The Savannah Daijy Herald.
8. W. Mas.»- & C 0.,..? Proprietors.
Samvel W. Maws, Ekitob.
.SAVANNAH. FRIDAY, JUNE 30. ISCS.
THE CHANGE OF COMMANDERS.
It will be seen by the Orders published
elsewhere, that Gsn. Woodford has been re
lieved as Commandant of this post, and that
Brevet Brig. Gen. Edwin P Davis is his suc
cessor. Gen. Woodford was relieved in or
der to resume his former position as Chief of
Staff of the Department of the South
He has, duriug his somewhat brief stay
in Savannah, won the respect of all cir
cles. military and civil, for efficiency and de
cision,and has left the impress of his policy
on the. Public School svst m and in varioi’S
o her matters in the administration of mili
tary rule iu this city.
•Gen. Davis enters upon the discharge of
the duties of his office with the city in an
orderly and prosperous condition, and briugs
to the work an auspicious reputation for en
ergy and administrative ability.
Capt. John Mullen, 12th Connecticut lu
fantry, is announced as Adjutaut General of
For Acgcsta.—The United States steamer
Augusta will leave for Augusta this fore
noon, at 11 o'clock.
Personal.— Oapt. Edward G. Dike, late Ad
jutant General of the Post, weut North a3 a
passenger on the Chase yesterday, on leavs of
Colored Schools to Open Next Monday.
—A notice from Major W. C- Manning, Mil
itary Superintendent of Public Schools, ap
pears in another column, announcing that
the three colored schools, established by Gen.
TVoodford, will open ou Monday next.
Tbe Bounties op Soldiers Discharged
Before the Expiration of their Term of
Service. —We give in another column aniin
poitant Department Order, containing an
opinion by Attorney General Speed on the
Savannah Theatre. —The Theatre is to be
re opened this evening by Mr. W. P. Sweat -
nam with the excellent company which has
recently been filling Swcatnam's Varieties to
suffocation. From preseut indications, we
have-no fear that Man iger Sweatnain will be
a loser by his enterprising liberality.
From Macon. —'through the courtesy of
Mr. Charles A. Hall, of Macon, we have re
ceived full files of late papers from that sec
tion, but the crowded state of our columns
this doming obliges us to defer extracts un
til the evening edition.
For New Yoks.— The U. S. Mail Pioneer
Liue Steamship Chase, Capt. M. L. Rodgers,
with U. 8. Mail passengers and a heavy
freight, was cleared by Messrs. Hunter &
Gammell yesterday afternoon. The first
shipment of cot'on by cargo on private ac
count was that by the Chase, consisting of
nearly a hundred bales of Upland and Sea
f'ROM Augusta.—' Yesterday afternoon the
steamer StandUb, Capt. Moore, arrived from
Augusta, haviug ou board 144 bales of up
land cotton. Capt. Moore reports the river
in good boating order. The following pas
sengers came down on the Standish: Mr.
Charles A. Hall, of Macon, Capt, T. Shafer,
Capt. M Wilson, Capt. J. W. Carr, Lieut.
Charles Hawley, L. S. Grnuls and Assistant
Surgeou Wm. Dauiells, 28th lowa Volun
teers, in charge of 45 convalescent soldiers.
Personal. —Maj, Gen. Kilpatrick, of the
U. S Cavalry, arrived yesterday from Hilton
Head, by the steamer Resolute. He is at
the house of a friend in the city.
Brig. Geu. Fessenden aud Staff, arrived
yesterday by the U. S Transport Northern
Light, from Alexandria, Va. They are stop
ping at tbe Pulaski Hoffco. Gen. Fessenden
is accompanied by the following members
of his Staff;
Lt. C. B. Hall, A. A. A. G.
Lt. F. H. Coffin, A. A Q. M.
Capt. D. B. Miller, A. C. 9.
Capt. H C. Conrady, Provost Marshal.
Lt. F. E. Dwinal, A. D. C.
