°u. »*r*z,- y.„«j*V«"w»*" D N J \ SURGEON GENERAL'S^ OFFICE LIBRARY. Section, .....O 3- Lp.^hvjL,............ /// % MILITARY LAWS, ^T/^ AND RULES AND REGULATIONS THE ARMY %«, OF . ; . -* THE UNITED STATES. PRINTED FOR THE WAR DEPARTMENT: WASHINGTON: Uovember, 1814. W. Cooper, Printer, INDEX. Art. war. Pag*. Abandoning, garrison or guard 52 a 59 a Absence, without leave - 21 o 41 a 42 a from pai ade - - ^a from guard or platoon - 50 a Absentees at musters - - - I3 a Abstracts of contractors - 249 Accounts, specie and others - - H« Accused persons - - - ^° rights of - ■ - - 90 a Adjutant and inspector general - - 1°9 Adjutants general - - - - 110 duties of - - - 176 Advance of pay - 1"0, • Aids-de-camp - **•' Alarms, false - - - " ^a Allowance, to members of courts martial 66, 198 to discharged soldiers 67 to discharged nrlitia - - \dl of quarters - *"* of fuel - - - ' 19? of forage - 1"J of straw - - - -196 of stationery - 1" of transportation - - - 197 for horses - 201 Ammunition, wasted or sold - 37 a returns - 208 waggons - - 204,206 Annual estimates - - - 200,209 Apothecary general, his salary - - 11* duties • - -*" iv INDEX. Armorers - - - - 76 Arms, penalty for selling, &c. - 38 a captains accountable for - 40 a regulations relative to the distribution of 21S lost or damaged - - - 217 Arrears of pay, not to exceed two months 63 Arrest, and breach of - - 77 a its term limited - - 79 a soldieis not liable to, for debt - 101 Arsenals, keepe.s of, to make returns - - 98 Articles of war, to be signed - -la to be read to recruits 10 a to be read to t: oops 101 a Artificers, corps of - - - - 76 of ordnance - - 87, 135 of quartermaster general, - - 113 Artillery, 1st regiment 4S 1st, 2d and 3d do. consolidated 129 carriages, - 191,204,207,208 distribution of - - - 205 returns of senior officer - 208 Assistant apothecaries - - - 132 deputy commissaries of ordnance 112 district paymasters - - 46, 137 Baggage - 197, 198,199 Balls, cannon - - 205 Barrack masters - - 94,112 Barracks - - 191,201 Blacksmiths - . 76,87 Boat builders - - 76 Boats - - - 190 Bombardiers - . 79 Books, blank. See Stationery. Bounty to recruits for five ycai9 . - 12* for the war . 102, 122, 124 to heirs of soldiers killed 62 INDEX. > Boys - - 201 Branded horses - - 183 Brevet rank - 61 a 99,171 Bribe for a muster - 16 a Bridges - - 188 Brigade inspectors - 56 quartermasters - ib. majors - 60 their pay - 92 ■Brigadier general, one - 46 two additional - 56 five do. - 60 two tio. - 98 six do. - - 10* Cadets . 51,80 Caissons - - 206 Camp equipage - 197 Candles - - 61,95 Cannon and shot - 205 Captured stores - - 58 a Carpenters ■* • • - 76 Carriage makers ... 87 Carts.....190 Cast horses .... 183 Cavalry. See Light Dragoons. Certificates, false - - - 14 a Challenges - - - 25 a 28 a of members of a court - 71a Chaplains ... - 67,166 fined for absence - 4 a Charges - - - - 77 a for offences two years since 88 a Children - 204 of officers deceased - - 64 Citizenship necessary for appointments - S3 A2 VI INDEX. Civil authority • - - 33 a cannot arrest a soldier for debt 101 Clerks of district paymasters - - 92 of quartermaster general and commis- sary gene: al - - - 72, 95 of superintendent general of supplies. 119 Clothing, president to prescribe - - 131 returns of - - - 221 Commissaiy general of 01 dnance 8T rank, pav, &c. of him and assistants - 88 duties . - . 89, 111, 180 assistant deputies - - - 112 Commissary general of purchases, his duties ... 70, 94,219 bonds of him and his deputies - 71 to account - - . - 116 clerks 72 deputies - » . - 76 Commissaiies, special - - 120,252 Commodores, saluted - - - 174 Company - - - -96, 103, 129 Complaints of inferiors - 34 a 35 a Compliments by the troops - - 173 Conductors of artillery - - 74,129 of quartermasters - - 189 Conduct unbecoming an officer and a gen- tleman - . . 83 a Confidential reports .... J85 Confinement - - . 78 a its term limited - 79 a o. militia - 154 Connivance of hiring duty - - 48 a Contempt of officers of government 5 a of commanding officer . 6 a of court - . 76 a Corn - J . . 195 Corporeal punishment ... 95 INDEX. vu Corresponding with an enemy • 57 a Countersign - - - 53« Courts martial, general....mem- bers - 64 a 68 a 75 a ordered by whom - 65 a hours of session 75 a expenses on attending - 66, 198 regimental and garrison 66 a their powers - 67 a of militia - 97 a 154, 162 Courts of inquiry - - 91 a 92 a Cowardice - - - 52 a 85 a Crimes....capital in civil laws - 33 a not capital - - 66 a 99 a Damage, of public property, arms, &.c. - - - 36 a 40 a Death, sentence of - - 65 a requires two thirds of a court 87 a Debts of soldiers . - - - 101 Depositions - - 74 a 165 Deputy commissaries - - - 76 Deputy paymaster general 99 Deseition .... 20 a 64, 256 Details of service - - - 177 Disabilities in the service - - 63, 159 Discharge of soldiers - - 11 a 67, 250 Dismissal of officers - 11 a 65 a 67 Disobedience of orders - - 9 a 27 a Distiibution of ordnance - 205 District paymasters . . 91,137,251 to give bond - - 50, 92, 138 their clerks - 92 Divine service - - - - 2 a Division of artillery - 205 Drafts....for money - - - 190 militia . - - • 261 - 179 96 a . 93 45 a 25 a 26 a 28 a - 177 47 a via INDEX. Dragoons. See Light Dragoom. Drill Drivers of light artillery - Drunkenness on duty Duelling - Duty by detail of soldiers - Effects....of deceased officers - 94 a of soldiers - - 95 a Embezzlement - - 36 a 39 a 85 a Encamping - - - - 185 Enemy....relieving - - 56 a corresponding with - 57 a stores of - 58 a Engineers - - - 63 a corps of - - 51,78 artifices and privates 53 See Topographical Engineers. Enlistment, twice - - 22 a for five years ... 124 for the war - - 102, 122, 124 of minors - - 104,259 of militia ... 104 Enticing to desert - - - 23 a 65 Escape of prisoners - - 81 a Estimates....of quartermasters - - 206 of ordnance department - 209 of hospital department - - 225 Evidence....oath of - - 73 a by deposition - - 74 a 165* False alarms - - . 49 a certificates - - 14 a musters - - • 15 a 17 a retnrns - - - 18 a INDEX. Farriers.....97,130 Fines - - - 67 a of militia - - - 154, 156, 162 Flying artillery. See Light Artillery Forage - - 48,57,61, 122, 195 of light dragoons - - 251 Forage masters ... - 74,112 Forcing safeguard - - 55 a Forges ..--- 206 Fraud - - - - 85 a Fuel.....192 Furloughs - - - - 12 a 259 General courts martial. See Courts. General staff - - 109 duties - . 111 relative rank . 171 Governors saluted - - 173 Guardian or parent. See Minors. Guards designated - 184 posted t - 185 shall prevent duels 26 a absence from - 50 a abandoning 52 at shall receive prisoners - 80 a accountable for prisoners 81 a shall report them • 82 a Half pay - . 65 Half yearly returns - - 90, 180 ,22a of horses and oxen - 189 of medicines and of sick . 225 Half yearly, confidential reports * .* 185 muster rolls * 182 Harboring an enemy - « 56 a deserters - - - 65 Harness makers - 715 x ItfDEX. Hay - - - 195 Hired persons - 96 a Hi: ing duty ... - 47 a Horses ... 183,190 ,251 Hospital department - - 225 stewards 61,226,230 ,248 surgeons, - 117 ,227 surgeons' mates . 229 House carpenters . . 76 Howitze. s - 206 Imprisonment . 67 a of militia . 154 Infant y ... . - 60 company . 96 19 regiments . . 105 for the defence of the sea board 122 Ink . 200 Inspecting parades - . 184 Inspection oi powder - 204 returns . . 183 Inspectors gene: al . 109 their duties . . 181 Inst; uction of tro»ps . 179 Invalid list - - 63 Journal of an army . m 224 Judge advocates . . 66 their duties - 69 a 90 a pro tempore - - 50 Keepers of arsenals. See Military Store keepers. Laboratories .... 203 Laboratory stores ... 208 Laborers - . . 76,87,113,135 INDEX. xi Land - - - - 62, 83 Light artillery....regiment ... 55 when mounted - 68, 69 drivers - . 93 forges ... 206 Light dragoons ... 55,97,130 troop - - 97, 130 Loss of arms, &.c. - ■ 38 a 40 a Magazines .... 207,208 Major generals....two - - 6& six additional - - 108 Malt liquor - 54 Marches .... 184 journals of ... 224 disorders and abuses on 32 a 54 a Marine officers - - - 62 a 68 a Markets - - - - - 184 Marshals - - - - 155 Masons ..... 76 Mechanics - - - 76,87,113,135 Medical department - 225 Medicine chests ... 226 Medicines....list of, to be purchased - - 245 Menacing words or gestures - 76 a 164 Military academy - - - - 51 correspondence - - 180 establishment - - 44,55,129 storekeepers and stores 116, 119, 189 Militia, 62 a 97 a 145, 150, 151, 156, 158, 161, 162 its pay .... 158 rank of its officers - - 98 a may enlist - - - 104 rules for drafts of - - 261 Minors.....104,259 Misapplication of public property - 36 a money - - 39 a xn INDEX. Misbehavior before an enemy - 52 a Monthly report....of sick and wounded, form of 235 do. in general hospital do. 241 Monthly returns - - 180 Monthly summary statements....of all monies 118 of quartermasters - 190 of commissaiies - 220 Morning report... of sick, &c. form of • 237 Music for recruiting ... 256 Musters - - - 168, 182,259 absentees from - * 13 a when false - - 15 a 17 a bribe for - - 16 a Muster rolls - - - - 182 Mute prisoners - - - 70 a Mutiny - - - - 7 a not suppressing or informing of 8 a Navy officers saluted ... 174 Nurses ..... 225,248 Oaths....profane - - - 3 a of recruits - - 10a 256 of members of court martial 69 a of judge advocates - 69 a 93 a of members of courts of inquiry 93 a of witnesses - . 73 a of quartermasters - - 70 Oats - - - - - 195 Office rent .... 93 Officers travelling, to report themselves - 250 Ordnance department - - - 87,203 See Commissary and Artillery. Oxen .-.„.. 190 Paper -...._ 199 Parades, inspected . - 1#* INDEX. &HI Parades, absence from - • 44 a Parent or guardian. See Minors. Parole - . - 53 a Pay of the army 46, 57, 61, 98, 100, 129 of cadets .... 51 of light dragoons - . 58,97 arrears limited - 63 commencement and continuance 67, 114, 172 of militia - - . - 158 ofvolunteets - . . 155 Paymaster of the army - 4t> duty - - - 46, 137 See Deputy and District. Peace establishment. See Military Ms- tab 'iskment. Pension list Physician and surgeon general duties Plans of military positions - Platoon, absence from Plundei or pillage - • Police ... Post, abandoning sentinel quitting Postage ... Powder Premium for recruiting President of the United States, saluted Prisoners - to be reported Professors of military academy Promotion Provoking speeches - • Provost marshal • Punishment, corporeal Purchases Purchasing department * - 63 112, 135 . 225 - 22-* 50 a 52 a • 184 52 a 46 a 72, 114 204 - 104 173, 175 - 184 82 a 184 - 79 - 133 172 24 a 9 a 81 a - 93 118, 190, 219 - 219 XIV INDEX. Purchasing a soldier's arms - - 165 Quarrels - - - - 27 a Quarterly accounts ... 117 190 of specie - - 118 of pui chases - 221 Quarterly report from the director to the physician and surgeon geneial, form of - - 242 of the medical staff 243 Quarterly returns....of cast horses . 183 of hospital stores and furniture, form of • 240 of medicines, &c. form of 239 of ordnance stores - 208 Quartermasters general ... 94 109 their duties 69 , 187 to give bonds 95 to account - 116 to make returns 117 to appoint aitificers, &c. - 113 clerks ... 72 Quartermasters, regimental....to account . 116 their clothing returns 221 their provision returns - 249 Quarters .... 191 Quills .... - 200 Rangers .... 141 Rank of regiments ... 170 178 of officers 27 a 61 a 62 a 98 a 170 178 Ration - 54, 61, 67 Reconnoitring .... 224 Recruiting regulations . 253 Recruits, their oath 10 a how transferred . 252 how discharged 11 a INDEX. XT Recruits, may be enlisted for five years or during the war - - 134 may be re-enlisted - - 126 Red. ess....to. interiors - . 34 a 35 a to citizens - - 32 a Re-enlistment without a discharge 22 a Regimental hospital - - 231,246,247 Regimental surgeon, his duties - . 231 mates - . 235 Regiments may be consolidated - - 133 Relieving an enemy - - 56 a Reports of prisoners - 82 a of ordnance stores . . 208 of officers in travelling - - 250 confidential - - . 185 of incapacity in recruiting - - 254 Reproaches - - . 24 a Retreat beating - . - 23 a Return detachments - - . 178 Returns... forms of - . . 115,239 monthly - . 19 a 180 of inspection - - - 183 of muster rolls . - 182 of recruits - _ 254,260 of clothing ... 221,222 of ordnance department - 90,180 of stores, to o; dnance department 208 of hospital depai tment - 117,225 of medicines, to hospital department 225 of the departments generally - 117 of military storekeepers - 90 of horses, oxen, &c. - 189 false - . . 18 a Riflemen, one regiment - 55 three regiments » - 127 Roads ..... 188 Roster.....178 *vt INDEX. Rules in promotion - - - - K2 miscellaneous ... 249 for militia drafts - - - 261 for rcciuiting ... 253 Running from an enemy - 52 a Saddlers .... 7g Safeguard - - - - 55 a Salutes . . . . . 175 Sea fencibles .... 139 Secretary of major general - 93 Sentence, its mitigation • 89 a Servants . . - 131, 132 Shells ..... 205 Ship carpenters . - - - 76 Shot . 205 Sick returns .... 225 Sleeping out of camp or quarters - 42 a on post - . 46 a Soldiers and non-commissioned officers not to go one mile from camp 41 a not to lie out of their quarters 42 a when to return to their tents 43 a dying in the service, their effects to be taken care of - 95 a their heirs entitled to land - 62 allowance when discharged - 67 not liable to be arrested for debt 101 sleeping on post - - 46 a Speeches....provoking . 24 a inducing others to run - 52 a Spies --... 40 Spoil....on marches - . - 54 a Staff....rank - 170 appointments - 249 Stationeiy .... 199 Stewards....hospital . -, - 61,226,248 INDEX. xvh Stoppage of pay - - 38 a fr of militia - , - - 162 Stores - - - / - 117 of ordnance - - - 207,208 captured from an enemy - 58 a Storehouses - - - 189,203 Storekeepers - - - -119,189 their returns ... 208 Straw ----- 196 Striking supe; iors - - - 9 a Subsistence of the army - 47,57,61 of light diagoons - - 58 Summary statements. See Monthly. Superintendent general of military supplies 115 Superintendent of artificers - 76 of recruiting - 254,260 Suppression of mutiny - - - 8 a Surgeons, hospital ... 117,227 regimental, his duties - 231 Surrendering - - 59 a Suspension - - - 84 a Suttlers - - - 60 a Suttling - - 29 a 30 a 31 a 184 Swearing, profane - - - 3 a Teachers of French-and drawing - 53 Tents.....197 Topog; aphical engineers - - 109 thei. duties - - 224 Transportation - - - 188, 197 Trials....never twice for same offence 87 a nor aftei two years - 88 a I • n i F o r m ... .president to pres cribe 100 a changes in - - - 262 of the general staff - - 263 of the artillery - - 266 b2 xvhi INDEX. Uniform......of the light dragoons - - 26S of the light artillery - 2|2 £ of the infantry - - 2*5 A of the riflemen - . ib. of the cadets - - - 276 Vice President, saluted - - 173, 175 Violence to citizens - 33 a 51 a Volunteers - - - 107, 108, 144 bheir rank - - 171 entitled to promotion - 136 Votes in courts martial - - 72 a Wafers .... 200 Waggon masters ... 73) ] \% Waggons .... 190, 197 for ammunition - - 204,206 Waiters - - - - - 131, 132 Ward masters ... 5^ 230 form of book to be kept by 244 Waste of ammunition - - 37 a on marches - - 54 a Watch word - - - 53 a Wheelwrights .... 87 Whipping .... 93 Widows, of officers - - 64, 158 Wine, in rations - 54 Witnesses - - . 73 a 74 a Women .... 204, 247, 252 that draw rations - - 48, 252 Words, menacing - - 76 a Workshops ..... 203 Wrpngs, by superiors - - 34 a 35 a ARTICLES OF Vi'AR. AN ACT for establishing Rules and Articles for th'e Government of the Armies of the United States. Sec. 1. BE it enacted by the. Senate and House of Representatives of the Uni- ted States of America in Congress as- sembled, That from and after the passing of this act, the following shall be the rules and articles by which the armies of the United States shall be governed. Art. 1. Every officer now in the army of the United States, shall, in six months from the passing of this act, and every of- ficer who shall hereafter be appointed, shall, before he enters on the duties of his office, subscribe these rules and regulations. Art. 2. It is earnestly recommended to all officers and soldiers diligently to attend divine service; and all officers who shall behave indecently, or irreverently at any place of divine worship, shall, if commis- sioned officers, be brought before a general court martial, there to be publicly and se- verely reprimanded by the President; if A ^> non commi&soncd officers or soldier-' cvtv person so offending shall, for his in st of fence, forfeit one sixth of a dollar, to be deducted out oi his next pay; for the sreond oiYence, he shall not only forfeit a like sum, but be confined twenty-four hours; and for every like offence shall suffer and pay in like manner; which money, so forfeited, shall be applied by the captain or senior officer of the troop or company, to the use of the sick soldiers of the company or troop to wh'ch the Offender belongs. Art. 3. Any non-commissioned officer or soldier, who shall use any profane oath or execration, shall incur the penalties ex- press -d in the foregoing article; and a com- missioned officer shall forfeit and pav for each and every such offence one dollar, to be applied as in the preceding article. Art. L Every chaplain commissioned in the ar m or armies of the United States who shall absent himself from the duties as- si'Y'vd him (excepting in cases of sickness or leave of absence) shall, on conviction thereof before a court martial, be fined n;>i exceeding one month's pay, besides the loss of his pay during his absence; or be dis- c!nii\.^d, as the said court martial shall judge proper. 3 Art. 5. Any officer or soldier who shall us:- cjmemptuous or disrespectful words against the President of the United States, against the Vice President thereof, against the Congress of the United States, or against the chief magistrate or legislature of any of the United States in which he may be quar- tered, if a commissioned officer, shall be cashiered, or otherwise punished, as a court martial shall direct; if a non-commissioned officer or soldier, he shall suiter such pun- ishment as shall be inflicted on him by the sentence of a court martial. A rt. 6. Any officer or soldier who shall behave h;msc'i with contempt or disrespect towards his commanding officer, shall be punisied according to the nature of his of- fence, by the judgment of a court martial. Art. 7. Any officer or soldier who shall begin, excite, cause, or join in any mutiny or sedition in any troop or company in the service of the United States, or in any par- ty, post, detachment, or guard, shall suffer d.'alh, or st-<»h other punishment as by a court martial shall be inflicted. At:.t. 8. Any officer,non-commissioned officer, or soldier, who, being present at any mutiny or sedition, docs not use his ut- most endeavor to suppress the same, or 4 coming to the knowledge of any intended mutiny, does not without delay, give infor- mation thereof to his commanding officer, shall be punished by the sentence of a court martial with death or otherwise, according fo the nature of his offence. Art. 9. Any officer or soldier who shall strike his superior officer, or draw or lift up any weapon, or offer any violence against him, being in the execution of his office, on any pretence whatsoever, or shall disobey any lawful command of his superior oflicer, shall sutler death, or such other punishment as shall, according to the nature of his of- fence be inflicted upon him by the sentence of a court martial. Art. 10. Every non commissioned of- ficer, or soldier, who shall enlist himself in the service of the United States, shall, iU the time of his so enlisting, or within six days afterwards, have (he articles for the government of the armies of the United States, read to him, and shall, by the officer who enlisted him, or by the commanding officer of the troop or company into which he was enlisted, be taken before the next justice of the peace, or chief magistrate of any city or town corporate, not being nn officer of the army. W\ where recoup. 5 cannot be had to the ehil magistrate, ivc fore the juci.'e advocate, and in his pre r-euec, shall take the following oath or affir- mation: " I, A. Ii. do solemnly swear or affirm, (as the case may be) that I will bear true allegiance to the United States of America, and thai I will serve them honestly ami faithfully against all their ene- rgies, or op'insns, whatsoever, and ob- serve and ores- the orders of the President of the L'n-tcd'Ku.i.-s, and the orders of the officers appointed over me, according to the rales and articles for the government of the armies of the United States." Which justice, magistrate, or judge advocate, is e> give the officer a certificate, signifying that ^c man enlisted, did take the said- oath or affirmation. Art. J i. After a non-commissioned of- ficer or soldier, shall have been duly enlist ed and sworn, he shall not be dismissed the service without a discharge in writing; and no discharge granted to him shall be suffi- cient, which is not signed by a field officer of the regiment to which he belongs, or commanding officer, where no field officer of the regiment is present; and no discharge shall be given to a non-commissioned offi ccr or soldier, before his term of service 42 0 iias expired, but by order of the President, the Secretary of War, the commanding of- ficer of a department, or the sentence of a general court martial; nor shall a commis- sioned officer be discharged the service, but by order of the President of the United States, or by sentence of a general court martial. Artr. 12. Every colonel, or other officer commanding a regiment, troop, or compa- ny, and actually quartered with it, may give furlough; to non-commissioned officers or soldiers, in such numbers, and for so long a time as he shall juf!;.;e to be most consistent with the goo 1 of tin- service; and a captain or other inferior officer com- manding a troop or company, or in anv garrison, f>;t or barrack of the United States, (his lield officer being absent,) may give furloughs to non-commissioned offi- cers or soldiers, for a time not exceeding twenty days in six months, hot not to more than two persons to be absent at the same time excepting some extraordinary occa- sion should require it. Art. VI At every muster, the com- manding officer of each regiment, troop, or connvmy there present, shall give to the commissary of musters, or other oflicer v ho -./ niu.-ters the said regiment, trocp. or com- pany, certificates signed by hin self, signi- fying how long such officers as shall not appeal" at the said muster, have been absent, and the reason of their absence. In like manner, the commanding offcer of every troop, or company, shall give certificates, signifying the reasons of the absence of the non-commissioned officers and private sol- dier--, which reasons, and times of absence, shall be inserted in the muster-roils opposite the name of the respective alv-ent officers and soldiers. The certificates shall, toge- ther with the muster-rolls, be remitted by the commissary of musters, or other officer mustering, to the Departnvmt of War, as speedily as the distance of the place will admit. Art. 14. Every officer who shall be convicted, before a general court martial, of having signed a false certificate, relating to the absence of either officer or private soldier, or ivlativc to his or their pay, shall he cashiered. A. iiT. 15. Every officer who shall know- ingly make a false muster of man or horse, and every officer or commissary of musters, who shall willingly sign, direct, or all'-w the signing of muster-rolls, wherein such ts ^'alse muster is contained, shall, upon proof made thereof by two witnesses, belore a general court martial, be cashiered, and t-hall be thereby utterly disabled to have or hold any office or employment in the ser- vice of the United States. Art. lb. Any commissary of musters or other officer, who shall be convicted of having taken money or other thing, by wa\ of gratification, on the mustering any regi- ment.troop, or company, or on signing mus- ter rolls, shall be displaced from his office, and shall be thereby utterly disabled to have or hold any office or employment in the ser- vice of the United States. Art. IT. Any officer who shall pre- sume to muster a person as a soldier who is not a soldier, shall be deemed guilty of having made a false muster, and shall suf- fer accordingly. Art. 18. Every officer who shall know- ingly make a false return to the Depart- ment of War, or to any of his superior offi- cers, authorised to call for such returns, of the state of the regiment, troop, or company, or garrison, under his command; or of the arms, ammunition, clothing, or other stores thereunto belonging, shall, on conviction thereof, before a court martial, be cashiered. 9 Art. 19. The commanding officer of every regiment, troop, or independent com- pany, or garrison of the United States, shaft, in the beginning of every month, re- mit through the proper channels, to the Department of War, an exact return of the regiment, troop, independent company, or garrison, under his command, specifying the names of the officers then absent front their posts, with the reasons for, and tho time of their absence. And any officcv who shall be convicted of having, through neglect or design, omitted sending such re- turns, shall be punished according to the nature of his crime, by the judgment of a general court martial. Art. 20. All officers and soldiers, who have received pay, or have been duly en- listed in the service of thfctijnited States, and shall be convicted of Mping deserted the same, shall suffer death, or such other punishment as by sentence of a court mar- tial shall be inflicted. Art. 21. Any non-commissioned officer or soldier, who'shall, without leave from his commanding officer, absent himself from his troop, company, or detachment, !dial<, open being convicted thereof, be ;m risked according to the nature of his of- ver. e, at the discretion of a court martnd 10 Art. 22. No non-commissioned officer or soldier, sliall enlist himself in any other regiment, troop, or company, without a regular discharge from the regiment, troop, or company, in which he last served, on I he penalty of being reputed a deserter, and suffering accerdingly. And in case any officer shall knawingry receive and en- tertain such non-commissioned officer or sol- dier, or shall not, after his being discovered to be a deserter, immediately confine him, and give notice thereof to theVorps in which he last served, the said officer shall bv a court martial be cashiered. Art. 23. Any officer or soldier who shall be convicted of having advised or persuaded any other officer or soldier, to desert the service of the United States, shall suffer death, or such other punishment as shalPre inflicted upon him by the sen teuce of a court martial. Art. 21. No officer or soldier P.vW use anv reproachful or provoking speeches or gestures to another, upon pain, if an officer, of being put in arrest; if a'soldier, confined, and of asking pardon of the party offended, in th? nre-rnee of his e:>mma!ul:ng officer. A:.t. 25. No o-'cyp or s.ildier shall send a challenge to another offic t or eeldic. to 11 fight a duel, cr accept a challenge, if sent, upon pain, if a commissioned officer, oi being cashiered, if a non-commissioned of- ficer or soldier, of suffering corporeal pun- ishment, at the discretion of a court martial. Art. 26. If any commissioned or non- commissioned officer ccmmanding a guard, shall knowingly or willingly surer any per- son whatsoever, to go forth to fight a duel, he shall be punished as a challenger; and all seconds, promoters, and carriers of chal- lenges, in order to duels, shall be deemed principals, and punished accordingly. And it shall be the duty of every officer, com- manding an army, regiment, company, post, or detachment, who is knowing to a challenge being given, or accepted, by any officer, non-commissioned officer, or soldier, under his command, or has reason to be- lieve the same to be the case, immediately to arrest and brine, to trial such offenders. Act. 27. All officers, of what condition soever, have power to part and qnell all quarrels, nays, and disrrders, though the persons concerned shouM belong to another regiment, troop, cr company: and either to order others into arrest, or non-con mis slcued office:"- or soldiers into '•o:ffm'mnc»;!