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the benefit of the States of Texas, Colorado, Oregon, Nebraska, California, Kansas, and Nevada and the Territories of Washington and Idaho and Nevada when a Territory”, approved August 4, 1886, be, and he is hereby, authorized and directed to examine all accounts, papers and evidence which heretofore had been or which hereafter may be submitted to him in support of the war claims of the States of Califoria, Oregon, and Nevada and Nevada when a Territory, growing out of the War of the Rebellion and in suppressing Indian hostilities and disturbances during the War of the Rebellion, and in guarding the overland mail emigrant routes during and subsequent to the War of the Rebellion, and to ascertain and state what amount of money each of said States and Nevada when a Territory actually expended, and what obligations they incurred in actual warfare or in recruiting, enlisting, enrolling, organizing, arming, equipping, supplying, clothing, subsisting, drilling, furnishing, transporting, and paying their volunteers, militia, and home guards, and for bounty, extra pay, and relief paid their volunteers, militia, and home guards, and in preparing their volunteers, milita, and home guards in camp and field to perform military services for the United States.
The Secretary of War is also directed to ascertain what amount of interest has been paid by each of said States and Nevada when a Territory on obligations incurred for the purposes above enumerated. The Secretary of War shall report to Congress the amount of money which may be thus ascertained to have been actually paid by each of said States and Nevada when a Territory on account of the matters above enumerated, and also the amount of interest actually paid or assumed by each of said States and Nevada when a Territory, on moneys borrowed for the purposes above enumerated. And the Secretary of War shåll also report the circumstances and exigencies under which and the authority by which such expenditures were made, and what payments have been made on account thereof by the United States.
Passed the Senate February 27, 1889.
CALIFORNIA STATE ACT OF APRIL 27, 1863
LAWS PERTAINING TO VOLUNTEERS The people of the State of California, represented in senate and assembly, do enact as follows:
SECTION 1. A sum not exceeding $600,000 is hereby appropriated and set aside to constitute a separate fund, to be known as the “Soldiers' Relief Fund”, for the purpose of paying a compensation to the soldiers of the companies of California volunteers raised in this State for the service of the United States, to aid in repelling invasion, suppressing insurrection, enforcing the laws, and protecting the public property, in addition to the pay allowed them by the United States. All liabilities created by this act shall be paid out of said fund.
SEC. 2. There shall be paid out of the fund created and set apart by the first section of this act to each and every enlisted solider of the companies of California Volunteers raised, or hereafter raised in this State for the service of the United States to aid in repelling invasion, suppressing insurrection, enforcing the laws, and preserving and protecting the public property, from the time of their enlistment to the time of their discharge, the sum of $5 per month: Provided, That this provision shall not apply to any soldier who may be drafted or enlisted as a substitute for any person drafted into the service of the United States.
Sec. 3. No money shall be drawn out of the “Soldiers' Relief Fund,” herein provided for, except as is provided for in section four of this act.
Sec. 4. The captains or commanding officers of companies of California Volunteers shall, after each and every muster, file in the office of the adjutant general of this State a complete muster roll (duly certified) of their companies, from the date of their enlistment, noting desertions, discharges, and dismissals, and stating the cause of such discharges and dismissals from the service. No noncommissioned officer or private shall be entitled to the benefit of this act who shall not obtain an honorable discharge from the service, and no money shall be drawn from the fund hereby authorized and set apart until he has been honorably discharged the service: Provided, however, That the monthly amount hereby appropriated may be drawn by such enlisted married men as have families depending upon them for support, who shall have power to allot the whole or a portion of the same for the support of their families. The amount of pay thus allotted shall be paid to the person to whom the same is legally allotted, upon the following certificate of the adjutant general of the State (with the seal of office
attached) being endorsed thereon, namely: “I hereby certify that
is a in Company
Regiment California Volunteers, and that he is enlisted to the benefit of the act entitled 'An act for the relief of the enlisted men of the California Volunteers in the service of the United States', approved April —, eighteen hundred and sixty-three, and that this allotment is made according to law." After the term of enlistment shall have been served, or an honorable discharge granted to any enlisted man, a certified copy of his final statement shall be transmitted to the adjutant general of this State, who shall certify on the back of the same the amount due under this act to the person discharged, and the comptroller shall draw his warrant upon the treasurer of State of the amount so certified, payable out of the fund hereby created: Provided, That in case a volunteer be discharged for disability that existed at the time of his enlistment he shall not be entitled to the benefit of this act.
