The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Series 3, Volume 5. Page: 52
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52
CORRESPONDENCE, ETC.
the Eighty-eighth and One hundred and twenty-eighth Ohio Volun-
teers and the Veteran Reserve Corps. The Eighty-eighth is stationed
at Camp Chase and the One hundred and twenty-eighth at Johnson's
Island. The interest of the service requires that these regiments
shall be retained a few weeks longer.
JOSEPH HOOKER,
Major- General, Commanding.
GENERAL ORDERS, WAR DEPT., ADJT. GENERAL'S OFFICE,
No. 111. Washington, June 10, 1865.
The annexed opinions of the Attorney-General relative to the
amounts of bounty payable to certain soldiers and the proper con-
struction of section 4 of the Army appropriation act of March 3,
1865 (General Orders, No. 45, Adjutant-General's Office, March 21,
1865), concerning the allowance of "three months' pay proper" to
certain volunteer officers continuing in the service "to the close of
the war," are published for the information and guidance of all con-
cerned:
ATTORNEY-GENERAL'S OFFICE,
May 6, 1865.
Hon. EDWIN M. STANTON,
Secretary of War :
SIR: I have considered the several questions presented by the Paymaster-
General and the Adjutant-General of the Army in their respective communica-
tions of May 3 and May 4, instant, relative to the amounts of bounty payable to
the soldiers of certain military organizations now being mustered out of service,
and also the point suggested in those communications relative to the proper
construction of the fourth section of the Army appropriation act of March
3,1865 (13 Stat., 497), concerning the allowance of extra pay (as it may be called)
to certain volunteer officers continuing in the service " to the close of the war."
The first question is, whether veterans who re-enlisted and persons who enlisted
in the regular or volunteer forces of the United States for three years or during
the war, under the regulations and orders referred to in the communication of
the Paymaster-General, issued by the Secretary of War, and by the Provost-
Marshal-General with the approval of the Secretary, and who may be honorably
mustered out the service by reason of the Government no longer requiring their
services, before the expiration of their term of enlistment, are respectively
entitled, on being so mustered out, to the unpaid balances of the bounties prom-
ised to them by the orders under which they were enlisted.
I am of opinion that they are so entitled, by the operation of the joint resolu-
tions of Congress, approved respectively January 13, 1864, and March 3, 1864,
which give the force and effect of law to the regulations and orders of the War
Department just referred to, providing for the payment of bounties to the classes
of soldiers above named. These regulations and orders, in terms, promise and
declare that "if the Government shall not require these troops for the full period
of three years, and they shall be mustered honorably out of the service before
the expiration of their term of enlistment, they shall receive, upon being mustered
out, the whole amount of bounty remaining unpaid, the same as if the full term
had been served."
The second question relates to soldiers who entered the service pursuant to and
under the provisions of the act of July 4, 1864, promulgated by your Department
in General Orders, No. 224; and it is whether they are respectively entitled to
receive, on being thus mustered out of the service before the expiration of their
respective terms of enlistment, the whole amounts of bounty to which they
would have been entitled if they had continued in the service throughout their
respective periods of enlistment, or only those proportions or installments of the
several bounties which may have actually accrued to them at the dates of their
respective discharges.
I am of opinion that a volunteer accepted and mustered into the service under
the statute of July 4, 1864, whether for a term of one year, or of two years, or of
three years, if he is mustered out of the service, for the reason mentioned, before
the expiration of the term of service for which he enlisted, is entitled to receive
only the proportion of the bounty allowed him by the statute, whether one-third
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Errata sheets for the Records of the War of the Rebellion include additions and corrections to the text and the index for Series 3, Volume 5.
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United States. War Department. The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Series 3, Volume 5., book, 1900; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth139267/m1/61/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.