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. PUBLIC-Numbers 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 thereafter 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, be 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 President 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 persons in the military service, as aforesaid, are confined in said penitentiary under the sentence of a court- martial for any offense no 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 proceeding oaf 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 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 filled in said court, and then such convict shall be disposed of and suffer such punishment as by said communication 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 suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which act, and the joint resolution explanatory thereof, are herewith published, I, Abraham Lincoln, 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 Government 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.