Sec. 5. To enable all concerned to avail themselves of the benefits of this act, muster-out rolls of the respective companies of California Volunteers shall be duly filed in the adjutant general's office of this State, and a certified copy thereof filed in the office of the comptroller of State.
Sec. 6. For the purpose of carrying into effect the provisions of this act, and providing for the fund created by section 1 of this act, the treasurer of the State of California shall cause to be prepared bonds of the State, to the amount of $600,000, in sums of $500 each, redeemable at the office of the treasurer of the State, on the 1st day of July 1883. The said bonds shall bear interest, payable semiannually, at the rate of ? percent per year, from the date of their issue, which interest shall be due and payable at the office of the treasurer of State on the 1st days of January and July of each year: Provided, That the first payment of interest shall not be made sooner than the 1st day of January 1864. The said bonds shall be signed by the governor, and countersigned by the comptroller, and indorsed by the treasurer of State, and shall have the seal of State affixed thereto. And such bonds shall be issued from time to time as they may be required for use. The expense of preparing such bonds shall be audited as a claim against the “soldiers' relief fund”, created by this act.
Sec. 7. Coupons for the interest shall be attached to each bond, consecutively numbered, and signed by the treasurer of State, and it shall be the duty of the comptroller and treasurer of the State, each, to keep a separate record of all such bonds as may be issued, showing the number, date, and amount of each bond, and to whom the same was issued.
SEC. 8. All demands against the soldiers' relief fund shall be audited by the board of State examiners, in like manner as other claims against the State are or may be directed to be audited.
Sec. 9. The treasurer of state shall sell and dispose of said bonds for gold and silver coin of the United States, from time to time, as may be necessary to provide for the payment of liabilities against the said soldiers' relief fund, in the following manner: He shall publish notice for thirty days in two daily papers of the city of Sacramento, and in two daily papers of the city of San Francisco, inviting sealed proposals for the purchase of said bonds; the notice to state the time and place of receiving bids, the amount of bonds to be disposed of, and that no bids will be received for the purchase of a less sum than $2,000, nor for a greater rate of discount than 15 cents on the dollar of the par value thereof, and that the payments for the same must be made in gold and silver coin of the United States. Parties proposing to purchase bonds offered as aforesaid must state, in writing, the amount they propose to purchase and the rate percent they are willing to pay in gold and silver coin as aforesaid; each proposal to be accompanied with a responsible guaranty that the bidder will take the amount of bonds proposed and pay for the same on delivery of the bonds, if his bid is accepted, in accordance with the terms of his bid. No bid shall be received for a less sum than $2,000, nor for any fractional part thereof, and the said bonds shall not be sold or negotiated by the treasurer at a greater discount than 15 cents on the dollar of the par value thereof. The treasurer shall, immediately upon the closing of said bids, or as soon thereafter as convenient, open the whole of the bids or proposals in the presence of the governor and comptroller, and the governor, comptroller, and treasurer shall proceed to consider such proposals, and shall accept such as propose to purchase the said bonds for the smallest discount, such discount not, in any case, to be greater than hereinbefore limited. Upon the acceptance of any bid and notification by the treasurer to the bidder, such bidder shall forthwith pay to the treasurer the amount of the purchase money for the bonds proposed to be purchased, in gold and silver coin of the United States; upon receiving the same the treasurer shall deliver to such purchaser the bonds so purchased. All money
8. Repta, 74-1, vol. 1-46
received by the treasurer from the sale of bonds as herein proposed shall be placed by the treasurer to the credit of the said soldiers' relief fund.