<, 12 until their proper superior officers shall be acquainted therewith; and whosoever shall refuse to obey such officer (though of an inferior rank) or shall draw his sword upon him, shall be punished at the discretion of a general court martial. Art. 28. Any officer or soldier, who shall upbraid another for refusing a chal- lenge, shall himself be punished as a chal- lenger; and all officers and soldiers are here- by discharged from any disgrace or opinion of disadvantage, which might arise from their having refused to accept of challenges, as they will only have acted in obedience to the laws, and done their duty as good soldiers, who subject themselves to disci pline. Art. 29. No sutler shall be permitted to sell any kind of liquors or victuals, or to keep their houses or shops open for the en- tertainment of soldiers, after nine at night, or before the beating of the reveilles, or upon Sundays, during divine service or ser- mon, on the penalty of being dismissed from all future sutling. Art. 30. All officers commanding in the field, forts, barracks, or garrisons of the Uni'vl States, are hereby required to see (hat the person-, permitted to sutlc, shall 13 supply the soldiers with good and whole some provisions, or other articles, at a rea sonable price, as they shall be answerable for their neglect. Art. 31. No officer commanding in any of the garrisons, forts or barracks of the United States, shall exact exorbitant prices for houses or stalls, let out to sutlers, or connive at the like exactions in others; nor by his own authority, and for his pri vate advantage, lay any duty or imposition upon, or be interested in the sale of any victuals, liquors, or other necessaries of life, brought into the garrison, fort, or barracks, for the use of the soldiers, on the penalty of being discharged from the service. Art. 32. Every officer commanding in quarters, garrisons, or on the march, shall keep good order, and to the utmost of his power, redress all abuses or disorders, which may be committed by any officer or soldier under his command; if upon com- plaint made to him of officers or soldiers beating, or otherwise ill treating any per- son, of disturbing fairs or markets, or of committing any kinds of riots, to the dis- quieting of the citizens of the United States, he, the said commander, who shall refuse or omit to see justice done to the offender 8 14 or offenders, and reparation made to the party or parties injured, as far as part of the offenders pay shall enable him or them, shall, upon proof thereof, be cashiered or otherwise punished, as a general court martial shall direct. Art. 33. When any commissioned of- ficer or soldier shall be accused of a capital crime, or of having used violence, or com- mitted any offence against the persons or property of any citizen of any of the Uni- ted States, such as is punishable by the known laws of the land, the commanding officer, and officers of every regiment, troop, or'company, to which the person, or persons, so accused, shall belong, are here- by required, upon application duly made by, or in behalf of the party or parties in- jured, to use their utmost endeavors to de- liver over such accused person, or persons, to the civil magistrate, and likewise to be aiding and assisting to the officers of justice in apprehending and securing the person or persons so accused, in order to bring him or them to trial. If any commanding officer or officers, sliall wilfully neglect, or shall refuse, upon the application aforesaid, to deliver over such accused person, or persons, to the civil magistrates, or to be 15 aiding and assisting to the officers of justice in apprehending such person, or persons, the officer, or officers, so offending, shall be cashiered. Art. 'Pi. If any officer shall thhik him- self wronged by his colonel, or the com- manding officer of the regiment, and shall, upon due application being made to him, be refused redress, he may complain to the general, commanding in the state or terri- tory where such regiment shall be station- ed, in order to obtain justice; who is here- by required to examine into the said com- plaint, and take proper measures for re- dressing the wrong complained of, and transmit as soon as possible to the Depart- ment of War, a true state of such com- plaint, with the proceedings had thereon. Art. 35. If any inferior officer or sol- dier, shall think himself wronged by his captain, or other officer, he is to complain thereof to the commanding officer of the re mncnt, who is hereby required i,o sum- mon a regimental court martial, for the doing' justice to the complainant; from wh"eh regimental court martial, e'uher party may, if he thinks himself still aggrieved, ap;v\d to a general court martial. But if, upon a second hearing, the appeal shall 16 appear vexatious and groundless, the per- son, so appealing, shall be punished at the discretion of the said court martial. Art. 36. Any commissioned officer, store keeper, or commissary, who shall be convicted at a general court martial, of hav- ing sold, Without a proper order for that purpose, embezzled, misapplied, or wilful- ly, or through neglect, suffered any of the provisions, forage, arms, clothing,'ammu- nition, or other military stores, belonging to the United States, to be spoiled or da- maged, shall, at his own expense, make good the loss or damage, and shall, more- over, forfeit all his pay, and be dismissed iron1 the service. Art. 37. Any non-commissioned offi- cer or soldier, who shall be convicted at a regimental court martial, of having sold, or designedly, or through neglect, wasted the ammunition delivered out to him. to be em- ployed in the service of the United States, shall be punished at the discretion of such court. Art. 38. Every non-commissioned of- ficer or soldier, who shall be convicted be- fore a court martial of having sold, lost, or spoiled, through neglect, his horse, arms, clothes, or accoutrements, shall undergo 17 such weekly stoppages (not exceeding the half of his pay) as such cr»urt martial shall judge sufficient, for repairing the loss or damage; and shall sufter confinement, or such other corporeal punishment as his crime shall deserve. Art. 39. Every officer, who shall be convicted before a court martial, of having embezzled, or misapplied any money w ith which he may have been entrusted, for the payment of the men under his command, or for enlisting men into the service, or for other purposes, if a commissioned officer, shall be cashiered, and compelled to refund the money; if a non-commissioned officer, shall be reduced to the ranks, be put under stoppages until the money be made good* and suffer such corporeal punishment as such court martial shall direct. Art. 40. Every captain of a troop, or company, is charged with the arms, ac- coutrements, ammunition, clothing, or other warlike stores belonging to the troop or e i cessar witnesses, to be transported to the place where the said court shall be assem- bled Art. 87. No person shall be sentenced to suffer death but by tiie concurrence of two thirds of the members of a general court martial, nor except in the eases here- in expres-ly mentioned; nor shall more than fifty lashes be inflicted on any offend- er, at the discretion of a court martial;* and no officer, non-commisioned officer, or sol- dier, or f dlovver of the army, shall be tried a second time for the same offence. Art. 88. No person shall be liable to be tried and punished by a general court martial for any offence which shall appear to have been committed more than two years before the issuing of the order for such trial, unless the person, by reason of having absented himself, or some other manifest impediment, shall not have been amenable to justice within that period. Art. 89. Every officer authorised to order a general court martial, shall have power to pardon or mitigate any punish- ment ordered by such court, except the sentence of death, or of cashiering an ofiU cor; wrhich, in the cases where he has au- thority (by article 65) to carry them into * Punishment 'iv stripes or la^hci aboli'-he i. Re's Kc, 7, act of lGth'May, 16th, 1812. 34 execution, he may suspend until the plea- sure of the President ot the United States ean be known; which suspension, together with copies of the proceedings of the court martial, the said officer shall immediately transmit to the President for his determina- tion. And the colonel or commanding of- ficer of the regiment or garrison, where any regimental or garrison court martial shall be held, may pardon or mitigate any punishment ordered by such court to be inflicted. Art. 90. Every judge advocate, or person officiating as such, at any general court martial, shall transmit, with as much expedition as the opportunity of time and distance of place can admit, the original proceedings and sentence of such court martial, to the Secret iry of War, which said original proceedings and sentence shall be carefully kept and preserved in the office of said Secretary, to the end that the persons entitled thereto may be enabled, upon application to the said office, to obtain copies thereof. The past's' tried by any general court martial, shall, upon demand tliercof made by hhus-eH", or by any person or persons in his behalf, be entitled to a copv of tlv S3 scntcnec and proceedings of such court. martial. Art. 91. In cases where the general or commanding officer may order a court of inquiry to examine into the nature of any transaction, accusation, or imputation, a gainst any officer or soldier, the said court shall consist of one or more officers, not exceeding three, and a judge advocate, or other suitable person as a recorder, to re- duce the proceedings and evidence to wri- ting, all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to sum- mon witnesses as a court martial and to examine them on oath. But they shall not give their opinion on the merits of the case, excepting they shall be thereto specially re- quired. The parties accused shall also be permitted to cross-examine, and interrogate the witnesses, so as to investigate fully the circumstances in question. Art. 92. The proceedings of a court of inquiry must be authenticated by the sig- nature of the recorder and the president, and delivered to the commanding officer; and the said proceedings may be admitted as evidence by a court martial, in cases not capital or extending to the dismission of an 36 officer, provided that the circum -fauces are. such, that oral testimony cannot be obtain cd. But as courts of inquiry may be per- verted to dishonorable purposes, and may be considered as engines of destruction to military merit, in the hands of weak and envious commandants, they are hereby pro- hibited, unless directed by the President of the United States, or demanded by the ac- cused. Art. 93. The judge advocate, or re- corder, shall administer to the members the following oath: " You shall well and truly examine and inquire according to your evidence, into the matter now before you, without partiali- ty, favor, affection, prejudice, or hope of reward. So help you God" After which the president shall adminis- ter to the judge advocate, or recorder, the following oath: "You A. B. do swear, that you will, according to your best abilities, accurately and imoartiallv, record the proceedings of the court, and the evidence to be given in the ease in hearing. So help you God." Tho witnesses shall take the same oath as witnesses sworn brfore a court martial. Art. 91. When any commissionedoffic-r 37 shall die, or be killed in the service of the United States, the major of the regi- ment, or the officer doing the major's duty in his absence, or in any post or garrison, the second officer in command, or the as- sistant military agent, shall immediately secure all his effects or equipage then in camp or quarters, and shall make an in ventory thereof, and forthwith transmit the same to the office of the Department of War, to the end, that his executors or ad- ministrators may receive the same. Art. 95. When any non-commissioned oflicer or soldier, shall die, or be killed in the service of the United States, the then commanding officer of the troop, or com- pany, shall, in the presence of two other commissioned oflicers, take an account of what effects he died possessed of, above his arms and accoutrements, and transmit the same to the office of the Department of War; which said effects are to be account ed for, and paid to the representatives of such deceased non-commissioned officer or soldier. And in case any of the officers, so authorised to take care of the effects of de- ceased officers and soldiers, should, before n 3d ihey have accounted to their representa- tives for the same, have occasion to leave the regiment, or post, by preferment, or otherwise, they shall, before they be per- mitted to quit the same, deposit in the hands of the commanding officer, or of the assist- ant military agent, all the effects of such deceased non-commissioned officers and soldiers, in order that the same may be se- cured for, and paid to their respective re- presentatives. Art. 96. All officers, conductors, gun- ners, matrosses, drivers, or other persons whatsoever, receiving pay, or hire, in the service of the artillery or corps of engineers of the United States, shall be governed by the aforesaid rules and articles, and shall be subject to be tried by courts mar- tial, in like manner with the officers and soldiers of the other troops in the service of the United States. Art. 97. The officers and soldiers of any troops, whether militia or others, being mustered and in pay of the United States, shall, at all times, and in all places, when joined, or acting in conjunction with the regular forces of the United States, be go- verned by these rules and articles of war, 39 and shall be subject to be tried by courts martial, in like manner with the officers and soldiers in the regular forces, save only, that such courts martial shall be composed entirely of militia officers. Art. 98. All oflicers serving by com- mission from the authority of any particular state, shall, on all detachments, courts mar- tial, or other duty, wherein they may be employed in conjunction with the regular forces of the United States, take rank, next after all officers of the like grade in said regular forces, notwithstanding the commissions of such militia or state officers may be elder than the commissions of the officers of the regular forces of the United States. Art. 99. All crimes not capital, and all disorders and neglects which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing ar- ticles of war, are to be taken cognizance of by a general or regimental court martial, according to the nature and degree of the offence, and be punished at their discretion. Art. 100. The President of the United 40 States shall have power to prescribe the uniform of the army. Art. 101. The foregoing articles are to be read and published once in every six months, to every garrison, regiment, troop, or company mustered, or to be mustered in the service of the United States, and are to be duly observed and obeyed, by all officers and soldiers who are or shall be in said service. Sec. 2. And be it further enacted, That in time of war, all persons not citi- zens of, or owing allegiance to the United States of America, who shall be found lurking as spies, in or about the fortifica- tions or encampments of the armies of the United States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a general court martial. Sec. 3. And be it further enacted, That the rules and regulations, by which the armies of the United States have here- tofore been governed, and the resolves of Congress thereunto annexed, and respect- ing the same, shall henceforth, be void and of no effect, except so far as may relate to » any transactions, under fh~m. prior to the. 41 promulgation of this act, at the several posts and garrisons respectively, occupied by any part of the army of the United States. NATHL. MACON, Speaker of the House of Representatives: S. SMITH, President of the Senate, pro tempore. April 10, 1806. Approved, TH: JEFFERSON. » 2 MISSING PAGE P.43-44 MILITARY LAWS. AN ACT fixing the Military Peace Establishment of the United States. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the military peace establishment of the United States, from and after the first of June next, shall be composed of one regi- ment of artillerists and two regiments of in- fantry, with such officers,.......and engineers, as are hereinafter mentioned. Sec. 2. And be it further enacted, That the regiment of artillerists shall consist of one colonel, one lieutenant colonel, four majors, one adjutant, and twenty compa- nies, each company to con»jst of one cap- tain, one first lieutenant, one second lieu- tenant,* two cadets, f.......serieants, four corporals, four musicians, eight artificers, and fifty-six privates; to be formed into five battalions: Provided olicays, Tlust it shall be lawful for the President of the United States to retain, with their present grade, as many of the fiVt lieutenants, now * One third lieutenant +■ Five. 4,6 in service, as shall amount to the whole number of lieutenants required; but that in proportion as vacancies happen therein, new appointments be made to the grade of second lieutenants until their numbers amount to twenty: and each regiment of infantry shall consist of— ( Vide sec I, Act 26th June, 1812J Sec. 3 And be it further enacted, That there shall be one brigadier general, with one aid-de-camp, who shall be taken from the captains or subalterns of the line;.......one paymaster of the army, seven paymasters and two assistants, to be attached to such districts as the President of the United States shall direct, to be taken from the line of commissioned officers, who in addition to their other duties, shall have charge of the clothing bf the troops;.......two surgeons, twenty-five surgeons' mates, to be attached to garrisons or posts, and not to corps. Sec. 4. And be it further enacted, That the monthly pay of the officers, non-com- missioned officers, musicians and privates, be as follows, to wit: to the brigadier gene- ral, two hundred and twenty-five dollars, which shall be his full and entire compen- sation, without a right to demand or receive my rations, forage, [travelling expenses] 47 tfr other perquisite or emolument whatso, ever, expect such stationery as may be re- quisite for the use of his department;......to the paymaster of the army, one hundred and twenty dollars, without any other emo- lument, except such stationery as may be requisite in his department, and the use of the public office now occupied by him; to the aid-de-camp, in addition to his pay in the line, thirty dollars; to each paymaster attached to districts, and each assistant to such paymaster, ten dollars, in addition to his pay in the line;......to each colonel, seven- ty-five dollars; to each lieutenant colonel, sixty dollars; to each major, fifty dollars; to each surgeon, forty-five dollars; to each surgeon's mate, thirty dollars; to each ad- jutant, ten dollars, in addition to his pay in the line; to each captain, forty dollars: to each first lieutenant, thirty dollars; to each second lieutenant, twenty-five dollars;* to each ensign, twenty dollars; to each ca- det.....t dollars. Sec. 5. And be it further enacted, That the commissioned officers aforesaid shall be entitled to receive, for their daily sub- sistence, the following number of rations of provisions: a colonel, s;x rations; a lieute- * Third lieutenant, twenty threr\ •£ Sixteen. 48 nant colonel, five rations; a major, four ru tions; a captain, three rations; a lieutenant, two rations; an ensign, two rations; a sur geon, three rations; a surgeon's mate, two ratioo?.; a cadet, two rations, or money in lieu sereof, at the option of the said officers and adets at the posts respectively where the r tions shall become due;......and each non-commissioned officer, musician and private, one ration; to the commanding officers of each separate post, such addition- al number of rations as the President of the United States shall, from time to time, di- rect, having respect to the special circum- stances of each post; to the women who may be allowed to any particular corps, not exceeding the proportion of four to a com- pany, one ration each; to such matrons and nurses as may be necessarily employed in the hospital, one ration each;....... Sec. 6. (lb. sec. 8, Act of Wth Jan. 1812.) Sec. 7. And be it further enacted, That the following officers shall, whenever for- age is not furnished by the public, receive at the rate of the following sums per month, in lieu thereof; each colonel, tw elve dollars; each lieutenant colonel, eleven dollars; each major, ten dollars; each adjutant....* dollars; * Ten. 49 each surgeon, ten dollars; and each sur geon's mate, six dollars. Sec. 8. lb. sec. 9, Act of 11th Jan. 1812. Sec. 9. Exccitted. Sec. 10. 76. sec. 10, Act of 11th Jan. 1812, and 6Z-th article of war. Sec. 11. Annidled. Sec. 12. Annulled. Sec. 13. lb. sec. 13, Act of 11th Jan, 1812. Sec. 14. lb. sec. 14, do. Sec. 15. lb. sec. 15, do. Sec. 16. And be it further enacted, That the paj master shall perform the du- ties of his office, agreeably to the direction of the President of the United States, for the time being; and before he enters on the duties of the same, shall give bonds, with good and sufficient sureties, in such sums as the President shall direct, for the faithful discharge of his said office; and shall take an oath to execute the duties thereof with fidelity: and it shall, moreover, be his duty to appoint from the line, with the approba- tion of the President of the United States, the several paymasters to districts, and assistants, prescribed by this act; and he is hereby authorised to require the said £ 56 paymasters to districts, and assistants, to enter into bond, with good and sufficient surety, for the faithful discharge of their respective duties. Sec. 17. Annulled. Sec. 18. lb. sec. 16, Act of Uth Jan. 1812. Sec. 19. lb. sec. 17, do. Sec. 20. lb sec. 18, do. Sec. 21. And be it further enacted, That whenever a general court martial shall be ordered, the President of the I'nited States may appoint some fit person to act as judge advocate, who shall be allowed, in addition to his other pay, one dollar and twenty five cents for every day he shall be necessarily employed in the duties of the said court; and in cases where the Presi- dent shall not have made such appointment, the brigadier general or the president of the court may make the same. Sec. 22. H>. sec. 20, do. Sec. 23. Annulled. Sec. 24. lb. sec. 22, Act of Uth Jan. ■ 1812. Sec. 25. Executed, Sec. 26. And be it further enacted, That the President of the United States is hereby authorised and empowered, when 51 he shall deem it expedient, to organize and establish a coqrs of engineers, to consist of one engineer, with the pay, rank, and emoluments of a major; two assistant en- gineers, with thepay,rank,andemolumet ts of captains; two other assistant engineers, with the pay, rank, and emoluments of first lieutenants; two other assistant engineers, with the pay, rank, and emoluments of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: and the President of the United States is, in like manner, au- thorised, when he shall deem it proper, to make such promotions in the said corps, with a view to particular merit, and with- out regard to rank, so as not to exceed one colonel, one lieutenant colonel, [two majors, four captains, four first lieutenants, four se- cond lieutenants, and so as that the number of the whole corps shall, at no time, exceed twenty officers and cadets] Sec. 27. And be it further enacted, ' That the said corps, when so organized, shall be stationed at West Point, in the state of New York, and shall constitute a military academy; and the engineers, assistant engineers, and cadets of the said corps, shall be subject, at all times, to. do 52 duty in such places, and on such service, as the President of the United States shall direct. Sec. 28. And be it further enacted, That the principal engineer, and in his absence the next in rank, shall have the superin- tendence of the said military academy, under the direction of the President of the United States; and the Secretary of War is hereby authorised, at the public expense, under such regulations as shall be directed by the President of the United States, to procure the necessary books, implements, and apparatus for the use and benefit of the said institution. Sec. 29. To repeal. 16th March, 1802. AN ACT in addition to an act, entitled << An ait fixing the Military Peace Establishment oi" the United States." BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be added to the regiment of artillerists, two teachers of music, whose pay, rations, and clothing, shall be the same as is by 53 law allowed to the teachers of musie in the regiments of infantry in the service of the United States. Sec. 2. And be it further enacted, That the President of the United States be, and he is hereby authorised to appoint one teach- er of the French language, and one teach- er of drawing, to be attached to the corps of engineers, whose compensation shall not exceed the pay and emoluments of a captain in the line of the army. Sec. 3. And be it further enacted, That- the commanding officer of the corps of en- gineers, be authorised to enlist for a term, not less than three years, one artificer, and eighteen men, to aid in making practical experiments and for other purposes; to re- ceive the same pay, rations, and clothing as are allowed to the artificers and pri- vates in the army of the United States; and the same bounty when enlisted for five years; and to be subject to the rules and articles of w ar. 2«th February, 1803. E 2 54 AN ACT in addition to " An act for fixing the Mi- litary Peace Establishment of the United States." BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed, in addition to the surgeons' mates provided for by the " Act fixing the military peace establish- ment of the United States," as many sur- geons' mates, not exceeding six, as the President of the United States may judge necessary, to be attached to the garrisons or posts, agreeably to the provisions of the said act. Sec. 2. And be it further enacted, That an equivalent in malt liquor or low wines, may be supplied the troops of the United States, instead of the rum, whiskey, or brandy, which, by the said act, is made a component part of a ration, at such posts and garrisons, and at such seasons of the year, as, in the opinion of the President of the United States, may he necessary for the nre<«Tvation of their health. March 26, 1804, 55 AN ACT to raise, for a limited time, an additional Military Force. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the present military esta- blishment of the United States, there be raised five regiments of infantry, one regi- ment of riflemen, one regiment of light ar- tillery, and.......to be enlisted for the term of five years, unless sooner discharged. Sec. 2. And be it further enacted, That the said regiments of infantry, riflemen, and artillery, shall consist of ten companies each, and the regiment of light dragoons of eight troops;* and the field and staff of- ficers of each regiment, of one colonel, one lieutenant colonel,.......t one adjutant, one quarter master, one paymaster, one sur- geon.......+ one serjeant major, one quarter master serjeant, two principal musicians, and for the regiment of light dragoons, one riding master; each company of infantry and riflemen to consist of onr* captain, one first and one second lieutenant, § one * Vide Act 30th March 1811. f Two majors. | Two sin peons' mates-. .$ One third lieutenant. 56 ensign, two cadets.......* Serjeants, four eor- porals,t two musicians, and sixty eight privates;! each company of artillery, ........ ( Vide sec. 4, Act of 26th June, 1812, and 30th March, 1814.) Sec. 3. And be it further enacted, That when, in the opinion of the President of the United States, a suitable proportion of the troops authorised by this act shall be rais- ed, there may be appointed two addition- al brigadier generals, who shall be entitled to one aid-de camp each, to be taken from the subalterns of the line; two brigade in- spectors, and two brigade quarter-masters; and such number of hospital surgeons and surgeons' mates, as the service may re- quire, but not exceeding five surgeons and fifteen mates, with one steward, and one wardmaster to each hospital: the brigade inspectors appointed under this act, shall be taken from the line, and the brigade quartermasters, the adjutants, regimental quartermasters and paymasters, from the subalterns of the line. Sec. 4. And be it further enacted, That the compensation of the oflicers, cadets, * Five. f Six for infantry. t Ninety for ditto. 57 r.on■ commissioned officers, musicians, arti- fices, and privates, authorised by this act, shall be, viz: to each brigadier general, one hundred and four dollars per month, twelve rations per day, or an equivalent in money, and sixteen dollars per month for forage*, when not furnished by the public; each brigade inspector, thirty dollars per month, in addition to his pay in the line; each brigade quartermaster and aid-de- camp twenty dollars, and each adjutant, regimental quartermaster and paymaster, ten dollars per month, in addition to their pay in the line, and to each,* ........ per month for forage, when not furnished as aforesaid; each hospital surgeon, seven- ty five dollars per month, six rations per day, or an equivalent in money, and twelve dollars per month for forage, when not furnished as aforesaid; each hospital sur- geon's mate, forty dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid; each hospital steward, twenty dollars per month and two rations per day, or an equivalent in money; each ward-master, sixteen dollars * Vide Act of July 22, 1813. 