of the United States in repelling the invasion of the State of Missouri and in suppressing rebellion therein, to be governor by the Regulations of the U. S. Army, subject to the Articles of War, but not to be ordered out of the State of Missouri, except for the immediate defense of the said State.
The general order above referred to further provides:
The State force thus authorized will be, during such time as they shall be actually empaged as an embodied military force in active service, armed, equipped, clothed, subsisted, transported, and paid by the United States in accordance with the Regulations of the U. S. Army and such orders as may from time to time be issued from the War Department, and in no other manner; and they shall be considered as disbanded from the service of the United States whenever the President may direct.
The Missouri State Militia, therefore, were, in the language of the order, 'State forces," or militia of the State, bound to serve as such during the war, to co-operate with the troops in the service of the United States in repelling invasion and putting down rebellion in their own State, with provision that when such State militia should be engaged in active service they were to be armed, equipped, subsisted, and paid by the United State; but they were not to be ordered out of the State for general service, and they were to be disbanded from the service of the United States (but not from the service of the State) whenever the President might so direct.
They are, therefore, militia of the State of Missouri, and not a part of regular or volunteer forces of the United States.
Their right too bounty does not depend upon the degree of merit or efficiency of their public services. They are entitled only to what the acts of Congress secure to them.
The inquiry does not relate to pensions nor allowances for re- enlistments.
The statute of the Untied States passed July 22, 1861, section 5, provided that "any volunteer non-commissioned officer, private, musician, and artificer who enters the service of the United States under this act shall have" certain pay and allowances; "and, in addition thereto, if he shall have served for a period of two years or during the war, if sooner ended, the sum of one hundred dollars;" and the statute, chapter 24, of 1861, section 5, secures to the men enlisted in the regular forces the same bounties as those allowed, or to be allowed, to the volunteers forces.
By statute passed July 22 , 1862, chapter 133, section 6,one- quarter part of this bounty may be paid, immediately after enlistment, to every soldier of the regular and volunteer forces thereafter enlisted.
The statute passed July 17, 1862, chapter 201, section 3, gives to men volunteering for nine months a bounty of $25, to be paid when their company or regiment is mustered into service, and section 4 of the same statute authorize the acceptance of volunteers for twelve moths to fill up regiments of infantry then in the U. S. service; and these recruits, when mustered in, are to be, in all respects, on the same footing as similar troops in the U. S. service, except as to service bounty, which shall be $50, one-half to be paid upon their joining their regiments and the other half a t the expiration of their enlistment.
In all these enactments there appears to be no provision for payment of service bounty to State militia. The statute passed July 29, 1861, chapter 25, authorizes the President of the Untied States to call into service the militia of the states in certain cases, and, in section 3, provides that the militia so called into service of the Untied States