War of the Rebellion: Serial 122 Page 0400 CORRESPONDENCE, ETC.

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the United States. The boar,whenever it finds an officer incapacitated for active service, will report whether, in its judgment, the said incapacity result from long and faithful service, from wounds or injury received in the line of duty, from sickness or exposure therein, or from any other incident of service. If so, and the President approve such judgment, the disabled officer shall thereupon be placed upon the list of retired officers, according to the provisions of this act. If otherwise, and if the President concur in opinion with the board, the officer shall be retired as above, either with his pay proper alone or with his service rations alone, at the discretion of the President, or he shall be wholly retired from the service, with one year's play and allowances; and in this last case his name shall be henceforward omitted from the Army Register, or Navy Register, as the case may be: Provided always, That the members of the board shall in every case be sworn to an honest and impartial discharge of their duties, and that no officer of the Army shall be retired either partially or wholly from the service without having had a fair and full hearing before the board, if, upon due summons, he shall demand it.

SEC. 18. And be it further enacted, That the officers partially retired shall be entitled to wear the uniform the their respective grades, shall continue to be borne upon the Army Register or Navy Register, as the case may be, and shall be subject to the Rules and Articles of War, and to trial by general court-martial for any breach of the said articles.

SEC. 19. And be it further enacted, That so much of the sixth section of the act of August twenty-three, eighteen hundred and forty-two, as allows additional or double rations to the commandant of each permanent or fixed post garrisoned with troops be, and the same is hereby, repealed.

SEC. 20. And be it further enacted, That officers of the Army, when absent from their appropriate duties for a period exceeding six months, either with or without leave, shall not receive the allowances authorized by the existing laws for servants, forage, transportation of baggage, flue and quarters, either in kind or in commutation.*

SEC. 25. And be it further enacted, That retired officers of the Army, Navy and Marine Corps may be assigned to such duties as the President may deem them capable of performing, and such as the exigencies of the public service may require.

Approved August 3, 1861.

[PUBLIC-Numbers 42.] AN ACT supplementary to an act entitled "An act to increase the present military establishment of the United States," approved July twenty-ninth, eighteen hundred and sixty- one.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That is shall be lawful for the President of the United States, during the existing insurrection and rebellion, upon the recommendation of the lieutenant-general commanding the Army of the United States, or of any major-general of the Regular Army of the United States commanding forces of the United States in the field to appoint such number of aides-de-camp, in addition to those now authorized by law, as the exigencies of the service, may in the opinion of the President, require; such aides-de-camp to bear respectively the rank and authority of captains, majors, lieutenant-colonels,,


*Sections 21, 22, 23, and 24, relating exclusively to the retirement of officers of the Navy, are here omitted.