Patino off the Troops.— On Wednesday
Maj. Wilson, Paymaster, paid off the 158d
New York Volunteers, and yesterday the
12th Conn. Maj. Brigden, Paymaster, on
Wednesday paid off the 26th Massachusetts;
yesterday the 30th Maine. The amount
bnrsed among the troops, was near 9200-
OQO. Tbe troops are a portion of Dwight’s
Division, 19th A. C. The paying off will
continue from day to day until the whole
Division is paid. Major Wilson will next
week leave Savannah for Georgetown, S. C.,
to pay off Beales’ Brigade. The whole fund
to be disbursed in Savannah, will be about
The Adam’s Express Co.’s office was
thronged yesterday with soldiers sending
their money packages home. While a great
part of the money paid to the troops will
“ g ,° “ tliat direction * another large
portion will be set afloat in this city, and will
W m \ C r h twards matters here.
iJv J f M „ Flemiu K’ Paymaster, will
? Cad this mornia g to obtain
funds with which to pay off the troops sta
tioMd onthe coastat Doctortown, Darien,
*nd otiitr poiata. .
The steamer Jonesbury arrived at four
o'clock yesterday morning, from Jackson
ville, Fernandina and St. Augustine, with a
large number of passengers, mostly residents
of the interior of the State, who are on their
way North, having availed themselves of
the first opportunity in four years time.
(Special Correspond-, no; U the Savannah Herald.)
Jacksonville, June 27.
At present matters at this place may be
termed decidedly mixed. Orders published
unoffieislly in the New York papers, say we
are in the Department of the Gnlf. Gen.
Newton arrived at Tallahassee some days
ago and assumed command of the Distiict of
Florida. Gen. Vogdes has considered him
seif as being in command of the District, and
having received no official not'ce that Flori
da had been ma le part cf tbe Department of
the Gulf hardly knew how to act. News
paper accounts also place Florida under
command of General Thomas and Meade re
spectively. When mails can be sent here
oftener than once in ten days', we may be
able to discover tbe truth among the many
and conflicting reports.
a disappointed regiment.
The 17th Regiment Connecticut Volun
teers, the only white volunteer regiment in
this District, were ordered to be sent North
for the purpose of being mustered out.—
Owing toils being scattered in various parts
of the State, it was impossible to collect the
different detachments together for some
days. In the meantime the assumption of
the command hy Gen. Newton placing it out
of tbe power of Gen. Vodges to send them
out of the District. File feelings of the regi
ment can better be imagined than described.
COMMUNICATION WITH SAVANNAH.
One great source of annoyance to the peo
ple here is the vmcerfainty and irregularity
of communication with the North. They
are still compelled to depend on transports
from Hilton Head. These come and go so
irregularly as to render it impossible for trav
ellers to make any calculations iu their move
ments. Then the transports are seldom pro
vided with accomodations for passengers, thus
rendering travel to and fro an intolerable
nuisance. The people are anxiously looking
for the first of a line of steamers to ply be
tween here and Savannah. The large
amount of travel would make such a line a
A MILITARY EXAMINING BOARD,
of which Gen. Scammon is President, has
been visiting the different posts in the dis
trict, for the purpose of examining officers
who wish to remain in the army*
THE INTERIOR. *
[Special Correspondence of the Savannah Herald. ]
Tallahassee, Fla., June 17.
Brevet Brig. Gen. Tilghraan resigned and
went home last week. The ability of that
officer saved much trouble between the peo
ple and the freed negroes in this section. He
was succeeded in the command by
BRIG. GEN. NEWTON,
who arrived here Saturday and has assumed
command of the district. It is thought that
this place will be made headquarters for the
district, instead of Jacksonville, It being in
quicker com municatiou with department
headquarters, which, it seems, is now Nsw
Orleans instead of Hilton Head,
THE RAILROAD GAP,
Between Baldwin and Jacksonville, still pla
ces us, in a great measure, out of the world.
Its completion is anxiously looked for.
ARREST OF 00V. ALLISON.