58 per month and two rations per day, or an equivalent in money; to the colonel of light dragoons, ninety dollars per month, six ra- tions per day, and forage for live horses; to the lieutenant colonel of light dragoons, seventy-five dollars per month, five rations per day, and forage for four horses; to the major of light dragoons, sixty dollars per month, four rations per day and forage for four horses; to each captain of light dra- goons, fifty dollars per month, three rations per day, and forage for three horses; to each lieutenant of light dragoons, thirty- three and one third* dollars per month, two rations per day, and forage for two horses; to each cornet of light dragoons, twenty six and two thirds dollars per month, two rations per day, and forage for two horses; to the riding master, twenty six and two third-; dollars per month, two rations per day, and forage for two hors- es; each saddler and farrier, ten dollars per month, one ration per day, and a suit of uniform clothing annually; and all other officers, cadets, non-commissioned officers, musicians, artificers, and privates authori- sed by this act, shall receive the like pay, * Third lieutenants, thirty. 59 clothing, rations, forage and other emolu ments, as the oflicers, cadets, non-commis sioned officers, musicians, artificers, and privates of the present military establish- ment: Provided, The officers and riding master furnish their own horses and accou- trements, and actually keep in service the aforesaid number of horses, to entitle them to the foregoing allowance for forage, or its equivalent in money: And provided also, That the whole or any part of the regiment of light dragoons shall be liable to serve en foot as light infantry, until, by order of the President of the United States, horses ar.d accoutrements shall be provided to equip the whole or any part thereof as mounted dragoons. Sec. 5. Enumerating the provisions cf the act of 16th March, 1802. Sec. 6. lb. sec. 23, Act of Uth Jan, 1812. Sec. 7. lb. sec. 24. do. Sec. 8. Executed. Sec. 9. And be it further enacted, That every commissioned and staff officer to be appointed in virtue of this act, shall be a citizen of the United States, or some one of the territories thereof. April 12, 1808. GO A> ACT to raioe an additional Military Ft-rcc. BE it enacted by the Senate and House. of Representatives of the United States of America in Congress assembled. That there be immediately raised.......* regiments of infantry,........to be enlisted for the term of five years, unless sooner discharged. Sec. 2. Vide Act 30th March, 1811. Sec. 3. And be it further enacted, That to each regiment [of infantry] raised under this act, there shall be appointed one colonel, two lieutenant colonels, two majors, two ad- jutants, one quartermaster, one paymaster, one surgeon, two surgeons' mates, two ser- jeant majors, two quartermaster Serjeants, and two senior musicians. Sec. 4. And be it further enacted, That there shall be appointed two major gene- rals, each of whom shall be allowed two aids,........and five brigadier generals, each of wdiom shall be allowed a brigade major and an aid, to be taken from the captains and subalterns of the line;........there shall also be appointed such number of hospital * Twenty-five, by Act of 26th June, 1S12, Nine- teen, by Acts of January 29, 1813, and 25th Februa- ry, 1813, and the number unlimited by Act of March 3Q, 1814. J 61 surgeons and mates as the service may require, with one steward to each hospital. Sec. 5. Annulled. Sec. 6. And be it further enacted, That the major generals respectively, shall be en- titled to two hundred dollars monthly pay, with twenty dollars allowance for forage, monthly, and fifteen rations per day. Their aids-de-camp shall each be entitled to twenty four dollars monthly, in addition to their pay in the line, and ten dollars month- v« ly for forage, and four rations. The briga- dier generals, respectively, shall be entitled to one hundred and four dollars monthly pay, twelve rations per day, and sixteen dollars per month for forage, when not found by the public. Sec. 7. Vide Act 6th July, 1812. Sec. 8. And be it further enacted, That each ration shall consist of one pound and a quarter of beef, or three quarters of a pound of pork, eighteen ounces of bread or flour, one gill of rum, whiskey, or bran- dy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of candles, to every hundred rations. Sec. 9. Vide Act 30th March, 1814. F 62 Sec. 10. And be it further enacted, That the officers, non-commissioned of- ficers, musicians, and privates of the said corps, shall be governed by the rules and articles of war, which have been establish- ed by the United States in Congress as- sembled, or by such rules and articles as may be hereafter, by law, established. Sec. 11. Repealed. Sec. 12. And be it further enacted, (Vide Act 27th January 1814J........And whenever any non-commissioned officer or soldier shall" be discharged from the ser- vice, who shall have obtained from the commanding officer of his company, bat- talion, or regiment, a certificate that he had faithfully performed his duty whilst in ser- vice, he shall moreover be allowed and paid, in addition to the said bounty, three months' pay and one hundred and sixty acres of land; and the heirs and represen- tatives of those non-commissioned officci'S or soldiers, who may be killed in action or die in the service of the United States, shall likewise be paid and allowed the said addirional bounty of three months' pay and one hundred and sixty acres of land, to be designated, surveyed, and laid off at the public expense, in such maimer, and upon. 63 such terms and conditions, as may be pro- vided by law. Sec. 13. And be it further enacted, That the said corps shall be paid in such manner, that the arrears shall, at no time, exceed two months, unless the circum- stances of the case shall render it unavoid- able. Sec. 14. And be it further enacted, That if any officer, non-commissioned of- ficer, musician, or private, shall be disabled by wounds or otherwise, while in the line of his duty in public sendee, he shall be placed on the list of invalids of the United States, at such rate of pension, and under such regulations as arc or may be.directed by law: Provided ahvays, That the com- pensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed for the highest rate of disa- bility, half the monthly pay of such officer, at the time of his being disabled or wound- ed; and that no officer shall receive more than the half pay of a lieutenant colonel; and that the rate of compensation to non- commissioned officers, musicians, and pri vates, shall not exceed five dollars per month: And provided also, That all in- ferior disabilities shall entitle the persons 64 so disabled to receive an allowance propor- tion; tc to the highest disability. Sec. 15. And be it further enacted, That if any commissioned officer, in the military establishment of the United States, shall, while in the service of the United States, die, by reason of any wound receiv- ed in actual service of the Uffitcd States, and leave a widow, or if no widow, a child . or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years: But in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay for the re- mainder of the time shall go to the child or children of such deceased officer: Pro- vided alu-ays. That such half pay shall cease on the decease of such child or chil- dren. Sec. 16. And be it further enacted, That if any non-commissioned officer, mu- sician, or private, shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve for and 65 during such a period as shall, with the time he may have served previous to his deser- tion, amount to the foil term of his enlist- ment; and such soldier shall and may be tried by a court martial, and punished, although the term of his enlistment may have elapsed previous to his being appre- hended or tried. Sec. 17. And be it further enacted, That every person, not subject to the rules and articles of war, who shall procure or entice a soldier, in the service of the United States, to desert; or who shall purchase from any soldier, his arms, uniform cloth- ing, or any part thereof; and every captain or commanding officer of any ship or ves- sel, who shall enter on board such ship or vessel as one of his crew, knowing him to have deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined at the discretion of any court having cognizance of the same, in any sum not exceeding three hundred dollars, and be imprisoned any term not exceeding one year. Sec. 18. And be it further enacted, That everv officer, non-commissioned offi- f 2 bb ccr, musician, and private, shall take and subscribe the following oath or affirmation, to wit: I, A. B. do solemnly swear or af- firm (as the case may be) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against their enemies or opposers whomsoever; and that I will observe and obey the orders of the President of the United States, and the or- ders of the officers appointed over me, ac- cording to the rules and articles of war. Sec. 19. And be it further enacted, That there shall be appointed to each divi- sion a judge advocate, who shall be enti- tled to the same pay and emoluments as a major in the infantry; or, if taken from the line of the army, shall be entitled to thirty dollars per month, in addition to his pay, and the same allowance for forage as Is allowed by law for a major of infantry. Sec. 20. And be it further enacted, That where any commissioned officer shall be obliged to incur any extra expense in travelling and sitting on general courts martial, he shall be allowed a reasonable compensation for such extra expense actu- ally incurred, not exceeding one dollar and twenty-five cents per day to officers who 67 are not entitled to forage, and not exceed- ing one dollar per day to such as shall be entitled to forage. Sec. 21. Annulled. Sec. 22. And be it further enacted, That whenever any officer or soldier shall be discharged from the service, except by way of punishment for any offence, he shall be allowed his pay and rations, or an equi- valent in money, for such term of time as sliall be sufficient for him to travel from the place of discharge to the place of his resi- dence, computing at the rate of twenty miles to a day. Sec. 23. And be it further enacted, That the subsistence of the officers of the army, when not received in kind, shall be estimated at twenty cents per ration. Sec. 24 And be it further enacted, That there shall be appointed to each bri- gade, one chaplain, who shall be entitled to the same pay and emoluments as a ma- jor in the infantry. Sec. 25. And be it further enacted, That no general, field, or staff officer, who may be appointed by virtue of this act, shall be entitled to receive any pay or emol iments until he sliall be called into 68 actual service; nor for any longer time than he shall continue therein. January 11, 1812. AN ACT supplementary to " An act to raise, for a limited time, an additional militay to. ce," passed on the twelfth day of April, one thousand eight hundred and eight. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever, in the opinion of the President of the United States, it is expedient to mount the light artillery, or any part there- of, horses and accoutrements shall be pro- vided to equip the whole or such part as he may direct; and when the non-commis- sioned officers, musicians, artificers, and privates are so equipped, the officers shall be entitled to the same forage as is now provided for the officers of the same grade in the regiment of light dragoons: Pro- tided, The officers furnish their own hors- es and accoutrements, and actually keep in service the same number of horses to entitle them to the aforesaid allowance for forage or its equivalent in money. 69 Sec. 2. And be it further enacted, That whenever the said light artillery are order ed to be mounted, there shall be provided one saddler and one farrier to each com- pany, who shall be entitled to the same pay'and emoluments as are now provided for saddlers and farriers in the regiment ot light dragoons. February 2t, 1812. AN ACT to establish a Quartermasters' Depart- ment, and for other purposes. Sec. 1. Repealed, Sec. 2. Repealed. Sec. 3. And be it further enacted, That in addition to their duties in the field, it shall be the duty of the quartermaster ge- neral, his deputies and assistant deputies, when thereto directed by the Secretary of War, to purchase military stores, camp equipage and other articles requisite for the troops;" and generally to procure and pro- vide means of transport for the army, its stores, artillery and camp equipage. That the quartermaster general shall account, as often as may be required, and at least once 70 in three months, with the Department of War, in such manner as shall be prescribed, for all property which may pass through his hands, (or the hands of the subordinate officers in his department, or that may be in his or their care or possession, and for all monies which he or they may expend in discharging their respective duties; that he shall be responsible for the regularity and correctness of all returns in his depart ment,] and that he, his deputies and as- sistant deputies, before they enter on the execution of their respective offices, shall severally take an oath faithfully to perform the duties thereof. Sec 4. And be it further enacted, That there shall be a commissary general of pur- chases, and as many deputy commissaries as, in the opinion of the President of the United States, the public service may re- quire, to be appointed by the President, by and with the advice and consent of the Senate. Sec. 5. And be it further enacted, That it shall be the duty of the commissary ge- neral of purchases, under the direction and supervision of the Secretary of War, to conduct the procuring and providing of all arms, military stores, clothing, and general- 71 ly all articles of supply requisite for the military service of the United States; and it shall be the duty of the deputy commis- saries, when directed thereto, either by the Secretary of War, the commissary general of purchases, or, in case of necessity, by the commanding general, quartermaster gene- ral, or deputy quartermasters, to purchase all such of the aforesaid articles as may be requisite for the military service of the United States. Sec. 6. Repealed by Act 22d May, 1812. Sec. 7. And be it further enacted, That the salary of the commissary general of purchases shall be three thousand dollars per annum; and the compensation to a de- puty commissary shall not exceed two and one half per centum on the public monies disbursed by him, nor in any instance, the ^ Sum of two thousand dollars per annum. Sec. 8. And be it further enacted, That the commissary general of purchases shall, before he enters upon his duties, give bond with sufficient surety, to be approved of by the Secretary of War, in the sum of fifty thousand dollars; and the deputy commis- saries each in the sum of ten thousand dollars, with condition for the faithful performance of the claries of their office 72 respectively, which bonds shall be lodged with the Comptroller of the Treasury. Sec. 9. And be it further enacted, That from and after the last day of May next, so much of the act, entitled, " An act to establish the office of purveyor of public supplies," as relates to the appointment and services of a purveyor of public sup- plies, be, and the same is hereby repealed; and in the mean time, the purveyor shall deliver over to the commissary general or one of his deputies, the public stores and property of all sorts in his possession, who shall receipt to him for the same. Sec. 10. And be it further enacted, That all letters and packets to and from the quartermaster general and commissary ge- neral, shall be free from postage. Sec. 11. And be it further enacted, That there be allowed for the compensation of the necessary clerks in the quartermaster general's office, a sum not exceeding fifteen hundred dollars a year; and for tiie com- pensation of the clerks of the commissary general, a sum not exceeding seventeen hundred dollars per annum, with such books and stationery as may be necessary to the quartermaster general's and com missary general's department* See. 12. And be it further enacted, That the quartermaster general be authorised to appoint a principal waggon master, and as many waggon masters as he may judge necessary for the service of the army, not exceeding one to each brigade, whose duty shall be, under the direction of the quarter- master general or any of his deputies, to provide and conduct the waggons and other means of transport necessary and proper for the military service of the United States. Sec. 13. And be it further enacted, That no waggon master shall directly or indi- rectly be concerned or interested in any waggon or means of transport employed in the service of the United States; nor in the purchase or sale of any horses, harness, waggons, or other means of transport, pro- cured for, or belonging to the United States, except as agent for the United States. Sec. 14. Andbcit further enacted, That the principal waggon master shall be en- titled to receive forty dollars per month, three rations per day, and forage for one horse; and each waggon master shall be entitled to receive thirty dollars per month, 74 two rations per day, and forage for one horse. Sec. 15. And be it further enacted, 1 fiat the quartermaster general be authorised to appoint one principal forage master, and as many assistant forage masters as the nature of the service may require, not exceeding one to each brigade, whose duty shall be, under the direction of the quarter- master general or any of his deputies, to provide and deliver out forage necessary and proper for the military service of the United States; nor shall any forage master be directly or indirectly concerned in the purchase or sale of any article of forage procured for or belonging to the United States, except as an agent for the United States. Sec. lb\ And be it further enacted, That the principal forage master shall be entitled to and receive forty dollars per month, three rations per day, and forage for two horses; and that the other forage masters shall be entitled to and receive thirty dollars per month, two rations per day, and forage for one horse. Sec. 17. And be it further enacted,That there shall be four conductors of artillery, who shall be appointed by the President 75 alone, each of whom shall be entitled to the pay and emoluments of a lieutenant of artillery. Sec. 18. And be it further enacted, That this act shall go into operation on the first day of April next; and that so much of the act fixing the military peace establishment of the United States, as respects the ap- pointment of military agents and assistant military agents, be, and the same is hereby repealed, from and after that day; but all those agents shall continue to perform their respective duties in the mean time, and until the deputy and assistant deputy quar- termasters shall be appointed and ready to enter on the execution of their respective offices; to whom the said military agent6 and assistant military agents shall then de- liver all the public stores and property in their possession. Sec. 19. And be it further enacted, That all persons attached to the public service by virtue of this act, shall be subject to military law, except the deputy commissa* ries. Sec. 20. And be it further enacted, That the President may, and he hereby is au- thorised, in the recess of the Senate, to appoint the quartermaster general,, deputy 76 quartermasters, commissary general and deputy commissaries, or any of them; which appointments shall be submitted to the Senate at their next session, for their advice and consent. March 28, 1812. AN ACT for the organization of a Corps of Artificers. BE it enacted by the Senate, and House of Representatives of the United States of America in Congress assembled, That there shall be attached to the quartermas- ter general's department, and subject to the orders of the officers thcreo'., a corps of ar- tificers, to consist of one superintendent, to be appointed by the President of the Un:t'd States, four a^istants, two master masons, two master carpenters, two master black- smiths, two master boat builders, two mas- ter armorers, two master saddle and har- ness makers, twenty house carpenters, five ship carpenters, twenty blacksmiths, six- teen boat builders, sixteen armorers, twelve saddle and harness makers, and twenty- four laborers, to be selected from the i i privates of the army, when authorised thereto by the commanding general, or engaged from among the citizens by the superintendent. Sec. 2. And be it further enacted, That Ihe pay of the superintendent of artificers shall be forty-five dollars per month, three rations per day, and forage for one horse; that the pay of the four assistants be each thirty dollars per month, and two rations per day; that the pay of the twelve master workmen be each thirty dollars per month, and one ration and one half of a ration per day; that the pay of the other workmen be each sixteen dollars per month, and one ration and one half of a ration per day. Sec. 3. And be it further enacted, That it shall be the duty of the superintendent of artificers to render a correct report, once each month, of the corps, to the quarter- master general, and on oath to make out the pay roll thereof; which pay roll shall be examined by the quartermaster general, or, in his absence, by one of the deputy quar- termasters, and by him be countersigned, and faithfully and w ithout delay to execute all such orders as he may receive from the Secretary at War, any officer of the quar- termaster's department, or from the officer Of 2 78 commanding in the field or garrisen to which his corps or any part thereof may be attached. Sec. 4. And be it further enacted, That this corps shall be engaged for and during the term of three years, unless sooner dis- charged by the President of the United States. Sec. 5. Executed. April 23, 1812. AN ACT making further provision for the corgs of Engineers. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That there be added to the corps of engineers, two captains, two first lieutenants, two se- cond lieutenants, with the usual pay and emoluments, according to their grades re- spectively, and one paymaster, to be taken from the subalterns of engineers, with the pay and emoluments of a regimental pay- master; and that there be attached to the said corps, either from the troops now in service, or by new enlistments, as the 79 President of the United States may direct, four Serjeants, four corporals, one teacher of music, four musicians, nineteen artificers, and sixty-two men, which non-commis- sioned officers, musicians, artificers, and men, together with the artificers and men already belonging to the corps of engineers, shall be formed into a company, to be styled a company of bombardiers, sappers, and miners, and be officered from the corps of engineers, according as the com- manding officer of that corps may, with the approbation of the President of the. United States, direct; and the said non- commissioned officers, musicians, artificers, and men, shall be allowed the same pay and emoluments as are allowed to the non- commissioned officers, musicians, artificers, and men in the regiment of artillerists. Sec. 2. And be it further enacted, That the military academy shall consist of the corps of engineers, and the following pro- fessors, in addition to the teachers of the French language and drawing already pro- vided, viz. one professor of natural and ex- perimental philosophy, with the pay and emoluments of a lieutenant colonel if not an officer of the corps, and if taken from the corps, then so much in addition to hrs 8Q pay and emoluments as shall equal those of a lieutenant culonel; one professor of mathematics, with the pay and emoluments of a major if not an officer ot the corps, and if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a major; one professor of the art of engineering in all its branches, with the pay and emoluments of a major, if not an officer of the corps, and if taken from the corps, then so much in addition to his pay and emoluments, as shall be equal to those of a major; each of the foregoing professors to have an assistant professor, which assistant professor shall be taken from the most prominent characters of the officers or cadets, and receive the pay and cmo'uments of captains, and no other pay or pmoluments while performing these duties- Provided, That nothing herein con- tained shall entitle the academical staff, as such, to any command in the army sepa- rate from the academy. Sec. 3. And be it further enacted, That the cadets heretofore appointed in the ser- vce of the United States, whether of artil- lery, cavalry, riflemen, or infantry, or that may in future be appointed as hereinafter provided, shall at no time exceed two 81 hundred and filly; that they may be attach- ed, at the discretion of the President of the United States, as students to the military academy, and be subject to the established regulations thereof; that they shall be ar- ranged into companies of non-commission- ed officers and privates, according to the directions of the commandant of engineers, and be officered from the said corps, for the purposes of military instruction; that there shall be added to each compain of cadets four musicians; and the said corps shall be trained and taught all the duties of a private, non-commissioned officer, and officer; be encamped at least three months of each year, and taught all the duties inci- dent to a regular camp: that the candidates for cadets be not under the age of fourteen, nor above the age of twenty-one years; that each cadet, previously to his appoint- ment by the President of the United States, shall be well versed in reading, writing, and arithmetic, and that he shall sign arti- cles, with the consent of his parent or guardian, by which he shall engage to serve five years, unless sooner discharged; and all such cadets shall be entitled to and receive the pay and emoluments now 82 allowed by law to cadets in the corps of engineers Sec. 4. And be it further enacted, That when any cadet shall receive a regular de- gree from the academical staff, after going through all the classes, he shall be consi- dered as among the candidates for a com- mission in any corps, according to the du- ties he may be adjudged competent to per- form; and in case there shall not at the time be a vacancy in such corps, he may be attached to it at the discretion of the Presi- dent of the United States, by brevet of the lowest grade, as a supernumerary officer, with the usual pay and emoluments of such grade, until a vacancy shall happen: Pro- vided, That there shall not be more than one supernumerary officer to any one com- pany at the same time. Sec. 5. And be it further enacted, That the sum of twenty-five thousand dollars be, and the same is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for erecting build- ings, and for providing an apparatus, a li- brary and all necessary implements, and for such contingent expenses as may be necessary and proper, in the judgment of 83 the President of the United States, for such an institution. Sec. 6. And be it further enacted, That so much of the twenty-sixth section of the act, entitled, " An act fixing the military Seace establishment," passed the sixteenth larch, one thousand eight hundred and two, as confines the selection of the com- mander of the corps of engineers to the said corps,be, and the same is hereby re- pealed. April 29, 1812. AN ACT to provide for designating, sun-eying, and granting the military bounty lands. