Chapter CLIX. *declaring and fixing the Rights of Volunteers as a Part of the Army.* March 2, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * In computing the service of any army officer, the time of all actual service is to be taken into ac
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CHAP. CLIX.— An Act *declaring and fixing the Rights of Volunteers as a Part of the Army.* March 2, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * In computing the service of any army officer, the time of all actual service is to be taken into account. That in computing the length of service of any officer of the army, in order to determine what allowance and payment of additional or longevity rations he is entitled to, and also in fixing the relative rank to be given to an officer as between himself and others having the same grade and date of appointment and commission, there shall be taken into account and credited to such officer whatever time he may have actually served, whether continuously or at different periods, as a commissioned officer of the United States, either in the regular army, or, since the nineteenth day of April, eighteen hundred and sixty-one, in the volunteer service, either under appointment or commission from the governor of a State, or from the President of the United This provision to apply to all appointments under act 1866, ch. 299.*Ante*, p. 332.States; and the provision herein contained as to relative rank shall apply to all appointments that have already been made under the “Act to fix the military peace establishment of the United States,” approved July twenty-eight, eighteen hundred and sixty-six.
THIRTY-NINTH CONGRESS. Sess. II. Ch. 159, 160, 161. 1867. 435 Sec. 2. *And be it further enacted, *That in all matters relating to pay,All rules as to pay, rank, duties, &c. to apply alike to officers and soldiers of the regular army and of the volunteer service. allowances, rank, duties, privileges, and rights of officers and soldiers of the army of the United States, the same rules and regulations shall apply without distinction for such time as they may be or have been in the service, alike to those who belong permanently to that service and to those who, as volunteers, may be or have been commissioned or mustered into the military service under the laws of the United States for a limited period.
But nothing in this act shall be construed as affecting or in anyState militia not affected hereby. way relating to the militia of the several States when called into the service of the United States. Sec. 3. *And be it further enacted, *That the act entitled “An act to increaseEmoluments of commissioned officers of army not increased by act 1864, ch. 145. Vol. xiii. p. 144. the pay of soldiers in the United States army and for other purposes,” approved June twentieth, eighteen hundred and sixty-four, shall not be so construed as to increase the emoluments of the commissioned officers of the army at the date of its passage, and the first section of the act entitled “An act to amend the several acts heretofore passed to provide for the enrolling and calling out the national forces and for otherThe first section of act 1865, ch. 79, vol. xiii. p. 487, not retroactive. purposes,” approved March third, eighteen hundred and sixty-five, was not intended to be retrospective or retroactive in its operation, and shall not be so construed.
Approved, March 2, 1867.