Hon. A. K Allison, who has, by virtue of
bis being President of tbe State Senate, been
acting Governor sfnee tbe deaili of Gov. Mil
ton, was arrested at bis residence in Quincy
on Saturday, and sent to Jacksonville. He
and Ex-Senator Yulee, are to be sent to Fort
Pulaski to await further orders.
Arrival of Troops. —The United States
transport Northern Light, Capt. Weir, from
Alexandria, Va., ou the 34th, arrived yester
day at Veuus’ Point, nine miles below the
city. Brig. Geu. J. D. Fessenden and staff,
with the 90th New York Volunteers; Lieut.
Col. Sheiman aud 173d New York Volun
teers ; Lieut. Col. Holbroke, 162d New York
Volunteers; Lieut. Col. Blanchard, IGOth
New York ; and Lieut. Col. Underhill, ar
rived by tbe Northern Light.
The tug Starlight, Capt. Bliss, was de
spatched down the river, and brought to the
city Geu. Fessenden and staff. Later la the
day the steamer Resolute, Captain Cannon,
brought up the 90th New York and 173d
New York. The 90th New York are attach
ed to the Ist Brigade, 3d Division, 19th Army
Corps. The other troops belong to the 3d
Brigade, Ist Divikiou, 19th ; Army Corps, un
der the command of Major Gen. Dwight.—
The remainder of the troops are expected to
arrive this mortffug.
A Great Family Literary Paper.—We
desire to call the attention ot our readers to
the advertisement of the “ New York
Weekly,” which will be found elsewhere
The paper named is, beyond question, one of
the very best papeis published. Its matter
is entirely original, and consists of first-class
Stories, Sketches, Poems, and varied depart
ments ; and while the stories selected for
publication are invariably exciting and deep
ly interesting, they are at the same time free
from that unhealthy excitement which gene
rally marks the newspaper literature of the
day, and full of sound morality. It will be
seen by the advertisement that two naw
serials are just commenced, entitled, “Owen,
the Convict; or, The Heart’s Devotion,” and
£.Cuban Heiress; or, Old Hepsibah’s
Oh, listen, bright one, while I tell
A sorrow that my heart befell,
A sorrow that no balm can cure,
Except one curl of those she wore.
Twas od the street that I first met
A form and face I’ll ne’er forget—
A form whose beauty I adore.
Because those charming curls she wore
Her mien so full of winning grace,
Tfae varied changes of her face—
All with their charms my bosom tore,
Backed by raven curls she wore.
How radiant was that lovely brow;
My throbbing heart can see it now—
And seeing, vainiy pants to soar
■ To those luxuriant curls she wore.
The sparkling lustre of her eye.
I would not if I could, deny;
But eyes and all must pale before
The rich dark curls the lady wore.
Pray do net think I rant and rave;
Those curls leave me J"”*’* slave.
For earth and heaven I might explore,
And find no curls like those she wore.
Form, face and eye may grace impart.
But what are these without a heart ?
May she prove ker '$ when I implore
One single curl from those she wore.
PULASKI HOUSE, JUNE 29.
