•V jr. $*■ Jjfc' % ■■ ■■■• • -A ;< : . x I*. » *s, itf^aMtV" 'fi 'A^ffgWi" ■isstm «V A *> •h \ r ZZj C1 oOOOt>£nQrOODgt: Q-DQ'CCVZfOi Surgeon General's Office I 6 OOaac C Q-uagQQaCQGOCOGQgQC »*! ^TSKBE^STT—^S5 \ . MILITARY LAWS UNITED STATES INCLODlNO THOSE RELATING TO THE ARMY, MARINE CORPS, VOLUNTEERS, MILITIA, BOUNTY LANDS AND PENSIONS: TO WHICH IS PREFIXED THE RULES AND ARTICLES OF WAR, CONSTITUTION OF THE UNITED STATES THIRD EDITION. iST. //f ---------—--- K THE FIRST AND SECOND EDITIONS WERE COMPILED BT COL. TRUEMAN CROSS, tJ. S. ARMT, THIS THIRD EDITION BRINGS THE MILITARY LAWS THROUGH THE FIRST SESSION OF THE TWENTY-NINTH CONGRESS, OP. TO TENTH AUGUST, 1846, UNDER THE SUPERVISION OF CAPTAIN A. R. HETZEL, U. S. ARMY. WASHINGTON CITY: PUBLISHED BT GEORGE TEMPLEMAN. 1846. DISTRICT OF COLUMBIA, to wit: Be it remembered, That on the 9th day of October, Anno Domini, eighteen hundred and thirty-eight, George Templeman, of the said District, deposited in this office the title of a Book, the title of whieh is in the words following: "Military Laws of the United States, including those relating to the Marine Corps; to which is prefixed the Constitution of the United States- compiled by Colonel Trueman Cross, U. S. Army," the right whereof he claims as proprietor, in conformity with an Act of Congress, entitled "An act to amend the several acts respecting Copy Rights." 1 EDMUND I. LEE, Clerk of the District. In testimony that the above is a true copy from the records of the District Court for the District of Columbia, I, Edmund I. Lee, the Clerk thereof, have hereunto [l. s.l set my hand and affixed the seal of my office, this 9th day of October, 1838. EDMUND I. LEE, Clerk. RECOMMENDATIONS. The following recommendations will enable the public to see the estima- tion in which this work is held by the chiefs of the different departments of the army, and the accounting officers who have charge of military accounts: May 26, 1S46. The compilation of the Military Laws of the United States, made by the late lamented Col. Cross, Assistant Quartermaster General, is a work which should be in the hands of every military man. As a book of reference, it is invaluable. It contains all the laws relating to the Army, Marine Corps, Volunteers and Militia, enacted from the foundation of the Government to the close of the 2d session of the 25th Congress. To make it complete, the military legislation of Congress since that time is necessary. This will be embraced in a third edition which is about to be published by George Tem- pleman, of this city, under the supervision of Capt. A. R. Hetzel, Assistant Quartermaster, and brought up to the close of the 1st session of the 29th Congress. The work is cordially recommended to the favorable notice of all who desire to possess a complete work on the military legislation of the country. I strongly recommend the republication of those laws, with the addition of the new acts and the correction of some errors in the last edition. WINFIELD SCOTT, Commander-in-chief U. S. Army. I fully concur in the above opinion. R. JONES, Adjutant General. And I. J* G. TOTTEN, Col. o/Eng's. The first edition of the military laws was compiled by the late Col. Cross, at my suggestion. The second edition was called for by the business branches of the army, from the conviction of the absolute necessity of such a work. I strongly recommend a third edition, embracing the legislation to the close of the present session of Congress. THOMAS S. JESUP, Quartermaster Gcn*l U. S. Army. I agree with the foregoing opinion. GEORGE GIBSON, Commissary General U. S. Army. I fully concur in recommending a third edition. N. TOWS ON, Paymaster General U. S. Army. And I. JOHN J. ABERT, Col. Topographical Engineers. And I likewise. G. TALLCOTT, Lieutenant Colonel of Ordnance. We fully agree in the opinions above expressed. HENRY STAUNTON, A:;st. Quartermaster Gen11 U. S. A. HENRY WHITING, Asst. Quartermaster GeriH U. S. A. TREASURY DEPARTMENT, Second Comptroller's Office, June 4, 1846. As an accounting officer of the Treasury, charged with the settlement 01 military accounts, I have found the compilation of the Military Laws, by Cross, to be highly useful in this office, as I am sure it must have been to all officers in the military service, and especially to those entrusted with the disbursement of money. I most cordially concur with the military gentlemen, in recommending the publication of a new edition. ALBION K. PARRIS, Comptroller of the Treasury. I concur with the Comptroller in recommending the publication of the edition as above. PETER HAGNER, Third Auditor U. S. Treasury. The book containing the Military Laws, which Captain Templeman pro- poses to publish, will be very useful to persons who have claims for pensions or bounty lands. J. L. EDWARDS, Commissioner of Pensions, NOTE TO THE SECOND EDITION. The many important laws which have been enacted since the year le>24, when the first edition of this work wras published, having rendered a second edition necessary, the Compiler of the first, at the instance of a friend, and with the sanction of the War Department, undertook to arrange the addi- tional matter, and supervise the publication of a second edition. Exercising, at the same time, two-fold official functions, he has not been able to give quite so much attention to the subject as it deserved; but he nevertheless believes that the execution is sufficiently accurate, and hopes the work will prove acceptable and useful to the service. ADVERTISEMENT. The subjoined letters, whilst they show the authority by which this com-. pilation is offered to the army, indicate the plan on which it was originally designed to be executed. It was soon perceived, however, from the mingled character of the legislation, that the arrangement suggested could not be adhered to—a single act often embracing provisions under each of the several heads of division. This indeed, the compiler, from an acquaintance with the few acts which had previously come under his observation, was already aware of and ought to have borne in mind ; but at the moment of the sug- gestion, he was rather looking to what should be, than to what was, the actual state of things. It wras not without reluctance that he undertook the task of pronouncing upon the repeal of the several laws : First, from a doubt of his ability— amidst a press of current duties which more than shared his attention, to de- cide accurately upon so many nice and difficult points,; and secondly, from a conviction, that the question of repeal is purely a judicial one, belonging to the competent tribunals to determine. It is, indeed, a right which they cannot surrender; one which no other power can legally exercise. With these impressions, the notes of the compiler have been made, and though they may be found expressed in terms somewhat positive, they should c>:!y be regarded as references, or passing admonitions, emanating from authority too humble to be taken as conclusive. WASHINGTON, December 24, 1824. Sir: I have had it in contemplation for some time, and am prompted to the suggestion at this moment by an increased sense of its importance, to propose, for the use of the army, a compilation of the acts of Congress rela- ting thereto. It would embrace all lawTs of that description, enacted since the formation of the present government, whether relating to organization, discipline, or administration; and if found convenient, would be arranged under those distinct heads, with a view to facilitate reference. The laws relating to the militia, might also be embraced in the shape of an appendix. The importance and necessity of such a work, are believed to be appa- rent. That usually denominated the " Blue J5oo/c," cannot, with propriety, be called a substitute for the one proposed. Besides being extremely defi- cient in matter, its arrangement is regarded as defective. The propriety of rendering all the penal laws accessible to those on whom they are to operate, is sufficiently obvious—and it is believed to be an ob- ject of some moment, that the laws relating to organization and administra- tion, though repealed or modified, should, also, be placed within the reach of the army. If they answer no other end by assisting in the fair interpre- tation of subsequent acts, they would, perhaps, be important, as presenting a complete and connected history of the military legislation—a point on which, there is some dearth of information. Scattered as those laws are at present, through six ponderous volumes of the statutes at large, it is scarcely possible that they ever can become sufficiently known. A copious index, with now and then a note of reference, indicating es- sential connections between laws of different dates, would be all that I should add to a naked copy of the laws themselves, taken from an authen- tic source. Should the proposition meet your approbation, I would, very cheerfully, devote my leisure to its accomplishment. I have the honor, &c. &c. T. CROSS. Hon. John C. Calhoun, Secretary of War. DEPARTMENT OF WAR, December 30, 1S24. Sir: I have received and considered your letter of the 24th instant, sug- gesting a compilation of the acts of Congress, relating to the army and the militia. The proposition meets my. entire approbation, and you are authorized to proceed to the execution of the work as early, and with as much despatch, as your other duties will permit. The plan laid down in your letter will be adhered to, should it not be found impracticable, from the nature of the laws^ to observe the classification proposed. As all the laws will be given, it is desirable, for the sake of practical con- venience, to distinguish such as have been repealed by subsequent enact- ments. A remark to that effect where it is obvious, and a note of reference to direct the reader's attention where it is matter of doubt, should, therefore, be inserted. I have the honor, &c. &c. J. C. CALHOUN. Maj. T. Cross, United States Army. LIST OF CONTENTS. Page. CHAP. 1. Constitution of the United States, ...... L CHAP. 2. Resolution of September 20, 1776, ------ 13 CHAP. 3. Resolution of April 14. 1777, ...... 30 CHAP. 4. Resolution of May 27, 1777, ....-- 31 CHAP. 5. Resolution of June 14, 1777, ...... 31 CHAP. 6. Resolution of June 18, 1777, ...... 32 CHAP. 7. Resolution of April 12, 17S5, ...... 32 CHAP. 8. Resolution of May 31, 1786, - - - - - - *»3 CHAP. 9. Resolution of October 3, 1787, ...... 38 CHAP. 10. An act to establish an executive department, to be denominated the depart- ment of war, August 7, 1789, ...... 39 CHAP. 11. An act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in congress assembled, and for other purposes therein mentioned, Septem- ber 29, 1739, ........ 40 CHAP. 12. An act for regulating the military establishment of the United States, April « 30, 1790, ......... 41 CHAP. 13. An act for raising and adding another regiment to the military establish- ment of the United States, and for making farther provision for the pro- tection of the frontiers, March 3, 1791, • • - - - 45 CHAP. 14. An act for making farther and more effectual provision for the protection of the frontiers of the United States, March 5, 1792, - - - -48 CHAP. 15. An act supplemental to the act for making farther and more effectual pro- vision for the protection of the frontiers of the United States, March 28, 1792,..........51 CHAP. 16. An act making alterations in the Treasury and War Departments, May 8, 1792,..........51 CHAP. 17. An act making an alteration in the flag of the United States, January 13, 1794, -..... 52 CHAP. 18. An act to provide for the defence of certain ports and harbors in the United States, March 20, 1794, - - - - - - 52 CHAP. 19. An act to provide for the erecting and repairing of arsenals and magazines, and for other purposes, April 2, 1794, ..... 53 CHAP. 20. An act for raising and organizing a corps of artillerists and engineers, May 9, 1794, - - - - - - - 54 CHAP. 21. An act supplementary to "An act to provide for the defence of certain ports and harbors in the United States, May 9, 1794, - - - 55 CHAP. 22. An act in addition to the "Act for making further and more effectual pro- vision for the protection of the frontiers of the United States," June 7, 1794,...... 56 CHAP. 23. An act to establish the office of purveyor of public supplies, February 23, 1795,......... 56 CHAP. 24. An act for continuing and regulating the military establishment of the Uni- ted States, and for repealing sundry acts heretofore passed on that subject, March 3, 1795, - - . - - - - - 57 CHAP. 25. An act allowing compensation for horses killed in battle belonging to offi- cers of the army of the United States, May 12, 1796, - - - 61 CHAP. 26. An act to ascertain and fix the military establishment of the United States, May 30, 1796, ........ 62 CHAP. 27. An act to amend and repeal, in part, the act entitled "An act to ascer- tain and fix the military establishment of the United States, March 3, 1797, ......... (.7 CHAP. 23. An act to provide for the further defence of the ports and harbors of the United States, June 23,1797, .... (j.s VIII CHAP. 29. CHAP. 30. CHAP. 31. CHAP. 32. CHAP. 33. CHAP. 34. CHAP. 35. CHAP. CHAP. 36. 37. CHAP. 38. CHAP. CHAP. 39. 40. CHAP. 41. CHAP. 42. CHAP. 43. CHAP. 44. CHAP. 45. CHAP. 46. CHAP. CHAP. 47. 48. CHAP. 49. CHAP. 50. CHAP. 51. CHAP. 52. CHAP. 53. CHAP. 54. CHAP. 55. CHAP. CHAP. 56. 57. CHAP. CHAP. 58. 59. CHAP. 60. CHAP. CHAP. 61. 62. An act to provide for the widows and orphans of certain deceased officers, March 14, 1798,........ . An act to provide an additional regiment of artillerists and engineers, April 27, 17P3,.......- , An act supplementary to the act providing for the further defence of the ports and harborsof the United States, May 3, 1798, . An act to enable the President of the United States to procure cannon, arms, and ammunition, and for other purposes, May 4, 1798, , An act to amend the act entitled "An act to amend and repeal, in part, the act entitled 'An act to ascertain and fix the military establishment oi the United States,'" May 22, 1798, - - - - ' . ■ ] . An act authorizing the President of the United States to raise a provisional army. May 28, 1798, - - - . - , An act supplementary to, and to amend, the act entitled "An act autho- rizing the President of the United States to raise a provisional army," June 22, 1798,.......- An act for the establishing and organizing a Marine Corps, July 11, 1798, An act to augment the army of the United States, and for other purposes, July 16, 1798,....... An act to alter and amend the several acts for the establishment and regu- lation of the Treasury, War and Navy Departments, July 16, 1798, An act to regulate the medical establishment, March 2, i799, An act giving eventual authority to the President of the United States to augment the army, March 2, 1799, ------ An act authorizing an augmentation of the Marine Corps, March 2, 1799, - - - -..... An act authorizing the President of the United States to fill certain vacan- cies in the army and navy, March 3, 1799, - An act for the better organizing of the troops of the United States, and for other purposes, March 3, 1799, ------ An act to suspend, in part, an act entitled "An act to augment the army of the United States, and for other purposes," February 20,1800, An act to fix the compensation of the paymaster-general, and assistant to the adjutant-general, April 22, 1800, - - - , - An act fixing the rank and pay of the commanding officer of the corps of marines, April 22, 1800, ..... An act for the regulation of the public arsenals and marines, May 7, 1800, An act supplementary to the act to suspend part of an act, entitled "An act to augment the army of the United States, and for other purposes," May 14, 1800,......... An act fixing the military peace establishment of the United States, March 16, 1802,......... An act in addition to an act, entitled "An act fixing the military peace es- tablishment of the United States," February 28,1803, An act directing a detachment from the militia of the United States, and for erecting certain arsenals, March 3, 1803, - An act in addition to "An act for fixing the military peace establishment of the United States, March 26, 1804, ..... An act for establishing rules and articles for the government of the armies of the United States, April 10, 1806, ..... An act authorizing the- employment of land and naval forces of the United States, in cases of insurrection, March 3, 1807, .... An act supplementary to an act, entitled "An acCfor fortifying the ports and harbors of the United States, and for building gun boats," January 8, 1808,.........- An act authorizing the sale of public arms, April 2, 1808, - An act to raise, for a limited time, an additional military force, April 12, 1808........- An act concerning public contracts. April 21, 1808, ... An act making provision for arming and equipping the whole body of the militia of the United States, April 23, 1808, - An act further to amend the several acts for the establishment and regula- tion of the treasury, war, and navy departments, March 3, 1809, - An act authorizing an augmentation of the marine corps, March 3, 1809, - An act making further appropriations to complete the fortifications com- menced for the security of ports and harbors of the United States, and to erect such fortifications as may be necessary for the protection of the north- ern and western frontiers of the United States, June 14, 1809, Page^ 68 69 70 71 72 72 76 78 80 82 83 85 89 96 96 97 97 98 99 106 106 107 107 123 124 124 125 128 129 130 131 131 I IX Page. CHAP. 63. An act to suspend, for a limited time, the recruiting service, June 28, 1809, - - - - - - - - - 132 CHAP. 64. An act for completing the existing military establishment, December 24, 1811,.........132 CHAP. 65. An act to raise an additional military force, January 11, 1812, - - 133 CHAP. 66. An act supplementary to "An act to raise, for a limited time, an additional militaiy force," passed on the twelfth day of April, one thousand eight hundred and eight, February 24, 1812, ..--- 138 CHAP. 67. An act supplementary to " An act to raise an additional military force," March 17,1812,........133 CHAP. 68. An act to establish a Quartermaster's department, and for other purposes, March 28, 1812,........139 CHAP. 69. An act in addition to the act entitled " An act to raise an additional military force," passed January the eleventh, one thousand eight hundred and twelve, April 8, 1S12,........143 CHAP. 70. An act for the organization of a corps of artificers, April 23, 1S12, - 144 CHAP. 71. An act making further provision for the corps of engineers, April 27, 1812, 145 CHAP. 72. An act to provide for designating, surveying, and granting, the military bounty lands, May 6,1812, - - - - - - - 147 CHAP. 73. An act for the better regulation of the ordnance, May 14, 1812, - - 148 CHAP. 74. An act making further provision for the army of the United States, May 16,1812, ......... 150 CHAP. 75. An act to amend an act, entitled " An act to establish a Quartermaster's department, and for other purposes," May 22, 1812, ... 151 CHAP. 76. An act for the more perfect organization of the army of the United States, June 26, 1812, ........ 152 CHAP. 77. An act respecting the pay of the army of the United States, July 6, 1S12, - 153 CHAP. 78. An act making further provisions for the army of the United States, and for other purposes, July 6, 1812, ...... 154 CHAP. 79. An act increasing the pay of the non-commissioned officers, musicians, privates, and others, of the army, and for other purposes, December 12, 1812, ......... 155 CHAP. 80. An act supplementary to the act, entitled " An act for the more perfect organization of the army of the United States," January 20, 1S13, - 156 CHAP. 81. An act in addition to the act, entitled " An act to raise an additional military force," and for other purposes, January 29, 1813, - - - 158 CHAP. 82. An act making provision for an additional number of general officers, February 24,1813, -------- 161 CHAP. 83. An act the better to provide for the supplies of the army of the United States, and for the accountability of persons entrusted with the same, March 3, 1813, ----- . - - 161 CHAP. 84. An act for the better organization of the general staff of the army of the United States, March 3, 1813, ...... ig.j CHAP. 85. Resolution requesting the President of the United States to cause to be prepared and laid before Congress a system of military discipline, March 3,1813,.........167 CHAP. 86. An act to amend the act in addition to the act, entitled " An act to raise an additional military force, and for other purposes," July 5, 1813, - 167 CHAP. 87. An act to regulate the allowance of forage to officers in the army of the United States, July 22, 1813, ...... 157 CHAP. 88. An act to authorize the appointment, by the President, of certain officers during the recess of the Senate, August 2, 1813, .... 1(53 CHAP. 89. An act supplementary to the act, entitled " An act for the better regula- tion of the ordnance, August 2, 1813, ..... 163 CHAP. 90. An act making further provision for filling the ranks of the regular army, encouraging enlistments, and authorizing the re-enlistments, for longer periods, of men whose term of service are about to expire, January 27,1814, 169 CHAP. 91. An act authorizing the President of the United States to cause certain regi- ments therein mentioned, to be enlisted for five years, or during the war, January 28,1814, - - - - - - . . 170 CHAP. 92. An act to raise three regiments of riflemen, February 10, 1811, - - 170 CHAP. 93. An act for the better organizing, paying and supplying, the army of the United States, March 30, 1814, ------ 171 CHAP. 94. An act authorizing an augmentation of the Marine Corps, and for other purposes, April 16, 1814, ------- 175 CHAP. 95. An act fixing the salary of the Paymaster of the army of the United States, and allowing a sum for the employment of additional clerks in his office, for the year one thousand eight hundred and lburteen, and providing for the appointment of assistant district paymasters, April 18, 1814, "• - 176 X CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. 97 93 99 100. 101 102, 103. 104, 105. 106. 107. 108. 109. 110. CHAP. 96. An act to provide for the collection and preservation of such flags, stand- ards, and colors, as shall have been, or mav hereafter be, taken by the land and naval forces of the United States,'from their enemies, April 1ft, 1814 ....----" , An act making further provision for filling the ranks of the army of the United States, December 10,1S14, - - - - " An act directing the staff officers of the army to comply with the requisi- tions of naval and marine officers, in certain cases, December 15, 1314, , An act for the better regulation of the ordnance department, February 8, 1S15, - -.......- An act fixing the military peace establishment of the United States, March 3, 1S15, ...------ . An act making further provision for military services during the late war, and for other purposes, April 16, 1816, - - " An act to increase the pensions of invalids in certain cases; for the relief of invalids of the militia; and for the appointment of pension agents in those States where there is no commissioner of loans, April 24, 1816, An act for organizing the general staff, and making further provision for the army of the United States, April 24, 1816, - - - An act to provide for cases of lost military land warrants, and discharges for faithful services, April 27, 1816, - - - - - An act concerning the annual sum appropriated for arming and equipping the militia, April 29, 1816, ------- An act to increase the compensation of the superintendents of the manu- factories of arms at Springfield and Harper's Ferry, April 29, 1816, An act to authorize the survey of two millions of acres of the public lands in lieu of that quantity heretofore authorized to be surveyed in the territory of Michigan, as military bounty lands, April 29, 1816, ... Resolution authorizing the President of the United States to employ a skil- ful assistant in the corps of Engineers, April 29, 1816, An act to provide for the prompt settlement of public accounts, March 3, 1817, ------... An act supplementary to an act, entitled " An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments, March 3, 1817, An act to amend an act, entitled " An act making further provision for military services during the late war, and for other purposes," March 3, 1S17, - >........ An act to fix the peace establishment of the marine corps, March 3, 1817, An act extending the time for obtaining military land warrants in certain cases, March 27, 1818, - - - An act to establish the flag of the United States, April 4, 1818, - An act regulating the stafi'of the army, April 14, 1818, - - An act regulating the pay and emolument of brevet officers, April 16, IS 18, An act respecting the organization of the army, and for other purposes, April 20, 1818, - - - - - ... Resolution directing the complelion of the survey of the waters of the Chesapeake Bay, and for other purposes, April 20, 1818, - An act allowing further time to complete the issuing and locating of land warrants, February 24,1819, - An act to regulate the pay of the aimy when employed on fatigue dutv March 2, 1819, - - - - . . . An act regulating the payments to invalid pensioners, March 3, 1819, An act authorizing the sale of certain military sites, March 3, 1819, An act concerning the allowance of pensions upon a relinquishment of bounty land, March 3, 1819, - - . . . An act in addition to the several acts for the establishment and regulation of the Treasury, War, and Navy Departments, May 1, 1820, An act further to regulate the Medical Department of the armv Mav 8 1820, - - - - . . . - - ' An act to limit the term of office of certain officers therein named, and for other purposes, May 15, 1820, -...'._ An act providing for the better organization of the Treasury Department" May 15, 1820, - - - . . . , An act to reduce and fix the military peace establishment of the United States, March 2, 1821, ..... "«"<=" An act to repeal the fourteenth section of "An act to reduce and fix the military peace establishment," passed the second day of March one thou- sand eight hundred and twenty-one, May 7, 1822, - ' . CHAP. Ill CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. Pag** 177 178 179 180 183 184 187 187 190 191 192 192 193 193 197 197 199 199 200 200 202 203 203 204 204 205 205 206 206 207 208 209 213 215 XI CHAP. 130. An act to continue the present mode of supplying the army of the United States, January 23, 1S23, 215 CHAP. 131. An act concerning the disbursement of public money, January 21,1823, 216 CHAP. 132. An act to establish a national armory on the western waters, March 3,1S23, 217 CHAP. 133. An act to allow further time to complete the issuing and locating of milita- ry land warrants, May 26, 1824, - - - - - - 217 CHAP. 134. An act for arming the militia of the District of Columbia, March 3, 1825, 217 CHAP. 135. An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes. March 3,1825, - - 219 CHAP. 136. An act to authorize the sale of unserviceable ordnance, arms, and military stores, March 3, 1824, ------- 219 CHAP. 137. An act concerning the United States' Arsenal in Georgia, May 20, 1826, 219 CHAP. 138. An act to authorize the Secretary of the War Department to purchase a site for an arsenal at St. Louis, in the State of Missouri, and to provide for the erection of an Arsenal on the same, May 20, 1S26, ... 220 CHAP. 139. An act regulating the accountability for clothing and equipage issued to the army of the United States, and for the better organization of the Quarter- master's department, May 18, 1826, - - - - - 220 CHAP. 140. An act giving further compensation to the captains and subalterns of the army of the United States, in certain cases, March 2, 1827, - - 222 CHAP. 141. An act authorizing an establishment of an Arsenal in the town of Augusta, in Maine, March 3, 1827, ....... 222 CHAP. 142. An act to prevent defalcations on the part of the Disbursing Agents of the Government, and for other purposes, January 25, 1828, ... 223 CHAP. 143. An act authorizing the establishment of an Arsenal on the waters of Mobile or Pensacola Bays, May 24, 182S, - 223 CHAP. 114. Resolution to authorize the President to loan the barracks at Sackett's Har- bor to the trustees of a scientific and military school to be established there, May 24, 1828, ........ 224 CHAP. 145. An act to continue Ihe present mode of supplying the army of the United States, March 2, 1829, ------- 224 CHAP. 146. An act to authorize the re-convevance of a lot of land to the mayor and corporation of the city of New York, May 10, 1S30, - - - 225 CHAP. 147. An act to alter and amend the sixty-fifth article of the first section of an act, entitled "An act for establishing rules and articles for the government of the armies of the United States," passed the tenth day of April, one thousand eight hundred and six, May 29, 1830, • - - - - 225 CHAP. 148. An act to exempt deserters, in time of peace, from the punishment of death, May 29, 1830, -------. 226 CHAP. 149. An act tp authorize the Secretary of War to purchase an additional quanti- ty of land for the fortifications at Fort Washington, on the river Potomac, March 2, 1831, - - - - - - - - 226 CHAP. 150. An act providing for the organization of the ordnance department, April 5, 1832, --.--.-... 227 CHAP. 151. Resolution respecting the pay of Marines, May 25, 1832, - - - 228 CHAP. 152. An act to authorize the President to raise mounted volunteers for the de- fence of the frontier, June 15, 1832, - - - - - 22S CHAP. 153. An act to increase the number of Surgeons and Assistant-surgeons in the army of the United States, June 28, 1832, - - - - - 229 CHAP. 154. An act making provision for the sale and disposition of the public grounds in the cities of St. Augustine and Pensacola, and to reserve certain lots and buildings for public purposes, and to provide for their repair and preserva- tion, June 28, 1832, ........ 229 CHAP. 155. An act supplementary to the several acts making appropriation for the civil and military service, during the year one thousand eight hundred and thirty-two, July 14, 1832, ....... 230 CHAP. 156. Resolution to repeal a resolution, approved the twenty-ninth of April, one thousand eight hundred and sixteen, authorizing the President of the Uni- ted States to employ a skilful assistant in the corps of engineers, July 14, 1832,..........230 CHAP. 157. An act concerning certain officers of the marine corps, July 14, 1S32, - 230 CHAP. 158. An act making appropriation for the support of the army, for the year one thousand eight hundred and thirty-three, March 2, 1S"3, ... 231 CHAP. 159. An act to improve the condition of the non-commissioned officers and pri- vates of the army and marine corps of the United States, and to prevent de- sertion, March 2, 1833, - - - - - - - 231 CHAP. 160. An act for the more perfect defence of the frontiers, March 2, 1833, - 232 CHAP. 161. An act to increase and regulate the pay of the Surgeons and Assistant-sur- geons of the army, June 30, 1834, - - - - - - 234 XII CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. CHAP. 185 CHAP. 186 CHAP 162. An act to regulate trade and intercourse with the Indian tribes, and to pre- serve peace on the frontiers, June 30, 1S34, - - - - 163. An act to provide for the organization of the department on Indian Affairs, June 30,1834, ........ 164. An act to provide for the payment of claims, for property lost, captured, or destroyed, by the enemy, while in the military service of the United Slates, during the late war with the Indians on the frontiers of Illinois and Michigan Territory, June 30, 1S34, - - . . - 165. An act for the better organization of the United States "marine corps," June 30, 1834, ........ 166. An act making certain allowances, and granting certain arrearages to the captains and subalterns of the United States corps of marines, June 30, 1834,.......... 167. An act making additional appropriations for the Delaware break-water, and for certain harbors, and removing obstructions in and at the mouths of cer- tain rivers, for the year one thousand eight hundred and thirty-five, March 3, 1835, - -....... 168. An act to render permanent the present mode of supplying the army of the United States, and fixing the salary of certain clerks therein named, March 3, 1835, -------- 169. An act making appropriations for the payment of the revolutionary and other pensioners of the United States, for the year one thousand eight hun- dred and thirty-six, April 14, 1836, ------ 170. An act providing for the salaries of certain officers therein named, and for other purposes, May 9, 1836, ...... 171. An act explanatory of the act entitled "An act to prevent defalcations on the part of the disbursing agents of the Government, and for other purpo- ses," May 20, 1836, - - - - 172. An act authorizing the President of the United States to accept the ser- vice of volunteers, and to raise an additional regiment of dragoons or mounted riflemen. May 23, 1836, - - - 173. An act to establish an arsenal of construction in the State of North Caro- lina, June 14, 1836, -------- 174. " An act to provide for the better protection of the western frontier," July 2, 1836, ..------- 175. " An act to authorize the appointment of additional paymasters, and for other purposes," J.uly 4, 18^6, ------ 176. An act for the purchase of certain rights of inventions of Captain Wm, H. Bell, of North Carolina, July 4, 1836, -. - 177. "An act to provide for the payment of horses and other property lost or de- stroyed in the military service of the United States," January 18, 1837, 178. An act to amend an act entitled "An act to provide payment for horses and other property lost in the military service of the United States," Octo- ber 16, 1837, - - - - - - 179. An act to increase the present military establishment of the United States, and for other purposes, July 5, 1838, - 180. An act supplementary to an act entitled " An act to increase the present military establishment of the United States, and for other purposes," ap- proved July fifth, eighteen hundred and thirty-eight, July 7, 1838, - An act to amend an act entitled " An act regulating the pay and emoluments of brevet officers," passed April 16, 1818, March 3, 1839, - An act giving to the President of the United States additional powers for the defence of the United States, in certain cases, against invasion, and for other purposes, March 3, 1839, ------ 183. An act to provide for the support of the Military Academy for the year one thousand eight hundred and forty, July 20, 1840, - - - - 184. An act further to continue in force the act for the payment of horses and other property lost in the military service of the United States, February 27, 1841,......... An act to repeal the act entitled " An act to provide for the collection, safe- keeping, transfer and disbursement of the public revenue," and to provide for the punishment of embezzlers of public money, and for other purposes, August 13,1841, -------- Joint resolution making it the duty of the Attorney General to examine into the titles of the lands or sites for the purpose of erecting thereon armories and other public works and buildings, and for other purposes, September 11, 1841, ------... 187. An actto provide for satisfying claims for bounty lands, for military services in the late war with Great Britain, and for other purposes, July 27, 1842, • 181. 182. Page. 234 212 247 249 250 251 251 252 252 253 254 255 253 257 253 253 261 261 267 268 269 270 271 271 273 XIII CHAP. 188. An act making appropriations for the support of the army and of the Mili- tary Academy, for the year one thousand eight hundred and forty-two, August 23,1S42, - - - - - - - CHAP. 189. An act to amend an act, entitled "An act to provide for the payment ot horses, or other property, lost or destroyed in the military service of the United States," approved the eighteenth of January, eighteen hundred and thirty-seven, August 23, 1842, ------ CHAP. 190. An act respecting the organization of the army, and for other purposes, August 23, 1842, -------- CHAP. 191. An act further to continue in force the act for the payment of horses and other property lost in the military service of the United States, March 3,1843, CHAP. 192. An act to repeal so much of the act approved the twenty-third of August, one thousand eight hundred and forty-two, as requires the second regiment of dragoons to be converted into a regiment of riflemen after the fourth day of March, one thousand eight hundred and forty-thiee, April 4, 1844, CHAP. 193. An act making an appropriation for the payment of horses lost by the Mis- souri volunteers in the Florida war, June 15, 1844, - - - - CHAP. 194. An act making appropriations for the support of the army for the fiscal year ending on the thirtieth day of June, eighteen hundred and forty-five, June 17, 1844, - - - - - - - - CHAP. 195. An act making appropriations for the support of the army for the year ending on the thirtieth day of June, eighteen hundred and forty-six, March 3, 1845, CHAP. 196. A resolution to suspend a part of the third section of the joint resolution of the eleventh of September, one thousand eight hundred and forty-one, re- lating to armories, February 13, 1845, - - - - t - CHAP. 197. An act providing for the prosecution of the existing war between the United States and the Republic of Mexico, May 13, 1846, - - - - CHAP. 198. An act to authorize an increase of the rcmk and file of the army of the United States, May 13, 1846, ...... CHAP. 199. An act for the organization of a company of sappers, miners, and ponto- niers, May 15,1846, - - - CHAP. 200. An act to provide for raising a regiment of mounted riflemen, and for estab- lishing military stations on the route to Oregon, May 19, 1846, CHAP. 201. An act supplemental to an act entitled "An act providing for the prosecu- tion of the existing war between the United States and the Republic of Mexico," and for other purposes, June 18, 1846, - - - - CHAP. 202. An act to provide for the organization of the volunteer forces, brought into the service of the United States, into brigades and divisions, and for the ap- pointment of the necessary number of general officers to command the same, June 26, 1846, ....... CHAP. 203. An act making appropriations for the support of the Military Academy for the year ending on the thirtieth of June, eighteen hundred and forty-seven, August 8, 1S46, - - - - - - - CHAP. 204. An act making appropriations for the naval service for the year ending on the thirtieth June, eighteen hundred and forty-seven, August 10, 1846, CHAP. 205. Resolutions, expressive of the sense of Congress of the gallantry and good conduct with which the reputation of the arms of the United States has been sustained by Major General Brown, Major General Scott, Major Ge- neral Porter, Major General Gaines, Major General Macomb, and Briga- diers Ripley and Miller, November 3, 1814, CHAP. 206. Resolutions expressive of the thanks of Congress to Major General Jackson, and the troops under his command, for their gallantry and good conduct in the defence of New Orleans, February 27, 1815, . - - - CHAP. 207. Resolution directing medals to be struck, and, together with the thanks of Congress, presented to Major General Harrison and Governor Shelby, and for other purposes, April 4, 1818, ------ CHAP. 208. Resolution presenting a gold medal to George Croghan, and a sword to each of the officers under his command, for their gallantry and good conduct in the defence of Fort Stephenson, in eighteen hundred and thirteen, February 13,1S35, .....