Sec. 10. If any bidder whose bid shall be accepted shall fail to pay the money and accept the bonds, as provided in the last preceding section, he shall forfeit all right to his bid, and shall, with his guaranties, be liable to an action by the treasurer of State for the benefit of said fund for any damages resulting from such failure to comply with the conditions of his bid in accepting the bonds and paying over the purchase money.
SEC. 11. For the payment of the principal and interest of the bonds issued under this act there shall be levied and collected annually, until the final payment or redemption of the same, and in the same manner as other State revenues is or may be directed by law to be levied and collected, a tax of 2 cents for the year A. D. 1863, and annually thereafter 4 cents on each $100 of taxable property in the State, in addition to the taxes for general State purposes, and the fund derived from this tax shall be set apart and applied to the payment of the interest accruing on the bonds herein provided for, and the final redemption of the principal of said bonds; and the faith of the State of California is hereby pledged for the payment of the bonds issued by virtue of this act, and the interest thereon, and, if necessary, to provide other and ample means for the payment thereof.
Sec. 12. Whenever, on the 1st day of January or July 1864, or upon the 1st day of January or July in any subsequent year, there shall remain a surplus after the payment of the interest as herein before provided, of $10,000 or more, in the fund created by the eleventh section of this act, it shall be the duty of the treasurer to advertise in two daily newspapers published in English in each of the cities of San Francisco and Sacramento for sealed proposals for the surrender of bonds issued under the provisions of this act. He shall state in such advertisement the amount of money on hand applicable to the redemption of bonds, and he shall accept such proposals, at rates not exceeding par value, as may redeem the greatest number of bonds, until the amount of cash on hand for redemption is exhausted.
Sec. 13. Full and particular account and record shall be kept by the treasurer of the condition of the funds collected in accordance with the provisions of this act, open at all times to the inspection of the governor and controller, and of any committee appointed by the legislature or either branch thereof.
Sec. 14. It shall be the duty of the treasurer of this State to make arrangements for the payment of the interest on the said bonds when the same falls due; and in the event that the said interest fund shall be insufficient, the said treasurer shall make up the deficiency from the general fund; and in the event of the insufficiency of the general fund, the said treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the credit of the State; and in case there should at any time be in the fund created by this act for the payment of said interest and the redemption of said bonds any surplus moneys not needed for the payment of said interest or the redemption of any bonds, it shall be the duty of the treasurer of State to transfer such surplus moneys to the general fund of this State. Said bonds shall be redeemed and the interest paid in the gold and silver coin of the United States. SEC. 13. This act shall take effect and be in force from and after its passage. Approved, April 27, 1863.
ACT OF APRIL 17, 1866 (16 Stat. 38) AN ACT To reimburse the State of Missouri for moneys expended for the United States in enrolling,
equipping, and provisioning militia forces to aid in suppressing the rebellion Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That immediately after the passage of this Act the President shall, by and with the advice and consent of the Senate, appoint three commissioners whose duty it shall be to ascertain the amount of moneys expended by the State of Missouri in enrolling, equipping, subsisting, and paying such State forces as have been called into service in said State since the 24th day of August 1861, to act in concert with the United States forces in the suppression of the rebellion against the United States. And the said commissioners shall be authorized to call witnesses before them and examine them under oath.
Sec. 7. And be it further enacted, That the sum of six million seven hundred and fifteen thousand and eight-nine dollars and sixty-five cents, or so much thereof as may be necessary, be, and the same is hereby appropriated to carry this Act into effect.
ACT OF APRIL 27, 1904 (33 Stat. 428)
DEFICIENCY APPROPRIATION ACT
The accounting officers of the Treasury are hereby authorized and directed to reopen and adjust the claim of the State of Missouri, under the Act to reimburse the State of Missouri for moneys expended for the United States in enrolling and equipping and provisioning militia forces to aid in suppressing the Rebellion, approved April 17, 1866, on the basis of like claims of Indiana, Michigan, New York, Maine, and Pennsylvania.