C W Seidell, NY IJ P Bourse, lady, 2
T C Liortic, Augusta chll ren and servt
W A Fleming Georgia W A Byaut,
J M Bryant, NY |Mr Mandril,
C'ua# 'fobers, N Y IMr Burton,
Maj Gen Gillmore, H Head Mr Bostlcke,
LtCol B W Thompson, eo \ H Childs, Athena
Maj Gray, do Mrs Murry,
Maj Ucurraud, do J B McKittucfc,
' apt Bragg, eo 0 D Smith. Florida
L Talcoti, do Theo Hartridge, Florida
U W Ingalls Band Master, M F Ware and wife,
Hilton Head Chag Smith,
D D Whitlock, Augusta J G Scott. N Y
Brig Uen Jl) Fessenden 0 E Dood add lady, Acguita
nud lady, USA Mrs John Schreiver do
H E Smith. Darien G i Mr Perkins, 2 children
L l UKeife, Colas;bus and nurse, Augus a
N H Hodgkins. Macon John H Feny, do
F H Gilbert, US Tr Dept, J Darby, Auburn, Ala
„ acksonviiie, Fla C B Hall, AA A G 3rd
Miss Gilbert, Krig Dright's Div
Mrs Gibson, Mrs Rutgers A serv, Fla
G I Carpenter, Str Nevada A Hichardson, N Y
Capt D B .Viller and wife, W Rowe. City
4d Brig Dwight’s Div H Burns Augusta
Capt H Howard, do A P Huxford,
F E Dwiuetl, do Col 8 W Peck, 173 N Y V
Lt F H Ciiifin, do p F Beardsley do
l Reynolds, Nevada U Mayherr, do
SEA ISLAND HOTEL, (HILTON HEAD,) JUNE 27-
W Goman, Charleston VV J Jenkins, Greenville,
O H Iloppock, do Lt J H Swtr.fager, 28 CSCT
JO eae,, do Lt A Gardner do
E T Paine, do D G Summerfield, Beaufort
A Mrnity, do H G Kendel, do
S Cahill, New York A Holt, Savennah
00l B B Eggleston, I 0 V 1C L Gidlbanny, Nrw York
A M Brard, do .j h Colgate, do
A P nunnelly, Savannah *Lt C W Wobott, 75 Bat NY
F Braningar. do ! B Ettelsun, Sutler, do
D Benedic t. Beaufort T Cadmas, do
C K Hetfield, do WU Allen, 3 Carolina
Lt O V Eddy, 82 U 8 C T G A Wardlans. do
F S Capln, Rochester | A Dourghty, Hilton Head
PORT ROYAL HOTEL, [HILTON HEAD,] JUNE 27.
M McKing, Charleston iTHiupborger, Beaufort
J Levy, do W Saligrer, do .
G. A Smith, U 8 N S W Wiswell, Maj 14 Me V
MrsJM 0 Connor, Columbia A T Gray. Savannah
Hvv Rosebrook, Florida [Miss E Thompson, Sav
A A Hetseh, Charleston |M Foley and lady, Savannah
H Tracy, do CR Maxweli, do
EM Vv bite, 18 Ind Voi* IE Mcßrigb, do
W M Alexander, dc Mr Kosehrook, do
E Saudford Beaufort s MWollocer, do
J Flannery, Savannah • I
June 26—British *chr Fley, Key W«st.
June xß—Sclir Julia A Crawford, New York.
Steamers Btandlnh, Mpore, Augusta, with 146 bale* cot
ton, to O Cohen and J J O’FaUau; Resolute, Cannon. Hll
ton Head; W W Colt, Little, do.
Arrived at Venus Point U States Tranapcrt, Northern
Light, Meir. Alexandria. Va, ivith Brig Geu Fessenden
and Staff 9i th. New York Vols, aud 17yd New York Vola:
Graves flat boat, from Augusta, wi-u 360 bales coiton
U 8 Transport, Fairbanks, Hunter, Alexandria, Va,
with troops, etc.
o une 27—Schr Julia, Savannah.
.luce a*—brigs Leonard Myers Savannah, Titanoa, do;
KM Heslec, Charleston; schrs Hattio linker, do; HM
U S Pioneer Line Steamship Chase, Rodgers, N York,
Hunter & Gammell.
KXPOKI3—424 bales Upland cotton, 22 do Sealsland do,
3 d.i domestics 26 bids iron, CO empty barrels, 2 packages
merchandize, and a lot of wator melons.
Pa 9ENQERS—VV W Montgomery. H H Stotesbury, II
F Dalton, J - Kobers, W B Griffin. J K Muuger, A L
Hartridge L C Tebenu, lJ W Williams. W H la-tler, Capt
K U Dike, A A G, Thos Holcombe. W B Cr..s y, Mrs Bra
dy and child, Mrs Jackson, FJacksou. Mrs J BCam
mmg, 2 children aud mirse. S 3 Wing, Mrs S s Roasiter,
S H Holbrook, Alex P.tu!. P \essl91 1 ‘aud wifa. James
Jackson, Chas White, H C Williams, Chan Wilson, Mrs C
Brier and 3 children, C Brier F L Jackson, H D Lowell
Steamers Kinilte. Bender, Hilton Head; W W Colt, Lit
do; Cououicus, Bourne, St Simons Sound; steamship Ste
phen Cloud, Nickerson, New York; U S Hospital steamer
Cosmopolitan, Crowel, Hilton Head; schr Oeida, Haynes.