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorised to cause to be sur- veyed a quantity of the public lands of the United States, fit for cultivation, not other- wise appropriated, and to which the In- dian title is extinguished, not exceeding in the whole six millions of acres, two mil- lions to be surveyed in the territory of S4 Michigan, two millions in the Illinois ter- ritory north of the Illinois river, and two millions in the territory of Louisiana, be twecn the river St. Francis and the river Arkansas; the said lands to be divided into towushi,,s, and subdivided into sections and quarter sections, (each quarter section to contain, as near as possible, one hundred and sixty acres,) in the manner prescribed by law for surveying and subdividing the other public finds of the United States; the same price to be allowed for surveying as is fixed for surveying the other public lands in the same territory. And the lands thus surveyed with the exception of the salt springs and lead mines therein, and o* the quantities of land adjacent thereto, as may be reserved for the use of the same, by the President of the United States, and the section number sixteen in every town- ship to be granted to the inhabitants of such township, for the use of public schools, shall be set apart and reserved for the purpose of satisfying the bounties of one hundred and sixty acres, promised to the non commissioned officers and soldiers of the United States, their heirs and legal representatives, by the act entitled " An act for completing the existing military 85 establishment,4' approved the twenty-fourth day of December, one thousand eight hun- dred and eleven, and by the act, entitled " An act to raise an additional military force," approved the eleventh day of January, one thousand eight hundred and twelve. Sec. 2. And be it further enacted, That the Secretary for the Department of War, for the time being, shall, from time to time issue warrants for the military land boun- ties, to persons entitled thereto by the two last mentioned acts, or either of them: Pro- vided always, That such warrants shall be issued only in the names of the persons thus entitled, and be by them or their repre- sentatives, applied for within five years after the said persons shall have become entitled thereto; and the said warrants shall not be assignable or transferrable in any manner whatever. Sec. 3. And be it further enacted, That every person in whose favor such warrants shall have been issued, shall, on delivery of the same at the office of the Secretary of the Treasury, or of such other officer as may at the time have, by law, the superin- tendence of the general land office of the United States at the scat of government, n 86 be entitled to draw by lot in such manner as the officer at the head of the land office, under the direction of the President of the United States, may prescribe, one of the quarter sections surveyed by virtue of the first section of this act, in either of the said territories which the said person in whose favor such warrant has issued may desig- nate. And a patent shall thereupon be granted to such person, for such quarter section, w ithout requiring any fee therefor. Sec. 4. And be it further enacted, That no claim for the military land bounties aforesaid, shall be assignable or transferra- ble in any manner whatever, until after a patent shall have been granted in the man- ner aforesaid. All sales, mortgages, con- tracts, or agreements, of any nature what- ever, made prior thereto, for the purpose, or with the intent of alienating, pledging, or mortgaging any such claim, are hereby declared and shall be held null and void; nor shall any tract of land, granted as aforesaid, be liable to be taken in execution or sold on account of any such sale, mort- gage, contract, or agreement, or on account of any debt contracted prior to the date of the patent, either by the person originally entitled to the land, or by nis heirs or legal 87 representatives, or by virtue of any process or suit at law, or judgment of court against a person entitled to receive his patent as aforesaid. May 6, 1812. AN ACT for the better regulation of the Ordnance. BE it enacted by the Senate and House of Representatives of the United Slates of America in Congress assembled, That there be, and hereby is established an Ordnance Department, to consist of a com- missary general of ordnance, an assistant commissary general,........* deputy commis- saries and as many assistant deputy com- missaries as the President of the United States may think necessary, not exceeding eight. Sec. 2. And be it further enacted, That the commissary general be authorised, from time to time/to employ as many wheel- wrights, carriage makers, blacksmiths and laborers, as the public service may, in his judgment, require. * Nine. 88 Sec. 3. And be it further enacted, That the commissary general of ordnance shall be entitled to the rank, pay, and emolu- ments of a colonel of infantry, and be fur- ther allowed at the rate of five hundred dollars per year, and four rations per day for clerks in his department; the assistant commissary general of ordnance shall be entitled to the rank, pay, and emoluments of major of infantry, with three additional rations per day; the deputy commissaries of ordnance shall be entitled to the rank, pay, and emoluments of a captain of infan- try, with two additional rations per day, and forage for one horse; the assistant de- puties shall have the rank, pay, and emo- luments........* Sec. 4. And be it further enacted, That a master wheelwright and carriage maker/ and a master blacksmith, be allowed thir- ty dollars, each, per month, and one ration and one half a ration per day; that any other wheelwrights, carriage makers, and blacksmiths, be allowed each sixteen dol- lars per month, and one ration and one half of a ration per day; that the laborers each be allowed nine dollars per month * Of a first lieutenant ojf infantry. 89 and one ration per day. Vide Act 30th March 1814. Sec. 5. And be it further enacted, That it shall be the duty of the commissary ge- neral of ordnance to direct the inspection and proving of all pieces of ordnance, can- non balls, shells, and shot, procured for the use of the army of the United States; and to direct the construction of all carriages, and every apparatus for ordnance, for gar- rison and field service, and all ammunition waggons, pontoons, and travelling forges; also, the direction of the laboratories, the inspection and proving the public powder, and the preparing all kinds of ammunition for garrison and field service; and shall, half yearly, examine all ordnance, carria- ges, ammunition, and apparatus, in the respective fortresses, magazines, and arse- nals, and cause the same to be preserved and kept in good order. Sec. 6. And be it further enacted,. That the commissary general of ordnance shall execute all orders issued by the Secretary for the Department of War, [in conveying all ordnance, ammunition, and apparatus, to the respective armies, garrisons, maga- zines, and arsenals;] and in time of war he shaU execute all orders of any general officer II 2 90 commanding in any army or garrison, for the supply of ordnance, ammunition, carriages, pontoons, forges, furnaces, or ap- paratus for garrison, field or siege service, and [forward the same without delay, and in good condition.] Sec. 7. And be it further enacted,That the commissary general of ordnance shall half yearly transmit to the Department of War a correct return of all ordnance, am- munition, military stores, and effects, in the respective garrisons, arsenals, maga- zines, posts, and camps, with a statement of their order, quality, and condition; and also what may be necessary to keep up an ample supply of each and every article in the ordnance department, and shall, in all things, faithfully and without delay execute the orders of the Secretary for the Depart- ment of War touching the same. Sec. 8. And be it further enacted, That the......keepers of magazines and arsenals, shall half yearly, make correct returns to the commissary general of ordnance of all military stores that they respectively have in charge; and that the assistant commis- sary general of ordnance, the deputy com- missaries and assistant deputies shall faith- fully and without delay, execute all orders 91 that shall be issued by the Secretary for the Department of War, the commanding general, in time of war, of any corps, camp, or garrison, or of the commissary general of ordnance, in their respective depart- ments, by virtue of this act. Sec. 9. And be it further enacted, That the commissary general of ordnance shall make a correct report of the artificers and laborers from time to time employed by him, and transmit the same to the adjutant general. Sec. 10. Executed. May H, 1812. AN ACT making further provision for the Army of the United States. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he hereby is authorised and empowered to appoint so many district paymasters as, in his judgment, the service may require; and if such paymasters are taken from the line of the army, they shall, respectively, receive 92 thirty dollars per month, in addition to their pay in the line: Provided, The same shall, in no case, exceed the pay and emo- luments of a major; and if not taken from the line, they shall receive the same pay and emoluments as a major of infantry. Sec. 2. And be it further enacted, That the President of the United States be, and he hereby is authorised and empowered to appoint a paymaster to each regiment on the peace establishment, who shall receive the same pay and emoluments as a captain of the regiment to which he belongs: Pro* videtl, That all district and regimental pay, masters shall be subject to the rules and articles of wrar, and give such bonds to the United States as the Secretary for the De partment of War may direct, for the faith- ful performance of their duties. And it shall be the duty of the commanding offi- cer, when requested by the paymaster, to furnish a capable non-commissioned officer or soldier to aid him in the discharge of his duty, who, while so employed, shall re- ceive double pav. Vide Act 18ih April 1814. Sec. 3. Repealed. Sec. 4. And be it further enacted, That each brigade major, provided by law, shall 93 be a'lowed twenty-four dollars per month in addition to his pay in the line. S-c. 5. And be it further enacted, That the general, commanding the army of the United States, shall be allowed a secreta- ry, to be taken from the line of the army, who shall receive twenty-four dollars per month, in addition to his pay in the line, and shall be allowed forage for two horses. Sec. 6. And be it further enacted, That in addition to the non-commissioned of- ficers and privates allowed to the regiment of light artillery, each company shall be entitled to twelve drivers of artillery, who shall be enlisted for five years, unless soon- er discharged, and receive the sane pay, rations, and clothing as the privates of the army: Provided, Such drivers of artillery shall, at all times, be liable to do duty in the ranks when the company shall not be mounted. Sec. 7. And be it further enacted, That so much of the " Act for establishing rules and articles for the government of the ar- mies of the United States," as authorises the infliction of corporeal punishment, by stripes or lashes, be, and the same hereby is repealed. \Tv !6, 12:2. lJ4 AN ACT to amend an act, entitled, " An act to es- tablish a Quartermaster's Dcpaitincnt, and for other purposes." BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That neither the quartermaster general, the com- missary general, nor any or either of their deputies or assistant deputies, shall be con- cerned, directly or indirectly, in the pur- chase or sale, for commercial purposes, of any article intended for making a part of, or appertaining to, their respective depart- ments, except for, and on account of, the United States; nor shall they, or either of them, take or apply to his or their own use, any gain or emolument for negotiating or transacting any business in their respective departments, other than what is, or may be allowed by law. Sec. 2. And be it further enacted, That the quartermaster general be, and he is hereby empowered to appoint one princi- pal barrack master, and as many deputy barrack masters as may, from time to time, be necessary, not exceeding one to each separate barrack or cantonment; which said principal barrack master shall be en- titled to receive the same pay, rations, and 95 emoluments, as the principal forage mas* ter; and each of his deputies, the same pay< rations, and emoluments, as is by law al- lowed to a deputy forage master. Sec. 3. And belt further enacted, That in addition to the allowance made to the quartermaster general and commissary ge- neral, respectively, in and by the act here- by amended, it shall and may be lawful for the Secretary for the Department of War, for the time being, to allow to them, respectively, such sums as, in his opinion, shall have been actually and necessarily expended in their several departments for office rent, fuel, candles, and ejttra clerk hire. Sec. 4. And be it further enacted, That the quartermaster general, the deputy quar- termasters, and the assistant deputy quar- termasters, shall, before they, or either of them, enter upon the duties of their appoint- ment, respectively enter into bond, with sufficient security, to be approved of by the Secretary of War, conditioned for the faith- ful expenditure of all public monies, and accounting for all public property, which may come to their hands respectively; and the quartermaster general shall not be lia- ble for any money or property that may 06 come into the hands of the subordinate of- ficers of his department, Sec. 5. And be it further enacted. That the sixth section of the act, hereby amend- ed, be, and the same is hereby repealed. May 22, 1812. AN ACT entitled an act for the more perfect orga- nization of the Army of the United States. BE it enacted by the Senate and House of Representatives of the Untied States of America imCongress assembled, That the infantry of the army of the United States shall consist of........* regiments; and that a regiment shall consist of one colonel, one lieutenant colonel, [two majors,] one adjutant, one paymaster, one quartermas- ter, one surgeon, two surgeon's mates, one serjeant major, one quarte. master's serjeant, two principal musicians, and ten companies. Sec. 2. And be it further enacted, That each company shall consist of one captain, * Vide Act 5th July 1813, Sfctli .Jar uary 1811, 3C*.h March 1814. 97 one first lieutenant, one second lieutenant,* one ensign,........f Serjeants, six corporals, two musicians, and ninety privates. Sec. 3. And be it further enacted, That to the regiment of cavalry authorised by the act passed January eleventh, one thou- sand eight hundred and twelve, entitled " An act to raise an additional military force," there shall be added one riding master; and to the regiment of light dra- goons, authorised by the act passed April twelfth, one thousand eight hundred and eight, entitled " An act to raise for a limit- ed time an additional military force," one surgeon's mate. Sec. 4. And be it further enacted, That each troop of cavalry or light dragoons shall consist of one captain, one first lieu- tenant, one second lieutenant,! one cornet, .......§ Serjeants, six corporals, two musi- cians, one master of the sword, one sad- dler, one farrier, one blacksmith, and sixty- four privates; and that the pay and emolu- ments of a master of the sword shall be the same as those of a riding master; and the * One thud lieutenant. f Five. j One thirl lieutenant. i Five. I 98 pay and emoluments of a blacksmith shall be the same as those of a farrier. Sec. 5. Vide Act 30th March 1811. June 26, 1812. AN ACT making further provision for the Army of the United States, and for other purposes. BE it enacted by the Senate and House. of Representatives of the Uiited States of America in Congress assembled, That the President of the United States be, and he is hereby authorised, by aad with the advice and consent of the Senate, to ap- point two brigadier generals, io addition to those already authorised by lav.-, who shal' each be entitled to the same nuraber of aids and brigade majors, as are allowed to a brigadier general under the act of Congress passed the eleventh of January, one thou-- sand eight hundred and twelve. And the said brigadier generals, aid-', and brigade majors, shall be entitled to receive the same pay and emoluments as are by law allowed to officers of the same grade. Sec. 2. And be it further enacted, That? to any army of the United Slates, other 99 than that in which the........paymaster of the army shall serve, it shall be lawful for the President to appoint........one deputy pay- master general, who shall be taken from the fine of the army, and who shall........in addition to his pay and other emoluments, be entitled to fifty dollars per month, which' shall be in full compensation for his extra services. And that there shall be to each of the foregoing deputies such number of assistant deputies, (uot exceeding three to each department) as the public service may require, who shall in like manner be taken from the line, and who shall each be enti- tled to thirty dollars per month, in addition to his pay and other emoluments, which shall be in full compensation for his extra services: And provided also, Thai the Pre- sident of the United States be, and he is hereby authorised to appoint any of the of- ficers named in this act, during the recess of the Senate, to be submitted to the Senate at their next meeting for their advice and consent. Sec. 3. Annulled. Sec. 4. And be it further enacted, That the President is hereby authorised to con fer brevet rank on such officers of the army, as shall distinguish themselves by 100 gallant actions or meritorious conduct, or who shall have served ten years in any one grade: Provided, That nothing herein con- tained, shall be so construed as to entitle officers so brevetted, to any additional pay or emoluments, except when commanding separate posts, districts, or detachment.-, when they shall be entitled to, and receive the same pay and emoluments to which officers of the same grades are now, or hereafter may be allowed by law. Sec. 5. Vide Act 30th March 1814. July 6, 1812. AN ACT increasing the pay of the non commission- ed officers, musicians, privates, and others of the Army, and for other purposes. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.. That from and after the thirty-first day of De- cember, eighteen hundred and twelvs, the monthly pay of the non-commissioned offi- cers, musicians, privates, drivers, bombar- diers, matrosses, sappers, miners, artificers, saddlers, farriers, and blacksmiths, who 101 have enlisted, or shall hereafter enlist in the service of the United States, shall, during the continuance of the war between the United States of America and their terri- tories, and the United Kingdom of Great Britain and Ireland and the dependencies thereof, be as follows, to wit: to each ser- jeant major and quartermaster serjeant, twelve dollars; to each serjeant and princi- pal musician, eleven dollars; to each corpo- ral, ten dollars; to each musician, nine dol lars; to each private, driver, bombardier, matross, sapper, and miner, eight dollars; to each artificer, saddler, farrier, and black- smith, not attached to the quartermaster general's and ordnance department, thir- teen dollars. Sec. 2. And be it further enacted, That during the continuance of the war with Great Britain, no non commissioned offi- cer, musician, private, driver, bombardier, matross,* sapper, miner, artificer, saddler, farrier, or blacksmith, enlisted in the ser- vice of the United States, during his con- tinuance in service, shall be arrested or subject to arrest, or to be taken in execution for any debt contracted before or after en- listment i 2 102 Sec. 3. And be it further enacted, That every non-commissioned officer, musician, and private, who shall, after the promulga- tion of this act be recruited in the regular army of the United States, may, at his op- tion, to be made at the time of enlistment, engage to serve during the present war with Great Britain, instead of the term of five years, and shall, in case he makes such option, be entitled to the same bounty in money and land, and to all other allow- ances, and be subject to the same rules and regulations, as if he had enlisted for the term of five years. December 12, 1812. AN ACT supplementary to the act, entitled «' An act for the more perfect organization of the Army of the United States." BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorised, by and with the ad- vice and consent of the Senate, to appoint one additional major........to the regiment 103 of light artillery, each regiment of infantry, md the rifle regiment, in the army of the United States, who shall receive the like pay, rations, forage, and other emoluments, as officers of the same grade and corps of the present military establishment. Sec. 2. And be it further enacted, That there be appointed in manner aforesaid, one third lieutenant, to each troop or com- pany, in the army of the United States, who, if of cavalry or light dragoons, shall receive the monthly pay of tlurty dollars, and of other corps, twenty-three dollars, and be allowed the same forage, rations, anc other emoluments as second lieutenants of the same corps to which they belong. Sec. 3. And be it further enacted, That there be allowed to each troop or company, in the army of the United States, one ad- ditional serjeant, who shall receive the like pay, clothing, rations and other emolu- ments, as Serjeants of the present military establishment, See. 4. Vide Act 27th January, 1814....... and a bounty of one hundred and sixty acres of land, as heretofore established by law\ Sec. 5. And be it further enacted, That the commissioned officers who shall be employed in the recruiting service, shall be 104 entitled to receive for every effective able bodied man, who shall be duly enlisted, after the first day of February next, by them, for the term of five years or during the war, and mustered, and between the ages of eighteen and forty-five years, the sum of four dollars: Provided nevertheless, That this regulation, so far as respects the age of the recruit, shall not extend to mu- sicians, or to those soldiers who may re- enlist into the service: And provided also, That no person under the age of twenty- one years shall be enlisted by any officer, or held in the service of the United States, without the consent, in writing, of his pa- rent, guardian, or master, first had and ob- tained, if any he have; and if any oflicer shall enlist any person contrary to the true intent and meaning of this act, for every such offence, he shall forfeit and pay the amount of the bounty and clothing which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer. Sec. 6. And be it further enacted, That it shall be lawful for any person, during the time he may be performing a tour of mffitia 'duty, to enlist in the regular army of the United States; and the recruiting' 105 officers are hereby authorised to enlist any such person in the same manner, and un- der the same regulations, as if he were not performing such militia duty; and every person who shall enlist while performing a tour of militia duty as aforesaid, shall be thereby exonerated from serving the re- mainder of said tour; and the state to which he may belong shall not be required to fur- nish any other person to serve in his stead. January 20,1813. AN ACT in addition to the act, entitled " An act to raise an additional military force, and for other purposes." BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the present military establish- ment of the United States, there be raised such number of regiments of infantry, not exceeding........* as in the opinion of the President may be necessary for the public service....... * Nineteen. (Vide Act 25th February, 1813, and 28th January, 18H.) 10G Sec. 2. And be it further enacted, That each of the said regiments shall consist of one colonel, one lieutenant colonel, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeons mates, one serjeant major, one quartermas- ter serjeant, two principal musicians, and ten companies. Sec. 3. And be it further enacted, 1 hat each company shalfconsist of one captain, one first lieutenant, one second lieutenant. one third lieutenant, one ensign, fiw Ser- jeants, six corporals, two musicians, and ninety privates. Sec. 4. And be it further enacted, lhat it shall be lawfid for the President of the United States in the recess of the Senate to appoint such of the officers authorised by this act, as may not be appointed during the present session; which appointments shall be submitted to the Senate at their next session for their advice and consent. Sec. 5. And be it further enacted, That all the officers, non-commissioned officers, musicians, and privates authorised by this act. shall receive the like pay, forage, ra- tions, clothing, and other emoluments......... as the officers of the same grade and corps, uon commissioned officers, musicians, and 107 privates, of the present military establish ment. Sec. 6. lb. sec. 10, of Act of Uth Jan, 1812. Sec. 7. Repealed. Sec. 8. Repealed. Sec. 9. lb. sec. 13 of Act of Uth Jan. 1812. Sec. 10. lb. sec. 14 of Act of Uth Jan. 1812. Sec. 11. lb. sec. 15, del. after children under 16 years of age, of Act of 1 lth Jan. 1812. Sec. 12. lb. sec. 16, do. Sec. 13. lb. sec. 18, do. Sec. 14. lb. sec. 20, do. Sec. 15. lb. sec. 22, do. Sec. 16. lb. sec. 24, do. Sec. 17. 16. sec. 25, do. Sec. 18. ^4rccZ be it further enacted, That the act, entitled " An act authorising the President of the United States to accept and organize certain volunteer military corps," and the act, entitled " An act sup- plementary to the act, entitled c An act au- thorising the President of the United Spates to accept and organize certain volunteer military corps," be, and the same are here- by repealed, from and after the first day of 108 February next: Provided, That nothing herein contained, shall be so construed as to deprive the officers and men who may have entered the service as volunteers, un- der the said acts, of any rights, immunities, or privileges therein secured, or the United States of the services of such volunteers, agreeably to the provisions of the said acts. January 29th, 1813. AN ACT making provision for an additional num- ber of general officeis. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President be, and he is hereby autho- rised by and with the advice and consent of the Senate, to appoint six major generals in addition to those already authorised by law; each of whom shall be allowed two aids de camp, to be taken from the officers of the line; and six brigadier generals, wlio shall be allowed a brigade major and ore aid de camp, each to be taken also from the officers of the line.* * Eight major generals and sixteen brigadier gene- rals allowed by the seyeral act?. 109 Sec. 2. And be it further enacted, That the officers authorised by this act, shall re- ceive the same pay, forage, rations, and other emoluments, as the officers of the same grade of the present military esta. blishment. February 2ith, 1813. AN ACT for the better organization of the general staff of the Army of the United States. BE it enactedby the Senate and House of Representatives of the United States of America in Congress assembled, That the adjutant general's, inspector general's, and quartermaster general's departments, shall consist of the following officers, that is to say: an adjutant and inspector general, with the rank, pay, and emoluments of a brigadier general, and not exceeding eight adjutants general, sixteen assistant adjutants general* eight topographical engineers, eight assistant topographical engineers, eight inspectors general, sixteen assistant inspectors general, eight quartermasters general, eight deputy quartermasters gene- ral, and thirty two assistant deputy quarter* masters general. 110 Sec. 2. And be it further enacted, That the President of the United States be, and is hereby authorised, if he shall deem it ex- pedient, to assign one of the brigadiers general to the principal army of the U nited States, who shall in such case act as adju- tant and inspector general, and as chief of the stall of such army: and the quartermas- ter general attached to the principal army, shall, as heretofore, have the brevet rank and the pay and emoluments of a brigadier general Sec. 3. And be it further enacted, That all the other adjutants general shall have tiie brevet rank and the pay and emolu- ments of a colonel of cavalry; all the other inspectors general and quartermasters ge- neral, shall have the brevet rank and the pay and emoluments of a colonel of infan- try; the assistant adjutants general, assistant inspectors general, deputy quartermasters general, and topographical engineers, shall have the brevet rank and the pay and emo- luments of a major of cavalry; and the as- sistant topographical engineers, and assist- ant deputy quartermasters general, shall have the brevet rank and the pay and emoluments of a captain of infantry. Ill Sec. 1. And be it further enacted, That the assistant adjutants general, the assistant inspectors general, and the assistant topo- graphical engineers, shall be taken from the line. The adjutants general,.inspectors general, quartermasters general, deputy quartermasters general, topographical en- gineers, and assistant deputy quartermas- ters general, may be taken from the line, or not, as the President may deem expe- dient. And officers taken from the line and transferred to the staff, shall receive only the pay and emoluments attached to the rank in the staff; but their transfer shall be without prejudice to their rank and pro- motion in the line, according to their said rank and seniority; which promotion shall take place according to usage in the same manner as if they had not been thus trans- ferred. Sec. 5. And be it further enacted, That it shall be the duty of the Secretary of the War Department, and he is hereby autho- rised to prepare general regulations, better defining and prescribing the respective du- ties and powers of the several officers in the adjutant general, inspector general, quartermaster general, and commissary of ordnance departments, of the topographical 1U engineer.