SEC. 33. And be it further enacted, That the President of the United States is hereby authorized and empowered, during the present rebellion, to call forth the national forces, by draft, in the manner provided for in this act.
SEC. 34. And be it further enacted, That all persons drafted under the provisions of this shall be assigned by the President to military duty in such corps, regiments, or other branches of the service as the exigencies of the service may require.
SEC. 35. And be it further enacted, That hereafter details to special service shall only be made with the consent of the commanding officer of forces in the field; and enlisted men, now or hereafter detailed to special service, shall not receive any extra pay for such services beyond that allowed to other enlisted men.
SEC. 36. And be it further enacted, That general orders of the War Department, numbered one hundred and fifty-four and one hundred and sixty-two, in reference to enlistments from the volunteers into the regular service, be, and the same are hereby, rescinded and hereafter no such enlistments shall be allowed.
SEC. 37. And be it further enacted, That the grades created in the cavalry forces of the United States by section eleven of the act approved seventeenth July, eighteen hundred and sixty-two, and for which no rate of compensation has been provided, shall be paid as follows, to wit: Regimental commissary the same as regimental quartermaster; chief trumpeter te same as chief bugler; saddler sergeant the same as regimental commissary- sergeant; company commissary-sergeant the same as company quartermaster's sergeant: Provided, That the grade of supernumerary second lieutenant, and two teamsters for each company, and one chief farrier and blacksmith for each regiment, as allowed by said section of that act, be, and they are hereby, abolished; and each cavalry company may have two trumpeters, to be paid as buglers; and each regiment shall have one veterinary surgeon, with the rank of a regimental sergeant-major, whose compensation shall be seventy-five dollars per month.
SEC. 38. And be it further enacted, That all persons who, in time of war of of rebellion against the supreme authority of the United States, shall be found lurking or acting as spies in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be triable by a general court-martial or military commission, and shall, upon conviction, suffer death.
Approved March 3, 1863.
VII. PUBLIC - Numbers 57.
AN ACT to promote the efficiency of the Corps of Engineers and of the Ordnance Department, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United State of America in Congress assembled, That the Corps of Topographical Engineers, as a distinct branch of the Army, is hereby abolished, and from and after the passage of this act is merged into the Corps of Engineers, which shall have the following organization, viz: One chief engineer, with the rank, pay, and emoluments of a brigadier-general; four colonels; ten lieutenant-colonels" twenty majors; thirty captains; thirty first lieutenants, and ten second lieutenants.
SEC. 2. And be it further enacted, That the general officer provided by the first section of this act shall be selected from the Corps of Engineers as therein established; and that officers of all lower grades shall take rank according to their respective dates of commission in the existing Corps of Engineers or Corps of Topographical Engineers.
SEC. 3. And be it further enacted, That no officer of the Corps of Engineers below the rank of a field officer shall hereafter be promoted to a higher grade before having passed a satisfactory examination before a board of three engineers senior to him in rank; and should the officer fail at said examination, shall be suspended from [for] one year, when he shall be re-examined, and upon a second failure shall be dropped by the President from the Army.
SEC. 4. And be it further enacted, That there shall be added to the Ordnance Department one lieutenant-colonel, two majors, eighth captains, eight first lieutenants; the additional officers herein authorized to be appointed by promotion, so far as the present officers of the Ordnance Corps will permit, and the residue to be appointed by transfers from other regiments or corps of the Army: Provided, That no officer of the Ordnance Department below the rank of a field officer shall be promoted or commissioned to a higher grade, nor shall any officer of the Army be commissioned as an ordnance officer, until he shall have passed a satisfactory examination before a board of not less than three ordnance officers senior to him in rank; and should such officer fail in such examination, he shall be suspended form promotion or appointment for one year, when he may be re-examined before