HEADQ’RS POST OF SAVANNAH,
_ „ Savawnab, CU., June 29,1865,
Geresal Obdsm,! ’
No. 1. |
Pursuant to orders from Headquarters Department
of the South, the underfligued hereby assumed coni-'
maud of the Post of Savannah.
AH orders heretofore l.sued will remain in forcteun
til further orders.
EDWIN P. DAVIS,
J u3 ° Brevet Brig Gen. U. 8. Vols.
HEADQ’RS DEPT OK THE SOUTH,
HiLTort Heao, 8. C., June 27,1865,
Gxrxral Osdebs, I
No. 103. /
L The troops that may at any time be serving with
in a Military District, by proper assignment, will con
sUlute a Separate Brigade, under the exclusive orders
of the District Commander and authority superior to
11. The troops in the District of Charleston are de
signated as the First Separate Brigade i those In the
District of Port Royal are designated as the Second
Separate Brigade; tho.e in the District of Eastern
South Carolina as the Third Separate Brigade- and
th se in the District of Western South Carolina as the
Fourth Separate Brigade.
111. The troops iu the District of Southern Georgia
are designated as the Fifth Separate Brigade; those
in the District of Savann h as the Sixth Separate Bri
gade ; aud those in the District of Northern Georgia
as the Seventh Separate Brigade.
IV. The troops in the District of Florid* are desig
nated as the Eighth Separate Brigade.
By Command of
Major-General Q. A. GILLMORE.
, W. L. M. iit isoLB,
Assistant Adjutant General.
HEADERS DISTRICT OF SAVANNAH,7
Savajciab, Ua„ June n4, 1865. /
Gshe&al Obdeb, >
No. 46. j
Lieut. Ely ah Swift, 88th Mass. Vols, at his own re
quest is relieved from the duties and responsibilities
incident to the charge of the civil fund of this District
Lieut. Moms M. Davidson, 176th New York Vols ’
will re.ieve Lieut. 3 wilt and take charge of the civil
fund at once, receipting to Lieut. Swift Oierefor ° U
.By command of Brevet Major Gen. BIKQE.
jiiV ‘7' axu ' BW ’ and A. A. A. G.
Y °u are troubled with « bad breath; it annoys your
friends and acquaintances, as well as yourself. You
would like to get rid of it, but scarcely know what
means to adopt. We will tell you. Use the Fragrant
Sczodontl It will cleanse and beautify *your Teeth,
and leave your breath pure and sweet.
§ eto frbcrfisemtnfs.
OAK LODGE, NO, I, O. O. F.
The Regular semi-annual Meeting of this Lodge will
be held This Evening, at 8 o’clock, at the Lodge Room,
south-west corner of Bull and Broughton streets.
Members of the Lodge are reminded that this Is the
evening for electing officers for *he ensuing term, and
are earnestly requested to come prepared to pay their
During the evening an address will be delivered by
P. G. Emanuel Giesy, oa the benefits of Odd Fellow
ship. Members of the order of sister Lodges in the
city, and of the fraternity generally are invited to at
J- HOLBROOK E3TILL, N. G.
D. H. Secretary. j u3o
FOR NEW YORK.
The new first class Steamship NEVADA, Capt. Car
penter, will positively 3xll for the above port on
SATURDAY, JULY Ist,
At 2 o’clock precisely. _ For Freight or Passage ap
BRIGHAM, BALDWIN & CO.,
'RANTED TO RENT.
A HOUSE WANTED IN SOME PLEASANT
W. H. SHERWOOD,
JnSO 3 cor. Whitaker and Broughton sta.
