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SEC. 9. And be it further enacted, That the faith of the United States is hereby solemnly pledged for the payment of the interest and redemption of the principal of the loan authorized by this act.

SEC. 10. And be it further enacted, That all the provisions of the act entitled "An act to authorize the issue of treasury notes," approved the twenty-third day of December, eighteen hundred and fifty-seven, so far as the same can or may be applied to the provisions of this act, and not inconsistent therewith, are hereby revived or re-enacted.

SEC. 11. [Appropriation of $200,000 for expenses under the act.]

APPROVED, July 17, 1861.

No. 5.

Act authorizing the Employment of
Volunteers

July 22, 1861

A BILL to authorize the employment of volunteers, in accordance with the recommendation of President Lincoln in his message of July 4, 1861, was introduced in the Senate, July 6, by Henry Wilson of Massachusetts, and passed that house on the 10th by a vote of 34 to 4. On the 12th the action was reconsidered, and the bill with further amendments was again passed by a vote of 35 to 4. The passage of a substitute bill by the House caused a reference of the matter to a conference committee, whose report was agreed to by the two houses on the 18th. The discussion in each house had to do mainly with the details of organization of the volunteers provided for by the bill.

REFERENCES. Text in U.S. Statutes at Large, XII, 268–271. For the debates see the House and Senate Journals and Cong. Globe, 37th Cong., Ist Sess. On the efficiency of volunteers and the condition of the militia see House Exec. Doc. 54 and House Report 58, 36th Cong., 2d Sess., and House Report 1, 37th Cong., 1st Sess. A summary view of early military legislation, Union and Confederate, is given in McPherson, History of the Rebellion, 115-121.

An Act to authorize the Employment of Volunteers to aid in enforcing the Laws and protecting Public Property.

WHEREAS, certain of the forts, arsenals, custom-houses, navy yards, and other property of the United States have been

seized, and other violations of law have been committed and are threatened by organized bodies of men in several of the States, and a conspiracy has been entered into to overthrow the Government of the United States: Therefore,

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Be it enacted. That the President be, and he is hereby, authorized to accept the services of volunteers, either as cavalry, infantry, or artillery, in such numbers, not exceeding five hundred thousand, as he may deem necessary, for the purpose of repelling invasion, suppressing insurrection, enforcing the laws, and preserving and protecting the public property: Provided, That the services of the volunteers shall be for such time as the President may direct, not exceeding three years nor less than six months,1 and they shall be disbanded at the end of the war. And all provisions of law applicable to three years' volunteers shall apply to two years' volunteers, and to all volunteers who have been, or may be, accepted into the service of the United States, for a period not less than six months, in the same manner as if such volunteers were specially named. Before receiving into service any number of volunteers exceeding those now called for and accepted, the President shall, from time to time, issue his proclamation, stating the number desired, either as cavalry, infantry, or artillery, and the States from which they are to be furnished, having reference, in any such requisition, to the number then in service from the several States, and to the exigencies of the service at the time, and equalizing, as far as practicable, the number furnished by the several States, according to Federal population.2

SEC. 2. And be it further enacted, That the said volunteers shall be subject to the rules and regulations governing the army of the United States, and that they shall be formed, by the President, into regiments of infantry, with the exception of such

1 A supplementary act of July 25, 1861, provided that volunteers should "be mustered in for 'during the war.'"

2 An act of July 31, 1861, provided that the President, in accepting and organizing volunteers under this act, "may accept the service of such volunteers without previous proclamation, and in such numbers from any State or States as, in his discretion, the public service may require."

numbers for cavalry and artillery, as he may direct, not to exceed the proportion of one company of each of those arms to every regiment of infantry, and to be organized as in the regular service. . .

[The remainder of the act relates to the organization of the volunteers, the appointment of officers, etc.]