-., of t'ne aids of generab, and generally of the general and regimental staff: which regulations, when approved by the President of the United States, shall be respected and obeyed until altered or re- voked by the same authority. And the said general regulations thus prepared and approved, shall be laid before Congress at their next session. See. 6. And be it further enacted, That the number of assistant deputy commissa- ries of ordnance shall not exceed sixteen, and that they shall respectively he entitled to the brevet rank and to the pay and emo- luments of a first lieutenant of infantry. See. 7. And be it further enacted, That for the better superintendence and ma- nagement of the hospital and medical esta- blishment of the army of the United States, there shall be a physician and surgeon general, with an annual salary of two thou- sand five hundred dollars, and an apothe- cary general, w ith an annual salary of eigh- teen hundred dollars, w hose respective du- ties and powers shall be prescribed by the President of the United States. Sec. 8. And be it further enacted, That the forage, waggon, and barrack masters, shall be appointed as Iicrctoforc: but each 113 quartermaster general, attached to any ses parate army, command, or district, sliall be authorised, with the approbation, and under the direction of the Secretary of the War Department, to appoint as many such of- ficers, and to employ as many artificers, mechanics, and laborers, as the public, ser- vice may require. Sec. 9. And be it further enacted, That the assistant deputy quartermasters general may be appointed, and officers taken from the line and transferred to the staff, may be thus transferred by the President of the United States alone. But all other new appointments, authorised by this act, shall be made by the President of the United States, with the advice and consent of the Senate: Provided, That during the recess of the Senate such appointments may be made by the President alone, in which case, the same shall be laid before the Se- nate at their next session for their advice and consent. Sec. 10. And be it further enacted, That every act, and every part of any act of Cdngress now in force, within the pur- view and meaning of this act, be and the same are hereby repealed. k2 114 Sec. 11. And be it further enacted, That all letters and packets to and from the adjutant and inspector general, adju- tants general, inspectors general, quarter- masters general, commissary general of ordnance, physician and surgeon general, and apothecary general, which relate to their official duties, shall be free from post- age. Sec. 12. And be it further enacted, That the President of the United States be, and he is hereby authorised to appoint any of the officers authorised by an act, entitled " An act .making provision for an additional number of general officers," passed the twenty-fifth day of February, one thousand eight hundred and thirteen, during the recess of the Senate, to be sub- mitted to the Senate at their next session for their advice and consent; and that no officer appointed or who may be appointed by virtue of the aforesaid aet, shall be en- titled to receive any pay or emolument until he shall be called into actual service, nor for any longer time than he shall be continued therein. March 3d, 1813. 115 AN ACT the better to provide for the supplies of the Army of the United States, and for the account- ability of persons entrusted with the same. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third section of the act, entitled " An act to provide for the erecting and repair- ing of arsenals and magazines, and for other purposes," passed on the second day of April, one thousand seven hundred and ninety-four, be and the same is hereby re- pealed, from and after the thirty-first day of March, one thousand eight hundred and thirteen. Sec. 2. And be it further enacted^ That there shall be a superintendent general of military supplies, who shall reside at the seat of government, and receive an annual salary of three thousand dollars; and whose duty it shall be, under the direction of the Secretary for the War Department, to keep proper accounts of all the military stores and supplies of every description, purchased or distributed for the use of the army of the United States, and of the volunteers and militia in their sendee; to prescribe the forms of all the returns and accounts of such stores and supplies purchased^ on lid hand, distributed, used, or sold, to be rcn dered by the commissary of ordnance and officers in his department, by the commis- sary general of purchases and his deputies, by the several officers in the quartermaster general's department, by the regimental quartermasters, by the hospital surgeons and other officers belonging to the hospital and medical department, and by all other officers, agents, or persons who shall have received, distributed, or been entrusted with such stores and supplies as aforesaid; to call to account all such persons; to audit and settle all such accounts, and in case of delinquency, to transmit the account, and to state the value of articles unaccounted for by such delinquency due to the account- ing officers of the Treasury, for final set- tlement and recovery of such value; to transmit all such orders, and generally to perform all such other duties respecting the general superintendence of the pur- chase, transportation, safe keeping, and accountability of military supplies and stores as aforesaid, as may be prescribed by the Secretary for the War Department. Sec. 3. And be it further enacted, That the commissary general of purchases and his deputies, the several officers in the 117 quartermaster general's department, the regimental quartermasters, the commissary of ordnance, his assistant and deputies, the principal hospital surgeons and officers be- longing to the hospital and medical depart- ments, and all other officers, agents, or persons who shall have received, or may be entrusted with any stores or supplies of any description whatever for the use of the army of the United States, and of the vo- lunteers or militia in their service, shall render quarterly accounts of the disposition and state of all such stores and supplies to the superintendent aforesaid, and shall also make such other returns respecting the same, and at such other times as the Se- cretary for the Wrar Department may pre- scribe: Provided however, That the ac- counts and returns thus rendered shall re- late to the articles of supply only, which may have been received and disposed of, as may remain on hand, and shall not em- brace the specie accounts for monies dis- bursed by such officers, agents, or other persons; which specie accounts shall be rendered as heretofore, to the accountant for the War Department. Sec. 4. And be it further enacted, That all the officers, agents^ or other persons 118 who may receive monies in advance from the War Department, shall render quar- terly accounts to the accountant of the said Department, of their specie receipts and disbursements, and shall moreover make such other monthly summary statements thereof to the Secretary for the said Depart- ment, as he may prescribe. And the quar- terly accounts of supplies, or of monies rendered as aforesaid, shall be respectively settled by the superintendent general of military supplies, and by the accountant of the War Department, according to their respective authorities, within three months after the time when such accounts shall have respectively been rendered to them. Sec. 5. And be it further enacted, That the Secretary for the War Department shall be, and he is hereby authorised and directed to define and prescribe the species as well as the amount of supplies to be re- spectively purchased by the commissary general's and quartermaster general's de- partments, and the respective duties and powers of the said departments respecting such purchases; and also to adopt and prescribe general regulations for the trans- portation of the articles of supply from the places of purchase to the several armies, 119 garrisons, posts, and recruiting places, for the safe keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quar- termasters, and to such other officers as may by virtue of such regulations be en- trusted with the same And the Secretary aforesaid is also authorised to fix and make reasonable allowances for the store rent, storage, and salary of store keepers, neces- sary for the safe keeping of all military stores and supplies. Sec. 6. And be it further enacted, That the superintendent general of military sup- plies shall be appointed by the President, with the advice and consent of the Senate; but the President is hereby authorised to make the appointment during the recess of the Senate, which appointment shall be submitted to the Senate at their next meet- ing for their advice and consent. Sec. 7 And be it further enacted, That the superintendent general of military sup- plies shall be authorised to employ a suffi- cient number of clerks: Provided, That their annual compensation shall not exceed in the whole seven thousand dollars........ Sec. 8. And be it further enacted, That the President of the United States be, and 120 he is hereby empowered, as he may dee:. AN ACT to regulate the pay of the »>n-commi»- sioned oflicers, musicians, and privates of the Mi- litia of the United States, when called into actual service, and for other purposes. Sec. 1. Annulled. Sec. 2. And be it further enacted, That in addition to the monthly pay, there shall be allowed to each officer, non-commis- sioned officer, musician, and private of the cavalry, for the use of his horse, arms and accoutrements, and for the risk thereof, ex- cept of horses killed in action, forty cents per day; and to each non-commissioned officer, musician and private, twenty-five cents per day, in lieu of rations and forage, when they shall provide the same. 151 Sec. 3. And be it further enacted, That whenever the militia shall be called into the actual service of the United States, their pay shall be deemed to commence from the day of their appearing at the places of battalion, regimental, or brigade rendezvous; allowing to each non-com- missioned officer, musician, and private soldier, a day's pay and rations for every fifteen miles from his home to such place of rendezvous, and the same allowance for travelling home from the place of dis- charge. Sec. 4. Executed. Sec. 5. Annulled. Sec. 6. Annulled. January 2, 17^5. AN ACT to provide for calling forth the Mihtia to execute the laws of the Union, suppress insurrec- tions, and repel invasions; and to repeal the act now in force for those purposes. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the United States shall be inva- ded or be in imminent danger of invasion 152 from any foreign nation or Indian tribe, it shall be lawful for the President of the United States, to call forth such number of the militia of the state, or states, most convenient to the place of danger, or scene of action, as he may judge necessary to re- pel sucii invasion, and to issue his orders for that purpose, to such officer or oflicers of the militia, as he shall think proper. And in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the executive (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection. See 2. And be it further enacted,That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the or- dinary course of judicial proceedings, or by the powers vested in the marshals by this act, it sha1! be lawful for the President of the United States, to call forth the mili- tia of such state, or of any other state or 153 states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days alter the commencement of the then next session of Congress. Sec. 3. Provided always, and be it fur- ther enacted, That whenever it may be necessary, in the judgment of the Presi- dent, to use the military force hereby di- rected to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, with- in a limited time. Sec. 4. And be it further enacted, That the militia employed in the service of the United States sliall be subject to the same rules and articles of war, as the troops of the United States: And that no officer, non commissioned officer, or private of the militia, shall be compelled to serve more than three months, after his arrival at the place of rendezvous, in any one year, nor more than in due rotation with even other able bodied man of the same rank in the battalion to which he belongs. 154 Sec. 5. And be it further enacted, That every officer, non commissioned officer, or private of the militia, wlio shall fail to obey the orders of the President of the United States, in any of the cases before recited, shall forfeit a sum not exceeding one year's Eay, and not less than one month's pay, to e determined and adjudged by a court martial; and such oflicer, shall, moreover, be liable to be cashiered by sentence of a court martial, and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said court: And such non- commissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month, for every five dollars of such fine. Sec. 6. And be it further enacted, That courts martial for the trial of militia shall be composed of militia officers only. Sec..7. And be it further enacted, That all fines to be assessed as aforesaid, shall be certified by the presiding officer of the court martial before wdiom the same shall be assessed, to the marshal of the district, in which the delinquent shall reside, or to one of his deputies, and also to the supervisor 155 of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose. The said marshal, or his deputy, shall forthwith pro- ceed to levy the said fines with costs, by distress and sale of the goods and chat- tels of the delinquent; which costs and the manner of proceeding, with respect to the sale of the goods distrained, shall be agree- able to the laws of the state, in which the same shall be, in other cases of distress. And where any non-commissioned officer or private shall be adjudged to suffer im- prisonment, there.being no goods or chat- tels to be found, whereof to levy the said fines, the marshal of the district, or his de- puty, may commit such delinquent to gaol, during the term for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprison- ment, at the suit of the United States, may be committed. Sec. 8. Repealed. Sec. 9. And be it further enacted, That the marshals of the several districts, and their deputies, shall have the same powers in executing the laws of the United States as sheriffs and their deputies, in the several 156 states, have by law, in executing the law *■ of die respective states. See. 10. And be it further enacted, That the act. entitled '' An act to provide for calling forth the militia, to execute the laws of the Union, suppress insurrections, and repel invasions," passed the second day of May, one thousand seven hundred and ninety-two, shall be, and the same is here- by repealed. February 28, 1793. AN ACT supplementary to an act, entitled " An act to provide for calling foith the Militia to exe- cute the laws, suppress insuncctions, and repel in- vasions," and to repeal the act now in force for those purposes, and to increase the pay of Volun- tee. and Militia Corps. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in every case in wdiieh a court martial shall have adjudged and determined a fine against any officer, non-commissioned of- ficer, musician, or private of the militia, for any of the causes specified in the act to which this act is a supplement, or in the 157 fourth section of an act, entitled '' An act to authorise a detachment from the militia of the United States;" all such fines so as- seshed, shall be certified to the C( ii| troller of the Treasury of the United States, in the same manner as the act to which this is a supplement directed the same to be certified to the supervisor of the revenue. Sec. 2. And be it further enacted, That the marshals shall pay all fines which have been levied and collected by them or their respective deputies, under the authority of the acts herein referred to, into the Trea- sury of the United States, within two months after they shall have received the same, deducting five per centum for their own trouble; and in case of failure, it shall be the duty of the Comptroller of the Trea- sury to give notice to the district attorney of the United States, who shall proceed against the said marshal in the district court by attachment for the recovery of the same. Sec. 3. And be it further enacted, That the non-commissioned officers, musicians, and privates of volunteer and militia corps, who, subsequent to the thirty-first day of December, eighteen hundred and twelve, shall have been or may hereafter be called o 158 out, while in the service of the United States, shall, during the continuance of the present war between the united kingdom of (heat Britain and Ireland, and the de- pcndeuc'cs thereof, and the United States of America and their territories, be entitled to and receive the same monthly pay, ra- tions, and forage, and be furnished with the same camp equipage as are or may be provided by law for the non-commissioned officers, musicians, and privates of the ar- my of the United States. February 2, 1813. AN ACT to provide for the widows and orphans of militia slain, and for militia disabled in the service of the United States. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any commissioned officer of the militia, or of any volunteer corps, shall, while in the service of the United States, die by reason of any wound received in actual service of the United States, and leave a widow, or if no wridovv, a child or children 159 under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years; but in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay for the remainder of the t me shall go to the child or children of s>eh deceased officer: Provided always, That such half pay shall cease on the death oi such, child or children. Sec. 2. And be it further enacted, That if any officer, non-eommissioned officer, musician, or private of the militia or of any volunteer corps, shall be disabied by known wounds received in the actual service of the United States, while in the line of his duty, he shall, upon substantiating his claim in the manner described by an act, enti- tled '> An act to provide for persons who were disabled >y known wounds received in the revolutioMary war," passed the tenth day of April, one thousand eight hundred and six, be placed on the list of invalids of the United States, at such rate of pension, and under such regulations as arc provided by tiie said act, or as may hereafter be 1G0 provided by law: Provided always. That the compensation to be allowed for such wounds or disabilities, to a non commis- sioned officer, shall not exceed, for the highest rate of disability, half the monthly pay of such officer at the time of his being woumkd or disabled; and that no officer shall receive more than the half pay of a lieutenant colonel; and that the rate of com- pensation to non-commissioned officers, musicians, and privates, shall not exceed five dollars per month: And provided also, That all inferior disabilities shall entitle the persons so disabled, to receive an allow- ance proportionate to the highest disabi- lity. Sec. 3. And be it further enacted, That the provisions of this act shall be construed to have eftect from and after the eighteenth day of June, one thousand eight hundred and twelve. Sec. 4. And be it further enacted, That the sixth section of an act, entitled " An act authorising the President of the United States to accept and organize certain vo- lunteer military corps,1' passed the sixth day of February, one thousand eight hun- dred and twelve, be, and the same is here. by repealed. August 2, 1*1 '>. 161 AN ACT in fuither addition to an act, entitled " An act mo e ei.ectually to provide for the nation- al cit-icice, by establi^hin. an uniform militia throughout the United States."' BE it enacted by the Senate ajid House of Representatives of the United States of America in Congress assembled, That in addition to the officers of the militia pro- vided for by the act entitled " An act more effectually to provide for the national de- fence by establishing an uniform milita throughout the United States," approved May the eighth, one thousand seven hun- dred and ninety-two, and by an act in ad- dition to the said recited act, approved March the second, one thousand eight hun- dred and three, there shall be to each divi- sion, one division inspector, with the rank of lieutenant colonel, and one division quar- ter master, with the rank of major; to each brigade one aid de-camp, with the rank of captain: and the quartermasters of bri- gades heretofore provided for by law shall have the rank of captain. And it shall be incumbent on the said officers to do and perform all the duties which by law and 162 military principles are attached to their of- fices respectively. April IS, 1814, AN ACT in addition to the act, entiUed " An act to provide fo calling forth the militia to execute the laws of t!»e union, suppress insui i ections, and repel inva- ions, and to repeal the act now in force for those purposes." BE it enacted by the Senate and House of Representatives of the United States of America, in Congr'ess assembled, That courts martial, to be composed of militia officers alone, for the trial of militia drafted, det iched, and called forth for the service of the Unite! States, whether acting in conjunction with the regular forces or otherwise, shall, whenever necessary, be appointed, held and conducted in the man- ner nrescribed by the rules and articles of war for appointing, holding, and conduct- ing courts martial for the trial of delin* qu >nts in tV army of the United States. Sec. 2. And be. it further enacted, That in all cases in the militia, where an offence is punis'mble by stoppage of pay or by feaposing a fine, limited by the amount «f 163 pay, the same shall be taken to have rela- tion to the monthly pay existing at the time the offence was committed. Sec. 3. And be it further enacted, That if any delinquent directed to be summoned to appear before a court martial for neglect or refusal to obey the orders of the Presi- dent of the United States in any of the cases recited in the first, second, third and fourth sections of the act, entitled " An act to provide for calling forth the militia to execute the laws of the union, suppress in- surrections, and repel invasions, and to re- peal the act now in force for those purpo- ses," passed February twenty eight, one thousand seven hundred and ninety five, shall be absent when any non-commission- ed officer shall call to summon him, it shall be a sufficient summoning of such delin- quent if the non commissioned officer leave a copy of the summons or a written notice thereof, signed by him, with some person of suitable age and discretion, at the usual place of abode of such delinquent at least ten days previous to the day of appearance. And in ease of the non-appearance of such delinquent, the court martial may proceed with his trial in the same manner as if he 164 had appeared and plead not guilty to the charge exhibited against him. Sec. 4. And be t further enacted, That it shall be the duty of the president of any court martial for the trial of militia, if re- quired, and upon his being duly satisfied that such testimony is material to the trial, to issue his precept directed to any person to be summoned as a witness, command- ing his or her attendance at such court to testify for or against the person to be tried, as the case may be; and any witness hav- ing been duly summoned, and failing to appear, without a reasonable excuse, shall forfeit and pay a sum not exceeding fifty dollars, to be sued for and recovered in the name of the United States, by bill, plaint, or information, in any court of competent jurisdiction. And if any w it- ncss when called upon for that purpose shall refuse to testify, or shall behave with contempt to the court, or if any other per- son shall use any menacing words, signs, or gestures, in presence thereof, or shall cause any riot or disorder therein, it shall be lawful for such court to punish every such offender by imprisonment for a term not exceeding one month at the discretion of the C3u;t. 1G5 See. 5. A^ndbe it further enacted, That for the purpose of carrying into execution the sentence, judgment or cider of any such court martial, lor any of the offences speeiiieJ in the last clause of the preceding section of this act, it shall be lawful for the court to issue an order to any ccmn is;don- ed oflicer of militia not below the raid, of captain, commanding him to cairy the same into effect by military force, whose duty it shall be to obey the same, and exe- cute the order accordingly. Sec. 6. And be it further enacted, That on the trial of delinquents, for offences not capital, by any such court martial, the de- position of witnesses taken before a justice of i e peace or other person authorised to take affidavits to be read in ar y court of record in the state where the same shall be taken, may be read in evidence, pro- vided the prosecutor and person accused are present at taking the same, or are duly notified thereof. And further, that the re- turns of captains or other commanding of- ficers of companies, of delinquents drafted or ordered into the service of the I'nited States, who shall have refused or neglect- ed to enter the same, sworn to as aforesaid. 166 shall be competent evidence of the facts therein contained. see. 7. And be it further enacted, That if a ay per.siin shall wilfully swear false be- fore. Jiivf stuii court martial, or in any affi- davit >v deposition taken as aforesaid, he in- she shall be adjudged to be guilty of wilful and corrupt perjury, and shall be indicted, tried and punished accordingly, by any court of competent jurisdiction in the state where such offence shall be com- mi', ted. Sec. 8. And be it further enacted. That the militia, waen called into the service of the United States by virtue of the before recited act, may, if in the opinion of the President of the United States the public interest require it, be compelled to serve for a term not exceeding six months after th.ur arrival at the place of rendezvous in anv one year. See. 9* And be it further enacted. That regimental chaplains in the militia which have, been or shall be called into the ser- vice of the United States, shall receive the sa o • monthly pay and rations as a captain of iaf.ntry, with the addition of forage for one :i n--;-», and >vb*nev'*r called forth mto the service of the United States, division 167 quartermasters shall be entitled to the pay, emoluments and allowances of a deputy quartermaster general; brigade quarter- masters to the pay, emoluments and allow- ances of an assistant deputy quartern aster general; and regimental quartermasters to the pay and emoluments of a lieutenant of infantry, and sixteen drllars per n t nth in addition thereto, and forage for ore horse; division inspectors shall be entitled to the pay, emoluments and allow arces ot a lieu- tenant colonel of infantry; brigade majors to the pay, emoluments and allowarces of a major of infantry; aids-de carrp to briga- dier generals to the pay, emoluments and allowances of a captain of infantry, v ith an addition of sixteen dollars per month,. and forage for one horse. Sec. 10. And be it further enacted, That the expenses incurred or to be ircurred by marching the militia of any state or terri- tory of the United States to their places of rendezvous, in pursuance of a reru'sition of the President of the United States, or which shall have been or may be incurred in cases of calls made by the authority of any state or territory v. h;cb s'all h.ve been or may be approved by him, si all be adjusted and paid in like manner as the 168 expenses incurred after their arrival at such place of rendezvous on the requisition of tiie President of die United States: 1'rcvi- deci, That nothing herem contained shall be considered as authorising any species of expenditure previous to arriving at the place of rendezvous, which is not provided by exist.ng laws to be. paid tor after their arrival at such place of rendezvous. Sec. 11. And be it further enacted, That in all cases where a brigade ot militia shall be called forth for actual, service, it shall be the duty of the brigade major of such brigade to inspect and muster the same, and sign the muster rolls, conformably to the provisions of the act entitled " An act more effectually to provide for the national defence by establishing an uniform militia throughout the United States." It less than a brigade be called forth, then it shall be the duty of a brigade major of the district wherein such militia may rendezvous, to inspect and muster the same, and sign the muster rolls: two musters to be made in the manner aforesaid, one on the assem- bling and the other on the discharge of such militia. If there should be no brigade "major in the vicinity, the commanding of- ficer raav direct anv officer under the rank 169 of lieutenant colonel, whether of the regular troops or militia, to inspect and muster the militia so called forth. Sec. 12. And be it further enacted, That any commissioned officer, non-commis- sioned officer, musician or private of the militia of the United States, who shall have committed an offence while in the actual service of the United States, may be tried and punished for the same, al- though his term of service may have expi- red, in like manner as if he had been ac- tually in the service of the United States. See. 13. Andbeit further enacted, That this act be continued in force for and dur- ing the present war, and no longer. April 18, 18H, p RULES AND REGULATIONS. War Office, May 2, 18H. RANK OF REGIMENTS. 1st. The Light Artillery. 2d. The Light Dragoons. •3d. The Foot Artillery. , , mi. i c . ") According to the num- V^ ™ * \?£ntry' tbers of the regiments 5th. The Riflemen. C respectively. 6th. The Volunteers in the 1 - According to the num- service of the United States, and 7th The Militia Dr.d..