QLAM9I CLAMS I
I have the best Clems at Hilton Head, and the best
Cooks, in proof of which statement I adduce the fol
lowing testimony from Mr. Beni. Honey's advertise
ment In the Savannah Daily Mould, of the last or
“There is no man in Port Royal that can serve up
Clams in every style better than Mr. Fitzgerald, at the
Eagle Saloon, m rear of the Post Office.
“There is Wh£bk the Lakhs Comes In."
one y and ° ar B<5U W ° WiSll y ° U a lone llfe Bnd a m |py
In addition to the above luxury, we furnish as good
a meal as can be obtained at Hilton Head, orffiLy
other place in this Department.
GIVE US A CALL,
And we feel confident that you will leave our estab
lishment satisfied that whatever we advertise you
will find to be correct. J
Do nottorgetourold established house, In the roar
01 l\*t Office.
. PETER FITZGERALD,
COMMISSION AND PRODUCE
Strict attention given to all Consignments.
CoiN£B BjOCtiHTON AND JeFF£K£ON StBISSS.
J u3 ° Im
JjWERYBODY SHOULD READ IT I
—Wt M£A» TBS
NEW YORK WEEKLY,
How Ready, Containing Two
CHARMING, EXCITING. STARTLING, THRILLING
TBE FIRST, 3it TXT LSD
OWEN THE CONVICT;
THE HEART’S DEVOTIONI
Is Perhaxs the Greatest Rost anoe oe Modebn Torts,
not excepting the most popular of Dumas' works. It
is the story of a youth pushed Into crime by tbe force
of circumstances, and of a pure, devoted, whole-soul
ed worn *n, who refused to believe In hie guilt, and
nobly stood by him to the last While it bus all the
touching pat hos of the "TickeUof Leave Man; “ it at
the same time is brimful of the most extraordinary
and soul-stirring adventures by laud and sea. The
hero gets out of one difficulty into another with a ra
pidity which is wonderful, and which shows the
most unexampled Ingenuity ou the part of the highfy
glited author, who holds his readers as if spell-bound
irom the opening to the close. Old romancers who
have read the manuscript—men who have been fu
mtllar with story-reading and story-writing through
out their lives, huve been so entranced with this truly
wonderful story that they have found it impossible to
lay it down till they have read to the very last line.
The Next Story w Entitled,
THE CUBAN HEIRESS;
GLD. HEPSIBAH’S SECRET!
This is from the pen of our highly-gifted contributor
“* ‘ MBS. MARY KYLE DALLAS,
and Is, beyond question, the finest thing she has thus
far written. It Is fall of love aud mysie y, aud pos
sesses a charm whir h cannot fail to fascinate all who
may read It.
The N. Y. Weekly Is sold by all News Agents in the
U. S. The price is Six Ceuta, but where Agents have
to pay extra freight a higher- price is charged. When
there is a News Agent in the town, we desire our
friends to get the N. Y, Weekly through him. When
sent by mail, single copies. $3 per annum ; four copies
$lO ; eight copies, S2O. The party who send us S2O
for a club (of eight copies, all sent at one time,) will
be entitled to a copy free. Postmasters and others
who get up clubs, in their respective towns, can after
wards get single copies at $2 so. Canada subset .tiers
must send twenty cents in addition to the subscription
to pay tbe American postage. jußo-3
Consignees per steamer Nevada are hereby notified
to receive then- goods now lauding at the Upper Hy
diaulic Press Wharf. .
Freight payable on the wharf before the delivery of
BRIGHAM, BALDWIN A CO.,
•i" 3O AgentA.