-.-- CHAP. 209. A joint resolution presenting the thanks of Congress to Major General Taylor, his officers and men, July 16, 1846, .... CHAP. 210. A joint resolution to refund to States and individuals expenses incurred by them under calls for militia and volunteers made by Generals Gaines and Taylor, July 16,1846, ....... CHAP. 211. Joint resolution directing the payment of certain volunteers and militia, un- der the limitations therein prescribed, August 8, 1846, ... CHAP. 212. An act to repeal the act which abolished the office of one of the Inspectors General of the army, and to revive and establish said office, January 12,1846, Page. 274 274 275 277 277 278 279 279 2S0 2SO 282 282 284 285 287 283 2SS 289 290 290 291 291 292 292 293 APPENDIX. Pag?. CHAP. I. An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States, May 8, 1792, - - 295 CHAP. 2. An act to regulate the pay of non-commissioned officer-!, musicians, and privates, of the militia of the United States, when called into actual service, and for other purposes, January 2, 1795, ..... 299 CHAP. 3. Au act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; and to repeal the act now in force for those purposes, February 28, 171)5, - - - 301 CHAP. 4. An act providing arms for the militia throughout the United States, July 6, 1798,.........303 CHAP. 5. An act in addition to an act, entitled " An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," March 2, 1803, - - - - - 303 CHAP. 6. An act supplementary to an act, entitled " An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force lor those purposes," and to increase the pay of volunteer and militia corps, February 2, 1813, - 304 CHAP. 7. An act in further addition to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia through- out the United States," April 18, 1814, ..... 305 CHAP. 8. An act concerning field officers of the militia, April 20, 1816, - - 306 CHAP. 9. An act to defray the expenses of the militia when marching to places of rendezvous, April 20, 1818, - - - - - - - 306 CHAP. 10. An act 10 establish an uniform mode of discipline and field exercise for the militia of the United States, May 12, 1820, - - - - 307 CHAP. 11- Resolution directing a system of cavalry tactics, and a system of instruction for artillery, to be prepared for the use of the cavalry and artillery of the militia, May 18, 1826, ......... 307 CHAP. 12. An act providing for the printing and binding sixty thousand copies of the abstract of infantry tactics, including manoeuvres of light infantry and rifle- men, and for other purposes, March 2, 1329, .... 308 CHAP. 13. An act to provide lor the payment of volunteers and militia corps, in the service of the United States/March 19, 1S36, - - - - 30S CHAP. 14. An act for the payment of Florida militia called into service in the years eighteen hundred and thirty-nine and eighteen hundred and lbity, August 23,1842,.........310 INDEX. Page. Abandoning a post, penalty for, - - - • - • 23,115 Absentees from musters, - - - - - - - 16, 109 Absence without leave, - - - - - - 17, 21, 111, 114 from camp more than one mile without leave, prohibited, • - 21, 114 from parade prohibited, ------ 22, 114 Abuses and disorders, redress of, - - - - - - 19, 112 Abuse of arms, accoutrements, tools, &c. ..... 181 Academy, military, constituted, - - - - - -, 105 superintendence of, - - - - 105 books and apparatus, to be provided for, ... 105 teachers of French and drawing authorized, • - - 106 number of professors increased, .... 145 staff of, not entitled to any command in the army, • - 145 cadets may be attached to, as students, - *- - 146 appropriations for erecting buildings, and procuring library for, - 146 professors, instructors, &c, at, their duties and pay, - - 270 board of visiters, President authorized to appoint, - - 288 how selected, - - - - 288 compensation of, - - - - 288 teacher of drawing at, to be professor of drawing, - - 288 first teacher of French, to be professor of French language, - 288 Accounts, rendition of, - - - - - - 162, 163,216 prompt settlement of, &c,' - - - - 193, 194, 195, 196 failing to render, penalty for, ..... 216 Advising desertion, penalty for, ...... 17,111 Administration of justice, ...... 33 Advances of public money prohibited, ..... 216 Adjutant General, appointment of, authorized, .... 214 deputy, President may appoint, .... 154 act regulating brevet pay to include, .... 268 Adjutant General's Department, organization of, .... 164, 266 additional officers of, authorized, - - 282 appointments to continue dur- ing exigencies of service, - 286 Agent of the Treasury to be designated, ..... 209 to superintend suits against delinquents, - - - 209 Agents, military, authorized, ...... 99 pay of, -.----- 100 duties of, ...... 103 abolished, - - - - - -142 public, appointment and duty of, - - - - 130 to give bonds, ...... 130 disbursing, defalcation of, - - - - - - 223, 253 Aids-de-camp, what officers entitled to, - - - 43, 94, 161, 183, 214 from what grades taken, - - - 45,92,183,214,286 Alarms, false, - - - - - - - * 22, 115 Amendments to the Constitution, ...... 11 Ammunition, waste and sale of, - - * - 21, 113, 114 Apothecary-general, and assistants, appointment of, authorized, - - - 83 to give bonds .----• 208 appoinment of, limited to four years, - - - 208 Appropriations, transfers of, limited and restrained, .... 197, 207 XVI • Page. Appeal may be taken from the decision of the auditor, - - - 274 Appendix, embracing militia laws, - - - " "ion o Arming and equipping militia, . - - - - -129,191 Armory on western waters, site for, ... - 217 Armorer to each regiment and battalion, ... - - 203 Armories, national, established, ------ 5o, 71 number of workmen at unlimited, • - - - 129 placed under the direction of the Ordnance Department, - 181 expenses and operations to be reported annually, - - 71 superintendents of, authorized, - - - - - 53 compensation of, - - - - 53,97, 192, 267 abolished, ..... 275 duties of, performed by officers of Ordnance Department, - 275 pay of master armorers, inspectors, clerks, See. at, limited, - - 275 Arms, casting away, ....--- 23,115 public sale of, - - - - - - - 124 distribution of, among the States and Territories, - - - 129 to the District of Columbia, - - - - 217 accoutrements, &c, selling, losing, or spoiling through neglect, - - 21,113 captains of companies or troops accountable for, -, 21,114 commanding officers to report damages done to, - - 181 repair of damages done to, - - - - 181 President authorized to purchase, 71 loan of, to militia and volunteers, ..... 75, 77 unserviceable, inspection and sale of, authorized, ... - 219 Army officers not to be separated from their corps, .... 267 regulations to be prepared, binding, &c. ... 163,165,189 Arrears of pay not to exceed two months, - - - - 56, 102, 136, 159 payments to persons in, prohibited, ..... 223 Arrest of officerss, - - . . . . 27,36 119 breach of, - . . . . . 27', 36,' 119 and confinement, limitation of, 27, 36, 119 of soldiers for debt, prohibited, - - - 65, 76, 79, 91, 137, -MS---■ of superior by junior, authorized, to quell frays, - ""-—-"* -18,111 Arsenals, establishment of, authorized, - - 53, 129, 219, 220, 222, 223, 255 additional numbers of, to be established, .... 129 on the western waters, appropriation for, .... 106 and magazines, regulation of, - - - . .97 and armories, artificers and workmen employed in, exempt from military service, and service as jurors, - - - 98 paymasters at, pay of, limited, ... 275 to give security, ... 276 storekeepers at, pay and numbers of, limited, - - 276 to give security, ... 276 Articles of war established, - - . . . -13 107 alterations of, - . . . . 151) 226* 232^ 225 to be read to the troops in garrison, • - . - 29 123 to be read to recruits at the time of enlistment, - - - is' 109 officers to subscribe to. .... 13' jq^ declared applicable, 33, 39, 41, 44, 60, 66, 86, 101, 122, 135, 143," 158,'214 Artificers, corps of, authorized, - - . . . 144 Actillery officers, gunners, &.c, subject to militarv law, - - . ".28 1°° organization of a battalion of, . . ' ^ , i f ^ a regiment of, - . . 89,99,125^133,213 conductors of, authorized, - . . . 142 ir> 2oq officers of, to perform ordnance duty, - . . .' "' o\t courts martial for trial of persons belonging to, - . 90 inspectors of, authorized, - - . . . "09 regiments of, formed into a corps, - . . . -m rank and file of, increased, . . . . - 282 . ,.„ . when to be reduced, .' . . 989 Artillerists and engineers, corps of established, . . . I 54 to be completed, - - . . ., f„ additional regiment authorized, - ' ^ Assignment of pay, declared invalid, ... £, Attorneys, duties of, in regard to suits, '. 0,i Auditors, additional number of, authorized, - - fnf duties of, in settling public accounts, - ." ." 19/ 1 or, 9^ empowered to administer oaths, - - . ' y ' itz XVII Page. Auditors, franking privilege allowed to, - - - - - 196 salaries of, - - '- - - - 196 Auditor, appeal may be taken from decision of, - ' - - • 274 B. Bank notes, what denomination may be offered in payment, ... 252 Battalion of Artillery, organization of, 42 of Infantry, organization of, 4S of Riflemen, organization of, - - - - . 92 regiments of Artillery to be organized into, - - - - 171 of mounted Rangers to be raised, - -' - . . 228 Barracks at Sackett's Haibor may be loaned, - .... 224 Barrack-masters, appointment of, authorized, .... 1,32, 166 discontinued, ...... 201 Behavior, scandalous and infamous, punishment for, - - . - 36 Bell, Capt. W. H., patent rights purchased, ..... 25S Bombardiers, company of, authorized, - 145 abolished, ..... 213 Bonds of disbursing agents, President to regulate, .... 20S Bounty land, allowance of, .... 132> i35> i57t 178> 26(i survey and granting of, - - . . 147,186,192 relinquishment of, lor pensions, - ... 135 198*206 transfers of, prohibited, ' igg' 967 abolished, - - - - . . . 268 warrants for, v/hen and how to be entered and located, - . 273 certificates of location of, not assignable, - 273 Bounty to recruits, - - - 45, 48, 58, 63, 72, 81, 91, 102, 132, 135, 169 abolished, ---... 232 266 for re-enlisting - - - . . . . "' 239 Breach of arrest, penalty for, - - - . . 27 36 119 Brevets, or former commissions, when to take effect, - - . -'24'116 Brevet 1 ank, President anthorized to confer, ..... '155 conferred on staff officers, - jgj concurrence of Senate required in conferring, ... £02 not to be conferred for ten years' service, - 250 pay of, limited, ...... 202 to be conferred on officers of Marines, - . . yjo Bribe, commissioners of musters receiving, - - . . - 16 110 Brigade, two regiments shall constitute a, - - . -92 Brigadier Generals, two additional, authorized, .... 2 l'5 false, penalty for, • . - . . \ lfi Challenges to fight duels, prohibited, - . . \ * ]5» J™ upbraiding for refusal to accept, - - . \ ik 119 to members of comts-martial, - . . . jiu Chaplain, undue absence of, penalty for, - . . "14 one authorized to each brigade, - . \ ir-" illi!^ one authorized to Military Academy, . . " ' ^«,,, one authorized for each military post, ..." .,* XVIII Page. Chaplains, number limited to twenty, ..... 268 Chesapeake Bay, fortifications for protection of, 203 Chief Magistrate of any of the United States, penalty for speaking disrespectfully of, 1"^ Civil authority, offenders against, to be delivered up to, - - - 19> H* Clerk, chief, of War Department, appointment of, authorized, - - .40 duties and oath of, - - - .40 Clerks, in Quartermaster General, and Commissary General's offices, compensation of, I4* additional nninber of, authorized, ..... 253 in Military Bureaux, compensation of, authorized and regulated, - - 253 extra, prohibited, - - - 253 of Circuit and District Courts, duties of, in respect to suits, - - 212 of Paymasters, employment of, authorized, and compensation fixed, - 265 Clothing, allowance prescribed, - - - 33, 43, 50, 5S, 64, 95, 101, 134, 283 alteration of, and provision for expense of, - - - .95 Paymasters to have charge of, - - - - .99 surplus, may be furnished to Paymasters, .... 101, 135 President to prescribe kind and quantity of, - - - .- 172, 189 manner of issuing and accounting for, to be prescribed by regulations, - 189 purchase of, from soldiers, prohibited, - - - 61, 65, 104 allowed to enlisted men of Ordnance, .... 182 not drawn to be paid for, ---.-- 189 due to discharged soldiers to be paid for, - - - - 189 extra articles of, issued, deducted from soldier's pay, ... 189 accountability for, prescribed by law, .... 221 selling of, penalty for, ...... 21,113 volunteers and militia allowed money in lieu of, - - -281,286 Command of mixed detachments, - - - - • - 24, 116 Commanding officers to make monthly returns to Department of War, - - 110 responsible for redress of grievances, - - -19,112 Commander of company, additional pay to, - - - - - 222 Commissions to be given by the President, ..... 7 Commissioned officers to be citizens of the United States, ... 127 how they may be dismissed, - - - 26, 36, 109 Commissary General of purchases and deputies, appointment, duties, and salaries of, 140,189, 214 not to deal on their own account in ar- ticles appertaining to their depart- ment, - - 141, 151, 152 to give bond, - - - 141 franking privilege allowed to, - 141 abolished, - - - 276 duties of, by whom to be performed, - 276 Commissary General of subsistence, appointment, duties, and salary of, - - 201, 214 franking privilege allowed to, - - 202 assistants of, appointment, duties, and salaries of, 201, 214, 224 and assistants to give bond, - - 201 not to deal in any article entering into the composition of the ra- tion, - - - 202 subject to martial law, - - 202 tenure of office, - 202, 215, 224, 251 Commissaries and assistant commissaries, additional number of, authorized for a limited time, ... - . . . . 286 Commissary General of Ordnance, appointment, duties, rank, and pay of, - - 148 Commissary of musters, duties of, - - - - - 16, 109, 110 receiving bribes, penalty for, - . . -16,110 certificates, when to be given to, - - 109 when, shall be displaced, &c. .... no Compelling a commander to surrender, penalty for, - - - -24,116 Comptroller, one additional, established, ..... 194 first and second, duties and salaries of, - - - - 195, 196 franking privilege allowed to, ... 196 second, decision of, conclusive, • - - . 274 Conduct unbecoming an officer and gentleman, penalty for, - - 27, 36, 119 Conductors of Artillery, appointment and pay of, .... 142 to be taken from 2d Lieutenants of companies, - - 172, 203 extra pay and duties of, 172, 203 Convenient of soldiers charged with crimes, - - - 27, 36, 119 limitation of, - - - - 27.36, 119 XIX Page. Congress, penally for speaking disrespectfully of, - - - - 14, 108 members of, not to engage in public contracts, ... 128 thanks of, voted to Major General Brown, Sic. ... 289 Major General Gaines, Sic. ... 289 Major General Macomb, Sic. ... 289 Major General Jackson, Sic. - - - 290 Major General Harrison, Sic. ... 291 Governor Shelby, Sic. .... 291 Major General Taylor, Sic. ... 291 Constitution of the United States, ------ 1 amendments to the, ------ 11 Contempt or disrespect towards commanding officer, - - - - 14, 108 Contemptuous or disrespectful words against the President, Vice President, Congress, &c. . . . - . - - - 14, 108 Contracts for military supplies, how to be made, ... 82, 130, 131 to be filed in Comptroller's office within ninety days, - - - 83 act concerning, ...... 128 statements of, to be reported to Congress annually, ... 129, 131 proposals for, to be invited by advertisement, ... 131 Members of Congress not to engage in, ... - 128 not to be made without authority of law, .... 207 no advance of money to be made on, 216 for subsistence and clothing, how to be made, .... 207 for quartermaster's department, .... - 207 Colors, leaving of, in search of plunder, penalty for, - • • - 24, 115 and standards captured, disposition of, .... 177 Correspondence with the enemy, penalty for, - - - - - 23, 116 Corporeal punishment, limitation of, - - - 29, 37, 120 abolished, ... ... 151 revived in case of deserters, .... 232 Council of administration, ...... 265 Courts-martial, general, organization of, - - - 24,25, 33, 117 by whom to be ordered, ... 34, 117, 225 sentences of, how to be acted upon, 26, 31, 34, 65, 101, 117, 120 proceedings of, to be filed in the War office, - 29, 37, 120 party tried entitled to a copy of, - 30, 37, 121 compensation for attending, ... 104, 137 when not sufficient number of officers to form, - - 120 regimental, organization and powers of, - - 26, 34, 117 by whom to be ordered, - - - 26, 34, 117 garrison, - - - - - - 26, 34, 117 members of, how to take rank, - - - 24, 34, 116 behavior and mode of voting of, - - 25,35, 118 conduct in presence of, .... 25,35, 119 hours of proceeding of, - - - - 25, 35, 119 militia subject to be tried by, - - - - - 28, 29 artillery, ...... 28 Courts of inquiry, organization, rules of proceeding, and powers of, - 37, 38, 121 prohibited, unless directed by the President, or demanded by the ac- cused, ..... 37, 38, 121 Cowardice, punishment for, - ... 23,27,36, 120 Crimes, capital, officers and soldiers accused of, to be delivered over to civil authority, 19, 112 any officer refusing or neglecting to deliver over persons accused of, penalty for, ..... 19, 112 not capital, Sic, punishable, - - - - - 30, 123 against the United States to be punished, .... 218 Criminal offences, persons convicted of, not to be enlisted, ... 232 Croghan, Colonel, gold medal voted to, 291 D. Death, sentence of, - - - - - - 29, 35, 37, 120 not applicable to deserters in time of peace, - - - 226 Debt, arrest of soldiers for, - - - - 20,65, 76, 91, 137, 156 Delinquent debtors to be reported, - - - - - - 196 warrants of distress to be issued against, ... 209, 211 may appeal from warrants of distress, ... 211 Department of War established, ...... 39 Depositions of witnesses may be taken, - - - • - 35, 118 XX Page. Deserters, carrying away, - - - - - 61, 65, 104, pursuit of, and reward for apprehending, - - - - ,q may be tried after expiration of enlistment, - - - - 10*5, in time of peace, exempt from punishment of death, - - "ill officers receiving, - - - - - ' „„. OQn Desertion, penalty for, - - - 17, 65, 103, 110, 120, 136, 151, 226, -d« advising, penalty for, - - - - - - 1/' ** procuring or enticing, penalty for, - - - -61, 65, 104, lot> to be promptly reported to the commanding officer, - *z Desttuction of property on march prohibited, - - - - - 23, 115 Disrespect or contempt towards a commanding officer, - - - - 14, 10° Disrespectful or contemptuous words against President, Sic. • - - 14, 10b Discharge of commissioned officers, ..... 109 non-commissioned officers and soldiers, ... 15, 36, 109 Discharged officers and soldiers, travelling allowance to, • - 95, 104, 137, 160 Disputes, courts-martial for the decision of, - - - - 2o Discipline, military, system of, to be prepared, .... 167 Dismissal of officers failing to render accounts, - - - - 216 Divine service, troops advised to attend, - - - - - 14, 107 deportment at, - - - - - - 14, 107 Division, organization of, - - - - - - " . o Dragoons, organization of a troop of, 125, 153, 172, 282 of a squadron of, - • - - - 48 of a regiment of, - - - 80, 125, 133, 172, 233, 282 regiment of, established, ------ 233 additional regiment authorized, pay of, Sic. - - - - 255 pay of, when mounted, ------ 233 when not mounted, ..... 233 reduced, ....... 275 second regiment of, converted into riflemen, - - - - 275 act converting second regiment of, into riflemen, repealed, - - 277 second regiment of, to be remounted, .... 278 rank and file of, increased, .... - 282 when to be reduced, .... 282 Drunkenness on guard or other duty, penalty for, - - - -22,114 Duty, hiring of, ....... 22,114 conniving at the hiring of, - - - - - - 22, 115 Duels, challenges to fight, giving or receiving, prohibited, and penalty for, - - lo, 111 persons going out to fight, to be arresied, - - - - 111 upbraiding another for refusing to fight, penalty for, ... IS, 112 E. Effects of deceased commissioned officers, - - - - - 28, 1S2 soldiers, - - - - - -28, 122 Embezzlement or misapplication of military stores, .... 21, 113 of public money, - • -21, 114, 272 Enemy, relieving the, ------- 23,116 harboring and protecting the, ..... 23,116 officers and soldiers compelling a commander to give up to the, - - 24,116 holding correspondence with the, ----- 23, 116 public stores taken from, to be secured, .... 23,116 Engineers and artillerists, corps of, established, - - - - 54 to be completed, - - - - 58, 63 President to appoint two, ..... 94 Engineer corps, may be organized, ------ 105 shall be stationed at West Point, .... 105 shall constitute a military academy, .... 105 increased, - - - ' - - 105, 145, 262 subject to rules and articles of war, .... 122 officers of, not to assume command, - - - - 116 officers of, to superintend works, .... 266 a company of sappers, miners and pontoniers added to, - - 282 chief of, to prescribe the description and quantity of vehicles, pontons, implements, Sic, for use of sappers, miners, and pontoniers, - 283 Engineer, skilful assistant, to be appointed, ..... 193 abolished, ..... 230 Enlistment, term of, - - - 42, 48, 58, 63, 72,102, 132, 135, 157, 169, 282 bounty for, - - - 45, 48, 58, 63, 72, 81, 91, 102, 132, 135, 157 XXI Page. Enlistment, oath to be taken on, - - - - - - 15, 109 of persons under twenty-one years of age prohibited, unless with the consent of parent or guardian, - ' - - 102, 135,157, 159, 169 binding on persons under twenty-one years of age, - - **-' — " " 178 of criminals prohibited, .... - 232 of an apprentice, the master entitled to a portion of the money bounty, - 178 Enticing desertion, penalty for, - - - - -61, 65, 104, 136 Establishment, military, (see military establishment.) Exclusive jurisdiction over disputed territory in Maine, ... 269 Extra expenses incurred by officers, allowance for, ... 104, 137, 160 compensation to soldiers on fatigue duty, .... 204, 284 issues of spirituous liquors to soldiers on fatigue duty, - - - 95, 204 commutation for, .... 284 allowances prohibited, ...... 274 Fatigue duty, pay of soldiers employed on, ..... 204, 284 Fines, collection and application of, ..... 30 Flag of the United States established, ..... 31 altered, ----- - 52 further altered and established, ... 200 Flags, standards, and colors, captured, to be preserved, - 177 Forage, to what officers allowed, - - - - 43, 45, 65, 90, 101, 125, 126 money in lieu of, - - - 43, 45, 49, 63, 65, 84, 90, 101, 167, 190 allowance of, regulated, ...... 279 shall be allowed only for horses actually mustered, ... 279 for volunteers and militia, money in lieu of, - - - - 287 masters, appointment of, authorized, .... 142, 166 not to deal in articles of forage, - - - - 142 pay of, - - - - - - - 142 abolished, ...... 201 re-established, ...... 263 Fortifications, for defence of ports and harbors, erection of, authorized, 52, 55, 68, 70, 124, 131 garrisons of, - - - - - - 52,55 arming of, - - - - - - - 53, 55 the President to receive cessions of lands for, - - 53, 55, 68 land to be purchased for, ..... 53, 226 to be repaired or completed, .... 70, 124, 131 marines liable to do duty in, - - - - - 79 inspector of, authorized, - - - - - 94 pay and rank of, - - - - - 94 on sea-board and frontier, repairing, arming, Sic - 270 Foundries, to be established, ------ 71 expenses and operations of, to be reported annually, - - - 71 a person to be employed to superintend the manufacture of iron cannon at, 276 Fraud, officers cashiered for, sentence to be published, - - - 27, 36, 120 Frays, quarrels, and disorders, quelling of, - - - - - 18, 111 Furloughs to non-commissioned officers and soldiers, - - - - 16, 109 Franking privilege, to whom allowed, 1 - ' - - 57,141,155,196,202,265 G. Gaines, Major General, thanks and medal voted to, - - - 289 General staff, organization of, as such, .... 164, 187, 200, 263 officers of, authorized, 45, 63, 67, 74, 92, 99, 134,150, 151,154, 213,214,262, 263 additional officers of, authorized for a limited time, - - - 286 clothed with brevet rank, - - - - - 164, 165 officers of, not to hold commissions conferring equal rank in the line, - 286 Gratuity to disbanded officers, - - - - 93, 105, 173, 184, 201, 215 to discharged soldiers, . . . - to disbanded warrant officers, ... Grievances of commanding officers, redress of, of inferior officers and soldiers, redress of, - Guard, leaving before duly relieved, ... drunkenness on, - officers commanding, not to suffer persons to go forth to fight duels, 98, 132, 266 . 198 20 ,30, 113 . 20, 113 . 22, 114 . 22, 114 - 18, 111 XXII H. Page. Harbors and ports, defence of, - - - - 52, 55, 68, 70, 124, 131 Harrison, Major General, thanks and medal voted to, - - - 291 Hiring of duty, prohibited, ...... 22,114 conniving at the, ...... 22,114 Horses of officers killed in battle, compensation for, - - - -61,62 proof of value of, - - - - 62 and other property lost or destroyed in service, to be paid for, 258, 261, 271, 274, 277 public, selling, losing, or spoiling, ..... 21,113 and equipments turned over to the service of the United States, compensation for, 274 and equipage lost by Missouri Volunteers in Florida war, to be paid for, - 278 acts relating to claims for, revived, ... 279 volunteers to receive pay for use and risk of, - - - - 282 not keeping themselves provided with, to serve on foot, - - 282 Hospitals, military, temporary and permanent, to be provided, - - .85 stewards of, one to each, - - - - .83, 134 appointment and duties of, - - - - 83, 134 to have the compensation of sergeants, - - 263 nurses and other attendants in, appointment and pay of, - - 83, 84 Indians, President authorized to employ, in certain cases, - - - 50 to receive compensation for ground for erection of military stations, - 285 Indian tribes, trade and intercourse with, regulated, ... 234—242 affairs, department on, organized, ..... 242 Infantry, organization of a regiment of, 42, 48, 62, 80, 89, 99, 125, 153, 158, 213, 261, 282 one additional regiment authorized, ----- 261 two regiments of, may be equipped as riflemen, ... 265 one regiment as light infantry, ..... 265 number of privates in companies of, reduced, - - - - 275 rank and file of, increased, ..... 282 when to be reduced, .... 282 Inquiry, courts of, organization of, ----- 37,38,121 powers of, and rules of proceeding, - 37,121 prohibited, unless directed by the President, or demanded by the ac- cused, - - - - - - 37, 121 Inspectors, appointment of, authorized, - - - - 42 duties and pay of, - - - - - - 42 of Artillery, .......82 duties, rank and pay of, - • - - 82 of fortifications, to be appointed, 94 Inspectors General, appointment of, authorized, -- - - 74,134,214 rank and pay of, - - - - 74, 134,214 additional pay of, - . - - - 96 to be allowed a secretary, • - - - 96 allowed two assistants, ..... 134 one abolished, ...... 276 re-instated, ..... 293 Inspector General's department organized, ..... 164 of division, compensation of, increased, ... 201 Insurrection, suppression of, - - - - - - 123 Invalid pensioners, provisions relative to, - 43, 60, 66, 102, 136, 159, 187, 205, 284 of militia and volunteers, provisions for, - - 185,187,281 Invasion, President authorized to accept the services of volunteers in the event of, - 269 Imprisonment of non-commissioned officers and soldiers, - - 27,36,119 limitation of, - - - 27,36, 119 Jackson, Major General, thanks and medal voted to, - - . 290 Judge advocate, duties and oath of, - - - 25,117,118,120,121 special appointment of, - - - - - 67, 104 compensation of, - - - - - - 67, 104 Justice, administration of, 33 Jurisdiction, exclusive, over military sites, ... 5 over disputed territory in Maine, - - - 269 over lands or sites for military or other public purposes, - 273 XXIII Page. Land not to be purchased on account of United States without authority of law, - 207 lot of, to be conveyed to corporation of New York, - 225 for fortification's at Fort Washington, ----- 226 military bounty, allowance of, ... 132, 135, 156, 178, 186, 266 survey of, - - - - - 147, 186, 192, 266 relinquishment of, for pensions, - - - 185, 198,206 transfers of, invalid, - - • - - 186 restricted, - 267 warrants to be issued, - - - - - -147 remedy for loss of, - - - - - 190 time for procuring, extended, - - - - - 199 time for issuing and locating, extended, - - - - 204, 217 which remain unsatisfied may be entered, ... 273 time for issuing and locating, further extended, ... 273 time for procuring, further extended, .... 273 to be located within five years, .... 273 certificates of location of, not assignable, - - - 273 Lands or sites for military or other public purposes, attorney general to examine titles jurisdiction over, ...... 5 acquisition of, authorized, ..... 53 sale of such as may become useless, .... 205, 206 officers to furnish title papers of, to attorney general, - - 272 no public monev to be expended upon, until the validity of the titles be established, " - - - - - - 272 district attorneys to furnish assistance and information in relation to titles of, - - - - - - 272 secretaries of departments to procure evidence of title to, - - 272 secretaries of departments to apply for a cession of jurisdiction over, - 273 Leaving post or colors in search of plunder, - - - - - 24 Legion to be completed, - - - - - - -58 formed into regiments, ------ 63 Legislature of any of the United States, penalty for speaking disrespectfully of, - 108 Lieutenant General, appointment of, authorized, - - • - 73 title of, abolished, ..... 92 Limitation of the term of certain officers, ..... 208 of time for trial of offenders, - - - - - 120 Liquors, spirituous, extra issues of, authorized, - - - - 95, 205 commutation for, .... 284 other articles substituted for, in the ration, - - 107, 264, 265 Lying out of quarters without leave prohibited, .... 22,114 Losing horses or equipments through neglect, - 21,113 M. Macomb, Major General, thanks and medal voted to, - - - - 289 Magazines and arsenals to be erected and repaired, - - - - 53 regulated, ------ 97 keepers of, to make returns, - - - 1S1 Maine, jurisdiction over disputed territory in, .... 269 Major General, -------- 214 one additional, authorized, ----- 2S5 Major Generals, number of, to be reduced, ..... 2S5 and brigadier generate, such number of, authorized as the organization of the volunteer forces may render necessary, 287 when shall be discharged, - - 287 Marine Corps, established and organized, ----- 78 acts relating to, - 78, 88, 97,131, 175, 199, 22S, 230, 231, 249, 250, 288 commandant of, - - - ... - 97 oath of officers and privates of, 79 term ofenlistments in, 78, 131, 249 subject to rules and articles of war, - - - - 79 detachments of, on board ships, - - - 79 liable to do duty in forts and garrisons, Sic - - - 79 supply of, when co-operating with land troops on shore, - - 179 requisition of officers of, to be complied with, ... 179 officers of, may be associated with those of the land forces, on courts- martial, -- - - - - -117 XXIV Page. Marine Corps, non-commissioned officers and privates of, exempt'from arrest for debt, ' allowance to officers and privates of, in case of wounds, Sic. - ' certain allowances extended to officers of, - " . " no payment to be made to any officer of, by virtue of a commission of brigadier general by brevet, ... - - Marshals, duties of, in regard to suits, ..... ~l* Medical Department, establishment of, - " • " " ' M officers of, subject to rules and regulations of the army, - &~ board may be called, ..... "954 to examine surgeons and assistant surgeons, - "' staff, organization of, - - 83, 99, 107, 134, 165, 188, 200, 201, 214 increased, ...... 229,257,267 pay of, regulated, ....-- 2J4 increased, - - - - ■ ^jj additional officers of, authorized for a limited time, - - 286 Memphis, law in relation to expenditure of public money upon land, suspended in case of naval depot at, - - - - - - " «- no Menacing words or gestures in presence of courts-martial, - - 26, oj, ll» Militia, when in pay of United States, subject to rules and articles of war, - 28, 46, 122 officers to give precedence to like grades in the regular army, - - 29, 122 President authorized to call out, in aid of the regular forces, 41, 44, 46, 269, 280 exempt from military duty on furnishing recruits for the war, - - 17J arming and equipping, .... - 129, 191, 217 to be paid by paymasters of the regular army, - - - - *'" provision for invalids of the, .... 185, 13/, 281 widows and children of the, ... - 185, 1J7 f>ay of, when in service, ..---- 270, 282 aws relating exclusively to the, .... 295 oil to serve for a term not exceeding six months, . - - - 269, 280 to have the organization of the army of the United States, - - 270, 282 President to organize into brigades and divisions, - - - -<- 5 money in lieu of clothing for, ..... 2S6 of subsistence and forage for, ... - 287 and volunteers, called out by General Gaines, Secretary of War to cause to be paid, - - -293 states or individuals having paid expenses or transportation of, to be refunded, - - 293 surgeons, assistant surgeons, quartermasters and commissa- ries of, compensation for, - 293 Military Academy, (see academy, military.) Military establishment of 1785, ..---- 32 of 1787, ..-.-- 39 of 1789, . • - - - - - 40 of 1790, ...--- 41 limited, - - - - - 44 increased, - - - - 45,48, 54 ofl795, ...... 57 of 1796, ...... 62 modified, ..... 67 increased, ..... 69,80 further increased provisionally, - - - 85 organized, - - - - -89 reduced, ..... 99 of 1802, ...... 99 increased, .... 106, 107, 125 completed, ..... 132 of 1812, ...... 133 increased, - - - 133, 150, 154, 158, 161, 170 organized, .... 152, 156, 171 reduced, ..... 183 of 1815, ..... 183, 188,200 reduced, ..... 213 ofl821, ...... 213 increased, ..... 261 reduced, ..... 275, 277 increased, ..... 284, 285 agents, authorized, ...... 99 XXV Page. Military agents, pay of, - - - - - - * 1(^ duties of, - - - - " " „ abolished, ------ 142 discipline, system of, to be prepared, ... - 167 force to aid in suppressing insurrections, Sic - 123 reservations may be sold, ------ 229 road on western frontier, ------ 256 secretary, commanding general may appoint, - - - - 286 sites, sale of, authorized, ------ 205 titles of, - - - - - - 272 jurisdiction over, - - - - • - 5» 273 stations on route to Oregon, ... - - 284 stores, embezzlement, sale, or misapplication of, ... 21,113 unserviceable, to be sold, ----- 219 inspection or survey of, - - - - 219 storekeepers, appointment of, authorized, - - - 163,189,214 number and pay of, limited, .... 275, 276 supplies, superintendent general of, authorized, ... 162 abolished, - - - 194 Miller, Brigadier General, medal voted to, - - - - - 289 Minister, special, to Great Britain, ------ 270 Minors, not to be enlisted without consent of parent or guardian, - - 157, 159 restriction in relation to, abolished, - - - 178 may withdraw their enlistment within four days, ... 178 if apprentices, masters to receive part of the bounty, ... 178 parents* or guardians to receive compensation on account of, - - 248 Misbehavior before the enemy, - - - - - - 23,115 Mitigation of punishments, .... - 29,31,120 Money, public, embezzlement or misapplication of, ... 21,114,271 investment or use of, ..... 271 to be deposited in bank, ..... 130 returns of, to be made monthly, .... 130 advances of, prohibited, ..... 216 not to be expended upon sites or lands until the validity of the title be established, ------ 272 law in relation to expenditure of, upon sites or lands suspended in case of naval depot at Memphis, .... 280 Monthly return of troops to Congress, 17 to War Department, - - - 110 Mounted rangers, battalion of, to be raised, ..... 228 to be discharged, .... 233 Musters, - - - - - - - 15, 16, 109, 110 absentees from, - - - - - - -16, 109 false, of man or horse, proof of, and penalty for making, - - 16, 110 of persons not soldiers, - - - - - - 16, 110 commissary of, to remit rolls to Congress, - - - -16 to remit rolls to War Department, ... no taking bribes, - - - - - 16, 110 Mutiny, beginning, exciting, or joining in, - - - - - 14, 10S suppressing of, - - - - - - - 14, 108 N. National armories, (see armories, national.) Naval officers, requisition of, to be complied with, .... 179 O. Oath of members of courts-martial, - .... 25,34,118 of judge advocate, - - - - - - 25,35,118 of witnesses, - - - - - - 25,35,118 of members of courts of inquiry, - - - - - 38, 121 of judge advocates or recorders to courts of inquiry, - - - 38, 121 of witnesses, - - - - - - - 38, 121 of qualification of officers and soldiers, - - 15, 41, 44, 60, 66, 104, 109, 137, 160 of Secretary of War and clerks, - - - 40 of Paymaster General, - - - - - 51, 103 of recruits, - - - - - - 15, 109 Oaths, auditors empowered to administer, to witnesses, - - - - 196 profane, penalty for using, - - - - - - 14, 108 XXVI Officers, arrest of, - - - not to be tried but by general courts-martial, - composition of courts for trial of, failing to render accounts to be dismissed, military, subject to execute the duties of Indian agents, Officer and gentleman, conduct unbecoming an, Offences of more than two years' standing, not specified in articles of war, .... Offenders to be given up to civil authority, - - - - Ordnance Department, established, - reorganized, - to have direction of public armories, regulations for, to be prepared, - - - officers of, may be transferred to other corps, to be assigned to duty in the same manner as engi neers, . - - - merged in the artillery, ■ - re-established, . . - - increased, - - - - - officers of, to perform duties of superintendents of armories, additional master workmen and laborers in, authorized, Commissary General of, appointment and duties of, deputy commissaries of, authorized, - - - colonel of, appointment and duties of, - officers and enlisted men of, subject to rules and articles of war, - artificers to be attached to regiments, garrisons, Sic, by colonel of, stores, Sic, issues of, by whom may be ordered, returns of, unserviceable, to be sold, Page. 27, 36, 119 . 