*. bets given to them -spectively by the gene- ral commanding the dis- trict. This regulation is confined to parades. On all other occasions, regiments will be drawn up in the \v ay w Inch shall be di- rected by the general, or other command- ing officer. RANK OF OFFICERS. In all cases in which command shall not have been specially given, the eldest officer, whether of cavalry, of artillery, or of infantrv, wiU command 171 Where a controversy concerning rank shall arise from the sameness of date in commissions, it shall be determined by re- ference to former commissions in the re- gular service; and if none such should have been held, by former commissions in the militia. Brevet rani-: gives no precedence nor command, except on detachments; nor shall persons having such rank only, be included in the roster of officers for any duty other than that performed by detach- ments, and to which they shall be special- ly assigned. Oflicers of the regul?- army of the same grade with those of the volunteers and mi- litia, have precedence of these, whatever may be the dates of their respective com- missions. There is no precedence between staff departments. The officers assigned to these, will take rank, 1st, from the brevets they hold, and 2d, from the rank they re- spectively have in the line. May 30, 1813. Principles governing the decision of rank. 1st. Rank in actual service, when ap- pointed. 172 2d. Former rank and service in the ar- my, or marine corps, of the United States. 3d. Lotten ....an org such as have not before been in the military service of the United States. RULES WITH REGARD TO PROMOTION. 1. Original vacancies will be supplied by seection; accidental vacancies by se- niority, excepting in extraordinary cases. 2. Promotions to the rank of captain, will be made rcgimentally; to that of field appointments, by line; the light artil- lery, dragoons, artillery, infantry and rifle- men, being kept always distinct. 3. No officer shall be entitled to the pay, rations, or emoluments annexed to any office, until he shall have notice of his appointment thereto from the war depart- ment; or from a general officer, with re- spect to appointments in the gift of gene- rals. May 2, 1814. When an officer is officially advised of promotion, he may receive the difference of pay and emoluments from the date of his promotion. 173 COMPLIMENTS TO BE PAID BY THE TROOPS. The highest military honors are payable to the President and Vice President of the United States, whether in uniform or not. To the secretary of war, to major gene- rals commanding districts or corps of the army, and to governors of states, when in uniform, the same honors will be paid; with this exception, that to them the stand- ards of the cavalry will not be dropped in saluting. All other major generals are entitled to three ruffles of the drum, with presented arms, and to the dropping of all colors other than the standards. Brigadier generals commanding dis- tricts or corps of the army, are entitled to the honors payable to major generals not commanding in chief. All other brigadiers are entitled to two ruffles of the drum and presented arms. To colonels, the guards of their own regiments turn out and present their arms, once a day; after which, they only turn out with ordered arms. p2 174 To lieutenant colonels and majors, their own guards turn out with ordered arms, oner a day. When a lieutenant colonel or major shall command a regiment, their own quarter guards pay them the compliments due to a colonel. When a general or other officer, entitled to a salute, shall pass in the rear of a guard, it will not face about, but stand with shouldered arms. When a general or other officer, entitled to a salute, shall pass guards while in the act of relieving, both guards will salute, taking the word of command from the se- nior officer of the two. Military compliments are to be paid to officers of the navy, when in uniform, agreeably to their rank, as follows, viz. Commodores w ith broad pendants, have the same compliments as brigadier gene- rals; and all other post captains, those due to colonels. All guards are to be under arms when an armed party approaches their posts, and to parties commanded by a commis- sioned officer, they will present arms and beat a march, and the officers will salute* 175 The colors of a regiment passing any guard, will be saluted, the drums of the regiment saluting in turn. When two regiments meet on a march, the regiment of inferior rank, will halt, form, and salute the other, which proceeds on its march, with swords drawn, bayo- nets fixed, trumpets sounding, drums beat- ing, and colors flying, until it shall have cleared the front of the latter regiment. All regiments marching with standards or colors, have claim to the compliments of any regiment they may meet on their march not having standards or colors, without regard to the rank of the particu- lar corps. SALUTES. The national salute shall be conforma- ble to the number of states composing the union. A national salute shall be fired on a visit to the post from the President of the United States. Fifteen guns shall be fired on a visit from the vice president, the secretary of war, secretary of the navy, a major gene- ral of the army; and thirteen guns on that 176 of a brigadier general, when commanding a district. No other persons shall be en- titled to salutes, and no salutes will be fired to any person but on his arrival. No salutes shall be fired to foreign ships or vessels of war, but in return, and in every case their salute shall be returned gun "for gun, notice being given. No salutes shall be fired to public arm- ed vessels of the United States, under the rate of a frigate, and to these only in re- turn, gun for gun, notice being given. At 1 o'clock, on the fourth day of July of each year, a national salute w ill be fired from all the military posts and forts in the United States. Salutes shall not be fired from guns of higher caliber than twelve pounders. DUTIES OF ADJUTANTS GENERAL. These will be divided under the follow- ing heads, viz: Distribution of orders: Details of service: Instruction of the troops in the manual exercise, and the evolutions and arrange- ment of them when brought into action; and 177 Direction of the military correspondence. 1. Distribution of Orders. The general orders of the day having been received from the commanding ge- neral, the adjutant general or his assistant will carry them to the office of distribution, where they will be recorded in a book kept for that purpose, whence, at an hour which shall have been previously assigned, they will be transcribed by the aids-de- camp of general officers, by majors of brigade, by the adjutants of all separate corps less than brigades, by a deputy or assistant deputy quartermaster general, by an hospital surgeon, or an hospital sur- geon's mate detailed for that duty by the senior surgeon, and some commissioned officer from each corps of engineers; and when so transcribed, they will be carried without delay to the corps to which these officers respectively belong, and be there promulgated, under the orders of the offi- cers commanding the corps, and become to them a rule of conduct. 2. Details of Service. These shall be made agreeably to pre- scribed rules, and the usage of war. 178 All corps will furnish according to their strength....the longer t oft' duty, the first on duty. When it may be found practicable, the troops are to act by companies, batta- lions or regiments. Return detachments will not be excused from duty more than two days. Seniority of corps, with respect to troops, and priority of rank, with respect to offi- cers, will entitle to precedence for com- mand; subject to deviations under the or- ders of the commanding general. In details the following gradations will govern: 1. Reconnoitring parties and corps of observation. « 2. Foraging before the enemy. 3. Detachments and outposts. 4. Guards of trenches. 5. Van guards in approaching an ene- my. 6. Rear guards in retiring from an ene- my. 7. General courts martial. 8. Guard of the general commanding in chief. 9. Camp or garrison guards. 10. Other guards mounted from the grand parade. 179 11. Guards of general officers and the staff according to rank. 12. Pickets. 13. General fatigues. 14. Police. In the routine of duty the law of detail will always give it to the officer longest off duty, and when two have been credited with the same grade of service, on the same day, reference to the former tour on the roster, will determine the detail. Should a tour of service of higher grade occur to an officer, while on any subordi- nate duty, he shall be relieved, and tfre tour on which he is, be passed to his ere--*, dit. i,h If an officer's tour for general court martial, picket, or fatigue occur, while he is on any other duty from the grancL pa- rade, he" shall not be relieved, but stand for the next tour. 3. Instruction of the troops. This shall be governed by circum- stances, as to time, place, and frequency; of which the commanding general will judge. The mode of infantry discipline, 180 adopted by regulation of the war depart- ment, will be observed. 4. Military Correspondence. Reports of services performed, and de- mands for courts of enquiry, or courts martial, shall be made to the adjutant ge- neral. All returns intended to exhibit the strength of corps, made agreeably to the 19th article of w ar, and accounting for the absent non-commissioned officers, musi- cians, and privates, reports of the hospital and of the quartermaster's departments; and o( ordnance and of ordnance stores attached to the army; shall also be ad- dressed'to the adjutant general; out of which he shall form a general return, to be transmitted monthly, for the informa- tion of the war department; and those transmitted for the months of June and December, shall be accompanied with lists of the officers serving in any gairison or corps of the district or army so return- ed, specifying their names, rank, and places of station. Returns of ordnance and ordnance stores, shall be made agree- ably to forms prescribed bv the commissa- ry general of ordnance. Departures from 181 these forms and inattention to the injuiuv tions above, will be regarded and punish- ed as acts of positive disobedience. July 9, 1813. The returns required of adjutants gene- ral, for the information of the war depart- ment, will exhibit regiments and detach- ments of regiments and corps, separately, and by number if regiments, and by nam<£ if corps. War Office, May 1, 1813. DUTIES OF INSPECTORS GENERAL. These will be divided under the follow- ing heads, viz. Mustering and inspecting troops of the line, and militia detachments serving with them: Selecting places of encampment, and posting guards: Superintending the police of the camp and of the march: Inspecting parades: and Making half yearly confidential reports to the War Department, of the state of the army, division or detachment to which they belong. 182 1. Mustering and inspecting the troops of the line and Militia Detachments. Troops of all descriptions shall be mus- tered once in two months, for payment, nor shall any payment be made but upon muster rolls signed by an inspector gene- ral, or his assistant, or in the absence of these, by some officer of the army of the United States, especially assigned to this duty by the general commanding the dis- trict in which the said troops so mustered shall be found. Three copies of these rolls shall in all cases be made; two of them to be deposited with the paymaster, whose duty it is to pay the troops thus mustered, and the third transmitted to the office of the adjutant and inspector general at Washington Semi-annual musters of the whole army, whether regular or militia, shall be made on or before the 1st day of January and 1st day of July, in each year; and rolls thereof, in alphabetical order, forwarded to the War Department, as promptly thereafter as possible. Inspections of the troops are of two kinds, rtated and occasional. The form- er shall take place monthly, and (as often 183 as may be practicable) on the last day of cacii month; the latter as often as the ge- neral commanding the district, the chief of the ^taJ, or the inspector general, may think proper. The general object ot both, shall be to ascertain the exact state of the arms, equipments, and clothing, and of every other circumstance tending to show the actual condition of the troops so in- spected. Dragoon, artillery, and all other horses belonging to the public, will also be sub- jects of inspection, quarterly; those unfit for service will be branded in the presence of the inspecting officer, with the letter C, and immediately transferred to the quar- termaster general's department, for public sale; nor shall any horse so branded, be thereafter accepted by any inspecting offi- cer. Returns of cast horses will be made , quarterly. A return of every inspection, shall be made and deposited in the office of the in- spector general, for the information of the general commanding the district; and half yearly returns of inspection shall be made to the War Department, 184 t. Superintending the police of the camp and of the march. It will be the duty of this department, to designate all guards for the security and good order of the camp, to take charge of all prisoners made by these or otherwise, to examine and report the several cases to the commanding general, and to take his orders in relation to their future disposal; to inspect the state of tents barracks and hospitals, to punish any want of care or cleanliness therein, to regulate all suttlers and markets, within any camp, canton- ment, or garrison; and to inspect and en- r force the order of march, and to punish all ' * infractions of it. 3. Inspecting Parades. The troops detailed from each regiment * for the service of the day will belbrougbt ^ to the parade ground of the brigade, under the command of the senior officer present, and on duty; these detachments will there be embodied and marched to the ground of division parade, accompanied by the adjutant of the day, under command of the senior officer; the whole will then be 185 marched as aforesaid, to the ground of general parade, accompanied by a major of brigade, detailed for that service by di- vision orders; where they will be received by an inspector or assistant inspector ge- neral, reviewed and detached for the ser- vice of the day. 1. Selecting places for encampment and posting guards. This duty shall be performed under the directions of the commanding general; and the inspector in performing it shall call to his aid an officer from each corps of engi- neers. &. Making half yearly confidential re- ports to the War Department. These reports will relate to the conduct of corps and to that of individuals compo- sing them. They shall be submitted to the general commanding the army, and shall receive from him his remarks in wri- ting, before they are transmitted to the War Department. They shall specify... 1st. The progress made by each corps or regiment, in military discipline hi -V2 186 general, and particularly in a know lege of the evolutions prescribed for the practice of the troops; in habits of obedience and of attention to personal appearance, and to the rules of in- terior economy. 2d. Whether the field and company of- ficers respectively know their duty, and are able and willing to perform it? whether the subalterns are several- ly sober, active, and industrious, care- ful to acquire know lege, and to com- municate it to the non-commissioned officers and privates? whether the ad- jutant, quarter-master, and paymaster, are competent to the duties assigned to them? whether the regimental books are kept with accuracy and re- gularity, and whether the non com- missioned officers perform their duty with promptitude and effect? 3d. Whether the meat and bread fur- nished by contract, are of good quali- ty, and whether these and other arti- cles, composing the ration, are regu- larly issued? 4th. Whether the forage be good, and of sufficient quantity? 187 5th. Whether the hospital supplies and regulations be sufficient, and regularly dispensed in the one case, and ob served in the other? 6th. Whether there has been any ir- regularity in the proceedings of courts martial, or in the execution of senten- ces pronounced by them? and 7th Whether the quantity of ammuni- tion in store is sufficient, and well se- cured, and whether the arms and equipments are in proper order? On each of these heads there will be a special report, and in what may be said on the second, all possible frankness is ex Cected. One motive the more to this, will e found in the solemn declaration of the government, that while it shall be its in- variable practice to distinguish and to re- ward merit of every description and in every grade, all pretensions not having that foundation, however propped and patronised by names, will be utterly dis- regarded. ttUARTER MASTER GENERAL'S DE- PARTMENT. It shall be the duty of this department to provide— 188 1. For the quartering and transporting of troops. 2. J or transporting all military stores, camp equipage, and artillery. 3. For opening and repairing roads, and constructing and repairing bridges, which may be necessary to the movement of the army, or of any detachment thereof. 4. It shall be the further duty of this de- partment to receive from the departments of purchase and of ordnance, all clothing, camp equipage, arms, ammunition, and ordnance; to transport the same to the place of destination, and there to make distr. button thereof, agreeably to the direc- tion given to the articles by the commis- sary general of purchases, and to the or- ders of the general commanding the dis- trict to which they are destined. Quarter masters in the intermediate dis- tricts, between the places of receipt and delivery will be held responsible for the safe transportation of all articles through their respective districts. Articles for conveyance by this depart- ment, shall be transported in bulk as much as possible, und with each quantity of store* ronvw^d, the quarter master at the .post from which it is sent shall furnish a 189 conductor who shall have charge of it, and for whose conduct, in the safe keeping and delivery thereof, the quartermaster shall be responsible. 5. It shall be the duty of the department to provide all forage and fuel for the use of the troops, and have the same transport- ed and issued agreeably to the regulations which follow: 6. To provide good and sufficient store houses, for provisions deposited under con- tract between individuals and the govern- ment, and to appoint store keepers (for the custody of the said provisions, or other articles, the property of the public, which may be placed there) who shall give secu- rity for their safe keeping and delivery, under the orders of the commanding gene- ral of the district, or of the quartermaster general; and to find means of transporting the same, when so required by the engage- ments of the government. 7. To make returns, half yearly, to the secretary of wrar, of all horses and draft oxen, or horses and oxen on hire, in pub- lic service, showing their number, employ- ment, and condition; and a similar return of all other articles, the property of the 190 public, of which the department may be possessed. 8. To make and transmit to the secre- tary of war, monthly summary statements of the accounts of the department, and quarterly accounts thereof, agreeably to the forms which shall be prescribed by the treasury department. 9. All money drawn for the use of the department, within any military district, shall be drawn and accounted for by the senior officer of the department within such district. No purchases, on public account, will be made by the quarter master's depart- ment, but of the following articles: 1st. Of forage. 2d. Of fuel. 3d Straw for soldiers' bedding. 4th. Articles of stationery for regimen- tal and garrison service. 5th. Dragoon and artillery horses; and horses, oxen, waggons, and carts for the transportation of baggage; boats for the same; and, 6th. Boards, planks nails, and other materials, for constructing and repairing barracks, hospitals, and bridges. In all eases in which gun carriages and 191 artillery waggons may want repair in the field, the senior officer of artillery is to see the necessary repairs done, and for the ex- pense of these, will make his draft on the quartermaster general's department. When any building occupied by troops as a barrack shall have been left by them in a filthy state, or shall have suffered in- jury by them, the quartermaster of the post or of the party succeeding to them, shall, in the one case, have the quarters cleansed, and in the other repaired; and the expense of so doing shall be deducted from the pay of the officers commanding the party which immediately preceded in the occupation of the buildings so cleansed and repaired. Regidations which shall govern the al- lowance of quarters, of forage, of fuel, of straw for bedding, of station- ery, and of the transportation of the bdggage of officers, ivhen ordered on distant commands. 1. Of Quarters. To the senior officer at a post, if under the rank of field officer, one room and a kitchen. 192 For all other commissioned officers.. one room to every two officers; and to each mess of six or more officers, one kitchen. The eldest officer to have the choice of quarters. 2. Of Fuel The allowance of fuel, from the last day of April, to the first day of November of each year, shall be at the rate of one cord of wood per month for each kitchen (or room occupied for cooking.) At all posts, garrisons or cantonments within the states of New Hampshire, Massachusetts Rhode Island, Vermont, Connecticut, New York, New Jersey, Pennsylvania, Delaware Maryland and Ohio, one cord and half of a cord of wood per month from the first day of October, to the first day of May of each year, for each room and kitchen occupied agreeably to the preceding regulations; and at all other posts, garrisons, or cantonments, du- ring the same period, one cord of wood per month for each kitchen or other room occupied as aforesaid. 193 Each commanding or senior officer at any separate post, whatever may be his rank, will be entitled to fuel for one kit- chen. The allowance of wood for the quarters of the sick will be regulated by the com- manding ofii cr and surgeon. No compensation in money to be made in lieu of allowances of fuel or of quarters; and no fuel to be drawn but within the month for which it is due. No fuel furnished for the use of a garri- son, post, camp, or cantonment, shall be removed therefrom, but by the quarter- master attached thereto; and any overplus of fuel beyond what has been used, or may be necessary for use, at such post, shall revert to the United States. Coal may be issued, in proportion to the cost of wood, in lieu thereof. & 194 Table of quarters and fuel allowed to officers and non commissioned officers and pri-atet of the army, when in garitson or in cantonment, ugieeubly lo regulation >. Quarters. Monthly allowance of wood to officers. From April 30 to Nov. 1 To a major general, three rooms and a kitchen To a brigadier general, the adjutant and inspector general, quartermaster general, commissary ge- neral of ordnance, and physician and surgeon general, each two rooms and a kitchen - - - To each adjutant general, inspector geneial, quar- tet master general, and field officer of a regi- ■ ment, to the assistant commissary general of ordnance, and to each deputy qua! te master ge- neral, one room and ,« kitchen...... To each assistant adjutant general, assistant inspec tor geneial, topog aphi- cal engineer, major pf Cords From Nov. 1 to April 30. Cords. 4 1-i 195 brigade or brigade in- spector, deputy paymas- ter gene-al, captain of the line, judge advocate, hospital surgeon, regi- mental surgeon, chap- lain, assistant deputy quartei master general, two hospital, and two re.'.imenUl surgeons' mates, one room - - - To the senior officer at a post, ii under the rank of field officer, one room and a kitchen - - - - For all other commission- ed office.?, one 'oom to every two officers - - To each mess of six or more officers, one kitch- en ------ At pots at which there is a number of oflicers less than six, fuel for a kitchen shall be allowed. To each uon-commissioned ofl'fce , musician, or pri- vate, 1-12 of a cord. 1-6 1-G 1-2 3. Of Forage. To all horses in actual service, there shall be allowed 14 pounds of hay and 12 quarts of oats, or in lieu of oats eight quarts of corn, per diem. 196 Officers will be allowed to draw forage in kind, when on actual service in the field, where their duties require them to be mounted, for the number of horses they actually keep in service, not exceeding the following rates: Major generals, seven. Brigadier genera's, five. Colonels of artillery and infantry, four. Lieutenant colonels and majors three; and All other officers entitled by law to re- ceive money in lieu of forage, when the same shall be drawn in kind, two each. 4. Of Straw. One truss of straw, weighing 36 pounds, is allowed for every two men. At the expiration of 16 days, each truss is to be refreshed with 8 pounds. At the expiration of 32 days the whole straw is to be removed, and a fresh bedding of one truss to be furnished; and so on every suc- ceed, ng oeriod of 16 and 32 days. The same quantity of straw is allowed for servants, or batmen not soldiers, or for washerwomen, in the proportion„of one woman to every seventeen men. 197 The straw is to be changed for the sick in hospital as often as may be deemed ne- cessary by the surgeon, or (in his absence) by the mate. Requisitions for fuel or straw must state the number and rank of the officers, the number of non commissioned officers and privates, servants, batmen, and washerwo- men, for whom it may be demanded, and certified by the commandant of the regi- ment, garrison, or recruiting rendezvous. No fuel or straw shall be drawn for of- ficers or for soldiers, whilst on furlough; nor any allowance made to them for th« same. 5. Of Transportation. To each company or detachment of 100 men, shall be allowed one four-horse wag- gon and team, or 2 two-horse waggon* and teams, for the conveyance of baggage, and camp equipage, consisting of one com- mon tent, one iron kettle, and two tin pans, for every six men. When officers are ordered on distant commands, the following rates are to govern in the allowance made to them for 198 the transportation of their baggage, at two dollars per 100 pounds per 100 miles. To a Major general, 1,250 lbs. Brigadier general 1,000 Colonel, 750 Lieutenant colonel, 600 Major, - 500 Hospital surgeon, 750 Captain, 400 Surgeon, - 400 Subaltern, 300 Surgeon's mate, 300 Cadet, - 200 The most direct post route will deter- mine the distance, for the amount of trans- portation, whether performed by land or water. To every officer ordered on general courts martial, temporary commands, or on other duties, on the sea board, or in the Atlantic states, there will be allowed, if he so elect, in lieu of the transportation of his baggage, his stage hire: no delay being admitted on the road. Receipts from the stage offices, or certificates on honor, of the performance of the duty, will be re» quired; 199 No allowance for transportation of bag- gage to officers fulfilling the first order after appointment. November 9, 1812. Officers, prisoners of war, are allowed for transportation of baggage, from the places where they are paroled, to their respective homes, unless transportation is provided by the enemy, or the govern- ment. May 2, 1811. No allowance of extra pay w ill be made to officers attending courts martial, either as members or witnesses, when the court shall be held at the garrison, post or can- tonment, to which the officer belongs, or at which he may be on furlough. 6. Of Stationery. To a major general, or other officer commanding a district, so much stationery as may be necessary for the discharge of his public duties. To every other general officer 24 quires of paper per annum. To every officer commanding a separate post or garrison, of not less than two, nor 200 more than five companies, 12 quires per annum, and one blank book of 3 quires. To every officer commanding a separate post or garrison of not more than ten com- panies, 18 quires per annum, and one blank book of 3 quires. To a colonel or other officer command- ing a regiment, for the use of himself and regimental staff, 18 quires per annum, and a blank book of 3 quires. To a major six quires of paper and one blank book per annum, For the use of every company, whether in garrison or otherwise, 12 quires per annum, and a blank book of 2 quires. For the use of every other commission- ed officer in the army of the United States, 2 quires per annum. For the use of every officer and garrison, a proportion of other stationery, at the rate of fifty quills, as many wafers, and a paper of ink powder to each six quires. Annual Estimates. It shall he the duty of this department, b) make out and transmit to the war de- partment, on or before the first day of De- cember in each year, annual estimates of 201 the forage, fuel, straw for bedding, articles of stationery, dragoon and artillery horses, oxen, waggons, and carts for transporta- tion of baggage, &c. and of all other arti- cles the furnishing of which appertains to the said department. July 9, 1813. In addition to the provision made for repairs of buildings occupied as barrack* and quarters, it is ordered, that where private lands and buildings are occupied by the troops of the United States, a rea- sonable compensation shall be made to the proprietor In the quartermaster of the district or post: and when the rate of com- pensation cannot be satisfactorily agreed on, discreet and disinterested persons shall be appointed, by the quartermaster and proprietor, to appraise the rent, which will be settled by the quartermaster, and the damage repaired as before provided. " Every officer of the army, whose duty* requires him to be on horseback in time of action, and whose horse shall be killed in hattle, shall be allowed a sum not ex- ceeding two hundred dollars, on making satisfactory proof of the loss and value of the horse so killed; the proof required shall be by affidavit of the quartermaster of the 202 corps to which the owner may belong, or of two other credible witnesses."