HEADQ-R3 POST OF SAVANNAH,
_ _ SavanmaO, Ga., June 29, 18C&
Nq 46. /
Th« undersigned having been relieved from duty at
the Post of Savannah and ordered to report at Depart*
ment Headquarters as Chief of Staff to the Major
General Commanding, hereby relinquishes the com
mand of the Post to Brevet Brig. Gen. S. T. Davis, U,
STfiWAHT L. WOODFORD,
JaSO Bn, Brig. Gen, U. SL VolA
era^Oid^N^ 01 ®^^*^ 1 ® estnbhshed under Gen
of Savannah, will ope Ton MONDA ?‘? d , qa^ t - rs Po «
o clock a. m.. as 'oifo we- July -d. at nine
tag. Gordon street?' 0 in the *&hoo! Build
Gordon*street. °°* *’ lnthe School Building
Primary School No. 3
Mr. Campbell's Church, FrantoHn? ment of the ®*v.
•Appliesion for the admis-jon of chm?
not attended the School monthly heM Udren who hsTe
U.J* and MilIU,, S w ,KdK?ssSi» o |,.
MULES OR DRAFT HORSES AND WAGONS
ENGINEER’S OFFICE. A A G P R >
Savannah, June 29, 1865. /
Persons having Mules or Draft Horses and Wagons
for sale or hire will piease call at this office.
J. T. STONE,
„ „ , _ Chief Engineer.
Office in Stoddard’s Building, up-stairs, opposite the
Q S. BUNDY,
general agent *
AND ATTORNEY FOR CLAIMS
No. 247 F Sum ei, Betwixh 13th and 14m Sraatr*,'
(Near Pay Department,)
WASHINGTON, D C
Ju3o ' ts
QORN AND OATS.
5,000 bushels Corn,
5,000 bushels Oats,
Hay. Butter, Cheese, Lard, &a For sale by
. John McMahon.
-j ll3o ’ B and Jefferson sts.
HEADQ’KS DEFT OF TIIE S UTfL )
Gliteral OrdersT™ “*** C " June 86 ’ f
No. 101. f
r n ß e f° , i owl ? g - 6e^? r i* ! ° rder from War Depart
ooiumand* 1^7 P ubUslled for the information of this
Adjutant Genebal's Office,
General Onuses,) W “htogton, June lu, 1865.
No. 111. /
The annexed opinions of the Attorney General, rel
t°t,J'?.ttmoantß of bounty payable to certain sol
dlerSy and the proper construction of Section 4 of the
Army Appropriation Act of March 3, iSoS, (General
Orders, No. 41, Adjutant General’s Office, March 21,
1866,) concerning the allowance of “three months’ pay
proper,•• to certain volunteer officers, continuing In the
remce to the clo-e of the war." are pnb lsaed for the
information and guidance of ail concerned,—
ATTORNEY GENERAL’S OFc’ICE
Hon. Edwct M. Stanx* v, May 1365 '
Secretary of War;
have considered the several questions pre
sented by the Paymaster General and the Adjutant
General i.f the Armv In their respective communica
tions of May 3 and May 4, Instant, relative to the
amounts of bounty payable to the -old!era of certain
military organizations now being mustered out of ,-er
vice and also the point, suggested in those communt
catlens, relative to the proper construction of the 4 h
of the Army Appropriation Act of March 8,
lob6 t CI3. Stat, 497,) concerning the allowance of extra
pay, fas it may be calied.j to certain volunteer officers
continuing in the service “to the dote of the war.”
Ihe first question is, whether veterans wlore-en
listed, and persons who enlisred in the regular or vol
unteer forces of the United States, for three years or
daring the war, under the regulations aud orders re
ferred to in the communication of the Paymaster Gen.
eral, issued by the Secretary of War, and by the Pro
vost Marshal General with the approval a the Secre
tary, and who may be honorably mustered out ot the
service, by reason of the Government no longer re
quiring their services, oefore the expiration of their
terra or enlistment, are respectively entitled, on being
so mustered out, to the unpaid balances of the boun •
ties promised to them by the orders under which they
wera enlisted 1
respectively January 13,1864, and March 3,18 W. which
give the force and effect of law to the regulation* and
orders of the War Department, Juet referred to, pro
viding lor the payment of bounties to the clause* of
soldiers above named. These regulation* aud orders,
in terms, promise and declare, that, “if the Govern
ment shall not require these troops for ths full period
of three years, and they shall be mustered honorably
out of the service bofor# the expirutlon oi their term
of enlistment, they shall receive, up..u being mustered
out, the whole amount of bounty remainiug unpaid,
the same as if the full term had oeen seivett.’’