35,119 . 35,119 216 244 27,36,119 120 30 19, 112 148 180 181 182 182 190 213 227 264 275 287 - 148, 149 168 - 180, 181 227 181 181 181 219 32,19742, 48, 62, 80, 89, 99, 125, 133, 153, 15S, 213, 261, 275, 282 33, 39, 42, 48, 89, 99, 125, 133, 171, 213, 261, 275, 282 . . - -92, 125, 171, 284 89, 133, 153 48, 80, 125, 133, 153, 172, 233, 275, 282 Orphans, provisions relative to, - - - - - 56, 68, 159, 184 Oregon, military stations on route to, to be established, - - - 28.4 Indians to receive compensation for ground for the erection of, ... 285 Organization of infantry, of artillery, - of riflemen, - of cavalry, - of dragoons, Parade, absence from, ... Parole, betraying of, - giving out, different from that received, Pardon and mitigation of punishment, Pay of the troops, 1785, - 1787, - 1789, - 1790, - 1791, - 1792, - 1795, - 1796, - 1797, - 1798, - 1799, - 1800, - 1802, - 1808, - 1812, - 1813, - 1814, - 1815, - 1816,- 1821, - 1827, - 1833, - 1834, - 1836, - 1838, - - 22, 114 - 23, 115 - 23, 115 29, 31, 120 32 39 41 - 42, 43 45, 46, 47 - 49,50 59 64 67 - 73, 74, 78, 80, 81 - 90 - 96, 97 100 - 125, 126 134, 135, 139, 140, 141, 144, 153, 154, 156 165 172, 174, 175 - 182, 183 188 214 222 231, 232, 233 234 .... 255 263, 266, 268 XXVII Page. Pay of the troops, 1846, ---*--- 283, 286 arrears of, not to exceed two months, - - - - 56, 102, 136, 159 assignment of, prohibited, - - - - - " o deduction from, for clothing and hospital store3, - - -. .42 advance of, as bounty, ------ 157 additional, to discharged officers, - - 98, 105, 160, 173, 184, 201, 215 soldiers, - - - - 98, 132, 160 when employed on fatigue duty, . . - - 204,284 of brevet officers regulated, - 155, 202 of captains and subalterns increased in certain cases, - - - 222 and allowances of volunteers and militia, .... 282 extra, prohibited, -..-.-- 274 Paymaster General, appointment of, authorized, - - 51, 67, 74, 99, 1S8, 214 shall reside near headquarters, - - - - 51,93 duties and salary of, - - 51,93, 103, 176, 188 to give bonds, - - - - - - 51, 103 to take an oath, - - - - - - 51, 103 Paymasters, district, and assistant district, authorized, - - - - 150, 176 term of office limited, ------ 208 allowed commissions on payments to militia, ... 231 additional, may be appointed, ..... 266 three, abolished, ...... 276 clerks of, - • - - - - - 188 Pay Department organized, ...... 188 officers of, to receive cavalry pay, .... 265 reorganized, ...... 214 increased, ...... 257 reduced, ------- 276 duties of its officers, ..... 188, 230 officers of, to give bonds, ..... 189 any officer of the army may be assigned to duty in, - - 257 Payments to persons in arrears prohibited, ----- 233 on contracts, how made, - - - - - -216 Pension to invalids, - - - 43, 60, 66, 102, 136, 159, 187, 205 to widows and orphans, - - - - 56, 68, 103, 136, 159, 184 to marines, ....... 79 Per cent., or additional pay, prohibited, ..... 251 Per diem allowances for extra expenses of officers, - - - 104,137,160 Physician and Surgeon General authorized, - - - 74,83, 166 may call a medical board, - - - 85 rations, forage, and servants allowed to, - - 172, 174 to form regulations relative to admission of patients into hospitals, - - - 84 Pontoniers, (see sappers, miners, and pontoniers.) Porter, Brigadier General, gold medal voted to, 289 Ports and harbors, defence of, - - - - 52,55, 68,70, 124, 131 Post, abandoning, penalty for, ...... 23 Posts, forcible surrender of, by their garrisons, - - - - 24, 116 Premium for recruits, - " - - 47, 49, 58, 63, 81, 91, 102, 157, 159, 169 abolished, - - - - - - 232 President of the United States commander-in-chief of the army and navy, 7 penalty lor speaking disrespectfully of, - - 108 authorized to call out militia, ... 41, 44, 46, 269, 280 to accept the services of volunteers, ... 269, 280 to complete public armed vessels, - - - - 269, 281 to purchase, charter, arm, Sic, merchant vessels, steamboats, &c. 281 to select major generals and brigadier generals to be retained, - 285 to call into service general officers of militia, - - 285 to organize militia and volunteers into brigades and divisions, - 285 Prisoners, refusal to receive, release and escape of. to be reported daily, - arraigned for trial, and refusing to plead, Procuring desertion, . . . - cannon, arms, Sic ... Profane swearing, penalty for, ... Promotion, rules of, established, - . - in Quartermaster's Department to the rank of major, 27, 36, 119 27, 36, 119 27, 36, 119 118 61, 65, 104 71 - 14, 108 153,173, 263 286 Property lost or destroyed in service, payment provided for, - 247, 259, 271, 274, 277 XXVIII Provisions, introduction of, into posts or garrisons, Provost martial to make daily reports of prisoners, Provoking or reproachful speeches, Public accounts, prompt settlement of, Punishments, mitigation of, . Purchase of arms or clothing from soldiers prohibited, . Purchases, Commissary General of, authorized, not to be concerned in trade, abolished, duties of, by whom to be performed, Purchasing Department organized, officers of, not to engage in trade, reorganized, Purveyor of public supplies, office of, established, duties, salary, Sic, of, not to be concerned in trade, office of, abolished, Q. Page. 18,30 27, 36, 119 IS, in 193 29, 31, 120 104 140 141, 152 276 276 189 152 214 56 57 57 141 Quartermaster General, appointment of, authorized, . . 67, 74, 92, rank and pay of, . . . . 71,92, not responsible for money coming into the hands of his subor dinates, .... deputies and assistants, not to deal on their own account in ar tides appertaining to their department, deputies and assistants, duties of, . an officer to be empowered to perform the duties of, in his ab sence, ..... franking privilege allowed to, . and deputies to give bonds, Quartermaster's Department established, .... reorganized, .... 164, 188 increased, .... officers of, to enter into bonds, . . 151 to take an oath, duties of, in respect to clothing, assistants subject to do duty in Subsistence Department not to be separated from the line, separated from the line, . officers of, to do duties of Commissary General of Pur chases, .... promotion in, to the rank of major, . additional officers of, authorized for a limited time, Quartering soldiers in private houses, .... Quelling frays and quarrels, ..... Quitting guard, platoon, or division, without leave, 139, 201 139, 201 152 141, 152 140, 163 257 141 152 139, 151 201, 214 221, 263 189, 221 140 221 214 268 286 276 286 286 11 18, 111 22,15 R. Rangers, mounted, battalion of, to be raised, to be discharged, Rations, allowance of, to officers, . to soldiers, . to women attached to companies, to matrons and nurses in hospitals, to subalterns increased, to troops on the frontiers may be augmented, augmentation of, repealed, additional, to officers commanding separate posts, to officers for every five years' service, to whom allowed, or back rations for time past not allowed, composition of, ... President may alter, money in lieu of, Recruits, oaths to be administered to, rules and articles of war to be read to, bounty to, 228 233 43, 49, 59, 64, 67, 81, 84, 90, 100, 125, 126, 264 43, 49, 59, 64, 91, 100, 125, 126, 183, 283 101 101 . 172, 190 56, 59, 64 67 67, 100, 277 . 264, 268 277 268 43, 59, 64, 94, 101, 107, 134, 265 202 43, 59, 81, 90, 91, 60, 84, 127, 137 . 15, 109 15, 109 45, 48, 58, 63, 72, 81, 91, 102, 132, 135, 157, 159, 169 XXIX Recruits, premium for procuring or enlisting, abolished, persons furnishing, exempt from militia duty, Recruiting service, suspension of, Redress of grievances of commissioned officers, of inferior officers and soldiers, Re-enlisting before discharge, reputed desertion, Re-enlisted men, penalty for receiving, before discharge Refusal to receive prisoners, Regulations, general, to be prepared, to be binding until altered, recognized and re-established, subject to be altered, . Release and escape of prisoners, . Relieving the enemy, penalty for, . Relinquishment of bounty land for pensions, Reproachful and provoking speeches, Retainers subject to the rules and discipline of war, Retiring to tent or quarters, Retreat, all non-commissioned officers and soldiers to Returns, false, penalty for making, monthly, to be remitted to Congress, to War Department, neglecting or omitting to make, of money to be made, Resistance to military superiors, . Riflemen, organization of a regiment of, of a battalion, three regiments of, to be raised, . one regiment of, to be raised, organization of, . pay and allowances of, Ripley, Erigadier General, gold medal voted to, Road, military, on western frontier, authorized, Rules and articles of war, 1776, established, repealed, 1806, established, alterations of, officers to subscribe to, to be read to recruits at time to be read to the troops once to be read to the troops once in six months, declared applicable, Page. 47, 49, 58, 63, 81, 91, 102, 157, 159, 169 232 179 132 20,30, 113 20, 113 17, 111 17, 111 27, 36, 119 165 165 189 189 36, 119 23, 116 185, 198, 206 18,111 24, 116 22, 114 retire to quarters at beating of, 22, 114 17, 110 17 110 110 130 15,108 125, 171 92 170 284 284 2S4 289 256 13 123 107 151 13,107 of enlisting, . . 15, 109 n two months, . . 29 123 33, 39, 41, 44, 60, 66, 86, 101,122,135,143,158,214 Safe-guards, forcing, ....... Sappers, miners, and pontoniers, organization of, . subject to rules and articles of war, on the same footing as other troops of the United States, . . ... to be attached to, and officered from, the corps of engineers, .... duties of, . vehicles, pontons, implements, Sic, for use of, by whom prescribed, .... Scandalous behavior, ....... Scott, Major General, gold medal voted to, . . . Secretary of War, duties of, . . . . . to prescribe general regulations, . of the Treasury authorized to borrow money, military, commanding general may appoint, . Sentence of death, . . . . . . 29. 35 general courts-martial, how to be acted upon, . 26, 31, 34, 65, Sentinels sleeping on post, ...... Selling, embezzling, or misapplying military 3tores, • . losing or spoiling horses, arms, clothing, or accoutrements, or. wasting ammunition by non-commissioned officers or soldiers, . . 23, 116 282 283 283 283 283 283 * 36 289 40, 163 165 270 286 ,37, 120 101, 117 22,114 21, 113 21, 113 21, 113 XXX Sub-legions, organization of, Subsistence, allowance of, to officers, to soldiers, rate of commutation for, to be provided by contract, Page. 155, 190 172 291 Servants, private, of officers, allowance for, . number fixed, . Shelby, Governor, thanks of Congress and gold medal voted to, Sites, military, (see military sites.) Sleeping on posts, penalty for, Special minister to Great Britain, . Spies, punishment of, . Spoiling cultivated grounds, Standards taken from enemy to be preserved, Staff, general, organization of, as such, officers of, authorized, 45, 63,67,74, 92,99, 134,150, 151, 154,213, 214, 262, 2bd clothed with brevet rank, .... officers of, not to hold commissions conferring equal rank in the line, additional officers of, authorized for a limited time, Stores, public, taken from the enemy to be preserved, . sale, embezzlement, or misapplication of, safe-keeping of, . unserviceable, inspection and sale of, Store-keepers, military, to be appointed, number and pay of, limited, to give security, of ordnance, pay limited, Stripes and lashes authorized, abolished, revived in case of deserters, Striking superior officers, 22, 114 270 123 23,115 177 164, 187, 200, 263 164, 165 286 286 23, 116 21, 113 163 219 189, 214 275, 276 276 266 29, 37, 120 151 232 15, 103 163 58 43, 49, 59, 64, 67, 81, 84, 90, 100, 125. 126, 183, 264 . 43, 49, 59, 64, 91, 100, 125, 126, 183 43, 59, 127, 137 202 commissary general of, authorized, and assistants not to deal in articles composing th ration, commissaries of, authorized, . . . . 214 assistant commissaries of, subject to do duty in Quartermaster's Depart ment, .... for volunteers and militia, money in lieu of, Suit to be brought when demanded, ' Suits, agent of the Treasury to superintend, . Summary process against delinquents, not to have retrospective effect on sureties, statement of money to be rendered, Supplies, Public Purveyor of, to be appointed, duties of, .,■■*■ office abolished, Suppression of mutiny, .... of insurrections, Superintendent of national armories to be appointed, . compensation fixed, abolished, general of military supplies authorized, abolished, . Surgeon General, appointment authorized, rations and forage for, number of servants of, . Surgeons to be appointed, .... • hospital, and surgeons' mates to be appointed, post, to be appointed, .... assistant, to be appointed, ten, abolished, to be attached to garrisons and posts, to appoint stewards, nurses, Sic and assistants to be approved by a medical board, additional, may be appointed, two abolished, .... and assistants, additional, may be appointed for a limited time, Survey of the Chesapeake to be completed, . Suspension from command, .... 74, 83, 165 172 83 229 201 202 , 224, 263 214 287 223 209 209 210 130 57 57 141 14, 108 123 53, 97, 192 267 275 162 194 201, 214 174, 268 172 133, 214 134, 188 188 214, 257 276 •99 83,84 234 257, 267 276 286 203 36, 119 XXXI Suspension of pay and emoluments, of punishment, Sutlers and retainers subject to the rules and discipline of war, to supply good articles at market price, sale of liquors by, exorbitant rent not to be exacted from, commanding officers not to be in any manner interested in the sale of articles by, T. Taylor, Major General, thanks and medal voted to, Thanks of Congress voted to Major General Brown, Sic Major General Gaines, Sic Major General Macomb, Sic. Major General Jackson, Sic Major General Harrison, Sic Governor Shelby, Sic Major General Taylor, Sic. Titles of sites or lands, (see military sites.) Topographical Engineers, appointment of, authorized, . pay and emoluments of, disbanded, three to each division of the army, pay and emoluments, retained without alteration at the reduction of the army 1821, one clerk allowed to bureau of, organization and increase of, vacancies ir.,|^ow shall be filled, to make disbursements for fortifications, or other public works under their superintendence, shall not be separated from their corps for employment on civil works, not allowed to engage in the service of incorporated com panies, .... no compensation allowed, for disbursing public money, Traitorous or disrespectful words against Congress, Sic Travelling allowance to discharged officers and soldiers, . . 95, 104 Transfers of appropriations limited and-restrained, Treasury, better organization of, . agent of, to be appointed, to superintend suits against debtors, Trials not to take place a second time for the same offence, persons not liable to, for offences of more than two years' standing, hours for conducting, . . . Page. 36, 119 120 24, 116 19, 112 18, 112 19, 11.2 19, 112 291, 292 289 289 289 290 291 291 291 164 165 183 188 189 213 253 262 262 266 267 U. Uniform of the army, President authorized to prescribe, Uniform clothing, (see clothing.) V. Vacancies in the army and navy to be filled, Vice-President of the United States, penalty for speaking disrespectfully of, Violence to persons bringing supplies to camp or garrison, to superiors on duty, penalty for offering, Vessels, public armed, President authorized to complete, and steamboats on northern lakes and rivers, . President to purchase, charter, arm, Sic, steamboats and merchant, Volunteers, President authorized to accept the services of, exempt from militia duty, to serve twelve months, to furnish their own clothes, horses, and equipments, to be armed at the expense of the United States, subject to rules and articles of war, money in lieu of clothing for, officers of, how appointed, organization of, 267 268 14 , 137, 160 197, 207 209 209 209 120 120 25, 35, 119 123 73, 254 108 22, 115 15, 108 269, 281 269 281 269, 2S0 77 280 281 281 281 281, 286 281 281, 282, 285, 287 XXXII Volunteers, provision for invalids and wounded of, . to have the organization, pay, and allowances of the army of the United States, ...... allowed pay for use and risk of horses, not keeping themselves provided with horses to serve on foot, . President to organize, into brigades and divisions, organization of a battalion of, .... of a company of, money in lieu of subsistence and forage for, and militia, Secretary of War to refund to the Governors of States and in dividuals expenses incurred in fitting out, &c called out by General Gaines, Secretary of War to cause to be paid, States or individuals having paid expenses or transportation of, to be refunded, surgeons, assistant surgeons, quartermasters, and commis- saries of, compensation of, . Page. 2S1 282 282 282 285 285 285 287 292 293 293 293 W. Wagon-masters authorized, pay of, . not to deal in means of transportation, . abolished, .... re-established, .... Waste or spoil not to be committed, . and sale of ammunition, . . t . Watchword, imparting, to peisons not entitled to it, or giving a wrong one War Department, establishment of, Secretary of, his duties, chief clerk, his duties, Warrants, military land, to be issued, remedy for loss of, . time for procuring extended, . time for issuing and locating extended, . which remain unsatisfied maybe entered, time for issuing and locating further extended, time for procuring further extended, to be located within five years, certificates of location of, not assignable, of distress against delinquents, appeal from, . Waiters of officers, allowance for, . numbers fixed, Western frontier, provision for protection of, Whipping, limitation of, abolished, re-established, Witnesses to be examined on oath, refusing to give evidence, Widows and orphans, provisions for, . . 5g> gg lrtg of militia, provisions for, entitled to bounty land, Wounds, provisions respecting, . . . 43 60 66 102 Worship, divine, Wrongs of officers, redress of, of inferior officers and soldiers, redress of, 40 29 136, 159 136, 159 142, 166 142, 263 142, 263 201 263 23, 115 21, 113 23, 115 39 163, 165 40 147 190 199 204, 217 273 273 273 273 273 209 211 155, 190 172 256 , 37, 120 151 232 25, 118 184, 284 185, 197 178 187, 205 14, 107 20, 30, 113 . 20, 113 MILITARY LAWS OF THE UNITED STATES. CHAPTER 1. CONSTITUTION OF THE UNITED STATES. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. SECTION 1. 1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Rep- resentatives. SECTION 2. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. 2. No person shall "be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the se- veral states which may be included within this union, according to their re- spective numbers, which shall be determined by adding to the whole num- ber of free persons, including those bound to service for a term of years, and excluding Indians not Wed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of 2 ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three; Mas- sachusetts eight; Rhode Island and Providence Plantations one; Connecticut five; New York six; New Jersey four; Pennsylvania eight; Delaicare one; Maryland six; Virginia ten; North Carolina five; South Carolina five; and Georgia three. 4. When vacancies happen in the representation from any state, the ex- ecutive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. section 3. 1. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class, shall be vacated at the expira- tion of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one- third may be chosen every second year; and if vacancies happen by resig- nation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have attained to the age ; of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The Vice-President of tlie United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a president pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law. section 4. 1. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; 3 but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. section 5. 1. Each house shall be the judge of the elections, returns, and qualifica- tions, of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two-thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment re- quire secrecy; and the yeas and nays of the members of either house on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the con- sent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. section 6. 1. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. SECTION 7. 1. All bills for raising revenue shall originate in the House of Repre- sentatives; but the Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider 4 it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two- thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a ques- tion of adjournment,) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations pre- scribed in the case of a bill. SECTION 8. The Congress shall have power— 1. To lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises, shall be uniform throughout the United States: 2. To borrow money on the credit of the United States: 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes: 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States: 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and cur- rent coin of the United States: 7. To establish post offices and post roads: 8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respec- tive writings and discoveries: 9. To constitute tribunals inferior to the supreme court: to define and punish piracies and felonies committed on the high seas, and offences against the law of nations: 10. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: 11. To raise and support armies; but no appropriation of money to that use, shall be for a longer term than two years: 12. To provide and maintain a navy: 13. To make rules for the government and regulation of the land and naval forces: 14. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions: 5 15. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress. 16. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings:—and, 17. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United Stales, or in any department or officer thereof. section 9. 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, un- less, when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law, shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. 5. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the re- ceipts and expenditures of all public money, shall be published from time to time. 7. No title of nobility shall be granted by the United States, and no per- son holding any office of profit or trust under them, shall, without the con- sent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. section 10. 1. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligations of contracts; or grant any title of nobility. 2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for 6 executing its inspection laws; and the net produce of all duties and im- posts, laid by any state on imports or exports, shall be for the use of the Treasury of the United States, and all such laws shall be subject to the re- vision and control of the Congress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such immi- nent danger as will not admit of delay. ARTICLE II. SECTION 1. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vipe-President, chosen for the same term, be elected as follows: 2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the wThole number of senators and re- presentatives to which the state may be entitled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then from the five highest on the list, the said house shall, in like manner, choose the Presi- dent. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote: a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors, shall be the Vice-President. But if there should re- main two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.* 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. 5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to * Superseded—See amendments, art. 12. 7 the office of President; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been four- teen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may, by law, provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be re- moved, or a President shall be elected. 7. The President shall, at stated times, receive for his services a compen- sation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the follow- ing oath or affirmation: 9. " I do solemnly swear (or affirm) that I will faithfully execute the office " of President of the United States, and will, to the best of my ability, pre- " serve, protect, and defend the constitution of the United States." section 2. 1. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Se- nate, to make treaties, provided two-thirds of the Senators present concur: and he shall nominate, and by and with the advice and consent of the Se- nate, shall appoint ambassadors, other public ministers, and consuls, judges of the supreme court, and all other officers of the United States, whose ap- pointments are not herein otherwise provided for, and which shall be estab- lished by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper, in Jhe President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may hap- pen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. section 3. 1. He shall from time to time, give to the Congress information of the state of the Union, and recommend to their consideration, such measures as he shall judge necessary and expedient; he may, on extraordinary occa- sions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully exe- cuted; and shall commission all the officers of the United States. 8 SECTION 4. 1. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. SECTION 1. 1. The judicial power of the United States shall be vested in one su- preme court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour; and shall, at stated times, receive for their services a compensation which shall not be dimin- ished during their continuance in office. section 2. 1. The judicial power shall extend to all cases in law and equity, aris- ing under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambas- sadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citi- zens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or sub- jects.* 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have origi- nal jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such excep- tions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. section 3. 1. Treason against the United States shall consist only in levying war against them, or in' adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, ex- cept during the life of the person attainted. • See amendments, art. 11. 9 ARTICLE IV. SECTION 1. 1. Full faith and credit shall be given in each state to the public acts, re- cords, and judicial proceedings of every other state. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect thereof. section 2. 1. The citizens of each state shall be entitled to all privileges and immu- nities of citizens in the several states. 2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. 3. No person held to service or labor in one state under Jhe laws thereof, escaping into another, shall, in consequence of any law or regulation there- in, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due. section 3. 1. New states may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as wrell as of the Congress. 2. The Congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. section 4. 1. The United States shall guaranty to every state in this Union a repub- lican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legisla- ture cannot be convened) against domestic violence. ARTICLE V. 1. The Congress, whenever two-thirds of both houses shall deem it ne- cessary, shall propose amendments to this constitution; or, on the applica- tion of the legislatures of two-thirds of the several states, shall call a con- vention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided, that no amendment which may be » 10 made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first ar- ticle: and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. 1. All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation. 2. This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby; any thing in the constitution or laws of any state to the contrary notwithstanding. 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this constitution: but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. 1. The ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America, the twelfth. In witness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, "'resident, and deputy from Virginia. PENNSYLVANIA. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Governeur Morris. DELAWARE. George Read, Gunning Bedford, jun. John Dickinson, Richard Bassett, Jacob Broom. NEW HAMPSHIRE. John Langdon, Nicholas Gilman. MASSACHUSETTS. Nathaniel Gorham, Rufus King. CONNECTICUT. Wm. Samuel Johnson, Roger Sherman. NEW YORK. Alexander Hamilton. NEW JERSEY. William Livingston, David Brearly, William Patterson, Jonathan Dayton. 11 Maryland. Hugh Williamson. James M'Henry, south Carolina. Daniel of St. Thomas Jenifer, John Rutledge, Daniel Carroll. Charles Cotesworth Pinckney, Virginia. Charles Pinckney, John Blair, Pierce Butler. James Madison, jun. Georgia. north Carolina. William Few, William Blount, Abraham Baldwin. Richard Dobbs Spaight, Attest, WILLIAM JACKSON, Secretary. AMENDMENTS TO THE CONSTITUTION. ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.* ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor • It is not perceived, that the "manner" of quartering soldiers in time of war, without the consent of the owners of houses, has yet been prescribed by law. 12 be deprived of life, liberty, or property, without due process of law; nor shall private properly be taken for public use without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accu- sation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common lawT. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. The enumeration in the constitution, of certain rights, shall not be con- strued to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. ARTICLE XL The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of anv foreign state. ARTICLE XII.* 1. The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhab- itant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for * See article 2, section I, clause 3. 13 as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and trans- mit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted: the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such ma- jority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representa- tives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-Pre- sident shall act as President, as in the case of the death or other constitutional disability of the President. 2. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole num- ber of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President: a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States. CHAPTER 2. In Congress—September 20, 1776. Resolved, That from and after the publication of the follow- ing articles, in the respective armies of the United States, the rules and articles by which the said armies have heretofore been governed, shall be, and they are hereby repealed. *SECTION I. Article 1. That every officer who shall be retained in the au officers retain- army of the United States, shall, at the time of his acceptance these ruie!UMdPI e of his commission, subscribe these rules and regulations. regulation,. * These rules and articles with their supplements, were adopted for the army of the United States, under the constitution, and remained in force till 1806, when they were repealed and supplied—See chap, 11, sec. 4, chap. 12, sec. 13, and chap. 53, sec. 3. 14 Divine service— Art. 2. It is earnestly recommended to all officers and sol- peSauTfor1 m'sDe- diers diligently to attend divine service: and all officers and sol- haviour. diers who shall behave indecently, or irrevelently, at any place of divine worship, shall, if commissioned officers, be brought before a general court-martial, there to be publicly and severely reprimanded by the president; if non-commissioned officers or soldiers, every person so offending shall, for his first offence, forfeit one-sixth of a dollar, to be deducted out of his next pay; for the second offence, he shall not only forfeit a like sum, but be confined for twenty-four hours; and, for every like offence, shall suffer and pay in like manner; which money, so forfeited, shall be applied to the use of the sick soldiers of the troop or company to which the offender belongs. Profane swearing— Art. 3.. Whatsoever non-commissioned officer or soldier shall use any profane oath or execration, shall incur the penal- ties expressed in the foregoing article; and if a commissioned officer be thus guilty of profane cursing or swearing, he shall forfeit and pay, for each and every such offence, two-thirds of a dollar. chapiain-penaity Art. 4. Every chaplain who is commissioned to a regiment, for undue absence. companV) troop, or garrison, and shall absent himself from the said regiment, company, troop, or garrison, (excepting in case of sickness or leave of absence) shall be brought to a court- martial, and be fined not exceeding one month's pay, besides the loss of his pay, during his absence, or be discharged, as the said court-martial shall judge most proper. SECTION II. Traitorousordisre- Art. 1. Whatsoever officer or soldier shall presume to use agaLs" congress or traitorous or disrespectful words against the authority of the state legislatures. Tjrirted States in Congress assembled, or the legislature of any of the United States in which he may be quartered, if a com- missioned officer, he shall be cashiered; if a non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted upon him by the sentence of a court-martial. contempt or disre- Art. 2. Any officer or soldier who shall behave himself with ^era'riTcWef!16 contempt or disrespect towards the general, or other comman- der-in-chief of the forces of the United States, or shall speak words tending to his hurt or dishonor, shall be punished accord- ing to the nature of his offence, by the judgment of a court- martial. Mutiny-penalty Art. 3. Any officer or soldier who shall begin, excite, cause therefor ... • -■••■ o ' * or join in any mutiny or sedition, in the troop, company, or regiment to which he belongs, or in any other troop or com- pany in the service of the United States, or in any part, post, detachment, or guard, on any pretence whatsoever, shall suffer death, or such other punishment as by a court-martial shall be inflicted. suppression of Art. 4. Any officer, non-commissioned officer, or soldier, mutiny-penalty ^^ beuig present at any mutiny or sedition, does not use iris 15 utmost endeavor to suppress the same, or coming to the know- for omitting utmost ledge of any intended mutiny, does not, without delay, give information thereof to his commanding officer, shall be pun- ished by a court-martial with death, or otherwise, according to the nature of the offence. Art. 5. Any officer or soldier who shall strike his superior Resistance to miii- officer, or draw, or shall lift up any weapon, or ofler any vio- Ifb7diencc of lawful lence against him, being in the execution of his office, on anycommand*' pretence whatsoever, or shall disobey any lawful command of his superior officer, shall suffer death, or such other punishment as shall, according to the nature of his offence, be inflicted upon him by the sentence of a court-martial. SECTION III. Art. 1. Every non-commissioned officer and soldier, who Articles of war to shall enlist himself in the service of the United States, shall at adm1nis'tered°?ohre- the time of his so enlisting, or within six days afterwards, have ^"nt*on cnll3t" the articles for the government of the forces 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 an officer of the army, or, where recourse cannot be had to the civil magistrate, before the judge advocate, and in his presence, shall take the following oath, or affirmation, if con- scientiously scrupulous about taking an oath: I sw^ear, or affirm, (as the case may be,) to be true to theoath. United States of America, and to serve them honestly and faith- fully against all their enemies or opposers whatsoever; and to observe and obey the orders of the Continental Congress, and the orders of the generals and officers set over me by them. Which justice or magistrate is to give the officer a certificate, signifying that the man enlisted, did take the said oath or affir- mation. Art. 2. After a non-commissioned officer or soldier shall Discharge of non- have been duly enlisted and sworn, he shall not be dismissed ce™™udsoidie™." the service without a discharge in writing; and no discharge granted to him, shall be allowed of as sufficient, which is not signed by a field officer of the regiment into which he was en- listed, or commanding officer, where no field officer of the regi- ment is in the same state. SECTION IV. Art. 1. Every officer commanding a regiment, troop, or Must*™, company, shall, upon the notice given to him by the commis- sary of musters, or from one of his deputies, assemble the regi- ment, troop, or company under his command, in the next con- venient place for their being mustered. 