* T!»e ou..-termaster's department will ad;". L and -ettlc all claims conformably to the above provisions. Awrift 25, 1812. Generals commanding separate armies are allowed double rations. Commanding officers of separate posts double rations, at the d.scretion of the President. May 2, 1814. Oilicers of the army are entitled to pri- vate waiters agreeably to grade as follows: Major general - - - four. Brigadier general - - three. Colonel .... two. Physician and surgeon general two. Lieutenant colonel, major, and hospital surgeon, - - one each. All officers having the rank of captain, including the com- missioned officers of the medical staff, and all other officers on separate com- mand - - - . one each. All the commissioned oflicers of a company serving with the company - - - three * Act of 12 May, 1796. 203 No waiters will be employed in the ser* vice of the United States, except as above provided, for which the officers empfi \ mg them will receive compen-ation,com in a- bly to the 10th section ot the act of March 30, 1814. ORDNANCE DEPARTMENT. May 1, 1813, 1. Of Laboratories. There shall be three principal laborato- ries in the United States, one in the neigh- borhood of one in the neighborhood of and one near At each of these laboratories, the head of the department will cause to be bought ten acres of land, and have thereon erected work-shops competent to the accommoda- tion of forty workmen, and barracks for the further accommodation of the same, with the necessary magazines and store- houses. The workmen at each of the said e labo- ratories, shall be engaged for a term of service not less than five years, and at the rates prescribed by law; and at each, there 204 ahall be one master wheelwright and car- riage maker, and one master blacksmith, the whole to be under the direction of the commissary general, or of some one of his olhcers. It is, however, understood, that if workmen cannot be engaged lor a term as long as five years, ihe commis.suiy gene- ral may engage them ;ur a shorter period. And he is also authorised to employ wo- men and children at low wage-, in all work which can be as well performed by them, as by men; and accounts regularly presented and certified by him, or by the senior officer of ordnance who shall be present, of the amount of all wages for work done under this regulation, shall be paid by the paymaster of the district or his assistant. At these workshops, shall be made, all gun carriages, ammunition waggons, tra- velling forges, and every other apparatus for the artillery, and shall be prepared all kinds of ammunitidn for garrison and field service. v •, 2. Inspection of Powder, $-c. It will be the duty of the commissary general of ordnance, to call upon the 20i commissary general of purchases, for the names and places of residence of all per- sons engaged in making powder, cannon, cannon shot, or other ordnance stores, under contract with the United States, and on notice of the time of delivery of such articles, he will cause the same to be duly proved and inspected. Until thus pre- viously inspected and proved, no ordnance, cannon balls, shells, shot, or powder, shall be received or paid for, by anv public agent of the United States. 3. Distribution of Ordnance. The orders of general oflicers for the supply of ordnance, ammunition, carriages, &c. shall go no farther than to direct the number and calibre of the guns, the quan- tity and kinds of ammunition, necessary for the service, and to command the pre- paration and delivery of these, and other enumerated articles, to some officer char- ged with its conveyance to the camp or garrison of the general requiring them. The artillery will be distributed for field service into divisions or half divisions. A division of artillery will consist of six pieces of ordnance, viz. four cannon of the S .. A \ 206 same calibre, and two howitzers, or six cannon of not more than two calibres. A half division of artillery will consist of two pieces of cannon of the same cali- bre, and one howitzer, or of three pieces of cannon of the same calibre. To each pair of three pounders, will be allotted one ammunition waggon, or cais- son. To each six pounder, one ammunition waggon, or caisson. To each howitzer, two ammunition waggons, or caissons. To each gun of larger calibre than a six pounder, destined to act with the army in the field, two, or at most, three ammuni- tion waggons, or caissons. To each division of artillery will be al- lotted three waggons, provided with as- sorted and spare articles of equipment, am- munition, harness, intrenching and artifi- cers' tools, &c. To each half division will be allotted one waggon, with assorted and spare ar- ticles and tools, as above. To each division of flying artillery and every two divisions of foot artillery w ill be allotted one travelling forge. 207 The proportion of overplus small arms, for the infantry, may be one fourth of the . number of effective troops in the field: these shall be placed in reserve, at some safe and convenient situation, near the army. The proportion of musket cartridges for the infantry, shall consist of thirty rounds per man, accompanying the troops in am- munition waggons, and such additional quantities as may be judged requisite, shall be placed in reserve, as provided for small arms in the preceding paragraph. Waggons will be provided with mining and laboratory tools and utensils, together with additional quantities of intrenching and artificers' tools, whenever the nature of the service may render it necessary. 4. Preservation and safe keeping of Ordnance Stores, 2 50 bard and belt, £** whole j Gun sling, - - - - 15 Brush and pricker, - 6 Ball screw, - - - 25 Screw driver, 25 PURCHASING DEPARTMENT. 1st. The commissary general of this department and his deputies will purchase upon the orders and estimates of the war department, all ordnanee, ordnance stores, laboratory utensils, artificers' tools, artillery 2-20 Carriages, ammunition waggons, timber, and ot.ier materials for making and repair- ing uuse; artillery harness, ammunition, snunl arms, accoutrements, and equip- ments, clothing, dragoon saddles and bri- dle-)-, tents, tent poles, camp kettles, mess pans, bed sacks, medicines, surgical instruments, hospital stores, and all other articles required for the public service of the army of the United States, excepting only such as are directed to be purchased by the quartermaster general's department. 2d. The articles so purchased as afore said, shall (such as may require it) be carefully packed, and all be delivered over by the commissary general or by his de- puties, to an officer of the quartermaster general's department, for transportation to the places of their destination aid use; and all parcels so packed, shall be legibly marked with the name of the place or places whither they are to be sent, and that of the detachment or corps for which they are intended, accompanied by an invoice of the articles contained in the said par- cels. 3d The commissary general of purcha- se , and his deputies, shall severally make and transmit monthly summary statements, 221 to the secretary of war, and quarterly ac- counts of the purchases and deliveries, made by them, respectively, to the ac- countant of the war department, with the necessary vouchers, and agreeably to the forms which shall be prescribed by the treasury department. Deputy purchasing commissaries shall not, unless specially ordered by the com- missary general or by the war department, make any issues of clothing to regiments or parts of regiments. The clothing department is subject only to the orders of the war department and the commissary general of purchases. Re- quisitions by commanding officers of regi- ments and corps not being considered in , the nature of orders, are not affected by these regulations. Returns of Clothing, %c. To enable the war department to fur- nish the orders and estimates as provided by the foregoing regulation, each regimen- tal quartermaster shall make and transmit, on or before the 1st day of December in each year, an estimate countersigned by the commanding officer of the regiment, of T 2 222 all such clothing, arms, accoutrements, equipments, and camp equipage, as may be necessary for the supply of the regiment for the ensuing year; with a return of the articles on hand, and a report of the con- dition in which they are. July 9, 1813. In the returns for clothing one column shall represent what is due to the detach- ment or regiment, one what is actually wanted, and a third, the articles, if any, on hand and in the curtody of some offi- cer of the detachment or regiment. These returns shall be signed by the regimental quartermaster, or officer doing that duty, and countersigned by the officer commanding regiments or corps. Upon returns thus made, the commissa- ry of issues will furnish 5uch articles, and in such proportions, as the state of the public stores will permit. No return will be made but for tho clothing of men actually present. May 2, 1811. Clothing sent to the army, or to any di- vision thereof, shall he consigned to the nearest issuing commissary of clothing, and to no other person. 223 Commanding officers of regiments, (o£ of parts of regiments on detached service,) shall alone have authority to make requi- sitions and to give receipts for clothing, and all such requisitions shall be made on the nearest issuing commissary of cloth- ing. Every requisition for clothing shall be made agreeably to the form annexed here- to,* and if any oflicer shall make a false return of the number of men actually pre- sent, or of the quantity of clothing due to them, or required by them, as an extra al- lowance, he shall, on proof thereof, be dismissed the service. All extra clothing shall be charged to the soldiers receiving it, and the amount thereof shall be deducted from their monthly pay, not exceeding half the said pay per month. Account6; of these char- gcs and deductions shall be regularly kept in tV conmany books, and the amount due from each shall be stated to th^ pay- master (previous to each payment.') whose duty it shall be to make the deductions accordingly. * Tiie requisition must men1 ion the men ?e»-viny '< and of their respective vicinities, indicating the various roads, rivers, creeks, ravines, hills, woods and villages, to be found therein: to accompany all reconnoi- ter'ng parties, sent out to obtain intelli- gence of the movements of the enemy, or of his positions, &c.; to make sketches of their route, accompanied by written no- tices of every thing worthy of observation, ther. nn; to keep a journal of every day's mos'emevt, when the army is in march, noticing the varieties of ground, of build- 225 ings, of culture, and the distances and state of the reads, between given points, throughout the march of the day; and last ly, to exhibit the relative positions of the contending armies on fields of battle, and the dispositions made, whether for attack or defence. HOSPITAL AND MEDICAL DEPARTMENT. It shall be the duty of the physician and surgeon general to prescribe rules for the government of the hospitals of the army; to see these enforced; to appoint stewards and nurses; to call for and receive returns of medicines, surgical instruments, and hospital stores; to authorise and regulate the supply of regimental medicine chests; to make out genera! half yearly returns of these, and of the sick (in hospitals) to the war department, and yearly estimates of, what may be wanted for the supply of the army. The apothecary general shall assist the physician and surgeon general in the dis- charge of the above mentioned duties, and shall receive and obey his orders in rela- tion thereto. 226 1. DUTIES OP TIIE APOTHECARY GENE- RAL AND OF HIS ASSISTANTS. May 2, 18U. The apothecary general and his assist- ants will receive and take charge of all hospital stores, medicines, surgical instru- ments, and dressings, bought by the com- missary general of purchases, or by his deputies, or by any other person under the direction of the said commissary or deputies, and shall account to the superin- tendant general of military supplies for all expenditures of the same. It shall be the further duty of the apothecary general and his as>istants to pay (monthly) the wages of the stewards, ward-masters, and nurses of the hospital, the accounts being duly certified by the senior surgeon present, and settled quarterly. The apothecary general and his assist- ants will compound and prepare all officin- als, and put up and issue medicines, &c. in chests, or otherwise, conformably to the direction of the physician and surgeon ge- neral, or on the estimates and requisitions of the senior surgeons of hospitals, and of the regimental surgeons. Returns are to be made to the apothecary general's office, 227 quarterly, by the deputy apothecaries, sur* geons, and mates, or any one having charge of instruments, medicine, hospital stores, and hospital equipments of any de- scription. The forms of these returns will be regu- lated by the apothecary general, under the direction of the superintendant general of military supplies, to whom one copy of the returns will be sent. 2. OF HOSPITAL SURGEONS. The senior surgeon shall be ex officio the director of the medical staff in the ar- my or district to which he is attached. He shall reside at or near head quarters, countersign all requisitions of regimental surgeons or mates on the apothecary gene- ral or his assistants, inspect the hospitals under his direction, correct abuses, and report delinquencies. He shall make quar- terly reports to the physician and surgeon general of the sick and wounded in the hospital to which he is attached, and of the medicines, instruments, and hospital stores, received, expended, on hand, and wanted, on the 1st of January, April, July, and October, of each year. He shall keep 228 a diary of the weather, together w ith an account oi the medical topography of the country in winch he serves, and shall re- port to the commanding orlicer every cir- cumstance tending to restore or preserve the health of the troops. It shall be the duty of hospital surgeons, or others acting in that capacity, to super- intend every thing that relates to the hos- pital, as to its construction, ils government, and its police. They shall order the stew- ard to furnish whatever may be necessary or convenient for the sick. They shall visit the sick and wounded in the hospital every morning, and in the evening require from the resident mate a report of all al- terations that may have occurred since the morning prescriptions. They shall pre- scribe on a blotter for the instruction and convenience of the mate. They shall have the police rules of the hospital printed or written in a legible hand, and hung up in each ward, and shall assign appropriate wards to the patients according to their respective diseases. They shall keep a register of all patients admitted into the hospital, wherein sliall be specified the name, rank, regiment, company, disease, dates of admission, discharge, desertion, 229 6r death. They shall also keep a case book, in which shall be recorded the his- tory of every important or interesting case of disease. They shall report monthly the general • result or outlines of the case book, as well as an account of medicines, instruments, hospital stores, furniture, &c. received, on hand, and wauted. 3. HOSPITAL SURGEONS' MATES. It shall be the duty of the mates to at- tend at the hour appointed by the surgeon, to visit the patients with him, and note his prescriptions. Each mate shall keep a case book similar to the one prescribed for the surgeon. They shall attend to the administering the prescriptions of the sur- geon, dress all wounds and ulcers, enforce the established discipline of the hospital, and report to the proper officers all delin- quencies. One of the mates, at least, shall remain constantly within call of the hospital. The medicine and instruments shall be under the immediate care of the mates. u 230 4. OF THE HOSPITAL STEWARD. It shall be the duty of the steward, un- der the direction of the surgeon, to provide for the hospital, to receive and take charge of all hospital stores, furniture, utensils, &c. to keep an accurate account of all is- sues, and specify not only for whom, but by whom, ordered. The surgeon's cer- tificate shall be his voucher. He shall be responsible to the apothecary general, or his assistant, for the faithful discharge of his office. 5. OF THE WARD MASTER. The ward master shall be under the di- rection of the steward. He shall receive the arms, accoutrements, and clothing of every patient admitted into the hospital. He shall see that the clothes are immedi- ately washed, numbered, and labelled with the name, regiment, and company of the patient, and put away in a place provided for that purpose. If the arms and accou- trements are not brought with the patient, the ward master shall so report. He shall be responsible for the cleanliness of the patients and the wards, shall call the roll 251 every morning and evening, and report all absentees. He shall be particularly careful in the proper construction of the close stools, and see that they have always a proper quantity of water or charcoal in them, and that they are cleansed at least three times a day. He shall see that the beds and bed clothes are properly aired and exposed every fair day to the sun, that the straw in each bed-sack is changed at least once in every month, and that each patient is washed and his hair combed every morning. When a patient has died, or been discharged, he shall see that the bed and bed clothes are properly cleaned, and the straw burned, and that the nurses and attendants are kind and attentive to the sick and wounded. All the attendants shall be considered as under his immedi- ate direction, and he shall be responsible for the faithful performance of the duties assigned them. 1. REGIMENTAL SURGEONS. The surgeon shall be considered re- sponsible for the order, regularity, and cleanliness of the regimental hospital, or infirmary, as well as for the comfort and 232 convenience of all other sick men confided to his care. He shall send as few patients as possi- ble to the general hospital, and these shall be confined to the wounded, and chronic cases; excepting when the sick are order- ed to be left behind on a march. In that event, all cases may be sent to the general hospital, unless otherwise provided for by the director. When a patient is to be sent to the general hospital, the surgeon shall send with him a descriptive list, together with a certificate containing the name, re- giment, and company of the patient; the symptoms and duration of his disease, with some general remarks on the mode of treatment pursued. He shall, likewise, send with him his clothes, arms, and ac- coutrements. He shall keep a strict re ©ord of all cases sent to the general hos- pital. When the troops are in permanent en- campments or cantonments, he shall pro- vide some suitable place for the reception of the sick. In this regimental infirmary, the common camp diseases, such as in- flammatory and typhus fevers, diarrhoeas, and dysenteries, shall be attended. . He 233 shall be careful to have the infirmary well ventilated, and shall not crowd his patients, He shall use every precaution to pre- vent the origin of contagion; and should it appear, he shall immediately report it to the commanding officer, and make every exertion to counteract it, by paying a strict attention to the personal cleanliness and frequent changes of the linen and bedding of the sick, &c. &c. The surgeon shall, with the consent of the commanding officer of the regiment or oorps, select a capable and careful non- commissioned officer, who shall act as steward and ward master; and such num- ber of men as may be necessary to attend upon the sick, who are to be considered as attached to the medical staff, and not to be removed except for misdemeanor. The surgeon shall frequently inspect the provisions furnished to the troops, and re- port the same when unsound, to the com- manding officer, as well as every thing in diet, dress, or situation, which can affect the health of the troops. He shall require of the orderly sergeant of each company, a written and daily re- port of the sick.' After having examined each case carefully, he shall give wriuVa u 2 234 prescriptions for such as require medi- cines. He shall report all cases of feigned sick- ne» to the commanding officer of the companies to which they belong. He shall examine each case reported, at least once a day, and all dangerous ca-e? more frequently. He shall attend at the commencement of a march, and designate such men as should be permitted to ride, or have their knapsacks transported in the waggons. He shall be alw ays at hand, when the regiment or corps moves, to afford his as- sist nee in case of accidents. He shall attend all musters and inspec- tions, and report such men an are unfit for service, assigning the cause of their ina- bility. He shall endeavor to have on hand a sufficient supply of medicines, instruments, dressings, and hospital stores, and be al- ways ready to render services in case of an engagement. He shall see that the mates are attentive to their duties, and endeavor to afford them every opportunity of improvement. He shall keep a daily journal and pre- scription book, wherein should be recorded 235 an account of all cases of sickness, the na- ture of the complaints, and the means used to effect a cure, together with the result. He shall make out a morning report of the sick and convalescent, agreeably to form No. 1, and deliver it to the com- mandant of the regiment or corps. He shall make out a monthly report agreeably to form No. 2, which he shall forward to the medical director of the district, or to the senior surgeon present. He shall make out a quarterly return agreeably to form No. 3, of medicines and instruments, and also a quarterly return agreeably to form No. 4, of hospital stores, &c. 2. OF REGIMENTAL SURGEONS* MATES. In the absence of the surgeon, the mate oldest in commission shall act as surgeon, WThen the surgeon is present, it shall be the duty of the mate or mates to prepare his prescriptions, and see that they are re- gularly taken; to dress wrounds and ulcers; to perform the operation of blood letting; to assist the surgeon in preparing his daily, monthly, and quarterly returns; to visit all dangerous cases frequently, and report all material changes to the surgeon. They 236 shall have charge of all medicines and instruments, and be held responsible to the surgeon for their good condition. They shall be attentive to the order and clean- liness of the regimental infirmary, and sec that the patients are kept clean in their persons, linen, and bedding. No candidate will hereafter be appoint- ed in the medical department of the army who shall not have received a diploma from some respectable medical school or college, without first passing the exami- nation of an army medical board. Wlicnever a soldier is rendered incapa- ble of performing military duty, by reason of wounds or injuries received in the ser- vice, while in the line of his duty, his com- manding officer shall certify the time and manner of receiving such wound or disabi- lity; and the senior surgeon of the hospital, regiment, or corps, shall furnish such disa- bled soldier with a certificate, on which the proper discharge shall be made by the inspector general or officer doing thart dutv. No. 1. MORNING REPORT of the sick and convalescent of the of commanded by regiment Sick present. Sick absent. Total. Company. 111. Convales-cent. Remark*. ----- Aggregate; ,TX* day of 481 ,. A«- B» Surgeah. to w 2? S' P3 <* 3 i s. ^ 3 nOrq ' & O o 3 «5 ft) H o Killed in battle. * 3 A 3 > a-1. re S"g-3 ° «?£ o v> "S. E. o "I 3* Dysentery. Diarrhoea. Wounded. All other con-tingencies. | Sent to hospital. " " | Dead. | Joined regiment. | Remain. 1 ! * s 3 S 8-50 c o O Fevers. 1 >> 8 ■~ u a T3 4) s 3 O c u c »'c Is <** O Remarks. Inflam. Typh. A. B. Hospital Surgeon. No. 6. QUARTERLY REPORT from the director to the physician and surgeon general-. Denomi- nation. Remain. last rep. Taken ill during the quarter. Fevers. Q •a oi Remarks. 10 A. B. Director. 1 Names. Hospital surgeon. Regimental surgeons. Garrison surgeons- Hosp. surg. mate.. Reg. surg. mates. Gar. surg. mates. Stewards. Wardmasters. Matrons. Nurses. > Waiters. P3 Where employed. Resigned. Discharged. Dead. Remarks. £?5 Date. Names. Regi-meat. o 3 »> 3 No. of musket. Bayonet and belt. Knapsack. Canteen. i When deli-ve: ed, and to whom. re 3 ■-) K w ws 245 List of Medicines to be purchased for the use of the army. Acetis cupri plumbi Acidum concret citron muriatic nitric sulphuric benzoes Aloes socota. Amylum Balsam, capaib. Boras sodo Carbonas ammonia calcis terri magnesia potassae zinc, inipur. Cera alba flava Conserv. rosarum Cortex angustur aurantium cassiae cinchonce querci rubrii ulmi rubri Extractum. con. maculat glycerrhizae Flores anthem, nobil. Folia sennae supul. commun. Gum arabic Gum assa fcctid. ammoniac camphor gamboge guiac. kino myrrh opii Hydrargyria Lapis calominous Lytharge Manna Meloe vesicat Nitris argenti potasse Nuces Moschatae Oleum anisi cassiae savendulae menm. pipinit olivarum ricini succini Oxyd. arsenic zinci Oxy. raur hydrag. co;ms Oxy. nitri. hydrag. rub. Phosph. sodae Pimento Potassae Pul» is antimon Jacob x 2 246 Pulvis cinchonse Colombo ipecachuan. jalap ii rad zingib rhei palm scillae maritim valerian Radix cinchone Colombo gentian glyceirhis senekae scicent virg Resinae flava Sal amnion erud Sapo venet Semen sini -map Spermaceti Spt. amnen volat ather. nitros niti i dulc Spt. tereVmthinaj Soda Sub carbon potass Sub inur hydrarg Sulp'iu S'ii>lim Sulphas Sodas alummc capri terri zinci Superlartx potass* Tartris antimonie- potassae Terebinth venet Terra japonica Turbeth mineral Phials and corks Pill boxes, scales and weights Files, mortars and pestles Syringes, &.c. 1. Whenever a body of troops shall ar rive at any military station, accommoda- tions for the sick will be first provided, and subsequently those for officers and privates who are well, and to accomplish this, the artificers found in a regiment shall be instantaneously put in requisition. 2. Every regimental hospital shall have * annexed to it a serjeant. He shall be 247 intelligent and endowed with the art of command. It will be the principal duty of this non-commissioned officer to attend to the preservation of order among the sick, to the distribution of hospital stores, and to the rigid observance of medical rules and prescriptions. 3. Every regimental hospital shall be supplied with one or more female attend- ants. It shall be the business of these to scour and cleanse the bunks and floors of the rooms or tents, to wash the blankets, bed sacks, and clothes of the patients, to cook the victuals of the sick, and to keep clean and in good order the cooking uten- sils. 4. A two horse waggon shall be allow- ed to each regimental hospital, in which shall be conveyed a medicine chest of 200 or 300 weight, and three other chests, under lock and key, for blankets and bed sacks, cooking utensils, and hospital stores. 5. Women infected by the venereal dis- ease shall in no case, nor on any pretence, be allowed to remain with the army, nor to draw rations. 6. No non-commissioned officer, musi- cian, or soldier of the army, being a vene- real patient, shall receive pay while under 248 cure, and a deduction shall be made from his wages for the amount, in price, ot all mcdic.nes administered to him during the period of his being so diseased. 7. Toe pay of hospital nurses shall not exeecd six dollars per month, and one ra- tion per day. 8. Invalids having piles or other in- firmitv, (not always to be discovered by the inspecting physician,) who have impo- sed, or who may hereafter impose them- selves on recruiting officers as sound and able bodied men, shall, previous to dismis- sion, be put into close confinement and otherwise punished, in the discretion of a court martial, as swindlers and impostors. July 16, 1814. 