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A RESOLUTION declaratory of the nature and object of the war was offered in the House, July 22, 1861, by John J. Crittenden of Kentucky. In the vote the resolution was divided, the first part, through the word "capital," being adopted by a vote of 122 to 2, and the remainder by a vote of 117 to 2. A resolution in practically identical terms was offered in the Senate, July 24, by Andrew Johnson of Tennessee, and on the 25th, after a long discussion, was adopted, the vote being 30 to 5. The resolutions, which " gave expression to the common sentiment of the country," were the only formal declarations out of a great number submitted which passed the houses.

REFERENCES. Text in House Journal, 37th Cong., Ist Sess., 123. For the debates see the Cong. Globe. A list of the principal declaratory resolutions submitted, with the action on each, is given in McPherson, Rebellion, 285–290.

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Resolved. That the present deplorable civil war has been forced upon the country by the disunionists of the southern States, now in arms against the constitutional government, and in arms around the capital; that in this national emergency, Congress, banishing all feelings of mere passion or resentment, will recollect only its duty to the whole country; that this war is not waged on their part in any spirit of oppression, or for any purpose of conquest or subjugation, or purpose of overthrowing or interfering with the rights or established institutions of those. States, but to defend and maintain the supremacy of the Constitution, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired; and that as soon as these objects are accomplished the war ought to cease.

No. 7.

Indemnity for State War Expenses

July 27, 1861

A BILL " to indemnify the States for expenses incurred by them in defense of the United States " was introduced in the House by Valentine B. Horton of Ohio, July 22, considered under suspension of the rules, and passed. The bill passed the Senate on the 25th without a division, and on the 27th the act was approved. The refunding of duties on arms imported by States was provided for by acts of July 10 and July 25, the scope of the latter act being extended, by a joint resolution of March 8, 1862, to importations prior to the date of the act.

REFERENCES.

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Text in U.S. Statutes at Large, XII, 276. The record of proceedings is unimportant. On the war debts of the loyal States see House Report 16, 39th Cong., 1st Sess.

An Act to indemnify the States for Expenses incurred by them in Defence of the United States.

Be it enacted . . That the Secretary of the Treasury be, and he is hereby, directed, out of any money in the Treasury not otherwise appropriated, to pay to the Governor of any State, or to his duly authorized agents, the costs, charges, and expenses properly incurred by such State for enrolling, subsisting, clothing, supplying, arming, equipping, paying, and transporting its troops employed in aiding to suppress the present insurrection against the United States, to be settled upon proper vouchers, to be filed and passed upon by the proper accounting officers of the Treasury.

APPROVED, July 27, 1861.

No. 8. Act for calling out the Militia
July 29, 1861

A BILL "to provide for the suppression of rebellion," etc., was introduced in the House, July 10, by John A. Bingham of Ohio, and on the 16th passed without a division. The bill passed the Senate on the 26th, and on the 29th the act was approved.

For the

REFERENCES. Text in U.S. Statutes at Large, XII, 281, 282. proceedings see the House and Senate Journals and the Cong. Globe. The changes made by the act are set forth in the House proceedings of July 16; compare President Buchanan's remarks on the employment of the militia under the acts of 1795 and 1807, in his annual message of December 3, 1860. An Act to provide for the Suppression of Rebellion against and Resistance to the Laws of the United States, and to amend the Act entitled" An Act to provide for calling forth the Militia to execute the Laws of the Union," &c., passed February twentyeight, seventeen hundred and ninety-five.

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Be it enacted That whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President of the United States, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory of the United States, it shall be lawful for the President of the United States to call forth the militia of any or all the States of the Union, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed.

SEC. 2. And be it further enacted, That whenever, in the judgment of the President, it may be necessary to use the military force hereby directed to be employed and called forth by him, the President shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes, within a limited time.

SEC. 3. And be it further enacted, That the militia so called into the service of the United States shall be subject to the same rules and articles of war as the troops of the United States, and be continued in the service of the United States until discharged by proclamation of the President: Provided, That such continuance in service shall not extend beyond sixty days after the

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