16 Furloughs to non- Art. 2. Every colon el or other field officer commanding the SindT0e.die°rS-regiment, troop or company, and actually residing with it, may limitation of, and p;jye furloughs to non-commissioned officers and soldiers, in by whom granted. O >-> . iin-i U such numbers, and for so long a time, as he shall judge to De most consistent with the good of the service; but no non-com- missioned officer or soldier shall, by leave of his captain, or inferior officer, commanding the troop or company (his field officer not being present) be absent above twenty days in six months, nor shall more than two private men be absent at the same time from their troop or company, excepting some extra- ordinary occasion shall require it, of which occasion the field officer, present with, and commanding the regiment, is to be the judge. Absentees at mus- Art. 3. At every muster, the commanding officer of each reiaiionrto.cae3 m regiment, troop, or company, there present, shall give to the commissary, certificates, signed by himself, signifying how long such officers, who shall not appear at the said muster, have been absent, and the reason of their absence; in like manner, the commanding officer of every troop or company shall give certificates, signifying the reasons of the absence of the non- commissioned officers and private soldiers; which reasons, and time of absence, shall be inserted in the muster rolls opposite to the names of the respective absent officers and soldiers: The said certificates shall, together with the muster rolls, be remitted by the commissary to the Congress, as speedily as the distance of place will admit. False certificate. Art. 4. Every officer who shall be convicted before a gene- ral court-martial of having signed a false certificate, relating to the absence of either officer or private soldier, shall be ca- shiered. False musters, pe- Art. 5. Every officer who shall knowingly make a false naity therefor. muster of man or horse, and every officer or commissary who shall willingly sign, direct, or allow the signing of the muster rolls, wherein such false muster is contained, shall, upon proof made thereof by two witnesses before a general court-martial, be cashiered, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States. commissary of mus- Art. 6. Any commissary who shall be convicted of having neyVywayofgTa'ti-taken money, or any other thing, by way of gratification, on the ication. mustering any regiment, troop, or company, or on the signing the muster rolls, shall be displaced from his office, and shall be thereby utterly disabled to have or hold any office or employ- ment under the United States. Musters of persons Art. 7. Any officer who shall presume to muster any person as a soldier, who is, at other times, accustomed to wear a livery, or who does not actually do his duty as a soldier, shall be deemed guilty of having made a false muster, and shall suffer accordingly. sot soldiers. 17 SECTION V. Art 1. Every officer who shall knowingly make a false re- False returns. turn to the Congress, or any committee thereof, to the com- mander-in-chief of the forces of the United States, or to any, his superior officer, authorized to call for such returns, of the state of the regiment, troop, or company, or garrison, under his command, or of arms, ammunition, clothing, or other stores thereunto belonging, shall, by a court-martial, be cashiered. Art. 2. The commanding officer of every regiment, troop, Monthly returns to D . p i t • i -r' be remitted to Coii- or independent company, or garrison of the United States, shall, gressand the cum- in the beginning of every month, remit to the commander-in- penalty for failure. chief of the American forces, and to the Congress, an exact re- turn of the state of the regiment, troop, independent company, or garrison under his command, specifying the names of the officers not then residing at their posts, and the reasons for, and time of, their absence : Whoever shall be convicted of having, through neglect or design, omitted the sending such returns, shall be punished according to the nature of his crime, by the judgment of a general court-martial. SECTION VI. Art. 1. All officers and soldiers who, having received pay, Desert;on—penaiy or having been duly enlisted in the service of the United States, shall be convicted of having deserted the same, shall suffer death, or such other punishment as by a court-martial shall be inflicted. Art. 2. Any non-commissioned officer or soldier, who shall, £J^nce without without leave from his commanding officer, absent himself from his troop or company, or from any detachment with which he shall be commanded, shall, upon being convicted thereof, be punished, according to the nature of his offence, at the discre- tion of a court-martial. Art. 3. No non-commissioned officer or soldier shall enlist^arcedeemeT" himself in any other regiment, troop, or company, without a re- desertion—penalty . i* i /» ,i • l j ' . i*i for entertainingde gular discharge trom the regiment, troop, or company, in which serters. he last served, on the penalty of being reputed a deserter, and suffering accordingly: And in case any officer shall, knowing- ly, receive and entertain 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 the corps in which he last served, he, the said officer so offending, shall, by a court-martial, be cashiered. Art. 4. Whatsoever officer or soldier shall be convicted of Advising desertion. having advised or persuaded any other officer or soldier to de- sert the service of the United States, shall suffer such punish- ment as shall be inflicted upon him by the sentence of a court- martial. 2 18 SECTION VII. Reproachful or pro- Art. 1. No officer or soldier shall use any reproachful or proiTiDited.'' *"' c" provoking speeches or gestures to another, upon pain, if an of- ficer, of being put in arrest; if a soldier, imprisoned, and of asking pardon of the party offended, in the presence of his com- manding officer. Duelling—chai- Art. 2. No officer or soldier shall presume to send ft chal- hiMteSd!° ! pr° lenge to any other officer or soldier, to fight a duel, upon pain, if a commissioned officer, of being cashiered, if a non-commis- sioned officer or soldier, of suffering corporeal punishment, at the discretion of a court-martial. commandersof Art. 3. If any commissioned or non-commissioned officer personVto^o'Lth commanding a guard, shall, knowingly and willingly, suffer any punfshedUeas dial*Person whatsoever to go forth to fight a duel, he shall be pun- lengers. ished as a challenger: And likewise ail seconds, promoters, and carriers of challenges, in order to duels, shall be deemed as principals, and be punished accordingly. Queuing frays and Art. 4. All officers, of what condition soever, have power to part and quell all quarrels, frays, and disorders, though the persons concerned should belong to another regiment, troop, or company; and either to order officers into arrest, or non-com- missioned officers or soldiers to prison, till their proper superior officers shall be acquainted therewith ; and whosoever shall re- fuse 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. officer or soldier Art. 5. Whatsoever officer or soldier shall upbraid another for refusmgTchsd- for refusing a challenge, shall himself be punished as a chal- e^wCchaUengen' lenger; and all officers and soldiers are hereby discharged of, 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 orders of Congress, and done their duty as good soldiers, who subject themselves to discipline. SECTION VIII. sutlers. Art. 1. No sutler shall be permitted to sell any kind of liquors or victuals, or to keep their houses or shops open, for the entertainment of soldiers, after nine at night, or before the beating of the reveilles, or upon Sundays, during divine service or sermon, on the penalty of being dismissed from all future sutling. introduction ofpro- Art. 2. All officers, soldiers, and sutlers, shall have full garrison^r foru. liberty to bring into any of the forts or garrisons of the United American States, any quantity or species of provisions, eatable or drinkable, except where any contract or contracts are, or shall be entered into by Congress, or by their order, for fur- 19 nishing such provisions, and with respect only to the species of provisions so contracted for.* Art. 3. All officers commanding in the forts, barracks, or sutfcrs to supply garrisons of the United States, are hereby required to see, that provision" °ates°the the persons permitted to sutle, shall supply the soldiers wTithmarket pnce' good and wholesome provisions at the market price, as they shall be answerable for their neglect. Art. 4. No officers commanding in any of the garrisons, Commanding o/h- forts, or barracks of the United States, shall either themselves orbnant rent for exact exorbitant prices for houses or stalls let out to sutlers, or 5'°^ Sir to be shall connive at the like exactions in others ; nor, by their owninterested !«*. «>e .. . ■ . . in it sale ot supplies, nor authority and for their private advantage, shall they lay any to lay any duty duty or imposition upon, or be interested in the sale of suchpriva^advantageT victuals, liquors, or other necessaries of life, which are brought into the garrison, fort, or barracks, for the use of the soldiers, on the penalty of being discharged from the service. SECTION IX. Art. 1. Every officer commanding in quarters, garrisons, or Commanding oni- on a march, shall keep good order, and, to the utmost of his orderln q'Lfers, power, redress all such abuses or disorders which may be com- ab«s«to thermos! mitted by any officer or soldier under his command; if, uponof theirP°wer- complaint made to him of officers or soldiers beating, or other- wise ill-treating any person; of disturbing fairs or markets, or of committing any kind of riots to the disquieting of the good people of the United States ; he the said commander, who shall refuse or omit to see justice done on the offender or of- fenders, and reparation made to the party or parties injured, as far as part of the offender's pay shall enable him or them, shall upon proof thereof, be punished, by a general court-martial, as if he himself had committed the crimes or disorders complain- ed of. SECTION X." Art. 1. Whenever any officer or soldier shall be accused ofo^e™ & soldiers a capital crime, or of having used violence, or committed any crimes, or offences offence against the persons or property of the good people of bfde'iivered^up to any of the United American States, such as is punishable by f*t™1 ^^ lim the known laws of the land, the commanding officer and officers cation duly made. of every regiment, troop, or party, to which the person or per- sons so accused shall belong, are hereby required, upon applica- tion duly made by or in behalf of the party or parties injured, to ' use his utmost endeavors to deliver 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 them to a trial. If any commanding officer or officers shall wilfully neglect or * Repealed and supplied by resolution of 14th April, 1777—See chap. 3. 20 shall refuse, upon the application aforesaid, to deliver over such accused person or persons to the civil magistrate, or to be aid- ing and assisting to the officers of justice in apprehending such person or persons, the officer or officers so offending shall be cashiered. -No person to be Art. 2. No officer shall protect any person from his credi- ereluors1 on V" tors> on tne pretence of his being a soldier, nor any non-com- so°aCieer.°f beins a niissioned officer or soldier who does not actually do all duties as such, and no farther than is allowed by a resolution of Con- gress, bearing date the 26th day of December, 1775.* Any officer offending herein, being convicted thereof before a court- martial, shall be cashiered. SECTION XL Redress of griev- Art. 1. If any officer shall think himself to be wronged by sion^d officers?1"'8" his colonel, or the commanding officer of the regiment, and shall, upon due application made to him, be refused to \*e re- dressed, he may complain to the general, commanding in chief the forces of the United States, in order to obtain justice, who is hereby required to examine into the said complaint, and, either by himself, or the board of war, to make report to Con- gress thereupon, in order to receive further directions.! Redress of griev- Art. 2. If any inferior officer or soldier shall think himself ances of inferior of- i i 1 • • i rr Vji ficers and soldiers, wronged by his captain, or other officer commanding the troop or company to wdiich he belongs, he is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental court-martial, for the doing justice to the complainant; from which regimental court-martial either party may, if he think himself still aggrieved, appeal to a gene- ral court-martial; but if, upon a second hearing, the appeal shall appear to be vexatious and groundless, the person so ap- pealing shall be punished at the discretion of the said general court-martial. * Tuesday, December 26, 1775. Whereas there is reason to believe, that divers persons, either from inatten- tion to the public good, or with design to retard the recruiting service, have arrested and imprisoned, for very trifling debts, many soldiers, who had enga- ged to risque their lives in defence of the liberties of America; and, as it has always been found necessary, in time of war, to regulate and restrain a prac- tice of such pernicious tendency, and in such cases, to abate the rigor of the law: Resolved, therefore, That it be recommended to the several legislatures in these • colonies, whether assemblies or conventions, to pass acts or ordinances, prohib- iting the arrest of continental soldiers for small debts; and in order that the same rule may pervade all the colonies, that no soldier be arrested at the suit of any of his creditors, unless the said creditor make oath, that the said soldier is justly indebted to him in the sum of thirty-five dollars over and above all dis- counts; and that the estate of no such soldier be liable to attachment at the suit of, or for the benefit of all his creditors, unless their debts in the whole, on being ascertained by their oaths, shall amount to more than one hundred and fifty dollars. f Repealed and supplied by resolution of 14th April, 1777—See chap. 3. 21 SECTION XII. Art. 1. Whatsoever commissioned officer, storekeeper, or Embezzlement, commissary, shall be convicted at a general court-martial of ^ltcado* of military having sold, (without a proper order for that purpose,) embez-stores by offieeis' zled, misapplied, or wilfully, or through neglect, suffered any of the provisions, forage, arms, clothing, ammunition, or other military stores belonging to the United States, to be spoiled or damaged, the said officer, storekeeper, or commissary so of- fending, shall, at his own charge, make good the loss or damage, shall moreover forfeit all his pay, and be dismissed from the service. Art. 2. Whatsoever non-commissioned officer or soldierWa9te ™d ?a!e "f . . ammunition by non- shall be convicted at a regimental court-martial, of having sold, commissioned offi- or designedly, or through neglect, wasted the ammunition de-°ersan livered out to him to be employed in the service of the United States, shall, if a non-commissioned officer, be reduced to a pri- vate sentinel, and shall besides suffer corporeal punishment in the same manner as a private sentinel so offending, at the dis- cretion of a regimental court-martial. Art. 3. Every non-commissioned officer or soldier who shall Loss and sale of , J . iii -11 norses and military be convicted at a court-martial of having sold, lost, or spoiled,,eq«ipments. through neglect, his horse, arms, clothes or accoutrements, shall undergo such weekly stoppages (not exceeding the half of his pay) as a court-martial shall judge sufficient for repairing the loss or damage; and shall suffer imprisonment, or such other corporeal punishment as his crime shall deserve. Art. 4. Every officer who shall be convicted at a court- Embezzlement and .* 1 a* , • i i j • vi -i.l_ mIsaPP''cation of martial, of having embezzled or misapplied any money with public money. "which he may have been entrusted for the payment of the men under his command, or for enlisting men into the service, if a commissioned officer, shall be cashiered and compelled to refund the money; if a non-commissioned officer,, shall be reduced to serve in the ranks as a private soldier, be put under stoppages until the money be made good, and suffer such corporeal punish- ment, (not extending to life or limb) as the court-martial shall think fit. Art. 5. Every captain of a troop or company is charged with wuPhaithedlsu^e?ies the arms, accoutrements, ammunition, clothing, or other warlike for their companies. stores belonging to the troop or company under his command, which he is to be accountable for to his colonel, in case of their being lost, spoiled, or damaged, not by unavoidable accidents, or on actual service. SECTION XIII. Art. 1. All non-commissioned officers and soldiers, who £^n" £om cami' shall be found one mile from the camp, without leave, in writ- ing, from their commanding officer, shall suffer such punishment as shall be inflicted upon them by the sentence of a court- martial. 22 Lying out of quar- Art. 2. No officer or soldier shall lie out of his quarters, ielve.&c'WIthuut garrison, or camp, without leave from his superior officer, upon penalty of being punished according to the nature of his of- fence, by the sentence of a court-martial. Retiring to quarters Art. 3. Every non-commissioned officer and soldier shall retire to his quarters or tent at the beating of the retreat; in de- fault of which he shall be punished, according to the nature of his offence, by the commanding officer. Absence from pa- Art. 4. No officer, non-commissioned officer, or soldier, rade- shall fail of repairing, at the time fixed, to the place of parade or exercise, or other rendezvous appointed by his commanding officer, if not prevented by sickness, or some other evident ne- cessity ; or shall go from the said place of rendezvous, or from his guard, without leave from his commanding officer, before he shall be regularly dismissed or relieved, on the penalty of being punished according to the nature of his offence, by the sentence of a court-martial. Drunkenness on Art. 5. Whatever commissioned officer shall be found drunk guard or other duty. on hjs guard, party, or other duty under arms, shall be cashiered for it; any non-commissioned officer or soldier so offending, shall suffer such corporeal punishment as shall be inflicted by the sentence of a court-martial. sentinels sleeping Art. 6. Whatever sentinel shall be found sleeping upon his on post post, or shall leave it before he shall be regularly relieved, shall suffer death, or such other punishment as shall be inflicted by the sentence of a court-martial. Hiring of duty. Art. 7. No soldier belonging to any regiment, troop, or company, shall hire another to do his duty for him, or be ex- cused from duty, but in case of sickness, disability, or leave of absence; and every such soldier found guilty of hiring his duty; as also the party so hired to do another's duty, shall be punish- ed at the next regimental court-martial. conniving at the Art. 8. And every non-commissioned officer conniving at hiring of duty. such hiring of duty as aforesaid, shall be reduced for it; and every commissioned officer, knowing and allowing of such ill practices in the service, shall be punished by the judgment of a general court-martial. Kaise alarms. Art. 9. Any person, belonging to the forces employed in the service of the United States, who, by discharging of fire-arms, drawing of swords, beating of drums, or by any other means whatsoever, shall occasion false alarms in camp, garrison, or quarters, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court-martial. quitting the rants. Art. 10. Any officer or soldier who shall, without urgent necessity, or without the leave of his superior officer, quit his platoon or division, shall be punished, according to the nature of his offence, by the sentence of a court-martial. Violence to traders. Art. 11. No officer or soldier shall do violence to any person who brings provisions or other necessaries to the camp, garrison or quarters of the forces of the United States employed in parts out of said states, on pain of death, or such other punishment as a court-martial shall direct. 23 Art. 12. Whatsoever officer or soldier shall misbehave him- cowardice. self before the enemy, or shamefully abandon any post commit- ted to his charge, or shall speak words inducing others to do the like, shall suffer death. Art, 13. Whatsoever officer or soldier shall misbehave him- Misbehaviour be- self before the enemy, and run away, or shamefully abandon any PXgingeafte7vTc- fort, post, or guard, which he or they shall be commanded to de-tory" fend, or speak words inducing others to do the like; or who, after victory, shall quit his commanding officer, or post, to plunder and pillage; every such offender, being duly convicted thereof, shall be reputed a disobeyer of military orders; and shall suffer death, or such other punishment, as, by a general court-martial, shall be inflicted on him. Art. 14. Any person, belonging to the forces of the United £acstine away ams> States, who shall cast away his arms and ammunition, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court-martial. Art. 15. Any person, belonging to the forces of the United imparting watch- States, who shall make known the watch-word to any person ^Tent^ed'to «- who is not entitled to receive it according to the rules and dis-celve u" cipline of war, or shall presume to give a parole or watch-word different from what he received, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court-martial. Art. 16. All officers and soldiers are to behave themselves officers & soldiers ... , , . . . . . ■.. to behave orderly orderly in quarters, and on their march; and. whosoever shall in quarters and on commit any waste or spoil, either in walks of trees, parks, war- c^mmit^ste or rens, fish-ponds, houses or gardens, corn-fields, enclosures or^fJ?heScobrn'_or' meadows, or shall maliciously destroy any property whatsoever man(ier-*n-chitf- belonging to the good people of the United States, unless by order of the then commander-in-chief of the forces of the said states, to annoy rebels or other enemies in arms against said states, he or they that shall be found guilty of offending herein, shall (besides such penalties as they are liable to by law,) be punished according toYhe nature and degree of the offence, by the judgment of a regimental or general court-martial. Art. 17. Whosoever belonging to the forces of the United *°™£s safe" States, employed in foreign parts, shall force a safe-guard, shall suffer death. Art. 18. Whosoever shall relieve the enemy with money, Relieving the victuals, or ammunition, or shall knowingly harbor or protectenemy" an enemy, shall suffer death, or such other punishment as by a court-martial shall be inflicted. Art. 19. Whosoever shall be convicted of holding corre-Holding correspon- spondence with, or giving intelligence to the enemy, either di- J^Jf with the en_ rectly or indirectly, shall suffer death, or such other punishment as by a court-martial shall be inflicted. Art. 20. All public stores taken in the enemy's camp, towns, fu"edCfr0mXaen forts, or magazines, whether of artillery, ammunition, clothing, emy. forage, or provisions, shall be secured for the service of the United States; for the neglect of which the commanders-in-chief are to be answerable. 24 Leaving post or colors in search of plunder. Posts forcibly sur- rendered by their gariisons. Sutlers and retain- ers subject to or- ders. Brevets and former commissions—when lo take effect, Troops joining on marches, guards or in quaiters—eldest officer shall com- mand the whole and give out orders for what is needful to the service. Troops marching or encamped to- gether ; eldest offi- cer without respeet to corps shall com- mand the whole. Art. 21. If any officer or soldier shall leave his post or colors to go in search of plunder, he shall, upon being convicted there- of before a general court-martial, suffer death, or such other punishment as by a court-martial shall be inflicted. Art. 22. If any commander of any garrison, fortress, or post, shall be compelled, by the officers or soldiers under his com- mand, to give up to the enemy, or to abandon it, the commis- sioned officers, non-commissioned officers, or soldiers, who shall be convicted of having so offended, shall suffer death, or such other punishment as shall be inflicted upon them by the sentence of a court-martial. Art. 23. All sutlers and retainers to a camp, and all persons whatsoever serving with the armies of the United States, in the field, though no enlisted soldier, are to be subject to orders, ac- cording to the rules and discipline of war. Art. 24. Officers having brevets, or commissions of a prior date to those of the regiment in which they now serve, may take place in courts-martial and on detachments, when composed of different corps, according to the ranks given them in their brevets, or dates of their former commissions; but in the regiment, troop, or company, to which such brevet officers and those wTho have commissions of a prior date do belong, they shall do duty and take rank both on court-martial and on detachments which shall be composed only of their own corps, according to the commis- sions by which they are mustered in the said corps. Art. 25. If upon marches, guards, or in quarters, different corps shall happen to join or do duty together, the eldest officer by commission there, on duty, or in quarters, shall command the whole, and give out orders for what is needful to the service; regard being always had to the several ranks of those corps, and the posts they usually occupy. Art. 26. And in like manner also, if any regiments,, troops, or detachments of horse or foot, shall happen to march, with, or be encamped or quartered with any bodies or detachments of other troops in the service of the United'States, the eldest offi- cer, without respect to corps, shall take upon him the command of the whole, and give the necessary orders to the service. SECTION XIV.* General courts- martial not to con- sist of less than thirteen commis- sioned officers. Metnbers to take rank according Art. 1. A general court-martial in the United States shall not consist of less than thirteen commissioned officers, and the president of such court-martial shall not be the commander-in- chief or commandant of the garrison where the offender shall be tried, nor be under the degree of a field officer. Art. 2. The members both of general and regimental couits- martial shall, when belonging to different corps, take the same * This section, and such articles as relate to the holding of courts-martial and confirmation of sentences, were repealed and supplied by resolutions of the 31st of May, 1786—See chap. 8. 25 rank which they hold in the army; but when courts-martial shall to the composition be composed of officers of one corps, they shall take their ranks ° according to the dates of the commissions, by which they are mustered in the said corps. Art. 3. The judge-advocate general, or some person deputed J^ge advocate-ge- ii* in • i .» ., n a • neral to prosecute by him, shall prosecute in the name of the United States of Amen- in the name of the ca; and in trials of offenders by general courts-martial, admin-Unlted states" ister to each member the following oaths: "You shall well and truly try and determine, according to Oaths of member*. your evidence, the matter now before you, between the United States of America, and the prisoners to be tried* So help you God." " You A. B. do swear, that you will duly administer justice, according to the rules and articles for the better government of the forces of the United States of America, without partiality, favor or affection; and if any doubt shall arise, which is not ex- plained by the said articles, according to your conscience, the best of your understanding, and the customs of war in like cases. And you do further swear, that you will not divulge the sentence of the court, until it shall be approved of by the generar, or com- mander-in-chief; neither will you, upon any account, at any time whatever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness by a court of justice, in a due course of law. So help you God." And as soon as the said oath shall have been administered to the respective members, the president of. the court shall admin- ister to the judge-advocate, or person officiating as such, an oath in the following words: " You A. B. do swear, that you will not, upon any account, oath of judge-adve- at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God." Art. 4. All the members of a court-martial are to behave Behaviour of mem- with calmness and decency; and in the giving of their votes, voting? are to begin wTith the youngest in commission. Art. 5. All persons who give evidence before a general court- witnesses to be ex- .. i , i • i , ■■ i ° /.amined on oath— martial, are to be examined upon oath; and no sentence of two-thirds of the death shall be given against any offender by any general court- toe«J°sen9tenceeofiry martial, unless two-thirds of the officers present shall concurdeath- therein. Art. 6. All persons called to give evidence, in any cause, be-witnesses refusing fore a court-martial, who shall refuse to give evidence, shall be pumshabie.ence' punished for such refusal, at the discretion of such court-martial: The oath to be administered in the following form, viz: " You swear the evidence you shall give in the cause now in oath of witnesses. hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God." Art. 7. No field officer shall be tried by any person under Field officers-trial the degree of a captain; nor shall any proceedings or trials be Ceding."ofpro" 26 carried on excepting between the hours of eight in the morning and of three in the afternoon, except in cases which require an immediate example. Sentences of gene- Art. 8. No sentence of a general court-martial shall be put ra courts-martiai. -n executi0n, till after a report shall be made of the whole pro- ceedings to Congress, or to the general or commander-in-chief of the forces of the United States, and their or his direction be signified thereupon.* Disputes between Art. 9. For the more equitable decision of disputes which fo«tdcorp8.°f dif"mav arise between officers and soldiers belonging to different corps, it is hereby directed, that the courts-martial shall be equal- ly composed of officers belonging to the corps in which the parties in question do then serve; and that the presidents shall be taken by turns, beginning with that corps which shall be eldest in rank. Regimental courts- Art. 10. The commissioned officers of every regiment may, mar la-powers, ^y ^ app0intment of their colonel or commanding officer, hold regimental courts-martial for the inquiring into such disputes, or criminal matters, as may come before them, and for the inflict- ing corporeal punishments for small offences, and shall give judgment by the majority of voices; but no sentence shall be executed till the commanding officer (not being a member of the court-martial) or the commandant of the garrison, shall have confirmed the same. organization of re- Art. 11. No regimental court-martial shall consist of less martial!'court3~ tnan ^ve °fficers-. excepting in cases where that number cannot conveniently be assembled, when three may be sufficient; who are likewise to determine upon the sentence by the majority of voices; which sentence is to be confirmed by the commanding officer of the regiment, not being a member of the court-martial. Garrison or detach- Art. 12. Every officer commanding in any of the forts, bar- ment courts-mar- racks^ or e]sewhere, where the corps under his command consists of detachments from different regiments, or of independent com- panies, may assemble courts-martial for the trial of offenders in the same manner as if they were regimental, wdiose sentence is not to be executed until it shall be confirmed by the said com- manding officer. Dismissal or com- Art. 13. No commissioned officer shall be cashiered or dis- missed from the service, excepting by an order from the Con- gress, or by the sentence of a general court-martial; but non- commissioned officers may be discharged as private soldiers, and, by the order of the colonel of the regiment, or by the sen- tence of a regimental court-martial, be reduced to private sen- tinels. conduct in presence Art. 14. No personwhatever shall use menacing words, sions, of courts-martial,__ , ' li r , . • i , P . & &c. or gestures, in the presence of a court-martial then sitting, or shall cause any disorder or riot, so as to disturb their proceed- ings, on the penalty of being punished at the discretion of the said court-martial. * Repealed and supplied by resolution of 14th April, 1777—See chap. 3. 27 Art. 15. To the end that offenders may be brought to justice, oj»£» £*£. it is hereby directed, that whenever any officer or soldier shall commit a crime deserving punishment, he shall, by his com- manding officer, if an officer, be put in arrest; if a non-commis- sioned officer or soldier, be imprisoned till he shall be either tried by a court-martial, or shall be lawfully discharged by a proper authority. Art. 16. No officer or soldier who shall be put in arrest or LMtation^ar- imprisonment, shall continue in his confinement more than eight ment. days, or till such time as a court-martial can be conveniently as- sembled. Art. 17. No officer commanding a guard, or provost-martial, ™%££receive shall refuse to receive or keep any prisoner committed to his charge, by any officer belonging to the forces of the United States; which officer shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. Art. 18. No officer commanding a guard, or provost-martial, ^sseonTrlcscape shall presume to release any prisoner committed to his charge without proper authority for so doing; nor shall he suffer, any prisoner to escape, on the penalty of being punished for it by the sentence of a court-martial. Art. 19. Every officer or provost-martial to whose charge ^;ok;O9]a^ieaJ0fr°ts prisoners shall be committed, is hereby required, within twenty- of prisoners con- four hours after such commitment, or as soon as he shall be re-fined' lieved from his guard, to give in writing to the colonel of the regiment to whom the prisoner belongs, (where the prisoner is ' eonfined upon the guard belonging to the said regiment, and that his offence only relates to the neglect of duty in his own corps,) or to the commander-in-chief, their names, their crimes^ and the names of the officers who committed them, on the pe- nalty of his being punished for his disobedience or neglect, at the discretion of a court-martial. Art. 20. And if any officer under arrest, shall leave his con- Breach of arrest. finement before he is set at liberty by the officer who confined him, or by a superior power, he shall be cashiered for it. Art. 21. Whatsoever commissioned officer shall be con- conduct^nWn- victed, before a general court-martial, of behaving in a scanda- gentleman. lous, infamous manner, such as is unbecoming the character of an officer and a gentleman, shall be discharged from the service. Art. 22. In all cases where a commissioned officer is ca- officer cashiered shiered for cowardice or fraud, it shall be added in the punish- fraud-sentence to ment, that the crime, name, place of abode, and punishment of ^wpSp^p1*sedn,°nd the delinquent, be published in the newspapers in and about the abouu^camp^and camp, and of that particular state from which the offender came, whkh the offender or usually resides: After which, it shall be deemed scandalouscame' for any officer to associate with him. 28 SECTION XV. Effects of commis- Art. 1. When any commissioned officer shall happen to die, dieorare kuied'in or be killed in the service of the United States, the major of the service. regiment, or the officer doing the major's duty in his absence, shall immediately secure all his effects, or equipage, then in camp or quarters; and shall, before the next regimental court- martial, make an inventory thereof, and forthwith transmit the same to the office of the board of war, to the end, that his ex- ecutors may, after payment of his debts in quarters and inter- ment, receive the overplus, if any be, to his or their use. Effectsofnon.com- Art. 2. When any non-commissioned officer or soldier shall a^dals°oidiers wl" happen to die, or to be killed in the service of the United States, OTdLhIE tadie tne tnen commanding officer of the troop or company, shall, in service. the presence of two other commissioned officers, take an ac- count of whatever effects he dies possessed of, above his regi- mental clothing, arms and accoutrements, and transmit the same to the office of the board at war; which said effects are to be accounted for, and paid to the representative of such deceased non-commissioned officer or soldier. And in case any of the officers, so authorized to take care of the effects of dead officers and soldiers, should, before they shall have accounted to their representatives for the same, have occasion to leave the regi- ment, by preferment or otherwise, they shall, before they be per- mitted to quit the same, deposit in the hands of the command- ing officer, or of the agent of the regiment, all the effects of such deceased non-commissidned officers and soldiers, in order that the same may be secured for, and paid to, their respective representatives. SECTION XVI. Artillery subject to Art. 1. All officers, conductors, gunners, matrosses, drivers, rules and articles of or any 0faeT perSons whatsoever, receiving pay or hire in the service of the artillery of the United States, shall be governed by the aforesaid rules and articles, and shall be subject to be tried by courts-martial, in like manner with the officers and sol- diers of the other troops in the service of the United States. Artniery courts- Art. 2. For differences arising amongst themselves, or in martial. matters relating solely to their own corps, the courts-martial may be composed of their own officers ;v but where a number suffi- cient of such officers cannot be assembled, or in matters wherein other corps are interested, the officers of artillery shall sit in courts-martial with the officers of the other corps, taking their rank according to the dates of their respective commissions, and no otherwise.. SECTION XVII. Militia,,&c. when Art. 1. The officers and soldiers of any troops, whether in conUnental pay, ... . , . J i • . subject to these minute-men, militia, or others, being mustered and in continen- rules and articles of tai pay? g^ &t aU ^ and ^ a]i p]acf>Sy when jo^ed Or 29 acting in conjunction with the regular forces of the United States, be governed by these rules or.articles of war, 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 of the same provincial corps with the offender. That such militia and minute-men as are now in service, and have, by particular contract with their respective states, engaged to be governed by particular regulations while in continental service, shall not be subject to the above articles of war. . Art. 2. For the future, all general officers and colonels, o^n of ^the «- serving by commissions from the authority of any particular United states, take state, shall, on all detachments, courts-martial, or other duty, X gradesTervmg wherein they may be employed in conjunction with the regular %££££%$' forces of the United States, take rank next after all generals and dates. colonels serving by commissions from Congress, though the commissions of such particular generals and colonels should be of elder date; and in like manner lieutenant-colonels, majors, captains, and other inferior officers, serving by commission from any particular state, "shall, on all detachments, courts-martial, or other duty, wherein they may be employed in conjunction with the regular forces of the United States, have rank next after all officers of the like rank serving by commission from Congress, though the commissions of such lieutenant-colonels, majors, cap- tains, and other inferior officers, should be of elder date to those of the like rank from Congress, SECTION XVIII. Art. 1. The aforegoing articles are to be read and pub-These articles to be lished once in every two months, at the head of every regi- months"."' ment, troop, or company, mustered, or to be mustered in the service of the United States; and are to be duly observed and exactly obeyed by all officers and soldiers who are or shall be in the said service. Art. 2. The general, or commander-in-chief for the time Mitigation of pun- O ' . ... „ishmeuts. being, shall have full power of pardoning or mitigating any ot the punishments ordered to be inflicted, for any of the offences mentioned in the foregoing articles; and every offender convicted as aforesaid, by any regimental court-martial, may be pardoned, or have his punishment mitigated by the colonel, or officer com- manding the regiment.