9. Stewards of the hospitals are autho- rised to draw from contractors any of the component parts of the ration which may be necessary to the supply of hospitals, and which the said contractors are obliged to furnish. The component parts of the ration not actually employed as food in the hospital may be sold, and the avails ap- plied to the purchase of vegetables, &c. &c. as directed by the superintending physi- cian. 249 MISCELLANEOUS RULES. Each major general will appoint his aids-de-camp: each brigadier general will appoint his brigade major and aid-de- camp; all of which shall be taken from the line of the army. No aid-de camp of a ma- jor general shall be taken from a rank higher than that of captain; and the aids- de-camp of brigadier generals shall be taken from the subalterns, and not more than one aid decamp from a regiment. No officer shall be permitted to hold two staff appointments at the same time. No surgeon of the army shall be en- , gaged in private practice. No officer, commissioned or non com- missioned, shall be the agent of a contrac- tor. Quartermasters of regiments, or of corps, will cause the company provision returns to be consolidated and carried''to the commanding officers of regiments and of detachments or brigades, for their sig- natures. Abstracts of these, furnished and presented by the contractors, will be sign- ed by officers commanding brigades (or separate posts) and will thu6 become vouchers for the contractors. 250 No furlough shall be given during a campaign; nor any, but by the general commanding the district or army, and lor the cause of disability, which disability shall be certified by a regimental or hos- pital surgeon. . Furloughs shall, beside expressing the term of time granted to absentees, express also an order to join the regiment, post or garrison, to which they may belong. ' No order shall be given to officers seek- ing a furlough for their own convenience, which shall have the effect of entitling them to an allowance for transportation of baggage. All discharges given to soldiers by generals commanding separate detach- ments, shall specify the causes of dis- charge. All officers, whatever may be their rank, passing through a garrison town, or established military post, shall report their arrival at such town or post, to the com- manding officer, by written notice if the officer arriving be elder in rank, and per- sonally if he tye younger in rank than the officer commanding. All officers arriving at the seat of go- vernment, will in like manner, report to the adjutant and inspector general. 251 November 1, 1808. Officers of the cavalry will be allowed money in lieu of forage, under the rule which governs in the allowance to officers of other corps. Captains and subalterns of that corps are not to be allowed forage or money in lieu thereof, until ordered to be mounted. May 2, 18H. District paymasters shall make pay- ments, under instructions from the pay- master of the army, and conformably to law, to the widows and orphans of officers and soldiers who have been or may here- after be killed in battle, or die of any wound received in actual service. Dragoon horses shall on no pretence be given over to quartermasters until regular- ly inspected and cast; nor shall they on any pretence, until so cast, be employed on service other than that of dragoons. No officer of dragoons of any grade, nor any officer of other corps or depart- ment of the army entitled to forage, shall, on any pretence, keep or employ in his public or private capacity any dragoon or other public horse or horses. No claims for extra services shall be al- lowed on account of attendance on courts 252 martial, whether as members or as wit- nesses, if performed by officers on furlough, or on duty, at the post or place where such court is held. More than five women shall not be al- lowed to a company when organised and completed agreeably to the establishment. Nor shall any be allowed to accompany recruiting parties which shall be fewer than 17 men, nor shall more than one ac- company parties of that number. No contractor or commissary shall be justified in issuing rations to women, who arc followers ot the army, beyond the number allowed by law. Nor shall the contractor or commissary receive credit for extra liquor issued to the troops or the followers of the army in any case. Special commissaries appointed by general or other officers for the purpose of purchasing provisions, in cases in which contractors may have failed to furnish agreeably to contract, shall give bond (pre- viously to entering on their duties) in s.eh sum, and with such securities, as mav be required and approved by the general or other officer authorised to appoint them; and the names of all such commissaries so appointed, with the name? of their seruri. 253 ties, and the bonds given by them respec- tively, shall be promptly reported to the war department. July 28, 18U. When controversies arise on the inter. pretation and application of the rules and regulations for the better government of the army in relation to rank, the com- manding officer of the district or aimy, or post where such controversies mav occur is authorised and directed to institute a court of inquiry or board of officers, whose duty it shall be to examine and report opinions on the cases respectively coming before them, which opinions, if confirmed by the said commanding officer, and re- ported to the war department, will be final and conclusive in the case or cases to which they apply. RECRUITING REGULATIONS. May 2, 181*. 1. Permanent recruiting stations for re- giments and corps will be established. 2. A field officer or captain and a com- petent number of platoon officers of each regiment (or corps) will be charged with the recruiting thereof. ¥ 254 3 Officers so charged will be designated by the war department, and until relieved therein- will not be subject to the orders of anv'other military authority, excepting in cases of arrest for violation oi duty. 4. Each regimental superintendent will station his subordinate officers at different points, near his own quarters....will visit them often....supply them with funds....and report to the war department all commis- sioned or non-commissioned officers who may be incapable or negligent, or unsuc- cessful in the discharge of their functions. In the last case (where the party does not succeed in getting recruits, from any cause other than the fault of the officer) he will immediately change the station of the party. 5. So soon as any regimental recruiting rendezvous is fixed, the superintending of- ficer will give notice to the adjutant and inspector general's office, at Washington, to the paymaster of the army, to the con- tractor of the district, and to the nearest commissary of purchases, to the end that supplies of money, clothing, &c. be prompt- ly and regularly furnished. 6. Reports will be made monthly to the inspector general, war department, of the 255 progress in recruiting by the superintend- ing officers, and to the superintending offi. cer weekly, by his subordinate oiheers. Monthly accounts and vouchers for boun- ties and premiums to recruits, will be transmitted to the paymaster of the army; monthly accounts and vouchers for con- tingencies, to the accountant of the war department; and quarterly accounts and vouchers for clothing, arms, accoutrements and camp equipage, to the superintendent general of military supplies at the city of Washington. 7. The senior recruiting officer will re- ceive money from the paymaster of the army or the war department, and be held responsible for its application. When hi« funds are exhausted, or likely to be so, he will make a requisition on the paymaster for a further supply, accompanying it with an abstract of payments already made. 8. Subordinate officers will receive mo- ney from their commanding officer, for which thev shall give duplicate receipts and be held accountable. Besides their weekly statements of their accounts, shew- ing the amount of money, clothing and camp equipage, &c. received and distribu- ted and trie balance remaining on hand, 256 they sliall also report weekly the strength of tneir parties, toe names of their recruits, and the description of their persons respec- tively. 9. As soon as convenient, and within six days at farthest from the time of his enlistment, every recruit is to be brought bdore a magistrate, and take and subscribe the necessary oath, agreeably to the 10th article of the rules and articles of war. No objection is to be made to a recruit for want of size, provided he be strong, active, well made, and healthy. 10. If any recruit after having received the bounty, or a part of it, shall abscond, he is to be pursued and punished as a de- serter. 11. Every officer engaged in the recruit- ing service, at posts where there shall be no quartermaster, will procure the neces- sary transportation, forage, fuel, straw, and stationery, taking the requisite vouch er-. 12. Recruiting officers shall, as far as practicable, be furnished with dmms and fifes from their regiments; where this may be impossible, and musicians have not been enlisted, they are authorised to en- gage a drummer and fifer, at a rate not 257 exceeding fifteen dollars per month, and one ration per day each. 13. When medical or surgical aid is re- quired by a recruiting or other party, if no surgeon or mate of the army be at or near the post or place, the senior officer shall have authority to obtain such by special agreement in writing, under the following rules, viz. For any number of sick not more than thirty, the rate of compensation shall not exceed the pay and emoluments of a sur- geon's mate of the army, exclusive of me- dicine. In any other case it shall not exceed those of a regimental surgeon. No citizen surgeon is to inspect at posts or places at which are army surgeons. Officers not conforming to this rule shall be reported to the war department. No party shall be detached on the re- cruiting service, unaccompanied by a com- missioned officer, unless by special permis- sion of the superintendent. 15. All recruiting officers are expressly forbidden to enlist any man having ulcera- ted legs, scalded head, rupture, or scurvy, or who is an habitual drunkard, or known ft) have epileptic fits, or other infirmity, Y 2 258 and any officer who shall enlist such man, and any surgeon or mate who shall certify his fitness for service, shall, on proof there- of, be dismissed the service. Surgeons are to be particularly attentive to the examination of recruits, when such are brought before them, and shall not suffer any man to pass who has not, at his examination, been stripped of all his clothes, to the end that it be ascertained as far as possible, that he has the perfect use of every joint and limb....that he has no tumors nor diseased enlargements of bones or joints, nor sore legs, nor rupture. With any of these defects the man is to be rejected as unfit for service. It is only after due and careful inspec- tion as aforesaid, that the eight dollars payable to the soldier or citizen, for fur- nishing a recruit, can be paid. When the recruit is sound and able bodied, and has passed inspection, no delay in paying the premium of eight dollars to the non com missioned officer, soldier, or citizen, who engaged him to enlist, will be excusable: and if any unnecessary delay or embar- rassment be imposed on the payment due to the non-commissioned officer, soldier, or citizen, so finding and engaging a 259 recruit, the officer producing such delay, &c. will, on due proof thereof, be dismissed the service. In all cases the receipt for amount of premium of the person finding the recruit will be annexed to the enlist- ment. The premium payable to commissioned officers cannot exceed four dollars; to be paid after the recruit has been mustered, and in compensation for extra expense. 16. All free male persons above eigh- teen and under forty-five years, who are able bodied, active, and free from disease, may be enlisted; and whenever a recruit, who is under age, shall have a parent, guardian or master, his consent shall be obtained and accompany the enlistment. Any loss accruing from a non-observance of this rule, will be borne by the recruiting officer. Recruits shall not be mustered until they join their regiments. 17. When the recruits shall amount to one hundred rank and file, .they shall be organized as a company, and put in march for their regiments respectively. WThen a party of recruits shall be thus sent to their regiment, the commanding officer shall transmit with them an account of the pay.. 260 subsistence and clothing, &c. received by each man........ 18. Whenever a soldier is transferred from one corps to another, or ordered on distant command, or furloughed, or sent to the general hospital, or left sick, distant from the regiment or detachment, or dis- charged the service of the United States, the officer commanding the company or detachment to which such man belongs, will furnish him with a certificate of honor, specifying the date and period of enlist- ment, amount of the clothing he received, when last paid and by whom, to what time subsisted, and the balance of bounty due, if any; a duplicate of which will be transmitted to the adjutant and inspector general's office at the city of Washington. 19. Every superintending officer of the recruitino- service will be held strictly re- sponsible for the order, discipline and "good conduct of the parties under his command. He will prepare and transmit to the in- spector general at Washington, monthly returns, shewing the name, rank and sta- tion of everv officer within the same; the strength of their parties respectively, and the alterations occurring since his prece- ding return-. 261 20. All communications with the war department relating to the recruiting ser- vice, will be addressed to the Inspector General, War Department, Washing- ton. RULES WITH REGARD TO MILITIA DRAFTS. 1st. All militia detachments in the ser vice of the United States, must be made under the requisition of some officer of the United States (to be hereafter authorised to make such requisition) on the executive authority of the state, or of the territory, from which the detachments shall be drawn. 2d. In these requisitions shall be ex- pressed the number of privates, non-com- missioned and commissioned officers, re- quired, which shall be in the same propor- tions to each other, as obtain in the regu- lar army. The looser method of requi- ring regiments or brigades, will be discon- tinued. 3d. It shall be the duty of the officer so mustering and inspecting militia detach- ments, to make immediate report thereof to the war department, and 262 4th. Payment will be made through the regimental paymaster in all cases in which the corps shall be organised as a regiment; and in all cases in which it shall fall short of the number necessary to that organisa- tion, by the paymaster accompanying the army or division to which it may belong. CHANGES IN THE UNIFORM OF TUB ARMY OF THE UNITED STATES. The coat of the infantry and artillery shall be uniformly blue, no red collars or cuffs: and no lace shall be worn by any grade, excepting in epaulettes and sword knots. All officers will wear coats of the length of those worn by field officers; all the rank and file will wear coatees. The button holes of these will be trimmed with tape on the collar only. Leather caps will be substituted for felt, and worsted or cotton pompons for feathers. General officers and all others of the general staff, not otherwise directed, shall wear cocked hats without feathers, gilt bullet buttons, and button holes in the herring-bone form. 263 The epaulettes of major generals will have on the gold ground of each strap, two silvered stars. The epaulettes of brigadiers will have on each strap one star. The uniform of the physician and Bur- geon and apothecary generals, and hospi- tal surgeons and mates, shall be black, the coats with standing eollars, and on each side of the oollar, a star of embroidery, within half an inch of the front edge. The rules with respect to undress, are dispensed with, excepting that cockades must always be worn. OF THE GENERAL STAFF. The coat.... Single breasted, with ten buttons, and button holes worked with blue twist, in front, five inches long at the top and three at the bottom. The stand- ing collar to raise to the tip of the ear, which will determine its width. The cuffs, not less than three and a half nor more than four inches wide. The skirts faced with blue, the bottom of each not more than seven nor less than three and a half inches wide; the length to reach to the bend of the knee. The bottom of the breast and two hip buttons to range. 264 1. On the collar one blind hole five inches long, with a button on each side. 2. The blind holes on each side of the front, in the herring bone form, to be in the same direction w ith the collar, from the top to the bottom. 3. Blind holes (in the like form) to pro- ceed from four buttons, placed length- wise, on each skirt. A gilt star, on the centre of the bottom, two inches from the edge. 4. The cuffs, to be indented within one and a half inch of the edge, with four buttons lengthwise on each sleeve, and holes to the three upper buttons corresponding with the indention of the cuff, on the centre of which is to be inserted the lower button. 5. All general officers will be permitted to embroider the button holes. The commissary general of ordnance, the adjutants, inspectors, and quarter- masters general, and the commissary general of purchases, will be permit- ted to embroider the button holes of the collar only. Vest, breeches, and pantaloons....White (or buff for general officers)....blue panta.- 265 loons may be worn in the winter and nan- keen in the summer. Vests single breast- ed without pocket flaps. 1. Breeches, or pantaloons, with four buttons on the knees, and gilt knee buckles. 2. High military boots and gilt spurs. Black stock....oi leather or silk. Chapeaus....of the following form; the fan not less than six and a half nor more than nine inches high in the rear, nor less than fifteen nor more than seventeen and a half inches from point to point, bound round the edge with black binding an half inch wide. 1. Button and loop, black. 2. Cockade, the same, four and a half inches diameter, with a gold eagle in the centre. Swords.... Yellow mounted, with a black or yellow gripe. For the officers of the adjutant, inspector, and quartermaster ge- neral's departments, sabres; for all others, straight swords. Waist Belts....oi black leather. No sashes. Epaulettes....oi gold; according to rank.. z 266 Note.... Officers of the corps of engineers will wear the uniform already established for that corps. The dress of the hospital staff will con- form as to fashion, to the uniform of the staff, except that they will wear pocket flaps, and buttons placed across the cuffs, four to each, and covered buttons in all instances, of the color of the coat, (black.) Officers of the line appointed to a staff station, which confers no additional rank, will wear the uniform of their rank in the line, with high boots and spurs. OF THE ARTILLERY. Coat....oi the same general description with that of the staff; and 1. Pocket flaps, cross indented below, not less than two and a half nor more than three inches wide, with four but- tons and blind holes; two buttons at the opening of the pocket of each skirt; and a diamond of blue cloth, ornamented one and a quarter inch on each side, the centre two inches from the bottom of the coat. 2. The blind holes on either side of the front, with the coat buttoned close to 267 the collar, accurately to form lines with the corresponding ones opposite, from the top to the bottom, i. c. not to represent herring bone. 3. The cuffs with four bljnd holes, ex- tending from four buttons placed across on each. 4. Two blind holes on the collar, five inches long, with two buttons on each side. 5. Gilt buttons of the size and insignia furnished the commissary general of purchases from the war department. Vests, breeches, and pantaloons....for the field and staff, the same as those de- scribed for the general staff: and vests and pantaloons, for the oflicers of the line, the 6ame, except the first and second particular articles. Stocks and chapeaus....oi the same general description with those of the gene- ral stall": 1. Button and loop of the chapeau, yel- low. 2. Black cockade of leather, four and a half inches diameter with a gold eagle in the centre. A white feather to rise eight inches; that of the adjutant, white and red. t 268 Swords....cut and thrust, yellow mount- ed; with a black or yellow gripe. Waist Bclts....oi white leather. Sashes....to be worn only on a tour of duty, and round the waist. Epaulettes ...of gold (bullion and strap) according to rank. The adjutant, quar- termaster, and paymaster, to wear a coun, ter strap on the opposite shoulder. The surgeons and mates, to include garrison surgeons and mates, will wear khe same uniform except the cape, which is of black velvet; the plume black. OF THE LIGHT DRAGOONS. Undress coat....Blue cloth, single breast- ed, with one row of ten plated bullet but- tons in front...notched twist holes on each breast, from three and a half to four inches at the bottom, and from seven to eight at the top, to fill the breast so as nearly to touch the s'ye....the length of the waist not to extend below the hips, the skirt to the bend of the knee; soldier's back with two notched holes across each, the skirt and sleeve herring''bone with four notched holes and buttons on each, the holes 26f making an angle of about eighty-five de- grees, tiie top of them to range with the hip buttons and bottom of the breast.... turnbacks of blue cloth united at the bot- tom by a silver embroidered double fleur- de luce, the skirts four and a half inches wide at the bottom, stand up collar worked with silver braid. Pantaloons, worked on the fall with silk braid, two rows down the side seams continued round the seat. Full dress....Hussar jacket, single breasted, with three rows of plated bullet buttons, holes in each breast one inch apart, worked with blue silk braid five and a half inches long at the bottom, the top to touch the s'ye, the front terminating at the bottom; theskirt behind three inches deep, with double plait, in each fold, and on the centre of the back, at the bottom made with the braid that continues round the edges, one above each hip button, the braid to continue up the side seams. The waist not to reach below the hips; and no back seam. Pocket vv^lts form each end the same as the front end of the button hole or collar. The collar the same a*. the undress coat, both worked with, silvey *2 270 braid. The sleeve worked with silk braid. , Vest, of white cassimere or jean, single breasted. P , nUdoons, white cassimere, or buck- skin for parade; dark blue cloth for ser- vice. Boots, dragoon, with tops to cover the knees. Stock, black leather....black silk for the oflicers, without shewing the shirt collar or knot. Spurs, vvhite. Helmet, according to pattern, blue fea- ther with white top, feather nine inches long. Buttons, plated bullet buttons. Epaulette, silver. Adju'anU epaulette of his grade, white plume with blue top. Quarto-master, green plume. Paymaster, epaulette of his grade, blue plume wHh red top. Surgeon, the undress uniform, with black cape and cujf. Cloak, hussar, with sleeves, cape eight inches wide. middle, plain; plated pummel and cantle» 271 Housings of field officers, blue cloth bordered with a double row of silver lace. Troop officers, one row of silver lace with three bars of lace placed diagonally from the corner of the housings, for cap- tains....one row of silver lace with two bars for the lieutenants....one row of silver lace with one bar for the cornets. Staff, according to their grade. Medical staff, one row of lace. Holsters, bear-kin, double flaps. Bridle, bit, and bridoon, reins, black leather. Non-commissioned officers, the same as the officers, with the exception of silk fer- ret instead of lace....Sergeants to wear two white epaulettes, corporals one on the right shoulder. Armament....pistols, sabres, steel scab- bards, buff leather waist belt, white plate in front with the eagle in relief...silver sword knot. May 2, 1811. The white cord to be taken off the sol- diers' jackets, and no lace, or silver cord, lo be worn by officers. 272 OF THE LIGHT ARTILLERY. Full dress....Coatee, of dark blue cloth; single breasted; three rows of buttons, nine in each. Button holes worked, dia- gonally, in blue twist. Standing collar; the height of the collar not to extend be- yond the tip of the ear; two buttons; the button holes of blue twist. Cuffs blue with three buttons placed vertically upon the sleeve; the button holes worked with twist Pocket flaps, diagonal, with three buttons, worked as the sleeve, two buttons at the waist, the skirts sloping from the hip. Vest, white cassimere, or doe skin (for winter) plain white jean, or nankeen (for summer,) single breasted, with nine yel- low buttons. Pantaloons. White cassimere, or doe skin (for parade,) dark blue cloth (for ser- vice.) Boots, hussar. Stock, black leather, ribbed. Spurs, white, shanks one inch. Cap and ornament, black, seven inches high, the crown eight and a half inches diameter, the visor two and a half inches Inroad lined with stiff leather, a gold band 373 and tassel falling from the crown of the cap on the right side, gilt plate in front, plume white, tipped with red, length six inches, one fourth red....cockade, black leather. Buttons, yellow, half inch diameter. Epaulette, Gold bullion, strap, basket work. The field officers to wear two. ..a captain, one on the right shoulder....the lieutenants, one on the left Adjutant, epaulette according to his grade, with a band of red silk and gold fringe above the elbow on the left arm, his plume yellow. Quartermaster, epaulette according to his grade, plume green. Paymaster, epaulette of his grade, plume red. Surgeon and mates, same uniform as described, except the cape, which is of black velvet, cocked hat, black plume. Cloak, hussar, blue cloth, cape eight inches large. Equipment, plain saddle. Housing, scarlet cloth, extending eight inches from the saddle, and brought to a point on the flank of the horse. Medical Staff', blue housing. 11 jitters, bearskin, with double flaps. 274 Bridle, double bit (yellow mounted) reins, uiart'ngal, &c. black leather. Portmanteau, black leather, two feet Ion;, nil.; niches diameter. Ar lament, sabres, gilt scabbards, black belt two inches broad, gilt plate in front witti toe eagle m relic:'....belt worn over the sasu, which is red, and tied on the rigiit side....the sabre suspended by a chain. Cut and thrust swords, black scab- bar;!-, yellow mounted....(for undress) sword knot gold. Pistols, calibre of the cavalry yellow mounted. U.iircss uniform, long coat extending to the ,:nee, dark blue cloth, skirts sloping from the hips, single breasted, with one row of nine buttons....the cut, fashion and trimmings, to be the same as the lull dress. Where etiquette requires shoes, breeches-, agreeable t» the uniform, are to be worn, with yellow knee buckles, instead of st •'■-.rs....yellow buckles in the shoes, a cbtY.\m br;.s instead of the cap, no plume. Press of non-commissioned off'ce.rs and privates, the same as that prescribed for i\' o Hers, with the exc j ton of Worsted being substituted for gold band 275 and tas-el. Serjeants to wear two yellow worsted epaulettes and red worsted sa.h. Corporals one epaulette on the right should der. OF THE INFANTRY. The same as that pointed out for the of- ficers of artillery, with the following ex- ceptions: The sword of the sabre form and with mounting .-silver or plated. For the medi- cal staff, small swords. Epaultlces, buttons, spurs, buckles, and trimmings, silver or plated, and caps may be worn on duty. OF THE RIFLEMEN. The uniform for the non commissioned officers, privates and musicians of the rifle regiments, will, hercaltcr, be as follows, viz: A short coat of grey cloth, single breast- ed, flat yellow buttons, which shall exhibit a bugle surrounded by stars, with the number of the regiment within the curve of the bugle; one row of ten 1 utters in front, three on each sleeve, and three on each skirt, lengthwise, with blind button 276 Boles of black twist or braid in herring bone form. A waistcoat of grey cloth with sleeves of the same. Pantaloons of grey cloth. The Jefferson shoe, rising two inches above the ancle joint, and not higher. Leather caps, with a plate and design similar to that of the button, and a short green pompon in front. For field or active service, the officers will wear uniforms like those of the pri vates, excepting as to quality. On other occasions they arc permitted to wear the uniform of the artillery, except as to the buttons, the position of them, &c. which shall be the same with the field Goat. Epaulettes of gold. Yellow mounted sabres for officers and non-commissioned officers. OF THE CADETS. Coat...blue cloth, single breasted, standing collar, single herringbone cuff, eight buttons in front, six in rear, one on each side the collar, with one blind button hole, and one on each cuff. 277 Under clothes....Nankeen in summer, grey cloth in winter....black stock. Chapeau, cockade with gilt eagle, and loop. Half boots and shoes. Cut and thrust swords, in a frog belt, worn under the coat. The buttons, eagle impression, yellow gilt, five eighths of an inch diameter. The preceding Rules and Regulations arc approved, JAMES MADISON. June 28, 1814 I ia WJjfif * trim.* 1V2. 1^"-^ 270 : U S?3»o