Secretary of War, who shall perform all such duties in the office of the Secretary of War, belonging to that Department as shall be prescribed by the Secretary of War, or as may be required by law.

SEC. 2. And be it further enacted, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, in addition to the number authorized by existing laws and in accordance with existing regulations, five assistant inspector-generals, with the rank and pay of majors of cavalry; ten surgeons and twenty assistant surgeons, to have the pay, rank, and allowances, and perform the duties of similar officers, in the present military establishment. That hereafter the Adjutant-General's Department shall consist