* Art. 3. No person shall be sentenced to suffer death, except sentence of death x . _(.• l —limitation of cor- in the cases expressly mentioned in the foregoing articles; nor poreai punishment shall more than one hundred lashes be inflicted on any offender, ,^ogfTouru-mar" at the discretion of a court-martial. # war office.^in That every judge-advocate, or person officiating as such, at any general court-martial, do, and he is hereby required to transmit, with as much expedition as the opportunity of time and distance of place can admit, the original proceedings and * Repealed and supplied by resolution of 14th April, 1777—See chapter 3. 30 sentence of such court-martial to the secretary at war, which said original proceedings and sentence shall be carefully kept and preserved in the office of said secretary, to the end that persons entitled thereto may be enabled, upon application to the said office, to obtain copies thereof. That the party tried by any general court-martial, shall be entitled to a copy of the sentence and proceedings of such court- martial, upon demand thereof made by himself, or by any other person or persons, on his behalf, whether such sentence be ap- proved or not. Fines to be collect- Art. 4. The field officers of each and every regiment, are reliefofdle'sick? to appoint some suitable person belonging to such regiment, to receive all such fines as may arise within the same, for any breach of any of the foregoing articles, and shall direct the same to be carefully and properly applied to the relief of such sick, wounded or necessitous soldiers as belong to such regiments; and such person shall account with such officer for all fines re- ceived, and the application thereof. crimes not capital, Art. 5. All crimes not capital, and all disorders and neglects discrK'oTc'ouAs-which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the above articles 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. d martial. CHAPTER 3. In Congress—April 14, 1777. Resolved, That from and after the publication hereof, the 2d article of the 8th section, the 1st article of the 11th section, the 8th article of the 14th section, and the 2d article of the 18th section, of the rules and articles for the better government of the troops raised, or to be raised, and kept in pay by, and at the expense of the United States of America, passed in Congress the 20th day of September, 1776,* shall be, and they are hereby, repealed; and that the four following articles be substituted in the place and stead thereof. ah officers and sol- Art. 1. All officers and soldiers shall have full liberty to bring bring provisions4^- into any of the forts or garrisons of the United States of Ame- «cept,wrhfnrcon-*rica, any quantity of eatable provisions, except where any con- tracted for by Con- tracts are, or shall be, entered into by Congress, or by their orders, for furnishing such provisions, and with respect only to the species of provisions so contracted for. officers wronged by Art. 2. If any officer shall think himself to be wronged by refu^redr^smayhis colonel, or the commanding officer of the regiment, and CT^Pcommandeiifgn" sna^5 upon due application made to him, be refused to be re- whashall take mea-dressed, he may complain to the continental general command- ing in the state where such regiment shall be stationed, in order * See chapter 2. 31 to obtain iustice; who is hereby required to examine into the wrong.and report • , *\ . . J T. . , the case to Con- said complaint, and take proper measures for redressing tnegresS. wrongcomplained of, and transmit, as soon as possible, to Con- gress, a true state of such complaint, with the proceedings had thereon. Art. 3. No sentence of a general court-martial shall be put sentences of gene- in execution, till after report shall be made of the whole pro- to be reported to ceedings to Congress, the commander-in-chief, or the conti- man§er-in°-chkffor nental general commanding in the state, where such a general °^tePnbefo,eex" court-martial shall be held, and their or his orders be issued for carrying such sentence into execution.* Art. 4. The continental general, commanding in either of continental gene- /. i • ■* ■ i ii i r> n rals may appoint the American states, for the time being, shall have full power of general courts- . ,. i , ,-i,iiii i r* i ■ martial and pardon appointing general courts-martial to be held, and ot pardoning or mitigate aii or mitigating any of the punishments ordered to be inflicted for Sf ™cptasenh°~ any of the offences mentioned in the aforementioned rules and te,n?e. °/. death>., • -, r which they shall articles for the better government of the troops ; except the pun- suspend and report ishment of offenders, under sentence of death, by a general to'the^ngreTsf court-martial, which he may order to be suspended until the pleasure of Congress can be known, which suspension, with the proceedings of the court-martial, the said general shall imme- diately transmit to Congress for their determination. And every offender, convicted by any regimental court-martial, may be par- doned, or have his punishment mitigated by the colonel, or officer commanding the regiment.* CHAPTER 4. In Congress—May 21, 1777. Resolved, That the general, or commander-in-chief, for the J}e sen]era,.or ' o i ^ . . ' . commander-in- time being, shall have full power of pardoning or mitigating any chief may pardon • . * ot nnhVate anv o^ of the punishments ordered to be inflicted for any of the offences the punishments mentioned in the rules and articles, for the better government fnfetedby'the6 of the troops raised, or to be raised and kept in pay by, and at T0f™™darticIe' the expense of, the United States of America; the fourth article resolved in Congress the 14th day of April last, notwithstanding. CHAPTER 5. In Congress—June 14,1777. Resolved, That the flag of the thirteen United States, be gj«soflhe UBited thirteen stripes, alternate red and white: that the union be thir- teen stars, white in a blue field, representing a new constellation.! * Modified by resolutions of 27th May, and 18th June, 1777—see chaps. 4 and 6, also chap. 8, art. 2. t Altered by act of 13th January, 1794—see chap. 17. 32 CHAPTER 6. In Congress—June 18, 1777. General officers Resolved, That a general officer commanding a separate de- rat^eplr'tmenu" partment, be empowered to grant pardons to, or order execution urL^tenUcPesnwitif °^ Persons condemned to suffer death by general courts-martial, out reference to without being obliged to report the matter to Congress or the Congress or ctom- 1 • 1 • *» * manlerin-chief. commander-in-chief. CHAPTER 7. In Congress—April 12, 1785. 700 troops to be Resolved, That the non-commissioned officers and privates to be raised by the resolution of the seventh day of the present month, April, be furnished by the states hereinafter mentioned, in the following proportions: Connecticut, - - - 165 New York, 165 New Jersey, - - - 110 Pennsylvania, - 260 -----700 commissioned of- That the following commissioned officers be furnished by the ^d"ythebesuteslsh"said states, for the said troops, in the following proportions: named. Qne lieutenant-colonel from Pennsylvania. Two majors, one from Connecticut, and one from New York, each to command a company. Eight captains, ten lieutenants, one to act as adjutant, one as quartermaster, and one as paymaster. Ten ensigns, one surgeon and four mates, to be furnished by the said states in proportion to the number of privates which they respectively furnish. pay of officers, That the pay of the lieutenant-colonel be fifty dollars per "ffice^sTSers. month; that of the major, forty-five; captain, thirty-five; lieu- tenant, twenty-six; ensign, twenty; sergeant, six*; corporal, five; drum, five; fife, five; private, four; surgeon, forty-five; mate, thirty. That the lieutenants acting as adjutant, quartermaster and paymaster, shall receive, in consideration of the said extra duty, each ten dollars per month. That each officer and soldier shall receive one month's pay after they are embodied, before their march.* * The provisions of this resolution in regard to pay, were adopted hy a reso- lution of the 3d of October, 1787, and again by an act of Congress of 29th Sep- tember, 1789—see chapter 9 and chapter 11, section 2.—Repealed and supplied by act of 30th April, 1790—see chap. 12, ltf 33 That the secretary of war be directed to form the said troops Troops to be »r- when raised into one regiment, consisting of eight companies of ?cgiment,1Dconsist- infantry, and two of artillery, to appoint their places of rendez- pagni°9f 0f ^^'"y vous, direct their subsequent operations, and make all other infe- *n(1 two of artiU rior necessary arrangements not herein particularly mentioned, subject to the order of Congress, and of the committee of the states in the recess of Congress; and that the commissioners of the treasury be instructed to furnish on his warrant, the sums necessary for carrying the same into effect. That the said troops when embodied, on their march, on duty, when embodied, or in garrison, shall be subject to all the rules and regulations theUrufe9suanactar- formed for the government of the late army, or suoh other rules tic*" of war. as Congress or a committee of the states may form.- That the secretary at war ascertain the necessary clothing clothing. and rations proper for the troops, and .report the same to Con- gress. That the commissioners of the treasury contract for the sup- Rations. ply of rations at such places and in such quantities as the secre- tary at war shall judge necessary. CHAPTER 8. In Congress—May 31, 1786.- Whereas crimes may be committed by officers and soldiers, serving with small detachments of the forces of the United States, and where there may not be a sufficient number of officers to hold a general court-martial, according to the rules and articles of war, in consequence of which criminals may escape punish- ment, to the great injury of the discipline of the troops and the public service. Resolved, That the 14th section of the rules and articles for the better government of the troops of the United States, and such other articles as relate to the holding of courts-martial, and the confirmation of the sentences thereof, be, and they are hereby repealed. Resolved, That the following rules and articles for the admin- istration of justice, and the holding of courts-martial, and the confirmation of the sentences thereof, be duly observed, and ex- actly obeyed by all officers and soldiers, who are, or shall be in the armies of the United States. ADMINISTRATION OF JUSTICE. Art. 1. General courts-martial may consist of any number General com-ts- of commissioned officers from five to thirteen inclusively; but iisYor anyynum- they shall not consist of less than thirteen, where that num- ^e0rne°,f XeT ber can be convened without manifest injury to the service.from fiTe t0 ,nir- 3 34 General courts- Art. 2. General courts-martial shall be ordered, as often dTred^attfttras as the cases may require, by the general or officer command- the cases may re- • „ tne troops. But no sentence of a court-martial shall be quire, by the gene- o a . iii Tl.ll rai or officer com-carried into execution until after the whole proceedings shall se^temfes nouXe have been laid before the said general or officer commanding ^rUpVedcLDdingsfter the troops for the time being; neither shall any sentence of a beforehahim!ennord general court-martial in time of peace, extending to the loss then, in time of 0f life, the dismission of a commissioned officer, or which unTto'iossof'iifci shall either in time of peace or war respect a general officer, comtfeioned offi- be carried into execution, until after the whole proceedings ce«; nor in time of gj^ri have been transmitted to the secretary at war, to be laid peace or war, it . J J they respect general before Congress for their confirmation, or disapproval, and before'congress for their orders on the case. All other sentences may be confirm- their orders. e(j an(j executed by the officer ordering the court to assemble, or the commanding officer for the time being, as the case may be. officers com- Art. 3. Every officer commanding a regiment or corps, may Sentsm|rrecSorps appoint of his own regiment or corps, courts-martial, to consist mtnta^cou'rts"^' °f three commissioned officers, for the trial of offences, not cap- martiai and decide ital, and the inflicting corporeal punishment, and decide upon "ences. *' their sentences. For the same purpose, all officers, command- ing any of the garrisons, forts, barracks, or other place where the troops consist of different corps, may assemble courts-mar- tial, to consist of three commissioned officers, and decide upon their sentences. Regimental or Art. 4. No garrison or regimental court-martial shall have the garrison courts- , , ° ., ■, • • j £C -j.\. martial not to try power to try capital cases, or -commissioned officers; neither commissioned "of- slxdll they inflict a fine exceeding one month's pay, nor imprison, ficers; nor inflict nor pUt to hard labor, any non-commissioned officer or soldier, a fine exceeding a x • i i month's pay, nor tor a longer time than one month. toXrTiabor'for Art. 5. The members of all courts-martial shall, when be- month.tban °ne l°nging to different corps, take the same rank in court which Members of all they hold in the army. But when courts-martial shall be com- take^ranwcord- posed of officers of one corps, they shall take rank according ing to the compo-10 the commissions by which they are mustered in the said sition ol the * J courts. COrpS. judge-advocate Art. 6. The judge-advocate, or some person deputed by him, the narmeeoftethe or by the general or officer commanding the army, detachment Ste^the3 pka of1'or garrison, shall prosecute in the name of the United States of the prisoner, shall America; but shall so far consider himself as counsel for the seif-crimination prisoner, after the said prisoner shall have made his plea, as to ^hiwinfTead- object to any leading question to any of the witnesses, or any wftnesTes.'0"3 to question to the prisoner, the answer to which might tend to crim- inate himself; and administer to each member the following oaths, which shall also be taken by all members of regimental and garrison courts-martial. oaths of members. "You shall well and truly try and determine, according to evidence, the matter now before you, between the United States of America, and the prisoner to be tried. So help you God." 35 "You, A. B., do swear, that you will duly administer justice, according to the rules and articles for the better government of the forces of the United States of America, without partiality, favor or affection; and if any doubt shall arise, which is not ex- plained by said articles, according to your conscience, the best of your understanding, and the custom of war, in the like cases. And you do further swear, that you will not divulge the sentertce of the court, until it shall be published by the commanding offi- cer. Neither will you, upon any account, at any time whatso- ever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God." As soon as the said oaths shall have been administered to the respective members, the president of the court shall administer to the judge-advocate, or person officiating as such, an oath in the following words: "You, A. B., do swear, that you will not upon any account, Oath of judge-aJ- at any time whatsoever, disclose or discover the vote or opinion™ of any particular member of the court-martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law. So help you God." Art. 7. All the members of a court-martial are to behave Members to be- with decency and calmness; and in giving their votes, are to^^oti^ES. begin with the youngest in commission. ^commission"8"' Art. 8. All persons who give evidence before a court-mar- Witnesses shaU be tial, are to be examined on oath, or affirmation, as the case may cammed on oath- ' /. i i i n i • • XT J sentence ot death be, and no sentence of death shall be given against any offender requires concur- by any general court-martial, unless two-thirds of the members "fThemVmbersWrds of the court shall concur therein. Art. 9. Whenever an oath or affirmation shall be adminis- Oath of witness. tered by a court-martial, the oath or affirmation shall be in the following form: "You swear (or affirm, as the case may be) the evidence you shall give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God." Art. 10. On the trials of cases not capital, before courts- on triais^not^- martial, the depositions of witnesses, not in the line or staff ofwi!nessesnotofthe the army, may be taken before some justice of the peace, andaa;dn>,reraJ>eevltken read in evidence, provided the prosecutor and person accused dence. are present at the taking the same. Art. 11. No officer shall be tried but by a general court-mar- officers not to be tial, nor by officers of an inferior rank if it can be avoided. Nor ^"^^Mr shall any proceedings or trials be carried on, excepting between ^f^0^;^ the hours of eight in the morning and three in the afternoon, ex-hours ofproceeding. cept in cases which, in the opinion of the officer appointing the court require immediate example. Art. 12. No person whatsoever shall use menacing words, conduct in present signs or gestures in the presence of a court-martial, or shallofcou,tmart,al- cause any disorder or riot to disturb their proceedings, on the penalty of being punished at the discretion of the said court- martial. 36 Dismissal of offi- cers, and discharge of non-commission - ed officers and sol- diers. Arrest and confine- ment of officers— breach of arrest. Imprisonment of soldiers. Limitation of ar- rest and confine- ment, Refusal to receive prisoners. Release and escape of prisoners. Prisoners to be re- ported daily. Scandalous beha- viour. Suspension. Officers cashiered foi cowardice— sentence, to be published in news- papers, &c. Art. 13. No commissioned officer shall be cashiered, or dis- missed from the service, excepting by order of Congress, or by the sentence of a general court-martial; and no non-commissioned officer or soldier shall be discharged the service, but by the order of Congress, the secretary at war, the commander-in- chief, or commanding officer of a department, or by the sentence of a general court-martial. Art. 14. Whenever any officer shall be charged with a crime, he shall be arrested and confined to his barracks, quar- ters or tent, and deprived of his sword by his commanding offi- cer. And any officer, who shall leave his confinement before he shall be set at liberty by his commanding officer, or by a supe- rior power, shall be cashiered for it. Art. 15. Non-commissioned officers and soldiers, who shall be charged with crimes, shall be imprisoned, until they shall be tried by a court-martial, or released by proper authority. Art. 16. No officer or soldier, who shall be put in arrest or imprisonment, shall continue in his confinement more than eight days, or until such time as a court-martial can be as- sembled. Art. 17. No officer commanding a guard, or provost-mar- shall, shall refuse to receive or keep any prisoner committed to his charge by any officer belonging to the forces of the United States, provided the officer committing shall, at the same time, deliver an account in writing signed by himself, of the crime with which the said prisoner is charged^ Art. 18. No officer commanding a guard, or provost-mar- shal, shall presume to release any person committed to his charge, without proper authority for so doing; nor shall he suffer any person to escape on penalty of being punished for it by the sen- tence of a court-martial. Art. 19. Every officer, or provost-marshal, to wdiose charge prisoners shall be committed, shall, within twenty-four hours after such commitment, or as soon as he shall be relieved from his guard, make report in writing, to the commander-in-chief, or commanding officer, of their names, their crimes, and the names of the officers who committed them, on the penalty of his being punished for disobedience or neglect at the discretion of a court-martial. Art. 20. Whatever commissioned officer shall be convicted before a general court-martial, of behaving in a scandalous and infamous manner, such as is unbecoming an officer and a gen- tleman, shall be dismissed the service. Art. 21. In cases where a court-martial may think it pro- per to sentence a commissioned officer to be suspended from command, they shall have power also to suspend his pay and emoluments for the same time, according to the nature and heinousness of the offence. Art. 22. In all cases where a commissioned officer is cashier- ed for cowardice or fraud, it shall be added in the sentence, that the crime, name, place of abode, and punishment of the 3*7 delinquent be published in the newspapers, in and about the camp, and of the particular state from which the offender came, or usually resides; after which it shall be deemed scandalous for any officer to associated with him. Art. 23. The commanding officer of any post or detachment, Commanders of in which there shall not be a number of officers adequate to form [he necessity for a general court-martial, shall, in cases which require the cogni- ffaTto wmman'ders zance of such a court, report to the commanding officer of the ofdepartments, &c •department, who shall order a court to be assembled at the nearest post or detachment, and the party accused, with the necessary witnesses, to be transported to the place where the said court shall be assembled. Art. 24. No person shall be sentenced to suffer death, ex-Sentence of death cept in the cases expressly mentioned in the aforegoing articles; p0re^i punishment. nor shall more than one hundred lashes be inflicted on any of- fender at the discretion of a court-martial. Every judge-advocate, or person officiating as such, at any Proceedings ofge- general court-martial, shall transmit, with as much expedition t'iai to be aw in as the opportunity of time and distance of place can admit, thewar office' original proceedings and sentence of such court-martial, to the secretary at war, wdiich said original proceedings and sentence, shall be carefully kept and preserved in the office of the said secretary, to the end, that persons entitled thereto, may be ena- bled, upon application to the said office, to obtain copies thereof. The party tried by any general court-martial, shall be entitled p»rty trie&c- helmet, one coat, one vest, two pair of woolen and linen overalls, four pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, and one pair of buckles. Sec 10. And be it further enacted, That every non-commis- Rations for non- , pf. • i i • • r • i i n • commissioned offi- sioned officer, private and musician, aforesaid, shall receive, cers, privates, &c. daily, the following rations of provisions, or the value thereof: One pound of beef, or three quarters of a pound of pork, one or the value there- pound of bread or flour, half a gill of rum, brandy or whiskey,of- or the value thereof, at the contract price where the same shall become due, and at the rate of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations. Sec 11. And be it further enacted, That if any commis- Pensions to inva- sioned officer, non-commissioned officer, private, or musician, aforesaid, shall be wounded or disabled, while in the line of his duty in public service, he shall be placed on the list of the inva- lids of the United States, at such rate of pay, and under such regulations as shall be directed by the President of the United States, for the time being: Provided always, That the rate of Proviso; as to compensation for such wounds or disabilities, shall never exceed,amounto PenH0B' for the highest disability, half the monthly pay received by any commissioned officer, at the time of being so wounded or dis- abled; and that the rate of compensation to non-commissioned officers, privates and musicians, shall never exceed five dollars per month: And provided also, That all inferior disabilities shall Proviso; as to 44 ofenordisabilities, entitle the person so disabled, to receive only a sum in propor- tion to the highest disability. officers, privates, Sec 12. And be it further enacted, That every commissioned o*ath.t0 take M officer, non-commissioned officer, private and musician, afore- said, shall take and subscribe the following oath or affirmation, Form of the oath, to wit: "I, A. B. do solemnly swear or affirm, (as the case may be) to bear true allegiance to the United States of America, and to serve them honestly and faithfully, against all their enemies or opposers, whomsoever, and to observe and obey the orders of the President of the United States of America, and the orders of the officers appointed over me, according to the articles of war." Troops to be go- Sec 13. And be it further enacted, That the commissioned verired oy the rules „, . J n. ' . . . . and articles of war, officers, non-commissioned officers, privates and musicians, aforesaid, shall be governed by the rules and articles of war, which have been established by the United States in Congress assembled, as far as the same may be applicable to the consti- tution of the United States,* or by such rules and articles as may hereafter by law be established. Act of the 29th Sec 14. And be it further enacted, That the "act for recog- peHe'd. 're~ nizing, and adapting to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned,"! passed the twenty-ninth day of September, one thousand seven hundred and eighty-nine, be, and the same is hereby, repealed: Provided always, That the non-commis- Non commissioned sioned officers and privates, continued and engaged under the vates^dtciimng to aforesaid act of the twenty-ninth day of September, one thou- discharge^c".6 sand seven hundred and eighty-nine, and who shall decline to re-enlist under the establishment made by this act, shall be dis- charged whenever the President of the United States shall direct Proviso-, the the same: Provided further, That the whole number of non- whole number of ..lrr.*/.7 . .. ... . . troops not to ex- commissioned officers, privates and musicians, in the service of the United States at any one time, either by virtue of this act, or by virtue of the aforesaid act, passed the 29th day of Sep- tember, one thousand seven hundred and eighty-nine, shall not exceed the number of one thousand two hundred and sixteen. President may caii Sec 15. And be it further enacted, That for the purpose of "guiartroops0f&c! aiding the troops now in service, or to be raised by this act, in protecting the inhabitants of the frontiers of the United States, the President is hereby authorized to call into service, from time to time, such part of the militia of the states, respectively, as he may judge necessary for the purpose aforesaid; and that their pay and subsistence, while in service, be the same as the pay and subsistence of the troops abovementioned, and they shall be subject to the rules and articles of war. [Approved, April'30, 1790.] * See chapter 2, with its supplements, 3, 4, 6, and 8. f See chapter 11. 45 CHAPTER 13. An act for raising and adding another regiment to the military establishment of the United States, and for making farther provision for the protection of the frontiers.* Sec 1. Be it enacted by the Senate and House of Represen- A-n*dtdof°9i2i^'n tatives of the United States of America, in Congress assembled, . That there shall be raised an additional regiment of infantry, which, exclusive of the commissioned officers, shall consist of nine hundred and twelve non-commissioned officers, privates, and musicians. Sec 2. And be it further enacted, That the said regiment organization of shall be organized in the same manner as the regiment of infan-the "6|ment- try described in the act, entitled "An act for regulating the mili- tary establishment of the United States, "f Sec. 3. And be it further enacted, That the troops aforesaid, Pay, allowances, by this act to be raised, including the officers, shall receive the of^rv'i'cT/'&c."" same pay and allowances, be subject to the same rules and regu- lations, and be engaged for the like term, and upon the same conditions, in all respects, excepting the bounty hereinafter men- tioned, as are stipulated for the troops of the United States, in the beforementioned act. Sec 4. And be it farther enacted, That each non-commis- Bounty for envi- sioned officer, private, and musician, who has enlisted, or"16 shall enlist, pursuant to the act aforesaid, or who shall enlist pursuant to this act, shall be entitled to receive six dollars as a bounty. Sec 5. And be it further enacted, That in case the President officers to be aP- of the United States should deem the employment of a major- resident's ' to appoint the commissioned officers thereof, in the manner he may judge proper. Miiitia ana levies Sec ^' ^n^ be it further enacted, That the commissioned r^wtwel'of wfirS an<^ non-commissi°ned officers, privates, and musicians, of the &c. ' militia, or said corps of levies, shall, during the time of their service, be subject to the rules and articles of war; and they shall be entitled to the same pay, rations, and forage, and in case of wounds or disability in the line of their duty, to the same com- pensation as the troops of the United States. Levies entitled to Sec 11. And be it further enacted, That the non-commis- ^uanti^ofcioth- sioned officers, privates, and musicians, of the said corps of le- ing, &c. vies, shall be entitled to receive such proportional quantity of clothing, as their time of service shall bear to the annual allow- ance of clothing to the troops of the United States, subject, however, to a proportional deduction from their pay. 47 Sec 12. And be it further enacted, That each of the non-3dollars bounty to «/ '.. „. *j l ' each of the levies. commissioned officers, privates, and musicians, of the said levies, shall be entitled to receive three dollars as a bounty. Sec 13. And be it further enacted, That in case the nature President may en- i*ii p tt • i c*x SaSe an additional of the service, upon which the troops of the United Mates may number ofsur- be employed, should require a greater number of surgeon's eeon s ma es" mates, than are provided for in the beforementioned act, the President of the United States may engage, from time to time, such additional number of surgeon's mates as he shall judge ne- cessary. Sec 14. And be it further enacted, That the commissioned Tw^doih^s aUow- officers, who shall be employed to recruit men for the said regi- emit. ments, shall be entitled to receive, for every recruit who shall be duly enlisted and mustered, the sum of two dollars. Sec 15. And be it further enacted, That for defraying the Appropriation for expense, for one year, of the additional regiment to be raised by cured by this act. virtue of this act; for defraying the expense, for a like term, of the officers mentioned in the seventh section of this act; for de- fraying the expense of the said militia horse, militia foot, and levies, which may be called into, or engaged for, the service of the United States, pursuant to this act; for defraying the expense of such surgeon's mates as may be appointed pursuant to the fifteenth section of this act; for defraying the expense of recruit- ing the said two regiments; and for defraying the expense of any military posts which the President shall judge expedient and proper to establish; there be, and hereby is, appropriated, a sum, not exceeding three hundred and twelve thousand six hun- ^g'gjjf 20 dred and eighty-six dollars and twenty cents, to be paid out of cents. the moneys which, prior to the first day of January next, shall arise from the duties imposed upon spirits distilled within the Fund. United States, and from stills, by the act, entitled "An act re- pealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same;" together with the excess of duties which may arise from the duties imposed by the said act on imported spirits, beyond those which would have arisen by the act, entitled "An act making further provision for the payment of the debts of the United States." And to the end that the public service may not be impeded for want of necessary means: Sec 16. Be it further enacted, That it shall be lawful for ^^^ the President to take on loan, the whole sum by this act appro- priated, at an inte- priated, or so much thereof as he may judge requisite, at an in- Jf* percent! mg terest not exceeding six per centum per annum; and the fund established for the abovementioned appropriation, is hereby pledged for the re-payment of the principal and interest of any pledge of fund. loan to be obtained in manner aforesaid; and in case of any de- ficiency in the said fund, the faith of the United States is hereby And of pubKeftith. also pledged to make good such deficiency. [Approved, March 3, 1791.] 48 CHAPTER 14. An act for making farther and more effectual provision for the protection of the frontiers of the United States.* The battalion of Sec. 1. Be it enacted by the Senate and House of Represen- artmery. and two fatives 0f fjie United States of America, in Congress assembled, regiments of mlan- J „ ... J . . i -\ l ~\ try, to be com- That the battalion of artillery now in service, be completed ac- pIeted' cording to the establishment, and that the two regiments of in- fantry now in service, be completed to the number of nine hundred and sixty non-commissioned officers, privates, and musicians, each. Three additional Sec 2. And be it further enacted, That there shall be raised, E'for u.ree for a term not exceeding three years, three additional regiments, pars,'fcc. Each eaen Qf which, exclusively of the commissioned officers, shall to consist of 960, > J - • l ai fcc, consist of nine hundred and sixty non-commissioned officers, o„e to be organized privates, and musicians; and that one of the said regiments be as mentioned. organized in the following manner, that is to say: two battalions of infantry, each of which, exclusively of the commissioned of- ficers, shall consist of three hundred and twenty non-commis- a squadron of light sioned officers, privates, and musicians; and one squadron of dragoons, &c. light dragoons, which, exclusively of the commissioned officers, shall consist of three hundred and twenty non-commissioned of- ficers, privates, and musicians; and that it shall be a condition Dragoons to serve in the enlistment of the said dragoons, to serve as dismounted o^gamzatio'n of the dragoons, whenever they shall be ordered thereto: That the dragons oflishl organization of the said squadron of light dragoons shall be as fol- lows, to wit: one major, one adjutant, one quartermaster, one surgeon's mate, and four troops, each of which shall consist of one captain, one lieutenant, one cornet, four sergeants, four corporals, _ ., one farrier, one sadler, one trumpeter, and sixty-nine dragoons; and President may arm 1T-,., , • i lini-i dragoons, &c. the President may arm the said troops, as he shall think proper. President may or- Sec 3. Provided always, and be it further enacted, That rmaVfudge0ex-as it shall be lawful for the President of the United States to or- pedient, &c ganize the said five regiments of infantry, and the said corps of horse and artillery, as he shall judge expedient, diminishing the number of corps, or taking from one corps and adding to another, as shall appear to him proper, so that the whole num- ber of officers and men shall not exceed the limits above pre- Three regiments to scribed: Provided, That the said three regiments shall be dis- peacewu^the'iu- charged as soon as the United States shall be at peace with the dians. Indian tribes. Term of enlistment Sec 4. And be it further enacted, That the non-commis- stoner^lscharTed.88 sioned officers, privates, and musicians, of the said three regi- ments, shall be enlisted for the term of three years, unless pre- viously discharged. 