ACT OF MARCH 3, 1905 (33 Stat. 1253)
DEFICIENCY APPROPRIATION ACT
(Note.-California's militia expenses covered by proper vouchers were carefully investigated by the Board of Army Officers under the act of 1882, and amendatory acts, and the amount found due was $468,976.54 (S. Rept. 320, 73d Cong. pp. 8, 13) General Wright reported to The Adjustant General January 26, 1863 (supra, p. 14): “After consultation with the members of the legislature and also with Governor Stanford it was the unanimous opinion that the best interests of the Government would be subserved by organizing four companies of militia.")
TEXAS ACT PROVIDING TROOPS
AN ACT To provide for the protection of the frontier of the State of Texas. Approved September 21, 1866;
(Sen. Ex. Doc. 74, 46th Cong., 2d sess., p. 20)
Be it enacted by the Legislature of the State of Texas, That there be raised three battalions of Texas rangers for the protection of the northern and western frontier of the State of Texas to consist of ten companies, giving to two battalions three and to one battalion four companies, to be raised as hereinafter provided, and to consist of one captain, two lieutenants, four sergeants, four corporals, one bugler, one farrier, and eighty-seven privates each. The field and staff officers to consist of one colonel, one lieutenant colonel, and one major, one assistant adjutant general with the rank of captain, one adjutant with the rank of first lieutenant, one assistant quartermaster and commissary with the rank of captain, and two assistant quartermasters and commissaries with the rank of first lieutenant, one surgeon with the rank of major, and three assistant surgeons with the rank of captain entitled to pay as follows, to wit: The colonel shall receive $200 per month; lieutenant colonel, $150 per month; the major, $140 per month; captain, $125 per month; lieutenants, $90 per month; first sergeants, $38 per month; sergeant, $34 per month; corporals, buglers, and farriers, $33 per month; and privates, $30 per month: Provided, The pay for all shall be full compensation in lieu of other pay and commutation for clothing for officers and men.
Sec. 4. That the Governor be authorized immediately after the passage of this act to commission competent persons one for every company to enroll the number of men for a company and when at least sixty-four men shall have been enrolled they shall organize by holding an election for company officers and the captain elected shall return a muster roll and such other reports as may be required by the Governor to the adjutant general's department and hold his company in readiness to take the field in obedience to orders from the Governor or superior officer.
Sec. 6. The troops raised under and by virtue of this act shall be governed by the rules and regulations of the Army of the United States and shall always be subject to the authority of the State of Texas, except for the purpose of following and chastising marauding bands of Indians wherever found, and it shall be the duty of the Governor to forward a copy of this Act to the Secretary of War and urge the acceptance of said battalions for frontier protection.
Sec. 7. That no portion of said troops shall become a charge against the State of Texas until organized as required by the fourth section of this Act and placed under orders.
Sec. 9. The Governor shall have power to disband said battalions or any portion of them whenever in his judgment their services may no longer be neces
sary for frontier protection, and may thereafter call into service and reorganize such companies and battalions whenever the condition of the frontier may require it: Provided, It shall not be for a longer period than twelve months and should the same not be accepted by the United States Government under the provisions of this act.
Sec. 10. The present legislature shall make all necessary appropriations and provide means to enable the Executive of this State to carry out the provisions of this act.
Sec. 11. That the Acts to provide for the protection of the frontier passed February 7, 1861, and December 24, 1861, be and the same are hereby repealed.
AN ACT FOR THE RELIEF OF THE STATE OF NEVADA Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the net balance due the State of Nevada of $595,076.53, as certified by the Comptroller General of the United States January 26, 1929, and printed in Senate Document Numbered 210, Seventieth Congress, second session, the same to be accepted in full settlement of all advances and expenditures and interest thereon made by said State.
Approved, March 4, 1929.