The second question relates to soldiers who entered
the sei-vice pursuant to, and under the provi.-ions o t,
the Act of July 4, 1664, promulgated by your Depart
ment in "General Orders, No*. 224anu n is, wnerher
they are reepactwely eniitled to receive, on being thus
mustered out of the sei-vice before the expiration of
their respective terms of enlistmeut, th ; whole amouuta
of bouuty to which they would have be» u*eniuled if
they had continued in the service throughout thtir re
spective periods of enlistment, or only those propor
tions or installments of the several oouiuie, whirh
may have actually accrued to them at the dales of
their respective discharges t
I am . .f opinion that a volunteer accepted and mus
tered into the service under the statute of July t, 1804,
whether for a term of one year, or of two years, or of
three years, if he ii mustered out of the service, for the
reason mentioned, before the expiration of the fi rm of
service for which he is enlisted, is entitled only to re
ceive the proportion of the bounty allowed him oy ihe
statute, whether one-third, or two-thirds thereof,
which had actnally accrued before the date of his dis
charge. If for Instance, he volunteered for two year*,
aud is mustered out before the expiration ot the first
year of his service, he cannot claim either the second
or the third ius ailment oi the bouuty of two hundred
dollars which would have been payaols to him hud he
continued in the service till the expiration of tbe lwo
year* for which he enlisted. Thu volunteer ouiy who.
at the time of his discharge, has completed oue-ha.f of
the term of service lor which he enlisted, ia euutieu to
the second installment of une-thirn of the amount of
bounty given to him by the Act; and he u emidedto
no more of that bouuty. If he Is di*char t ed ou th®
next day after the expiration of one half ci his term of
enlistment, the second installment of tne bouuty 1* due
a..fl payable to him. Tbe Government cannot reclaim
it, if lt has been paid ; nor withhold It, it it i emain un
laid. Butkhe discharge precludes him from receiving
he third installment; that only Is due to a volunteer
who may have served through the whole term lor
which he enlisted. I confe» that theie is some ob
scurity in the Act, and that there is a little difficulty
in determining its meaning. But, on the a hoie, lam
of opinion that the Paymaster General has arrived at
the true construction of the statute. Tue third ques
tion Is, whether commissioned officers of volunteers,
below the rank of Brigadier General, w horn the Gov
ernment may now muster out of service because their
services are no longer required, are entitled respect
ively to receive on their leaving the aeivice, "three
months' pay proper, ” unde,- tue pi-ovudun of the 4th
Section ot tno Act of Much, 18661
The right of these officers t, leceive that allowance,
depends upsn the detenu nation o the p Mat, whether
they have continued in tbe service "to the close of the
war" within the meaning of the statu «o, 1866 f lam
of opiuioa if aueh an officer conUuuo ra the army till
he is honorably mastered out, because his military
services are no longer needed, i.na tiu the Government
thus declares that lt no longer requires him topoifurm
Any duty on it* henult under his commie,ion that be
is within the provision of the ttatute, and in Its con
templation, he has continued in the military service
“to the .clore or the war." 'ihe war, so far as he le
concerned in his capacity as an officer, has c.oscd. He
has por.yriued his duty—his entire dot.,—to the Gov
ernment and tbe enu e for which he diew his sword.
When his country, by its appropriate otgun. com
mands him to return his sword to the scabbard, and
retires him honorably from its service, I know not how
we can, with respect to that officer, say that the war
has not closed. lam of opinion that au officer of tbe
class named in the statute now, and ibu* mustered
out of service, is entitled to receive “three mouths’
I am, sir, mo4t respectfully,
Your obsdmat servant,
By Order or the Secretary of War
E. D. 'IOWN9END,
Aes’t Adj’t General.
W. L. M. cross,
Assistant Adjutant General.