8 dollars bounty. Sec 5. And be it further enacted, That every recruit who shall be enlisted by virtue of this act, shall receive eight dollars The iam« boun- bounty, and that the same shall be made up to the non-commis- * Repealed and supplied by act of 3d March, 1795—see chap. 24* 49 sioned officers, privates, and musicians, now in service, who lytotbose already have enlisted for three years, since the passing of the act, enti-en tied "An act for regulating the military establishment of the United States."* Sec 6. And be it further enacted, That the commissioned Aiiowance^to^e- officers who shall be employed to recruit for the establishment, &c. shall be entitled to receive for every recruit, duly enlisted and mustered, two dollars. Sec 7. And be it further enacted, That the monthly pay of Monthly pay of . ,SC • i rr- ■ . the officers and the commissioned officers, non-commissioned officers, privates, privates. and musicians, on the military establishment of the United States, and of the three regiments authorized by this act, shall be, in future, as follows, free of all deductions, to wit: General Staffs A major-general, one hundred and sixty-six dollars. A brigadier-general, one hundred and four dollars. Quartermaster, one hundred dollars. Adjutant, to do also the duty of inspect- or, seventy-five dollars. Chaplain, fifty dollars. Surgeon, seventy dollars. Deputy quartermaster, fifty dollars. Aid-de- camp, in addition to his pay in the line, twenty-four dollars. Bri- gade-major, to act also as deputy-inspector, in addition to his pay in the line, twenty-four dollars. Principal artificer, forty dollars. Second artificer, twenty-six dollars. Regimental: Lieutenant- colonel commandant, seventy-five dollars. Major-commandant of artillery, and major of dragoons, fifty-five dollars. Pay- master, in addition to his pay in the line, ten dollars. Quar- termaster, in addition to his pay in the line, eight dollars. Adjutant, in addition to his pay in the line, ten dollars. Majors of infantry, fifty dollars. Captains, forty dollars. Lieutenants, twenty-six dollars. Ensigns and cornets, twenty dollars. Sur- geons, forty-five dollars. Mates, thirty dollars. Sergeant-ma- jors and quartermaster sergeants, seven dollars. Senior musi- cians, six dollars. Sergeants, six dollars. Corporals, five dollars. Privates, three dollars. Musicians, four dollars. Artifi- cers allowed to the infantry, light dragoons, and artillery, and included as privates, eight dollars. Matrons and nurses in the hospital, eight dollars. Sec 8. And be it further enacted, That the rations, or mo- iu«om fo^offi- ney in lieu thereof, for the commissioned, non-commissioned &c, officers, privates, and musicians, of the additional troops herein mentioned, shall be the same as described in the aforesaid act, entitled, "An act for regulating the military establishment of the United States,"! and in the act passed in the third session of the first congress, entitled " An act for raising and adding anoth- er regiment to the military establishment of the United States, and for making farther provision for the protection of the frontiers." J Sec 9. And be it further enacted, That the forage, to be al- lowed to the officers of the additional regiments authorized by Forage to addi- this act, be the same as described by the acts before mentioned. ,c * See chap. 12. f See chapter 11. ± See chapter 13. 50 clothing for the Sec. 10. And be it further enacted, That the allowance of estabhsUd.1"7 law clothing, for non-commissioned officers and privates of the in- fantry of the said three regiments, shall be the same as is by law clothing to be established: that suitable clothing be provided for the cavalry, ca^iry,d&c!r the and adapted to the nature of the service, and conformed as near as may be, to the value of the clothing allowed to the infantry and artillery. Oa ,s,reguia- Sec 11. And be it further enacted, That all the commission- tions, & compen- , , . ,*/ , -_ ' . , . . » sations, according ed and non-commissioned officers, privates, and musicians, of tloned. a°t men the said three regiments, shall take the same oaths, shall be governed by the same rules and regulations, and, in cases of disabilities, shall receive the same compensations as are de- scribed in the beforementioned act, entitled "An act for regu- lating the military establishment of the United States." * beraVs''toIraTseJ &r" ^Ec" ^' ^n^ ^e to farther enacted, That it shall be lawful any part, or the for the President of the United States to forbear to raise, or to Teguments, &c.ree discharge after they shall be raised, the whole, or any part, of the said three additional regiments, in case events shall, in his judgment, render his so doing consistent with the public safety. resident may, Sec 13. And be it further enacted, That the President be, can cavalry into and he hereby is, authorized, from time to time, to call into ser- vice, and for such periods as he may deem requisite, such num- ber of cavalry as, in his judgment, may be necessary for the Indinf hor^f' Pr°tection of the frontiers: Provided, That the non-commission- &c. pay in "lieu or ed officers shall not be allowed more than one dollar per day, nor the privates more than seventy-five cents per day, each per- son finding his horse, arms, and accoutrements, and at his own risk, and twenty-five cents per day in lieu of rations and forage: Provided he furnish himself therewith. president alone to Sec 14. And be it further enacted, That the President alone appoint commis- , J v 1 l • sioned officers; be, and he hereby is, authorized to appoint, for the cavalry so p"™ &c.ran ' to be engaged, the proper commissioned officers, who shall not exceed, in number and rank, the proportions assigned to the said three regiments, and whose pay and other allowances shall not, exclusively of fifty cents per day for the use and risk of their horses, exceed those of officers of corresponding rank, in the said regiments. em3iode,indTaans ?EC' 15' ^nd be further enacted, That the President of the empoy i lans, United States be authorized, in case he shall deem the measure expedient, to employ such number of the Indians, and for such StSn'toTcSS; compensations, as he may think proper: Provided, The said not to exceed ' compensations do not, in the whole, exceed twenty thousand 20,000 doiis. dollarSi J [Approved, March 5, 1792.] * i*-:ee chapter 12. 51 CHAPTER 15. An act supplemental to the act for making further and more effectual provision for the protection o,f the frontiers of the United States.* Sec. 1. Be it enacted by the Senate and House of Represen- The President tatives of the United States of America in Congress assembled, br^adler-generai*. That it shall be lawful for the President of the United States, by and with the advice and consent of the Senate, to appoint such number of brigadier-generals as may be conducive to the good of the public service". Provided the whole number ap- pointed, or to be appointed, shall not exceed four. [Approved, March 28, 1792.] CHAPTER 16. An act making alterations in the Treasury and War Departments. [extract.] Sec 3. And be it further enacted, That there be a paymas- ^JjjJJ^r'o ter, to reside near the head quarters of the troops of the United quarters. States. That it shall be the duty of the said paymaster, to re- ^shd^es;bond; ceive, from the treasurer, all the moneys which shall be entrust- °a ed to him for the purpose of paying the pay, the arrears of pay, subsistence, or forage, due to the troops of the United States. That he shall receive the pay abstracts of the paymasters of the several regiments or corps, and compare the same with the returns or muster rolls which shall accompany the said pay ab- stracts. That he shall certify, accurately, to the commanding officer, the sums due to the respective corps, which shall have been examined as aforesaid, who shall thereon issue his warrant on the said deputy paymaster, for the payment accordingly. That copies of all reports to the commanding officer, and the warrants thereon, shall be duly transmitted to the office of the accountant of the war department, in order to be there examined, and finally adjusted at the treasury. That the said paymaster shall give bond in the sum of twenty thousand dollars, with two sufficient sureties, for the faithful discharge of his duty,and he shall take an oath faithfully to execute the duties of his office. That the compensation to the said paymaster shall be sixty dollars monthly, with the same rations and forage as a major.f Sec 4. And be it farther enacted, That no assignment of Assignment of pay, made after the first day of June next, by a non-commis-pay',nTal"1'&c' sioned officer or private, shall be valid. * The act of 3d March, 1795, chap. 24, recognized and continued the then existin0- establishment, without enumerating officers. The provisions o!' this act appeaAlierel'ore to hat e been in force till superseded by act of 30th May, 1796, chapter 26. f See chap. 43, sec. t and chap. 45, sec. 1; also act of 16th March, 1802, chap. 49, sec. 3. 52 contracts for sup- Sec 5. And be it fartlier enacted, That all purchases and SkT5 'my' contracts, for supplying the army with provisions, clothing, sup- plies in the quartermaster's department, military stores, Indian goods, and all other supplies, or articles for the use of the de- partment of war, be made by, or under, the direction of the treasury department.* [Approved, May 8, 1792.] CHAPTER 17. An act making an alteration in the Flag of the United States.f Atter the 1st of Sec 1. Be it enacted by the Senate and House of Represen- ^o/the5united tatives of the United States of America, in Congress .assembled, ^rhTesT&cfisThaf from and after the nrst day of May, Anno Domini one *toxs, &c.' thousand seven hundred and ninety-five, the flag of the United States be fifteen stripes, alternate red and white. That the Union be fifteen stars, white in a blue field. [Approved, January 13, 1794.] CHAPTER 18. An act to provide for the defence of certain ports and harbors in the United States. The harbors men- Sec 1. Be it enacted by the Senate and House of Represen- li^ni^idi- tatives of -the United States of America, in Congress assembled, trectiolnofrthePre-That the following ports and harbors be fortified, under the rident, &Cl direction of the President of the United States, and at such time or times as he may judge necessary, to wit: Portland, in the district of Maine; Portsmouth, in the state of New Hamp- shire; Gloucester, Salem, Marblehead, and Boston, in the state of Massachusetts; Newport, in the state of Rhode Island; New- London, in the state of Connecticut; New York; Philadelphia; Wilmington, in the state of Delaware; Baltimore, in the state of Maryland; Norfolk and Alexandria, in the state of Virginia; Cape Fear river, and Ocracock Inlet, in the state of North Carolina; Charleston and Georgetown, in the state of South Carolina; and Savannah, and St. Mary's, in the state of Georgia. Tht President Sec 2. And be it farther enacted, That it shall be lawful ^pTof&ni-for the President of the United States to employ, as garrisons, todS(ates asgar-jn the said fortifications, or any of them, such of the troops on the military establishment of the United States as he may * Modified by act of 16th Julv, 1793—See chap. 38, sec. C. t Altered and established by"act of April 4, 1818—See chap. 111. 53 judge necessary; and to cause to be provided one hundred can- cause cannon). non, of a calibre, each, to carry a ball of thirty-two pounds J^Md/Ju!* weight, and one hundred other cannon, of a calibre, each, to car- ry a ball of twenty-four pounds weight, together with the carri- ages and implements necessary for the same, and carriages with the necessary implements for one hundred and fifty other cannon, with two hundred and fifty tons of cannon shot. Sec 3. And be it further enacted, That it shall be lawful for The President tt> the President of the United States to receive from any state (in of""to^urebLs behalf of the United States) a cession of the lands on which anylands' &Cr of the fortifications aforesaid, with the necessaiy buildings, may be erected, or intended to be erected; or, where such cessions shall not be made, to purchase such lands, on behalf of the United States: Provided, That no purchase shall be made where such lands are the property of a state.* [Approved, March 20, 1794.] CHAPTER 19. An act to provide for the erecting and repairing of arsenals and magazines, and for other purposes.f Sec 1. Be it enacted by the Senate and House of Represen- Three or four ar- tatives of the United States of America, in Congress assembled, acnes'to he e55t That, for the safe keeping of the military stores, there shall beS'^tioSrf'fli?* established, under the direction of the President of the United President, &«, States, three or four arsenals, with magazines, as he shall judge most expedient, in such places as will best accommodate the dif- ferent parts of the United States. Either, or both, of the arse- nals heretofore used at Springfield and Carlisle, to be continued as part of the said number, at his discretion: Provided, That Proviso• arsenate none of the said arsenals be erected, until purchases of the land, untnthetod^ necessary for their accommodation, be made, with the consent Purchased> aw, of the legislature of the state in which the same is intended to be erected. Sec. 2. And be it farther enacted, That there shall be estab- a national armory lished, at each of the aforesaid arsenals, a national armory, in senais, &c. which shall be employed one superintendent, and one master ar- morer, (who shall be appointed by the President of the United States,) and as many workmen as the secretary for the depart- ment of war shall, from time to time, deem necessary, so that the whole number, at all the armories, shall not exceed one hundred.^ And the said superintendents shall, each, receive, as a compen- compensation t» sation, seventy dollars per month, and the said master armorer, sK^te/™*1 each, fifty dollars per month. || ""'&c* * See the constitution, article 1, section 8, clause 16. t See chapter 32, making further provisions for procuring arms, &c, also chapters 47 and 59. } See act of 23d April, 1808, chapter 59. || See act of 7th of May, 1800, chap. 47, sec. 1. awn*- 54 a* officer to su- Sec 3. And be it farther enacted, That there shall be em- leWk^&^'of" ployed an officer, whose duty it shall be, (under the direction of military stores, {]ie department of war,) to superintend the receiving, safe keep- ing, and distribution, of the military stores of the United States, and to call to account all persons to whom the same may be intrust- Jii9compensation;ed; he shall receive, for his compensation, at the rate of one iS by°the Pre°i-nt" hundred and twenty-five dollars per month, and shall be appoint- ment, ed by the President of the United States. :\ot exceeding Sec 4. And be it farther enacted, That a sum not exceeding: 59.000 dolls, an- . .J ? & propriated for fifty-nine thousand dollars, be appropriated for the erecting and ^ing^rsTnaiJ,6"repairing of the arsenals and magazines aforesaid; and a sum, ceedin^d22n865ex"n°t exceeding twenty-two thousand eight hundred and sixly-five doiis. for armo- dollars, for defraying the expense of the national armories, for 340,000ioiis. to one year; and "the further sum of .three hundred and forty thou™ Aeap?eseid'enUt"sder sand dollars, to be applied, under the direction of the President direction, in thc 0f fae United States, in the purchase of arms, ammunition, and jMirch^e of arms, . . . r -. . &c* military stores; which said several sums shall be paid out of the duties on imports and tonnage, to the end of the present year. Annual account of Sec 5. And be it further enacted, That an annual account rFe^n&c.°tobT of the expenses of the national armories be laid before the legis- eredss.bef°re Con'lature of the United States, together wTith an account of the arms made and repaired therein. [Approved, April 2, 1794.] CHAPTER 20. An act for raising and organizing a Corps of Artillerists and Engineers.* 764 non-commis- Sec 1. Be it enacted by the Senate and House of Represen- piivates. &c^,' to tatives of the United States of America, in Congress assembled, yeaTs'&e!"1 threeThat the number of seven hundred and sixty-four non-commis- commissioncd of- sioned officers, privates, and artificers, to serve as privates, and ficers to be ap- . . ' i ni i t r 1 n i pointed, &c. musicians, shall be engaged tor the term of three years, by vol- untary enlistments; arid that the proper proportion of commis- sioned officers shall be appointed to command the same. To be incorpora- Sec 2. And be it further enacted, That the aforesaid corn- fed ivith the corps •• -i, •• x rr • , • r* i of artillery, &c. missioned and non-commissicued officers, privates, artificers, and musicians, shall be incorporated with the corps of artillery now in the service of the United States, and denominated the corps ^ic"rpsUofbartii-f°f artillerists and engineers; and that the entire number of the Prists and eng- said corps, exclusively of the commissioned officers, shall be neers to be 992, x ' , J > exclusively, &c. nine hundred and mnety-twTo. S^nrzation of Sec. 3. And be it further enacted, That the organization aoned. ' of the said corps be as hereinmentioned, to wit: one lieutenant- * Continued by acts of 3d March, 1795, chap. 24, and 30th May, 1796, chap. 26. An additional regiment provided by act of 27th April, 1798, chap. 30. Repealed and supplied by act of 16th March, 1802, chap. 49, sections 1, 2, 26, 27, 28 and 29. 55 colonel commandant, one adjutant, one surgeon; four battalions, each to consist of one major, one adjutant, and paymaster, and one surgeon's mate ; and four companies, each to consist of one captain, two lieutenants, twTo cadets, with the pay, clothing, and rations of a sergeant, four sergeants, four corporals, forty-two privates, sappers, and miners, and ten artificers to serve as pri- vates, and two musicians. Sec 4. And be it farther enacted, That the additional com-officer^and jn- missioned officers, non-commissioned officers, privates, artificers, the same pay, &c. and musicians, by this act directed to be raised, shall receive the to b^governed^V same pay and allowances, in all respects, as the troops already *«same rules' in the service of the. United States ; and they shall also be gov- erned by the same rules and articles of war, which have been, or may be, by law established. Sec 5. And be it further enacted, That it shall be the duty The secretary of n • i 1 it i ATar to provide of the secretary of war to provide, at the public expense, under books, apparatus, such regulations as shall be directed by the President of the c' United States, the necessary books, instruments, and apparatus, for the use and benefit of the said corps. Sec 6. And be it farther enacted, That the President of Th^President t* the United States shall cause such proportions of the said corps the corps to serve to serve in the field, on the frontiers, or in the fortifications on^?^^*"1 the sea coast, as he shall deem consistent with the public ser- vice. [Approved, May 9, 1794.] CHAPTER 21. An act supplementary to " An act to provide for the defence of certain ports and harbors in the United States." Sec 1. Be it enacted by the Senate and House of Representa- The port and har- tives of tlie United States of America, in Congress assembled, to be fortified, &c! That the port and harbor of the city of Annapolis be fortified, in such manner, and at such time or times, as the President of the United States may direct; and that it shall be lawful for the President of the United States to employ a garrison in the said The President fortification, provide cannon and equipments, and receive, from"saJne^yn*^ the state of Maryland, a cession of the lands on which the said £,*c. «c«w« fortification, and its necessary buildings, may be erected, agreea- &c. bly to the second and third sections of the act to which this is a supplement.* [Approved, May 9, 1794.] * See original act, chap. 18. 56 CHAPTER 22. An act in addition to the " Act for making further and more effectual provision for the protection of the frontiers of the United States."* Haif pay fc- five Sec. 1. Be it enacted by the Senate and House of Representa- owTororpLriof^65 °f the United States of America, in Congress assembled, commissioned oft-That if any commissioned officer in the troops of the United service from States shall, while in the service of the United States, die, by reason of wounds received in actual service of the United States, and shall leave a widow, or if no widow, shall leave a child or children, under age, such widow, or if no widow, such child or children, shall be entitled to, and receive, the half of the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years : and 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 term, shall go to the child or children of such deceased officer, while under the age of sixteen years, and, in like manner, the allowance to the child or children of such deceased, where there is no widow, shall be paid no longer than while there is a child Proviso; on great-°r children under the age aforesaid: Provided, That no greater anycl°ewathantnesuni s^a^ ^e au,°wed, in any case, to the widow or to the child half pay of lieu-or children, of anv officer, than the half pay of a lieutenant- tenant-colonel. i i colonel. Arrears of the Sec. 2. And be it farther enacted, That the army be in fu- ceedy2 months."'ture Pa^ in sucn manner that the arrears shall at no time exceed two months. The President Sec. 3. And be it farther enacted, That to such of the troops Sns^of "troop!as are> or may be, employed on the frontiers, and under such on the frontiers, special circumstances as, in the opinion of the President of the under special cir- * . , ' . x . „ cumstances, &C. United States, may require an augmentation of some parts of their rations, the President be authorized to direct such augmen- tation as he may judge necessary, not exceeding four ounces of beef, two ounces of flour, and half a gill of rum, or whiskey, in addition to each ration, and half a pint of salt to one hundred rations. [Approved, June 7, 1794.] CHAPTER 23. An act to establish the office of Purveyor of Public Suppliea.-f a purveyor of Sec 1. Be it enacted by the Senate and House of Representa- wthe depart-' fives of the United States of America, in Congress assembled, * The 1st and 2d sections of this act were superseded and supplied by act of 16th March, 1802—see chap. 49, sections 13 and 15. The 3d was continued with some modification bv acts of 3d March. 1795. and 30th Mav. 1796. chap. 24. sec. 9. and chap. 26, sec. 11, but formally repealed by act of 3d March, . 1797—see cnap. 27, sec. 1. t The Office of Purveyor abolished by act of March 28th, 1812—See chap. 68, sec. 9. 57 That there shall be, in the department of the treasury, an officer, ment of the trca. to be denominated "Purveyor of Public Supplies," whose (Jutysury' shall be, under the direction and supervision of the secretary of the treasury,* to conduct the procuring and providing of all His duty, to con- arms, military and naval stores, provisions, clothing, Indian inUg%farmsP,T."r~ goods, and generally, all articles of supply requisite for the ser- vice of the United States, and whose compensation shall be, a salary of two thousand dollars per annum. And all letters to His salary 2,000 and from the said officer shall be received and conveyed by post HiskttersfreTof free of postage. postage. Sec 2. And be it farther enacted, That the said officer shall The purveyor not not, directly or indirectly, be concerned, or interested, in carry- trade or com- ing on the business of trade or commerce, or be owner, in nurchasfpiwie whole or in part, of any sea vessel, or purchase, by himself'and3'&c' or another in trust for him, public lands, or any other public property, or be concerned in the purchase or disposal of any public securities of any state, or of the United States, or take, or apply, to his own use, any emolument or gain, for nego- tiating or transacting any business in the said department, other than wffiat shall be allowed by law; and if he shall offend Forfeit of 3,000 against any of the prohibitions of this act, he shall, upon con- mentV'an^'disabi- viction, forfeit, to the United States, the penalty of three thou- agJ/nsMhfpS sand dollars, and maybe imprisoned for a term not exceeding ^'jons of this act, five years, and shall be removed from office, and be forever thereafter incapable of holding any office under the United States. Sec 3, And be it farther enacted, That the said officer shall, ^^X'.t0 before he enters on the duties of his office, give bond, with suf- ficient sureties, to be approved by the secretary of the treasury and comptroller, in the sum of twTenty thousand dollars, payable to the United States, with condition for the faithful performance The bond to be of the duties of his said office; which bond shall be lodged in LFoi the oo»°p- the office of the comptroller. troller* [Approved, February 23, 1795.] CHAPTER 24. An act for continuing and regulating the Military Establishment of the United States, and for repealing sundry acts heretofore passed on that subjectf Sec 1. Be it enacted by the Senate and House of Represen- The P^tshm'li" tatives of the United States of America, in Congress assembled, ment, &c. con- That the present military establishment of the United States,tinu€d' composed of a corps of artillerists and engineers, to consist of nine hundred and ninety-two non-commissioned officers, pri- * Altered by act of 16th July, 1798—See chap. 38, sec. 3. f Repealed and supplied by act of 30th May, 1796—See chap. 26. 58 vales, and musicians, and of a legion to consist of four thou- sand eight hundred non-commissioned officers, privates, and musicians, be, and the same is hereby, continued. The corps of ar- Sec 2. And be it farther enacted, That the said corps of nee7s^oabedcom-artillerists and engineers be completed, conformably to the act pieted, &c. 0f the eighth of May last, establishing the same, and prescrib- ing the number and term of enlistments, and the methods of or- ganization.* The icgion of the Sec 3. And be it further enacted, That the legion of the KiS\£ United States be also completed, to the number of four thou- sand eight hundred non-commissioned officers, privates, arid musicians, by voluntary enlistments, for the term of three Thesub-kgionsto years; and that the sub-legions composing the same be orga- PresTenTmay It nized in such manner as the President of the United States Proviso; no enlist-shall direct. Provided, nevertheless, That no such enlist- yearl3 after three ment s^-a^ De made after three years from the passing of this act. The cavalry to Sec. 4. And be it further enacted, That it sjiall be stipu- TdTra^rXn lated as a condition in the enlistments for the cavalry, that ordered, &c. they shall serve as dismounted dragoons, when ordered so to do, and that in all cases of enlistments of the troops of every description, there be expressly reserved to the government a a right to be re- right to discharge the whole, or any part thereof, at such times, cWge the troops and in such proportions, as may be deemed expedient. "■listcd- Sec 5. And be it further enacted, That the commissioned Commissioned of- ~, , i n i i i • ,i *.* • T. 11 ficers in the re- officers who shall be employed m the recruiting service, snail kwednfwordoTi^s be entitled to receive, for every able-bodied recruit duly enlisted for every person anci mustered, of at least five feet six inches in height, and not enlisted of the de- ' ° . scription mention-under the age of eighteen, nor above the age of forty-six years, the sum of two dollars. a bounty of six- Sec 6. And be it farther enacted, That there shall be allow- soidie?11"e-ten«su ea" and paid to each soldier now in the service of the United ing, &c. States, or discharged therefrom subsequent to the third day of March last, who shall re-enlist, a bounty of sixteen dollars: Bountyoffourteen Ano* to each person not now in the army of the United States, $H lars to each re- v i -i , J r t i e erml, not of the or discharged as above, who shall hereafter enlist, a bounty ot Paffofthebount fourteen dollars: but the payment of four dollars of the bounty deferred, &c. of each and every man so enlisting, shall be deferred until he shall have joined the corps in which he is to serve. Kon-commission- Sec 7. And be it farther-enacted, That every non-commis- vates, and'musl- sioned officer, private, and musician, of the artillery and in- fantry andthartu" fantry, shall receive, annually, the following articles of uniform iery, to receive the clothing;, to wit: one hat or helmet, one coat, one vest, two pair articles of uniform „ «' , - .. ' n > • r* i clothing mention- ot woollen and two pair ot linen overalls, tour pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, c^v*rygandrrifle- and one Pair of buckles. And that there be furnished to the men to be suitable, cavalry and riflemen, such clothing as shall be the most suit- able and best adapted to the nature of the service, having regard * See chapter 20. There is a discrepance between the date here referred to and that affixed to the act as the date of its approval. 59 therein, as nearly as may be, to the value of the clothing allow- ed, as above, to the infantry and artillery. Sec 8. And be it farther enacted, That every non-commis-^y^*^*1^ sioned officer, private, and musician, shall receive, daily, the commissioned <>&■ following rations of provi-i^ns, to wit: one pound of beef, or°er'pnva ' three quarters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy, or whiskey, and at the rate of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations, or the value thereof at the contract price, where the same shall become due; and if, at such post, supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts, and the position of the place in question. Sec. 9. Provided always, and be it further enacted, That to Additional aiiow- • /» i tt • i o i ance of provisions those in the military service of the United States, who are, or to the military shall be, employed on the western frontiers, there shall be allow-^te7n frontiers. ed, during the time of their being so employed, two ounces of flour or bread, anci two ounces of beef or pork, in addition to each of their rations, and a half pint of salt in addition to every hundred of their rations. Sec 10. And be it further enacted, That the monthly pay Monthly pay of of the officers, non-commissioned officers, musicians, and pri-^onedofficewj vates, on the military establishment of the United States, be as musicians, and J rf 11111 Prlva'es> on tne follows, to wit: General staff: a major-general, one hundred and military estawish- sixty-six dollars; a brigadier-general, one hundred and four dol- stages! lars; a quartermaster general, one hundred dollars; adjutant general, to do also the duty of inspector, seventy-five dollars; chaplain, fifty dollars; surgeon, seventy dollars; deputy quarter- master, fifty dollars; aid-de-camp, in. addition to his pay in the line, twenty-four dollars; brigade-major, to act also as deputy inspector, in addition to his pay in the line, twenty-four dollars; principal artificer, forty dollars; second artificer, twenty-six dol- lars. Regimental: lieutenant-colonel commandant, seventy-five dollars, major of artillery, and major of dragoons, fifty-five dol- lars; major of infantry, fifty dollars; paymaster, adjutant, and quartermaster, in addition to their pay in the line, ten dollars; captains, forty dollars; lieutenants, twenty-six dollars; ensigns and cornets, twenty dollars; surgeons, forty-five dollars;, sur- geon's mates, thirty dollars; sergeant-majors, and quartermas- ter-sergeants, eight dollars; senior musicians, seven dollars; sergeants, seven dollars; corporals, six dollars; musicians, five dollars; privates, four dollars; artificers allowed to the infantry, light dragoons, and artillery, nine dollars; matrons and nurses in the hospital, eight dollars. • Sec 11. And be it further enacted, That the commissioned S^*^*- officers aforesaid shall be entitled to receive, for their daily sub- sistence, the following number of rations of provisions, to wit: A major-general, fifteen rations; a brigadier-general, twelve rations; a lieutenant-colonel commandant, and quartermaster- general, each, six rations; a major, four rations; brigade-ma- jor, and aid-de-camp, four rations; a captain, three rations; a 60 lieutenant, ensign, or cornet, two rations; a surgeon, as well hospital as regimental, three rations; a surgeon's mate, two rations; a deputy quartermaster, two rations; a principal, and second, artificer, each, two rations j a chaplain, two rations; or Money in lieu of money in lieu thereof, at the option of the said officers, at the rations. contract price, at the posts, respectively, where the rations shall become due. Monthly rate of Sec. 12. And be it farther enacted, That the officers here- ono^e! tonthead inafter described shall, whenever forage shall not be furnished officers mention- by the public, receive at the rate of the following enumerated sums, per month, instead thereof, to wit: The major-general, twenty dollars; the brigadier-general, sixteen dollars; lieutenant- colonel, twelve dollars; quartermaster-general, adjutant-general, and surgeon-general, each, twelve dollars; major, ten dollars; aid-de-camp, brigade-major, and surgeon, each, ten dollars; captain of cavalry, eight dollars; chaplain and surgeon's mate, each, six dollars; deputy quartermaster and subalterns of cav- alry, each, six dollars; principal artificer, paymaster, adjutant, and regimental quartermaster, each, six dollars. officers, non-com- Sec. 13. And be it further enacted, That if any officer, non- missioned officers, .. x rr • . • • r • i iiii privates, &c, commissioned officer, private, or musician, aforesaid, shall be abiedf&c^to'be wounded or disabled, while in the line of his duty, in public placed i?n the list service, he shall be placed on the list of the invalids of the United of invalids, &c. > r _ States, at such rate of pay, and under such regulations, as shall be directed by the President of the United States for the time Proviso; rate of being: Provided always, That the rate of compensation to be commlssTotnedoai-a^owe(i f°r suc^ wounds or disabilities, to a commissioned offi- cer not to exceed Cer, shall never exceed, for the highest disability, half the month- to privates "not to ly pay of such officer, at the time of his being so disabled or fersper month" wounded; and that the rate of compensation to non-commis- sioned officers, privates, and musicians, shall never exceed five Proviso;allow-^ dollars per month: And provided also, That all inferior dis- disabiiities in pro- abilities shall entitle the person so disabled to receive an allaw- portion. ance proportionate to the highest disability. officers and soi- Sec 14. And be it farther enacted, That the officers, non- crnedbythfruies commissioned officers, privates, and musicians, aforesaid, shall mr &cIclM °f De governed by the rules and articles of war, which have been established by the United States in Congress assembled,* as far as the same may be applicable to the constitution of the United States, or by such rules and articles as may hereafter by law be established. officers and soi- Sec 15. And be it farther enacted, That every officer, non- subscribe a/oath. commissioned ^fficer, private, and musician, aforesaid, shall take and subscribe the following oath or affirmation, to wit: Form of o»th. « j} a B, do solemnly swear or affirm (as the case may be) to bear true allegiance to the United States of America, and to serve them, honestly and faithfully, against all their enemies or opposers whomsoever, and to observe and obey the orders * See chapter 2, with its supplements, 3, 4, 6, 8. 61 of the President of the United States, and the orders of the of- ficers appointed over me, according to the rules and articles of war." Sec 16. And be it further enacted, That it shall be lawful The President to £■ xl. T\ • 1 n l tt • i c~i l c arm tne tr00P3 as tor tne President of the United States to arm the troops afore- he may think pro- said, whether riflemen, artillerists, dragoons, or infantry, as he per' shall think proper; and that it be also lawful for him to forbear The President to raise, or to discharge after they shall be raised, any part S,or discharge thereof, in case events shall, in his judgment, render his so do- t£h;;tr00Ps>mca3<;> ing consistent with public safety, and general convenience and economy. Sec 17. And be it farther enacted, That every person wdio f^ers^X'e'rt5 shall procure, or entice, a soldier in the sendee of the United &c. or captains of States to desert, or who shall conceal such soldier, knowing des^rters^c's-fb- him to have deserted, or who shall purchase from such soldier Jperfsot°^t°r lm" his arms, or his uniform clothing, or any part thereof, and every captain or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, know- ing him to have deserted, or otherwise carry away such soldier, or shall refuse to deliver him up to the orders of his command- ing officer, shall, upon legal conviction, be fined, at the discre- tion of the court, in any sum not exceeding three hundred dol- lars, or be imprisoned, for any term not exceeding one year. Sec 18. And be farther enacted, That the several acts, Tiie^acts^mention- entitled "An act for regulating the military establishment of the United States;"* "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the fron- tiers;"! "An act for making further and more effectual pro- vision for the protection of the frontiers of the United States,"! be, and the same are hereby, repealed; and also so much of any act or acts of the present session, as comes within the pur- view of this act: Provided always, That nothing in this sec-Proviso; nothing tion contained shall be so construed as to vacate the commis- vacatecommiv ° ■ sions which have been issued, or any appointments, or enlist- men^y?'9'" ments which have been made, in pursuance of the acts herein repealed. [Approved, March 3, 1795.] CHAPTER 25. An act allowing compensation for horses killed in battle belonging to officers of the army of the United States.§ Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, 0fficer4 whoje That every officer in the army of the United States, whose duty duty «£»«» * See chapter 12. f Sce chaPter 13- * See chapter 14. § See chapters 178 and 179. 62 horseback in time requires him to be on horseback in time of action, and whose Wel'subdoiia'rs horse shall be killed in battle, be allowed a sum not exceed- for each horse ing two hundred dollars, as a compensation for each horse so killed. The provision in Sec 2. And be it farther enacted, That the provision con- retrospective ope- tained in this act shall have retrospective operation, so far as MwcVnslj. 4lh the fourth day of March, in the year one thousand seven hun- Proviso-, no per- dred and eighty-nine: Provided, That no person shall receive men"for'anyhorse payment for any horse so killed, until he make satisfactory proof make3'satisfactoryto the secretary of war, that the horse, for which he claims proof, &c. compensation, was actually killed under such circumstances as to entitle him to this provision, in all cases which have hereto- fore taken place, within one year after the end of the present session of Congress; and in all cases wdiich may take place hereafter, within one year after such horse shall have been killed. Proofofvalue &c. Sec 3. And be it further enacted, That the proof of the the affidavit of the , J or i • r i quartermaster, or value, of such horse shall be, by the affidavit of the quarter- b7e0witaeesrses.r£ ' master of the corps to which the owner may belong, or of two other credible witnesses. [Approved, May 12, 1796.] CHAPTER 26. An act to ascertain and fix the military establishment of the United States.* Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That the military establishment of the United States, from and after the last day of October next, be composed of the corps of artillerists and engineers, as established by the act, entitled "An act providing for raising and organizing a corps of artil- lerists and engineers;"! two companies of light dragoons, who shall do duty on horse or foot, at the discretion of the Presi- dent of the United States; and four regiments of infantry, of eight companies each; the company of dragoons shall consist of one captain, two lieutenants, one cornet, four sergeants, foil*: corporals, one farrier, one saddler, one trumpeter, and fifty-two privates; and shall be armed and accoutred in such manner as the President of the United States may direct. ™mTe'nt ofin^a ^Ec* ^" And be it further enacted, That each regiment of fe»uy. infantry shall consist of one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, eight captains, eight lieutenants, * See act of 3d March, 1797, chapter 27, md 16th July, 1798, chapter 37 5 also act of 16th March, 1802, chapter 49, which repealed and supplied this and the abovementioned acts. -j- See chapter 20. 63 eight ensigns, two sergeant-majors, two quartermaster sergeants, two senior musicians, thirty-two sergeants, thirty-two corporals, sixteen musicians, and four hundred and sixteen privates: Pro- vided always, That the President of the United States may, in his discretion, appoint an additional number of surgeon's mates, not exceeding ten, and distribute the same, according to the necessity of the service. Sec 3. And be it farther enacted, That there shall be one a major-general, major-gene-al, with two aids-de-camp; one brigadier general, brigadierageneraai, who may choose his brigade-major from the captains or subalterns &c- of the line; which brigade-major shall receive the monthly pay Additional payor of twenty-four dollars, in addition to his pay in the line, be en- brigade-major, titled to four rations of provisions for his daily subsistence; and, whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof; one quartermaster-general; one inspector, who shall do the duty of adjutant-general; and one paymaster-general: and that the adjutants, quartermasters, and paymasters of regiments, shall be appointed from the sub- alterns of their respective regiments. Sec 4. And be it further enacted, That the President 0fThePir.e9id«ntto . •/ i i a? cause the omcers the United States cause to be arranged, the officers, non-com-and privates of missioned officers, privates, and musicians, of the legion of the be6arranged so as United States, and light dragoons, in such manner as to form JoVrTegfmente' and complete out of the same the four regiments aforesaid, and &c-out of them- two companies of light dragoons: And the supernumerary offi- The supemumer- cers, privates, and musicians, shall be considered, from and after ere", &c? dis-1 the last day of October next, discharged from the service of the charsed' United States. Sec 5. And be it further enacted, That the corps of artil-The corps of ar- lerists and engineers be completed, conformably to the act ofgineersto^ecom- the eighth clay of May, one thousand seven hundred and ninety- Pleted> &c- four, establishing the same, and prescribing the number and term of enlistments, and the method of organization.* Sec 6. And be it farther enacted, That the commissioned commissioned of- officers, who shall be employed in the recruiting service, to keep recTuiu^Tre-11 up, by enlistments, the corps of artillerists, infantry and dra- c™*y p^""^"^ goons, aforesaid, shall be entitled to receive, for every able-^-^n^ntion- bodied recruit, duly enlisted and mustered, of at least five feet ed. six inches in height, and not under the age of eighteen, nor above the age of forty-six years, the sum of two dollars. Sec 7. And be it further enacted, That there shall be al-wdoihn bounty x> > _T . j to soldiers re-en- fowed and paid to each soldier now in the service of the United listing for five States, or discharged therefrom subsequent to the third day ofyears'&c' March, one thousand seven hundred and ninety-four, who shall re-enlist for the term of five years, unless sooner discharged, a bounty of sixteen dollars; and to each person not now in the army of the United States, or discharged, as above, who shall A bounty of #14 hereafter enlist for the term aforesaid, a bounty of fourteen ln(.paerru;nf3un^LQg dollars; but the payment of four dollars of the bounty of each The payment of *See chapter 20. 64 dollars of the and every man so enlisting, shall be deferred, until he shall have bounty deferred, j^j ^ CQrps ^ ^^ he jg t(J ^^ Non-commission- Sec 8. And be it further enacted, That every non-commis- vLsf&c"ofPthe sioned officer, private, and musician, of the artillery and infantry, ftntr^^rreceive shah1 receive, annually, the following articles of uniform clothing, annually, the ar- to wit: one hat, one coat, one vest, two pair of woollen and two tides of uniform . ... ' ,i r • /> 1 r> l * . r> clothing mention-pair of linen overalls, four pair of shoes, four shirts, four pair of socks, one blanket, one stock and clasp, and one pair of buckles. suitable clothing Sec. 9. And be it farther enacted,- That suitable clothing tL ar^oo'ns. &c! be provided for the dragoons, adapted to the nature of the ser- vice, and conformed, as near as may be, to the value of the clothing allowed to the infantry and artillery. Daily rations of Sec. 10. And be it farther enacted, That every non-com- uon-commistioned missioned officer, private, and musician, shall receive, daily, officers,privates, the following rations of provisions, to wit: one pound of beef, or three quarters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy, or whiskey; and at the rate of one quart of salt,'two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations. Additional aiiow- Sec 11. Provided alway's, and be it further enacted, That tothemiKary'em-to those in the military service of the United States, who are, employed on the western frontiers, there shall be allowed, during the time of their being so employed, two ounces of flour or bread, and two ounces of beef or pork, in addition to each of the rations, and half a pint of salt, in addition to every hundred of their rations. Sec 12. And be it farther enacted, That the monthly pay of the officers, non-commissioned officers, musicians, and pri- vates, of the military establishment, be as follows: a major- general, one hundred and sixty-six dollars; a brigadier-general, one hundred and four dollars; quartermaster, inspector, and pay- master generals, each, in addition to their pay in the line, twenty- five dollars; principal artificer, forty dollars; second artificer, twenty-six dollars; lieutenant-colonel commandant, seventy-five dollars; major of artillery and of dragoons, fifty-five dollars; major of infantry, fifty dollars; paymaster, adjutant, and regi- mental quartermaster, in addition to their pay in the line, ten dollars; captain, forty dollars; lieutenants, twenty-six dollars; ensigns and cornets, twenty dollars; surgeons, forty-five dollars; • surgeon's mates, thirty dollars; sergeant-majors, and quarter- master-sergeants, eight dollars; senior musicians, seven dollars; sergeants, seven dollars; corporals, six dollars; musicians, five dollars; privates, four dollars; artificers allowed to the infantry and artillery, farriers and saddlers to the dragoons, each nine dollars; matrons and nurses in the hospital, eight dollars. Sec 13. And be it further enacted, That the commission- ed officers aforesaid, shall be entitled to receive, for their daily subsistence, the following number of rations of provisions: a major-general, fifteen rations; a brigadier-general, twelve rations; a lieutenant-colonel commandant, six rations; a quartermaster, ployed on the wes-or shaV| be L»rt'. frontier, &c. Monthly pay of officers and sol- diers, &c. Kations, 8tc. for commissioned of- ficers. 65 inspector, and paymaster generals, each, six rations; and each aid-de-camp shall receive the monthly pay of twenty-four dollars, . in addition to his pay in the line, be entitled to four rations of provisions for his daily subsistence, and whenever forage shall not be furnished by the public, to ten dollars per month in lieu ' thereof; a captain, three rations; a lieutenant, ensign, and cornet, each, two rations; a surgeon, three rations; a surgeon's mate, two rations; a principal, and second artificer, each, two rations, or money in lieu thereof, at the option of the said officers, at the posts, respectively, where the rations shall become due ; and if, at such posts, supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts, and the position of the place in question. Sec 14. And be it farther enacted, That the officers here- Monthiy.aiiow- inafter described shall, whenever forage shall not be furnished forage, to the of* by the public, receive at the rate of the following enumerated ficers ment,one * sums, per month, instead thereof, to wit: a major-general, twenty-dollars; a brigadier-general, sixteen dollars; quarter- master, inspector, and paymaster generals, each, twelve dollars; lieutenant-colonel commandant, twelve dollars; major, ten dol- lars; captain of dragoons, eight dollars; lieutenant and cornet, each, six dollars; surgeon, ten dollars; surgeon's mate, six dollars; principal artificer, paymaster, adjutant, and regimental quartermaster, each, six dollars. Sec. 15. And be it further enacted, That every person who ^tdeiiceefins shall procure or entice a soldier, in the service of the United one year impri- States, to desert, or who shall purchase, from any soldier, his t^Ts^dLr"^ arms, uniform clothing, or any part thereof; and every captain f™$t [rumf&g or commanding: officer of any ship or vessel, who shall enter on or for a captain , , , .. * i /• i • i • i • j of a vessel enter- board such ship or vessel, as one of his crew, knowing him to ing a deserter have deserted, or otherwise carry away any such soldier, or shall ^°E? lus crew' refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of the court, in any sum not exceeding three hundred dollars, or be imprisoned, for any term not exceeding one year. Sec 16. And be it farther enacted, That no non-commis- 8f00n°d°°^en™i'" sioned officer, or private, shall be arrested, or subject to arrest, and privates sub- for any debt under the sum of twenty dollars. a sum"under $30. Sec 17. And be it further enacted, That if any non-com-Non-commis- missioned officer, musician, or private, shall desert from the ser- privates desTrt-0' vice of the United States, he shall, in addition to the penalties ^f^3"1- mentioned in the rules and articles of war, be liable to serve, for ^ J^*1^ and during such a period as shall, with the time he may have w.u amount to served previous to his desertion, amount to the full term of his eniistmentTand enlistment, and such soldier shall and may be tried and sen- J^^'jJ'J'al" tenced by a regimental, or garrison court-martial, although the term of his enlistment may have elapsed previous to his being apprehended or tried. Sec 18. And be it further enacted, That the sentences of sentences of .... ,, ' ,r ,ii general courts- general courts-martial, in time of peace, extending to the loss martial, in time 5 66 of peace, extend- of life, the dismission of a commissioned officer; of which liiCo/which/in shall, either in time of peace or war, respect a general officer, Ks"ecta general shall, with the whole of the proceedings in such cases, respec- officer, to be laid tively, be laid before the President of the United States; who is dent, &c. hereby authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper.* officers and soi- Sec 19. And be it further enacted, That if any officer, diers wounded in in; . • • r • J i_ 1i the line of duty non-commissioned officer, private, or musician, aforesaid, shall rathe"hs^oTTn- he wounded or disabled, while in the line of his duty, in public vaiids, &c. service, he shall be placed on the list of the invalids of the United States, at such rate of pay, and under such regulations, as shall be directed by the President of the United States, for the proviso; the time being; Provided always, That the rate of compensation satk)nfto tfcom- to be allowed for such wounds or disabilities, to a commissioned nouonexdceedCer °fficer-. shall never exceed, for the highest disability, half the half pay, &c. monthly pay of such officer, at the time of his being so disabled or Then &c to wounded; and that the rate of compensation to non-commis- non-commission- sioned officers, privates, and musicians, shall never exceed five privates'noTto dollars per month: And provided also, That all inferior disabil- peremonth.d°lIs' ities shall entitle the person so disabled, to receive an allowance proportionate to the highest disability. di*Cseto9beldoS-01" S£c 20. And be it farther enacted, That the officers, non- vemedbythe commissioned officers, privates, and musicians, aforesaid, shall of war°cxacept,es be governed by the rules and articles of war which have been *•''• established by the United States, in congress assembled,! (ex- cept so much of the same as is by this act altered or amended,) as far as the same may be applicable to the constitution of the United States; or by such rules and articles as may hereafter by law be established. officers and soi- gEC- 21. And be it further enacted, That every officer, non- diers to take and . . i /v • i • • r • i i n subscribe an commissioned officer, private, and musician, aforesaid, shall oath* take and subscribe the following oath or affirmation, to wit: Form of the oath, u j? a g? do solemnly swear, or affirm, (as the case may be,) Jo bear true allegiance to the United States of America, and to serve them honestly and faithfully, against their enemies or opposers whomsoever, and to observe and obey the orders of the President of the United States, and the orders of the officers ap- pointed over me, according to the rules and articles of war." Actsm force,and Sec 22. And be it faither enacted, That so much of any v^ewofthisact, act or acts, now in force, as comes within the purview of this «peaied; saving, ac^ s\io\\ be, and the same is 'hereby, repealed : saving, never- theless, such parts thereof as relate to the enlistments or term of service of any of the troops, which, by this act, are continued on the present military establishment of the United States. The general stair, Sec 23. And be it further enacted, That the general staff, incservieenuniiie as authorized by this act, shall continue in service until the the4thMarch, fourth day of next March, and no longer. [Approved, May 30, 1796.] * See chap. 8, art. 2, and rules and articles of war, chap. 53, art 65. f See chapter 2, and its supplements. 67 CHAPTER 27. An act to amend and repeal, in part, the act, entitled " An act to ascertain and fix the military establishment of the United States." Sec 1. Be it enacted by the Senate and House of Repre- The sections and sentatives of the United States of America, in Congress as- ^r' °0Vtn'J0^ sembled, That the third section of the act, passed the thirtieth mentioned, fe- Of May, one thousand seven hundred and ninety-six, entitled1*3 "An act to ascertain and fix the military establishment of the United States,"* together with all other parts thereof, which relate to provision made for the major-general and his staff, be repealed: and that all such parts of the said act, together with so much of the twenty-third section, as may be construed to affect the brigadier, and the whole of the eleventh section of the said act be, and are hereby repealed. Sec 2. And be it farther enacted, That there shall be one one brigadier brigadier-general, who may choose his brigade-major and in- eenera1'&c> spector from the captains and subalterns in the line, (to each of whom there shall be allowed the monthly pay of twenty-five dollars, in addition to his pay in the line, and two rations ex- traordinary per day; and, whenever forage shall not be fur- nished by the public, to ten dollars per month in lieu thereof.) That there shall be one judge-advocate, who shall be taken a judge-advocate, from the commissioned officers of the line, and shall be entitled &c' to receive two rations extra per day, and twenty-five dollars per month, in addition to his pay in the line; and whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof. Sec 3. And be it further enacted, That there shall be one A quartermaster quartermaster general, and one paymaster general, who shall master general^ receive the same pay and emoluments, respectively, which those c" officers have heretofore been allowed by law. Sec 4. And be it further enacted, That from and after the Monthly pay of thirtieth day of June next, the monthly pay of the lieutenants cMigns!"18 and shall be thirty dollars, and that of the ensigns twenty-five dol- Double rations to lars: That to the brigadier, while commander-in-chief, and to while"o^mand- each officer, while commanding a separate post, there shall bd thesame'toom^rs allowed twice the number of rations to which they would other- commandingsePa- , . - , J rate posts. wise be entitled. Sec 5. And be it farther enacted, That the majors be en-Majors entitled to titled to receive four rations per day, for their subsistence. j°"rations Per Sec 6. And be it farther enacted, That to each commis- Each commission- sioned officer, who may have been deranged under the act "to ^X^ioS^l ascertain and fix the military establishment of the United 6 months'pay, &c, States," there shall be paid the amount of six months' pay and subsistence. [Approved, March 3, 1797,] * See chapter 26. 68 CHAPTER 28. An act to provide for the further defence of the ports and harhors of the United States.* Sec. 1. Be it enacted by the Senate and House of Represen- «ii5 ooo appro- tatives. of the United Siates of America, in Congress assembled, piiated for forti- That for fortifying certain ports and harbors of the United lying ports and 0 . .x ■> • -, i* i l » harbors. Mates, there De appropriated a sum not exceeding one hundred and fifteen thousand dollars. Fund for defray- Sec. 2. And be it further enacted, That the said appropria- ing the expense. ^Qn ^11 De ^^ an(] discharged out of the surplus of the revenue and income beyond the appropriations heretofore charged thereon. states indebted to Sec 3. A nd be it farther enacted, That the President of the authored toVx- United States be, and he is hereby, empowered to authorize any £ fortificauons"6'of the states which were found indebted to the United States, in and to have credit a settlement of the accounts between them and the respective thereior. - ...... , • i i states, to expend, unaer his direction, the sums respectively due from them, in fortifying their ports and harbors; and the sums which may be so expended, shall be passed to the credit of the said states, on account of the balances found and reported, by the commissioners for settling the accounts between the United States and the individual states, to be due from the said states iwso; as to to the United States: Provided, The said states shall and do for&aSonB.lesofcede to the United States, the lands or places on which such fortifications shall be so erected, in cases where the lands are the property of such states.f [Approved, June 23, 1797.] CHAPTER 29. An act to provide for the widows and orphans of certain deceased officers. ProrWont of the Sec. 1. Be it enacted by the Senate and House of Represen- lmfliunfoA to t We tatives of the United btates of America, in Congress assembled, Sve years, &c That an additional regiment of artillerists and engineers shall and may be engaged, by voluntary enlistments, to serve for the term of five years, unless sooner discharged, and to be orga- nized as follows, that is to say: there shall be one lieutenant- 2^'*^* °* colonel commandant, one adjutant, one surgeon, and three bat- talions, each to consist of one major, one adjutant and paymas- ter, one surgeon's mate, and four companies, of one captain, two lieutenants, two cadets, with the pay, clothing, and rations, organization of* of a sergeant, four sergeants, four corporals, forty-two privates,compan * sappers and miners, ten artificers, to serve as privates, and two musicians, in each company. Sec 2. And be it further enacted, That the additional regi-The regiment t» ment which shall be raised, pursuant to this act, shall be consid-apart of themiu- ered as a part of the military establishment of the United States, £e'n't.estaWi8h~ for the time being; and the commissioned officers, non-commis- sioned officers, privates, artificers, and musicians, who shall en- gage in the said regiment, shall be entitled to the same bounty, pay, and allowances, respectively, according to their correspon- Bounty, pay, >*- dent ranks, as are, or shall be, by law, authorized and provided owances' for the other parts of the same establishment, and shall be gov- erned by the same rules and articles of war, and shall be armed and accoutred in such manner as the President of the United The «gment ^ States shall direct, and shall and may be employed by him, in by the President detachments, or otherwise, in the field, or the fortifications^ puw^serric™ upon the sea coast, as, in his opinion, the public service shallto re<*uire- Tequire. Sec 3. And be it farther enacted, That the secretary of war Necessary book*, shall provide, at the public expense, under the direction of theatcoie public"**- President of the United States, all necessary books, instruments, P"**- and apparatus, for the use and benefit of the said regiment. [Approved, April 27, 1798.] * Repealed and supplied by act of 16th March, 1802—see chapter 49, sections 1, 2, 26 and 29. 70 CHAPTER 31. An act supplementary to the act providing for the further defence of the ports and harbors of the United States.* 260,000 dollars Sec. 1. Be it enacted by the Senate and House of Represen- frilttA^or^rit tatives of the United States of America,in Congress assembled, Nations. That a sum not exceeding two hundred and fifty thousand dollars, in addition to the sums heretofore appropriated, re- maining unexpended, shall be, and is hereby, appropriated, and shall and may be paid out of any moneys not before appropri- ated, to make and complete, at the discretion of the President of the United States, the fortifications heretofore directed for certain ports and harbors, and to erect fortifications in any other place or places, as the public safety shall require, in the opinion of the President of the United States; and which other fortifications he is hereby authorized to cause to be erected, un- der his direction, from time to time, as he shall judge neces- sary. states indebted to Sec. 2. And be it further enacted, That where any state finishing fortifica- which was found indebted to the United States, by the report e're^t'there'for?" °f the commissioners for settling the accounts between the United States and the individual states, shall, with the appro- bation of the President of the United States, proceed to finish or complete any fortifications heretofore commenced by such state, for the defence of any port or harbor within the same, or shall, under the direction of the President of the United States, make and erect any additional fortifications, pursuant to the act, entitled "An act to provide for the further defence of the ports and harbors within the United States,"! as well the pre- vious expenditures, made since the twentieth day of March, one thousand seven hundred and ninety-four, which shall be ap- proved by the President of the United States, as the expendi- tures which have been, or which shall be, directed by him, shall be allowed and credited to such state, on account of the balance p»oTiso;no ex- found and reported, as aforesaid: Provided, That no expendi- ingbalance due to ture exceeding the balance found and reported against the respec- be allowed, &c. t^ye state> shall be allowed as aforesaid ; and provided, that the fortifications for which the whole or any part of the expenditures shall be so allowed and credited as aforesaid, with their privi- leges and appurtenances, shall be, and shall be declared and es- tablished as, the property of the United States, while maintained by them. of2Mj^iw ^Ec* ^' ^n^ ^e ^ further enacted, That these words of the repealed. ' 'said act, entitled "An act for the further defence of the ports and harbors of the United States,"J that is to say, "provided, the said states shall and do cede to the United States, the lands * Original, act of 23d June, 1797, chapter 28. t See chapter 28. * See chapter 28, sec. 3. 71 or places on which such fortifications shall be so erected, in cases where the lands are the property of said states," shall be, and the same are hereby, repealed. [Approved, May 3, 1798.] CHAPTER 32. An act to enable the President of the United States to procure cannon, arras, and ammunition; and for other purposes.* Sec 1. Be it enacted by the Senate and House of Represen- m>m d°lla™ n .y tt .. i n± ± p i • *y~. 7it appropriated to tatives of the United States of America, in Congress assembled, purchase cannon. That a sum, not exceeding eight hundred thousand dollars,smal arms'&c' shall be, and hereby is, appropriated, and shall and may be paid out of any moneys not before appropriated, under the di- rection of the President of the United States, to purchase, as soon as may be, a sufficient number of cannon, also a supply of small arms, and of ammunition and military stores, to be de- posited, and used, as will be most conducive to the public safety and defence, at the discretion of the President of the United States. Sec 2. And be it farther enacted, That the President of The President the United States be, and he is hereby, authorized, in case he foundries and ar- shall find it impracticable to procure by purchase, with certainty mones'&c" and despatch proportionate to the necessities of the public ser- vice, the cannon and arms hereby required, and any considerable part thereof shall be likely to be deficient, to take, by lease, for a term of years, or by sale, in fee, to the United States, one or more suitable place or places where cannon or small arms may be advantageously cast and manufactured, and shall and may there establish foundries and armories, for the manufacture of the same, respectively, and shall cause suitable artizans and laborers to be there employed, for account of the United States; and shall and may appoint one or more persons to superintend the said works, under the direction of the department of war. And an account of the expenditures, which shall be incurred in Account of ex- forming and employing these establishments, and of the cannon FaM befo^'con-* and arms which shall be cast and manufactured therein, re- sre"> annually. spectively, shall be laid before the Congress of the United States, at their next session, and annually thereafter, so long as the same shall be continued. Sec 3. And be it further enacted, That the sum of onehun-100,000 dollar. dred thousand dollars shall be, and hereby is, appropriated, and ffe pTrpoles of' shall be paid out of any moneys not before appropriated, for thethl8 actl hire, purchase, and employ, of the said foundries and armories, respectively, in case such establishments shall be found neces- sary, as hereinbefore provided. [Approved, May 4, 1798.] * See act of 2d April, 1794, chap. 19 ; also chaps. 47, and 59. 72 CHAPTER 33. An act to amend the act, entitled " An act to amend and repeal, in part, the act, entitled • An act to ascertain and fix the military establishment of the United States.' "* The brigadier- general may choose his bri- gade-major and inspector from the commissioned of- ficers of the line. Pay and allow- ances as estab- lished by law, to major Cushing, as inspector. Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United Stales of America, in Congress assembledy That the brigadier-general who is now, or may hereafter be, in the service of the United States, be, and he hereby is, author- ized to choose his brigade-major and inspector, or either of them, from the commissioned officers in the line of the army; and that so much of the second section of the act, entitled "An act to amend and repeal, in part, the act, entitled 'An act to ascertain and fix the military establishment of the United States,"' as confines the choice of brigade-major and inspector to the captains and subalterns of the line, be, and the same is hereby repealed. Sec 2. And be it farther enacted, That the accounting officers of the treasury shall allow to major Cushing the monthly pay, rations, forage, and allowances, for the same, as established by law, for an inspector, during the time he has acted in said capacity by appointment of General Wilkinson. [Approved, May 22, 1798.] CHAPTER 34. An act authorizing the President of the United States to raise a provisional army.f The President Sec 1. Be it enacted by the Senate and House of Represen- CTen'umentioned tatives of the United States of America, in Congress assembled, taking place, raise That the President of the United States be, and he is hereby, men, for three authorized, in the event of a declaration of war against the years. United States, or, of actual invasion of their territory, by a foreign power; or of imminent danger of such invasion discov- ered, in his opinion, to exist, before the next session of Congress, to cause to be enlisted, and to call into actual service, a number of troops, not exceeding ten thousand non-commissioned of- ficers, musicians, and privates, to be enlisted for a term not ex- ceeding three years; each of whom shall be entitled to receive a Bounty of $10. bounty of ten dollars, one half on enlisting, and the other half on joining the corps to which he may belong. ThePresident Sec. 2. And be it further enacted, That the President be, may organize the and he is hereby, authorized to organize, with a suitable num- * Repealed by act of 16th March, 1802, chap. 49—For the act amended, see chap. 27. f Repealed by act of 16th March, 1802,—See chapter 49—See also chapter 43, in connexion with this act. 73 ber of major-generals, And conformably to the military estab-troops, and ap- lishment of the United States, the said troops into corps of ar- {hTrccess'ofiie tillery, cavalry, and infantry, as the exigencies of the service Senate»&c- may require; and, in the recess of the Senate, alone, to appoint the commissioned officers. The appointment of the field offi- gJJS0^™*"1^ cers to be submitted to the advice and consent of the Senate at submitted t!> the their next subsequent meeting. The commissioned, and non- T"ea ^oop" to be commissioned officers, musicians, and privates, raised in pur-°n the footing of the other troops suance of this act, shall be subject to the rules and articles of of the United war, and regulations for the government of the army, and becepted.b°untyeX" entitled to the same pay, clothing, rations, forage, and all other emoluments, bounty excepted, and in case of wounds or dis- ability, received in service, to the same compensation, as the troops of the United States are by law entitled. Sec 3. And be it further enacted, That, in addition to the The President aforesaid number of troops, the President is hereby empowered, "ntee^s/uAddi- at any time within three years after the passing of this act, if, authorized by°ti»a in his opinion, the public interest shall require, to accept of any j!0''1rof/s°*ntedth0£ company or companies of volunteers, either of artillery, caval- ficers, &e. ry, or infantry, who may associate and offer themselves for the service, who shall be armed, clothed, and equipped, at their own expense, and whose commissioned officers the President is hereby authorized to appoint; who shall be liable to be called The volunteer* upon to do military duty, at any time the President shall judge onL perform duty proper, within two years after he shall accept the same; and ££hm two yeBr*» when called into actual service, and while remaining in the volunteers in ae- same, shall be under the same rules and regulations, and shall ^"ooUng" "^ be entitled to the same pay, rations, forage, and emoluments of °ther}r?0,e8>boun- . i iii-i *?an J c»0lh*ngex" every kind, excepting bounty and clothing, as the other troops to cepted. be raised by this act. Sec 4. And be it farther enacted, That in case any such Allowance to »o- volunteer, while in actual service, and in the line of his duty, horses, &c. sustains any damage, by injury done to his horse, arms, or equi- page, or by loss of the same, without any fault or negligence on his part, a reasonable sum, to be ascertained in such manner as the President shall direct, shall be allowed for each and every such damage or loss. Sec 5. And be it further enacted, That whenever the Pre-J^^"^ sident shall deem it expedient, he is hereby empowered to ap-antgenerai, point, by and with the advice and consent of the Senate, a com- mander of the army which may be raised by virtue of this act, and who, being commissioned as lieutenant-general,* may be authorized to command the armies of the United States, and shall be entitled to the following pay and emoluments, viz: two Hispayaademot- hundred and fifty dollars monthly pay, fifty dollars monthlyun,en allowance for forage, when the same shall not be provided by the United States, and forty rations per day, or money in lieu thereof, at the current price, who shall have authority to ap- point, from time to time, such number of aids, not exceeding * The title of lieutenant-general abolished, by act of 3d March, 1799—see chap. 43, sec. 9. 74 Aids and secreta- four, and secretaries, not exceeding two, as he may judge pro- "'•• per, each to have the rank, pay, and emoluments of a lieuten- ant-colonel. The President Sec. 6. And be it further enacted, That, whenever the Pre- £^rPgeneraim sident shall deem it expedient, he is hereby empowered, by and with the advice and consent of the Senate, to appoint an inspec- tor-general, with the rank of major-general; and the major- generals and inspector-general shall, each, be entitled to the Pay and emoiu- following pay and emoluments, viz: one hundred and sixty- generais and in- six dollars monthly pay, twenty dollars monthly allowance •pector-genera. ^ forage^ when the same is not provided by the United States, and fifteen rations per day, or money in lieu thereof, at the cur- rent price; and shall be, and they are hereby, authorized to Tj«y may appoint appoint two aids, each of whom shall have the rank, pay, and emoluments of a major. And at the time aforesaid, the Presi- dent is further empowered, by and with the advice and consent The President of the Senate, to appoint an adjutant-general, who shall have adjutam^nerau1 the rank, pay, and emoluments of a brigadier-general. And the President is hereby authorized, alone, to appoint, from time Assistant inspect- to time, when he shall judge proper, assistant-inspectors, to ors to every sepa- . „J1°-rx.. „1 ' rate portion of the every separate portion of the army, consisting of one or more orsUMdnsub°in-ct divisions, who shall be deputy adjutant-generals thereof, re- br^de'andco™1! sPectively, and wffio shall be taken from the line of the army, and allowed, in addition to their pay, eight dollars per month; and, likewise, to appoint inspectors, and sub-inspectors to each brigade and corps, of every description, at his discretion, taking them from the line of the army, and they shall each receive, while acting in said capacity, an additional pay or six dollars per month. Also, a quarter- Sec 7. And beit further enacted, That in case the Presi- physiciM gene- dent shall judge the employment of a quartermaster-general, te^«erPai^ma3 physician-general, and paymaster-general, or either of them, essential to the public interest, he is hereby authorized, by and with the advice and consent of the Senate, to appoint the same accordingly, who shall be entitled to the rank, pay, and emolu- ments, which follow, viz: quartermaster-general, the rank, Their pay and pay, and emoluments of a lieutenant-colonel; physician-gene- ral, and paymaster-general, each, the pay and emoluments of a Proviso; the Pre-lieutenant-colonel; Provided, That in case the President shall sident may make • j *. j* . . • . j r .1 the appointments judge it expedient to appoint a commander of the army, an m- ™c^s°n&e-in the spector-geheral, adjutant-general, quartermaster-general, physi- cian-general, and paymaster-general, or either of them, in the recess of the Senate, he is hereby authorized to make any or all of said appointments, and grant commissions thereon, which shall expire at the end of the next session of the Senate there- after. Former-laws re- Sec 8. And be it further enacted, That the laws of the toyesSbHshm!nt United States respecting the regulations and emoluments of re- «tended''tolathe cru^ng officers, punishment of persons who shall procure or persons, matter., entice a soldier to desert, or shall purchase his arms, uniform, clothing, or any part thereof; and the punishment of every 75 commanding officer of any ship or vessel, who shall receive on™JJ^»"jJ»» board his ship or vessel, as one of his crew, knowing him to this act. have deserted, or otherwise carry away, any soldier, or refuse to deliver him up to the orders of his commanding officer, and the law respecting the oath or affirmation to be taken by officers, non-commissioned officers, musicians, and privates, and respect- ing the inserting of conditions in the enlistments, and all other lawrs respecting the military establishment of the United States, excepting in such cases where different and specific regulations are made by this act, shall be in force, and apply to all persons, matters, and things, within the intent and meaning of this act, in the same manner as they would, were they inserted at large in the same. Sec 9. And be it further enacted, That the commander The President J it' i may discharge the of the army, inspector-general, adjutant-general, quartermaster- whole, or any general, physician-general, and paymaster-general, and the gen- %£'and scddien eral, field, and commissioned officers, who may be appointed by ^ wdwtbu w't, virtue of this act, shall, respectively, continue in commission *!