War of the Rebellion: Serial 127 Page 1096 CORRESPONDENCE, ETC.

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failure to obtain such consent, he shall employ Confederate officers, charged with the duty of making such enrollment in accordance with rules and regulations to be prescribed by him.

SEC. 4. Be if further enacted, That persons enrolled under the provisions of the preceding section, shall be assigned by the Secretary of War, to the different companies now in these service, until each company is filled to its maximum number, and the persons so enrolled shall be assigned to companies from the States from which they respectively come.

SEC. 5. Be it further enacted, That all seamen and ordinary seamen in the land forces of the Confederate States, enrolled under the provisions of this act, may, on application of the Secretary of the Navy, be transferred from the land forces to the naval service.

SEC. 6. Be it further enacted, That in all cases where a State may not have in the Army a number of regiments, battalions, squadrons or companies, sufficient to absorb the number of persons to military service under this act, belonging to such State, then the residue or excess thereof, shall be kept as a reserve, under such regulations as may be established by the Secretary of War, and that at stated periods of not greater than three months, details, determined by lot, shall be made from said reserve, so that each company shall, as nearly as practicable, be kept full: Provided, That the persons held in reserve may remain at home until called into service by the President: Provided, also, That during their stay at home they shall not receive pay: Provided, further, That the persons comprehended in this act, shall not be subject to the rules and articles of war, until mustered into the actual service of the Confederate States; except that said persons, when enrolled and liable to duty, if they shall willfully refuse to obey said call, each of them shall be held to be a deserter, and punished as such, under said articles: Provided, further, That whenever, in the opinion of the President, the exigencies of the public service may require it, he shall be authorized to call into actual service the entire reserve, or so much as may be necessary, not previously assigned to different companies in service under provision of section 4 of this act; said reserve shall be organized under such rules as the Secretary of War may adopt: Provided, The company, battalion and regimental officers shall be elected by the troops composing the same: Provided, the troops raised in any one State shall not be combined in regimental, battalion, squadron or company organization with troops raised in any other States.

SEC. 7. Be it further enacted, That all soldiers now serving in the Army or mustered in the military service of the Confederate States, or enrolled in said service under the authorizations heretofore isetary of War, and who are continued in the service by virtue of this act, who have not received the bounty of $50 allowed by existing laws, shall be entitled to receive said bounty.

SEC. 8. Be it further enacted, That each man who may hereafter be mustered into the service, and who shall arm himself with a musket, shotgun, rifle or carbine, accepted as an efficient weapon, shall be paid the value thereof, to be ascertained by the mustering officer under such regulation as may be prescribed by the Secretary of War, if he is willing to sell the same, and if he is not, then he shall be entitled to receive $1 a month for the use of said received and approved musket, rifle, shotgun or carbine.

SEC. 9. Be it further enacted, That persons not liable for duty may be received as substituted for those who are, under such regulations as may be prescribed by the Secretary of War.

SEC. 10. Be it further enacted, That all vacancies shall be filled by the President from the company, battalion, squadron or regiment in which such vacancies shall occur, by promotion according to seniority, except in case of disability or other incompetency: Provided, however, That the President may, when in his opinion, it may be proper, fill such vacancy or vacancies by the promotion of any officer or officers, or private or privates from such company, battalion, squadron or regiment who shall have been distinguished in the service by exhibition of valor and skill; and that whenever a vacancy shall occur in the lowest grade of the commissioned officers of a company, said vacancy shall be filled by election: Provided, That all appointments made by the President shall be by and with the advice and consent of the Senate.

SEC. 11. Be it further enacted, That provisions of the first section of this act, relating to the election of officers, shall apply to those regiments, battalions, and squadrons which are composed of twelve-months' and war companies combined in the same organization, without regard to the manner in which the officers thereof were originally appointed.

SEC. 12. Be it further enacted, That each company of infantry shall consist of 125, rank and file; each company of field artillery of 150, rank and file; each of cavalry, of 80, rank and file.