The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Series 3, Volume 2. Page: 274
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274 CORRESPONDENCE, ETC.
SEC. 13. And be it further enacted, That the relative rank between officers of the
Navy and the Army shall be as follows, lineal rank only to be considered:
Rear-admirals with major-generals; commodores with brigadier-generals; captains
with colonels; commanders with lieutenant-colonels; lieutenant-commanders with
majors; lieutenants with captains; masters with first lieutenants; ensigns with
second lieutenants.
Approved July 16, 1862.
(VI. PUBLC--No. 159.)
AN ACT prohibiting the confinement of persons in the military service of the United States in the
penitentiary of the District of Columbia, except as a punishment for certain crimes, and to discharge
therefrom certain convicts by sentence of courts-martial, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That hereafter no person in the military service of
the United States, convicted and sentenced by a court-martial, shall be punished by
confinement in the penitentiary of the District of Columbia, unless the offense of
which such person may be convicted would, by some statute of the United States or
at common law, as the same exists in the said District, subject such convict to said
punishment.
SEC. 2. And be it further enacted, That all such persons in the military service, as
aforesaid, who have heretofore been, or may hereafter be, convicted and sentenced
by a court-martial for any offense which, if tried before the criminal court of said
District, would not subject such person to imprisonment in said penitentiary, and
who are now or may hereafter be confined therein, shall be discharged from said
imprisonment, upon such terms and conditions of further punishment as the Presi-
dent of the United States may, in his discretion, impose as a commutation of said
sentence.
SEC. 3. And be it further enacted, That upon the application of any citizen of the
United States, supported by his oath, alleging that a person or persons in the mili-
tary service, as aforesaid, are confined in said penitentiary under the sentence of a
court-martial for any offense not punishable by imprisonment in the penitentiary by
the authority of the criminal court aforesaid, it shall be the duty of the judge of
said court, or, in case of his absence or inability, of one of the judges of the circuit
court of said District, if upon an inspection of the record of proceedings of said
court-martial he shall find the facts to be as alleged in said application, immediately
to issue the writ of habeas corpus to bring before him the said convict; and if, upon
an investigation of the case, it shall be the opinion of such judge that the case of
such convict is within the provisions of the previous sections of this act he shall
order such convict to be confined in the common jail of said District, until the
decision of the President of the United States as to the commutation aforesaid shall
be filed in said court, and then such convict shall be disposed of and suffer such pun.
ishment as by said commutation of his said sentence may be imposed.
SEC. 4. And be it further enacted, That no person convicted upon the decision of a
court-martial shall be confined in any penitentiary in the United States, except under
the conditions of this act.
Approved July 16, 1862.
(VII. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:)
A PROCLAMATION.
In pursuance of the sixth section of the act of Congress entitled "An act to sup.
press insurrection, to punish treason and rebellion, to seize anid confiscate the prop-
erty of rebels, and for other purposes," approved July 17, 1862, and which act, and
the joint resolution explanatory thereof, are herewith published, I, Abraham Lin-
coln, President of the United States, do hereby proclaim to and warn all persons
within the contemplation of said sixth section to cease participating in, aiding,
countenancing, or abetting the existing rebellion, or any rebellion, against the Gov.
ernment of the United States, and to return to their proper allegiance to the United
States, on pain of the forfeitures and seizures as within and by said sixth section
provided.
In testimony whereof, I have hereunto set my hand and caused the seal of the
United States to be affixed.
Done at the city of Washington this twenty-fifth day of July, in the year of our
Lord one thousand eight hundred and sixty-two, and of the Independence of the
United States the eighty-seventh.
[L. S.] ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,
Secretary of State.
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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 2.
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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 2., book, 1899; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth139264/m1/283/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.