■«. consistent during such term only as the President shall judge requisite for safety. the public service; and that it shall be lawful for the President to discharge the whole, or any part, of the troops, which may be raised, or accepted, under the authority of this act, when- ever he shall judge the measure consistent with the public safety. Sec 10. And be it farther enacted, That no commissioned No commissioned or staff officer, who shall be appointed by virtue of this act, onntitiedtorpay shall be entitled to receive pay or emoluments until he shall be £/a™uXe^i£! called in actual service, nor for any longer time than he shall continue therein: Provided, nothing: in this section shall bePro.vjs°; **st?r?- ' © . . cruiting service. construed to prevent captains and subalterns from receiving pay and emoluments while employed in the recruiting service : A^nd*J^j£™*~ provided also, That no enlistment shall take place by virtue of three years. this act, after three years from the passing thereof. Sec 11. And be it further enacted, That it shall be lawfulThe 1Pre«.d«jt - -r. *i /» i -r-r • -i n i- t • may loan field ar- for the President of the United States, at his discretion, upon tiiiery to miiitia the request of any militia corps, established by law, in any state, £ Sfehw disposed to inform themselves in the use of artillery, or of thein ,ts use'&c' executive of any state, in behalf of such corps, to suffer to be loaned to them, such pieces, not exceeding two to any one corps, of the field artillery of the United States, as may be most con- veniently spared, to be taken, removed, and returned, at the ex- pense of the party requesting; who are to be accountable for the same, and to give receipts accordingly. Sec 12. And be it farther enacted, That the President of a»JjJ^JJ»^ the United States shall be, and he is hereby, authorized, when, accoutrements^to under his orders, any portion of the militia, or any volunteer teer corps called corps, shall be called forth and engaged in the actual service of Kt^ai serfTc^ the United States, to suffer to be loaned, at the request of the executive of the state from which such militia shall be called forth, or of such volunteer corps, appearing to be unavoidably deficient, a supply of field artillery, arms, and accoutrements, 76 from the arsenals of the United States, as the case may require; proper receipts and security being given to be accountable to return the same, the accidents of the service excepted. The President Sec 13. And be it further enacted, That the President of Sm equipage'for the United States shail be, and he is hereby, authorized to maalbe'i£ewisc cause to he purchased and procured a quantity of caps, swords, loaned. or sabres, and pistols with holsters, not exceeding what may be sufficient for four thousand cavalry, and to be deposited in the parts of the United States where he shall deem it most conve- nient for the supply of any corps of cavalry which shall be called into the actual service of the United States, and which the President of the United States may loan, upon the terms, and the like receipts, to be accountable, as hereinbefore pro- vided : and, for this purpose, and towards defraying the ex- penses which may be necessarily incurred before the next ses- sion of Congress, in executing the other purposes of this act, a Appropriation of sum, not exceeding two hundred thousand dollars, shall be, and purposes of "this6 is hereby, appropriated, and shall and may be paid at the trea- act sury, under the orders of the President of the United States, out of any money not already appropriated. Privates exempt Sec 14. And be it further enacted, That the private sol- Sorconfract, diers who are, and who shall be enlisted and employed in the during their term service of the United States, shall be, and thev are hereby, ex- of service. j i • • n • n n i empted, during their term of service, from all personal arrests, for any debt or contract. And whenever any soldier shall be Judges, &c. upon arrested, whether by mesne process, or in execution, contrary to for'debt, &c. to the intent hereof, it shall be the duty of the judge of the dis- SabeLTo'ipw, trict court of the district in which the arrest shall happen, and ftercMed.eanan'M°*' any justice of the supreme court of the United States, and of discharge', &c. any court or judge of a state, who, by the laws of such state, are authorized to issue writs of habeas corpus, respectively, on application, by any officer of the corps in which such soldier shall be engaged, to grant a writ of habeas corpus, returnable before himself; and, upon due hearing and examination, in a summary manner, to discharge the soldier from such arrest, taking common bail, if required, in any case upon mesne pro- cess, and commit him to the applicant, or some other officer of the same corps. [Approved, May 28, 1798.] CHAPTER 35. An act supplementary to, and to" amend, the act, entitled " An act authorizing the President of the United Statcs to raise a provisional army."* volunteers to ob- Sec 1. Be it enacted by the Senate and House of Represen- be fixed by the tatives of the United States of America, in Congress assembled, President for rp^^ ^ companies 0f volunteers, and the members of each * For original act, see preceding chapter. 77 company, who shall be duly engaged and accepted by the Presi- training and dis- dent of the United States, and organized with proper officersc,plms ' eBW commissioned by him, pursuant to the third section of the act, entitled "An act authorizing the President of the United States to raise a provisional army," shall submit to, and observe such rules of training and discipline, as shall be thought necessary to prepare them for actual service; and which rules the President of the United States is hereby authorized to make and establish; and all such companies and volunteers are hereby exempted, Exempted from until their discharge, or during the time of their engagement, as DU aforesaid, from all militia duty which is or shall be required by the laws of the United States, or of any state, and from every fine, penalty, or disability, wdiich is or shall be provided to en- force the performance of any duty or service in the militia. Sec 2. And be it farther enacted, That the President of The President the United States shall be, and he is hereby, authorized, by andntidoE^inthl with the consent of the Senate, or by himself, in the recess of recess of congress. Congress, pursuant to the said act, to appoint and commission, as soon as he shall think it expedient, such and so many field officers as shall be necessary for the organizing and embody- ing in legions, regiments, or battalions, any volunteer companies who shall engage, and shall be accepted, as aforesaid; and such field officers shall have authority, accordingly, to train and disci- pline such volunteer companies, pursuant to the rules therefor, which shall be established, as aforesaid; Provided, That no of-*«»•«;; n0.fy 7 , ' , Irom the United ficer or volunteer, who shall be appointed, engaged, or employ-states, untiicaiied ed in any training or discipline, as aforesaid, shall be con- sidered as in the pay of the United States, until called into ac- tual service. Sec 3. And be it further enacted, That the President of The President the United States may authorize the sale, at a reasonable rate,^t0uSeee^ sufficient to indemnify the United States, to any company of^«tejy»««j volunteers who shall be accepted, as aforesaid, of such pieces of the 'same, &c artillery, small arms, and accoutrements, to be delivered from the public arsenals, as shall be found necessary for the equipment and training of such volunteers; or may loan the same to them, upon the receipts of their respective officers, to be accounted for, or returned, at the expiration of their engagement, or other discharge: and of such sales or loans, the necessary accounts Accounts of the shall be kept in the war department, and the money, accruing ^ft^* by any sale, shall be paid into the treasury of the United States; ££r««ent,t«., and the same shall be, and is hereby, appropriated for the pur- &c, to be pur- „ *i, i J , xV. D chased with the chase of other artillery, arms, and accoutrements, as tne rresi- m0ney accruing. dent of the United States shall direct. Sec 4. And be it further enacted, That the President of The Preset the United States may proceed to appoint and commission, in ^poiSS Iff the manner prescribed by the said act, such and so many of^^JjJ" the officers authorized thereby, for the raising, organizing, and men a? may'be . . . , •> ' r ., j u * more immediately commanding, the provisional army of ten thousand men, as, in requisite. his opinion, the public service shall more immediately require; 78 any thing which may be supposed in the said act, to the con- trary hereof notwithstanding: Provided, That the officers who SStoVay'uSii" shall be so appointed, shall not be entitled to any pay, subsis- empioyed in actual tence, or other emolument, by reason of such commission, until they shall be, respectively, employed in the actual service of the United States: And provided, That the further raising of the said army shall not be authorized otherwise than as by the said act is provided. [Approved, June 22, 1798.] CHAPTER 36. An act for the establishing and organizing a Marine Corps.* Acorpsofma- Sec 1. Be it enacted by the Senate and House of Represeh- andeorganizerd,lse tativesof the United States of America, in Congress assembled, &c> That in addition to the present military establishment, there shall be raised and organized a corps of marines, which shall consist of one major,f four captains, sixteen first lieutenants, twelve second lieutenants, forty-eight sergeants, forty-eight cor- porals, thirty-two drums and fifes, and seven hundred and twen- ty privates, including the marines who have been enlisted, or are authorized to be raised, for the naval armament, and the said The corps may be corps may be formed into as many companies, or detachments, fTn?et &c?c°m~ as tne President of the United States shall direct, with a proper distribution of the commissioned and non-commissioned officers and musicians to each company or detachment. pay and subsis- Sec 2. And be jt further enacted, That the pay and sub- Mr"privates",&c. sistence of the said officers, privates, and musicians, shall be as follows, to wit: to a major, fifty dollars per month, and four rations per day; to a captain, forty dollars per month, and three rations per day; to a first lieutenant, thirty dollars per month, and three rations per day; to a second lieutenant, twenty-five dollars per month, and two rations per day; and to the non- commissioned officers, privates, and musicians^ conformably to the act, entitled "An act providing a naval armament," as shall be fixed by the President of the United States: and the The President to President of the United States shall be, and he is hereby, autho- mTnts; appoint rized to continue the enlistment of marines, until the said corps fi°e°« in theerc-f~ shall be complete: and, of himself, to appoint the commission- cess, &c. ed officers, whenever, in the recess of the Senate, an appoint- Eniistment for ment shall be necessary. And the enlistments, which shall be jecte,e&cfs'su made by virtue hereof, may be for the term of three years,! sub- ject to be discharged by the President of the United States, or *See chapters 41, 61, 94. •j-See chapter 46, abolishing the office of major, and creating a lieutenant- colonel commandant. % See chapter 61. 79 by the ceasing or repeal of the laws providing for the naval armament. And if the marine corps, or any part of it, shall The marine corps be ordered by the President to do duty on shore, and it shall5? 35tJr™7hd0£ become necessary to appoint an adjutant, paymaster, quarter- the commandant , ■ , r J . < L , of the corps may master, sergeant major, quartermaster sergeant, and drum and appoint the ne- fife major, or any of them, the major or commandant of the ce^c!3*0*" corps is hereby authorized to appoint such staff officer or of- ficers, from the line of subalterns, sergeants, and music, re- spectively, who shall be entitled, during the time they shall do such duty, to the same extra pay and emoluments which are allowed by law to officers acting in the same capacities in the infantry. Sec 3. And be it further enacted, That detachments of Detachment of the the corps of marines hereby authorized, shall be made in lieu of ofThVquo'taTe's1-" the respective quotas of marines which have been established or frlJ)1astejd&0cr the authorized for the frigates, and other armed vessels and galleys, which shall be employed in the service of the United States: and the President of the United States may detach and appoint such of the officers of this marine corps to act on board the frigates, and any of the armed vessels of the United States, re- spectively, as he shall, from time to time, judge necessary, any thing in the act " providing a naval armament" to the contrary hereof notwithstanding. Sec 4. And be it further enacted, That the officers, non- officers, &c. of commissioned officers, privates, and musicians, aforesaid, shall a^oat^be^o- take the same oath, and shall be governed by the same rules and ^"De^ by<****>- •in -i i .» i • i • • lished rules; be articles ot war, as are prescribed for the military establishment entitled to the of the United States,* and by the rules for the regulation of the in^Leof wounds, navy, heretofore, or which shall be, established by law, accord- *°" "t^e„.ted by ing to the nature of the service in which they shall be employed,tioned- and shall be entitled to the same allowance, in case of wounds or disabilities, according to their respective ranks, as are granted by the act " to ascertain and fix the military establishment of the United States."! Sec 5. And be it further enacted, That the non-commis- Exemption ofnon- sioned officers, musicians, seamen, and marines, who are or shall nce^'&c.^rom" be enlisted into the service of the United States; and the non- or"ontr3acts!bts commissioned officers and musicians, who are or shall be enlist- ed into the army of the United States, shall be, and they are hereby, exempted, during their term of service, from all personal arrests, for any debt or contract. Sec 6. And be it farther enacted, That the marine corps, The marine corj* established by this act, shall, at any time, be liable to do duty inVrts^nd ga£ in the forts and garrisons of the United States, on the sea coast, nsons'&c" or any other duty on shore, as the President, at his discretion, shall direct. [Approved, July 11, 1798.] * See chapters 2 and 53. t Sec chapter 26. 80 CHAPTER 37. An act to augment the army of the United States, and for other purposes.* Org»ni*arion of Sec. 1. Be it enacted by the Senate and House of Represent- infaTtry.'B °f atives of the United States of America, in Congress assembled, That from and after the passing of this act, each regiment of infantry in the army of the United States, shall consist of one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, ten captains, ten lieutenants, ten ensigns, one sergeant- major, one quartermaster-sergeant, two senior musicians, forty sergeants, forty corporals, twenty musicians, and six hundred privates; and that the several regiments of infantry now in the service of the United States, be augmented accordingly: Pro- vided always, That the President of the United States may, in Addit.onaisur- his discretion, appoint and distribute such additional number of Kapp^Tnted.may surgeon's mates, and for such length of time, as the exigencies of the service may require. President author- Sec 2. And be it farther enacted, That the President of additionairegf the United States be, and he hereby is, authorized to raise, in menu of infantry addition to the present military establishment, twelve regiments light dragocs, of infantry, and six troops of light dragoons, to be enlisted for dSfferencVs^&c. and during the continuance of the existing differences between the United States and the French republic, unless sooner dis- charged; and the said six troops, together with the two troops atc'toleTrmed of dragoons now in service, shall be formed into a regiment, and &e! *reeament' there shall be appointed thereto one lieutenant-colonel com- mandant, two majors, one adjutant, one paymaster, one quarter- master, one sergeant-major, and one quartermaster-sergeant, whose pay and emoluments, as well as those of the cornets, re- spectively, shall be the same as are by law allowed to officers of the same grades in the infantry. i«We*-g«erai», Sec. 3. And be it further enacted, That there shall be two major-generals, with two aids-de-camp each; one inspector- general, with the rank, pay, and emoluments of a major-general, and two aids-de-camp; three brigadier-generals, in addition to the present establishment; two assistant-inspectors, (who shall be taken from the line of the army,) one adjutant-general, with one or more assistant or assistants, (to be taken from the line of the army,) and four chaplains. Pay «na subsist- Sec 4. And be it farther enacted, That the major-generals, generauT&c.r respectively, shall be entitled to one hundred and sixty-six dol- lars monthly pay, with twenty dollars allowance for forage monthly, and for daily subsistence fifteen rations, or money in lieu thereof, at the contract price; the adjutant-general shall be entitled to the rank, pay, and emoluments, of a brigadier- general; each chaplain to the pay and emoluments of a major; the aids-de-camp and assistant inspectors shall each be entitled * Repealed by act of 16th March, 1802—See chapter 49. 81 to twenty-four dollars monthly, in addition to their pay in the line, and to four rations of provisions, each, fop their daily sub- sistence ; and, whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof. Sec 5. And be it further enacted, That each non-commis- ^l^™™^™' sioned officer, private, and musician, who shall hereafter be en- vates, &c.' to be listed for the army of the United States, shall be able bodied,able bodied'&c' and of a size and age suitable for the public service, according to the directions which the President of the United States shall and may establish, and shall be entitled to a bounty of twelve Bounty of $12. dollars, but the payment of four dollars thereof shall be deferred until he shall have joined the army; and each commissioned of- ficer who shall be employed in the recruiting service, shall be Allowance to re- entitled to receive, for each such non-commissioned officer and cru,t,ne officer»- private, and for each sufficient musician, duly enlisted and mus- tered, the sum of two dollars. Sec 6. And be it further enacted, That the monthly pay Pay of i.on-com- - . ..''',„. .. 1 • ± ■ missioned officers, of the non-commissioned officers, musicians, and privates, in private?. &c the army of the United States, from and after the first day of August next, shall be as follows: cadets, ten dollars, and two rations per day; sergeant-majors, and quartermaster-sergeants, ten dollars; senior musicians, eight dollars; sergeants, eight dollars; corporals, seven dollars;• musicians, six dollars; pri- vates, five dollars; artificers to the infantry and artillery, and farriers and saddlers to the dragoons, shall be allowed, each, the monthly pay of ten dollars. That every non-commissioned Subsistence of officer, private, and musician, shall receive, daily, the follow- XeT^rlvaws, ing rations of provisions, to wit: one pound and a quarter of&e- beef, or three-quarters of a pound of pork; eighteen ounces of bread, or flour; a gill of rum, brandy, or whiskey; 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 7. And be it farther enacted, That the President of the Tbeiveaidentmay United States be, and he hereby is, authorized to appoint a l™ITtixTL^A number, not exceeding four, teachers of the arts and sciences, ^^1^^ necessary for the instruction of the artillerists and engineers, engineers. who shall be entitled to the monthly pay of fifty 'dollars, and two rations per day. Sec 8. And be it further enacted, That the officers, non- °iffircsert50a^k'eoltl>e commissioned officers, musicians, and privates, raised by virtue oath prescribed, of this act, shall take and subscribe the oath or affirmation pre- scribed by the law, entitled " An act to ascertain and fix the military establishment of the United States,"* and they shall be governed by the rules and articles of war which have been, or may be, established by law, and shall be entitled to the legal emoluments in case of wounds or disabilities, received while in actual service, and in the line of duty. And in recess of Se- nate, the President of the United States is hereby authorized to Tberreridajtma, * See chapter 26. 82 make appoint- appoint all the regimental officers proper to be appointed under of^senate.60658 this" act, and likewise to make appointments to fill any vacan- cies in the army, which may have happened during the present session of the Senate. inspector of awn- Sec 9. And be it farther enacted, That there shall be ap- ed, &c. appomt" pointed an inspector of the artillery, taken from the line of artil- lerists and engineers, who shall be allowed thirty dollars per month, in addition to his pay in the line, and four rations of pro- visions for his daily subsistence; and, whenever forage shall not be furnished by the public, he shall be allowed ten dollars per month instead thereof. [Approved, July 16, 1798.] CHAPTER 38. An act to alter and amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments. [extkact.] Purchases & con- Sec 3. And, be it farther enacted, That all purchases, and tracts to be made . n i- • n ,, -x-. i 1 by the secretaries contracts for supplies or services for the military and naval ser- depaTtme^tfand vlce °f tne United States, shall be made by or under the direc- ts* accounts to be tfon of the chief officers of the departments of war and the settled with the • 1 1 n r i* accountants there-navy, respectively, and all agents or contractors for supplies or services as aforesaid, shall render their accounts for settlement to the accountant of the proper department for which such sup-r plies or services are required; subject, nevertheless, to the in- spection and revision of the officers of the Treasury in manner before prescribed. Purveyor of pub- Sec 4. And be it further enacted, That it shall be the duty cute"o?derst0from of the purveyor of public supplies,* to execute all such orders therornavry&.c as he may, from time to time, receive from.the secretary of war or secretary of the navy, relative to the procuring and providing of all kinds of stores and supplies; and shall render his ac- counts relative thereto, to the accountants of the proper depart- ments, which accounts shall be subject to the inspection and re- vision of the officers of the treasury as aforesaid. Provisions of the sEC. 5. Jlnd be it further enacted, That the provisions of the repeakd,sofar^ act, passed on the eighth day of May, one thousand seven hun- dred and ninety-two, entitled "An act making alterations in the treasury and war departments,"! and the act passed on the twen- ty-third day of February, one thousand seven hundred and nine- ty-five, entitled "An act to establish the office of purveyor of public supplies,"^ so far as the same are repugnant to the provi- sions of this act, be, and the same are hereby, repealed. contract* under Sec. 6. And be it furtlier enacted, That all contracts to be * The office of purveyor abolished, by act of 23lh March, IS 12—See chap. 68, sec. 9. ■J- See chap. 16. i See chap. 23: 83 made by virtue of this act, or of any law of the United States, this act, &c. such „ 1 • • .1 i n !• » as require an ad- and requiring the advance of money, or to be in any manner,■>„« 0r money, connected with the settlement of public accounts, shall be de-Jc;hJobc«^?E,* posited in the office of the comptroller of the treasury of the^0r'soffice withi*> United States, within ninety days after their dates, respec- tively. [Approved, July 16, 1798.] CHAPTER 39. An act to regulate the Medical Establishment.* Sec 1. Be it enacted by the Senate and House of Represen- officers in the tatives of the United States of America, in Congress assembled, mtm'ot"he '^ That in the medical establishment of the United States, there United Statw* shall be the following officers ; A physician general, who shall be charged with the superintendence and direction of all mili- tary hospitals, and, generally, of all medical and chirurgical practice or service concerning the army or navy of the United States, and of all persons who shall be employed in and about the same, in camps, garrisons, and hospitals. An apothecary- general, and one or more deputies, who shall be charged with the safe keeping and delivery of all medicines, instruments, dressings, and other articles, for the use of the hospital and army. A purveyor, who shall be charged with providing medi- cines, stores, and whatsoever else may be necessary in relation to the said practice or service. A competent number of hospital sur- geons, who shall be liable to serve in the field, and who shall have the immediate charge and direction of such military hos- pitals as may be committed to their care, respectively. A suit- able number of hospital mates, who are to observe the directions of the hospital surgeons, and shall diligently perform all reason- able duties required of them for the recovery of the sick and wounded. Sec 2. And be it farther enacted, That each military hos- Each military pital shall have a steward, with a competent number of nurses, a°steward,to&cb.aTt and other attendants; which steward shall be charged with the procuring of such supplies as may not otherwise be furnished, and with the safe keeping and issuing of all supplies. Sec 3. And be it farther enacted, That the said physician- Physician-gene- general, hospital-surgeons, purveyor, and apothecary and apothe- TV0)ntCd a°s olhT caries, deputy or deputies, shall be appointed as other officers of officer9>&c- the United States : that the said mates and stewards shall be ap- Mates, and stew- pointed by the authority, and at the direction, of the said phy- SdVy° theP$,U" sician-general, subject to the eventual approbation and control of eiau-seneral>&c- the President of the United States, and shall be removable by * Repealed and supplied by act of the 16th March, 1802—see chapter 49, sections 3 and 29. 84 Hospital surgeons the authority of the said physician-general; and that the sur- toappomt nurses, geon Qf each hospital shall appoint, employ, and fix the compen- sations of, the nurses and other attendants of such hospital, sub- ject to the control of the said physician-general, or the hospital- surgeon, of senior appointment, with a separate army, or in a separate district. Regimental sur- Sec 4. And be it farther enacted, That as often as the re- the wnstnt oMhe gimental sick will not suffer by the employing of the regimental frTthe1' hVitah? surgeons or mates in the temporary or other hospitals of the *c- ' United States, the physician-general, or the hospital-surgeon, of senior appointment, with a separate army, or in a separate dis- trict, with the consent of the general and commander-in-chief, or the officer commanding a separate army, may require the attendance of such surgeons, or surgeon's mates, as, in his opin- ion, can be with safety so withdrawn from their regiments. The physician Sec 5. And be it further enacted, That it shall be the frame 'directions duty of the physician-general, with two or more hospital sur- miufon of patlentij geons, to frame a system of directions relative to the description into hospitals, &c. 0f patients to be admitted into the hospitals; to the means of promoting cleanliness in the hospitals; to the prevention of idleness, skulking, and gambling, in the hospitals; to the pre- vention of the spread of infectious distempers in the camps and hospitals, and the government of nurses, and all others charged with the "care of the sick in camps or hospitals, subject, in the first instance, to the approbation and revision of the command- er-in-chief, the commander of a separate army, or in a sepa- rate district, as the case may be, and, eventually, to the ap- probation and control of the President of the United States: Troviso; the di- Provided always, That the said directions, having received rancUonedr&Sc. the sanction of the commander-in-chief, or the commander of Imiess6 &j?eratlve' a separate army, shall be operative, and remain in full force, unless altered or annulled by the President of the United States. Compensation and Sec 6. And be it farther enacted, That the compensations ^T&c. t°or the of the said several officers shall be as follows : of the physician- 9eveji?1a°dfficers general, one hundred dollars pay per month, and fifty dollars per month, which shall be in full compensation for forage, ra- tions, and travelling expenses: of the purveyor, one hundred dollars pay per month, in full compensation for his services, and all expenses : of the apothecary-general, eighty dollars pay per month, and thirty dollars per month, in full compensation for forage, rations, and all expenses: of each of his deputies, fifty dollars pay per month, and sixteen dollars per month, in full compensation for forage, rations, and all expenses : of each hospital surgeon, eighty dollars pay per month, and forty dol- lars per month, in full compensation for forage, rations, and all expenses : of each mate, thirty dollars pay per month, and twenty dollars per month, in full compensation for forage, ra- tions, and all expenses: of each steward, twenty-five dollars pay per month, and eight dollars per month, in full compensa- / 85 tion for forage, rations, and all expenses : Provided, That none Proviso; now ot of the officers aforesaid, shall be entitled to any part of the pay tiptop"/,&c. or emoluments aforesaid, until they shall, respectively, be called ^^^° into actual service. Sec 7. And be it further enacted, That, for the accommo-Temporary and j ,* o 1 • i c i i i tt • i ai permanent no»- dation of the sick of the army and navy of the United States, pitais may be the physician-general, and hospital surgeon of senior appoint- ptovl e ' ment, with the approbation of the general commanding the army within the district where he shall be, shall have power to provide temporary hospitals; and the physician-general, with the appro- bation of the President of the United States, shall have power to provide and establish permanent hospitals. Sec 8. And be it farther enacted, That all the said officers, The officers of and others, shall, as touching their several offices and duties, be tabiishment to be liable to the rules and regulations for the government and dis- and'VeguiaHorcT cipline of the army; and shall be bound to obey, in conformity ^nthaii0di™~ with law and the usages and customs of armies, the orders and eipiine of the directions of the chief military officers of the respective armies,army' and within the respective districts in which they shall respec- tively serve and be. Sec 9. And be it further enacted, That the physician-gen- The physician- eral, or, in his absence, the senior medical officer, with the ap- can a medical probation of the commander-in-chief, or commanding officer of oar ' c' a separate army, be, and hereby is, authorized and empowered, as often as may be judged necessary, to call a medical board, which shall consist of the three senior medical officers, then present, whose duty it shall be to examine all candidates for em- ployment or promotion in the hospital department, and certify to the secretary of war the qualifications of each. [Approved, March 2, 1799.] CHAPTER 40. An act giving eventual authority to the President of the United States to augment the army.* Sec. 1. Be it enacted by the Senate and House of Represen- 0°^°rf^a.^ tatives of the United States of America, in Congress assembled, vasion, an addi- That it shall be lawful for the President of the United States, for"*nTaybe"' in case war shall break out between the United States and araised- foreign European power, or in case imminent danger of inva- sion of their territory by any such power, shall, in his opinion, be discovered to exist, to organize and cause to be raised, in addition to the other military force of the United States, twenty- four regiments of infantry, a regiment and a battalion of rifle- men, a battalion of artillerists and engineers, and three regi- ments of cavalry, or such part thereof as he shall judge * The 1st and 2d sections of this act expired by the operation of the 11th sec- tion ; the powers thereby conferred, not having been continued for a longer time. 86 necessary; the non-commissioned officers and privates of which to be enlisted for a term not exceeding three years, and to be entitled each to a bounty of ten dollars; one half to be paid at the time of enlistment, and the remainder at the time of joining the regiment to which they may belong. The President, Sec.2. And be it^ further enacted, That the President of the oVthe senior United States be authorized, whenever it shall appear to him to0rpPoTnlthanded expedient, if during the session of the Senate, with their advice communion offi- and consent, if in their recess, alone, to appoint and commission all officers for the said troops, agreeably to the rules and regu- lations prescribed by law for the military establishment: Proviso: general Provided, That the general and field officers who may be ap- to be "submitted8 pointed in the recess of the Senate, shall, at the next meeting the'neift mating, thereof, be nominated and submitted to them for their advice &c. and consent. The officers,non- Sec 3. And be it farther enacted, That the officers, non- oXe'rs,91pHvates, commissioned officers, and privates, of the troops, which may s^me^ay'doX-116 De organized and raised pursuant to this act, shall be entitled to ing, rations, &c. the like pay, clothing, rations, forage, and other emoluments, and &c° subjectTthe to the like compensation in case of disability by wounds, or of waran&c?rtldes otherwise, incurred in the service, as the officers, non-commis- sioned officers, and privates, of other troops of correspondent denominations, composing the army of-the United States; and, with them, shall be subject to the rules and articles of war, and to all other regulations for the discipline and government of the Proviso; none but army. Provided, That no officer, except captains and subal- enuaed"!)0 pay7 terns who may be employed in the recruiting service, shall be aduaiTervle"10 entitled to any pay or other emolument until he shall be called into actual service. The laws of the sECi 4. j{n& oe {f further enacted, That the laws of the United States re- . . J . ' „ spectingthe miii- United States respecting the regulations and emoluments of re- tary establishment *,* nr - t_ x r u l n applicable to the cruiting officers, punishment of persons who shall procure or ra^bfthis^ac^ entice a soldier to desert, or shall purchase his arms, uniform, except, &c. clothing, or any part thereof, and the punishment of every com- manding officer of every ship or vessel, who shall receive on board his ship or vessel, as one of his crewr, knowing him to have deserted, or otherwise carry away any soldier, or refuse to deliver him up to the orders of his commanding officer; and the law respecting the oath or affirmation to be taken, by officers, non-commissioned officers, musicians, and privates; and respec- ting the inserting of conditions in the enlistments; and all other laws respecting the military establishment of the United States, excepting in such cases wrhere different and specific regulations are made by this act, shall be in force, and apply to all persons, matters, and things, within the intent and meaning of this act, in the same manner as they would were they inserted at large in the same. The President Sec 5. And be it farther enacted, That it shall be lawful for Xe^rany^art6, the President of the United States, at his discretion, to dis- ed'und'eTthis'act charge the whole or any part, of the troops which may be raised at discretion. by virlue of this act, whensoever he shall think fit. 87 Sec 6., And be it further en acted, That the President of The President aa- the United States be authorized to organize all such companies ^Z^oXnattlf^ of volunteers, as have been, or shall be, accepted by him pur- &e- suant to the act, entitled "An act authorizing the President of the United States to raise a provisional army,"* into regiments, brigades, and divisions, and to appoint all officers thereof, agreeably to the organization prescribed by law for the army of the United States: And the said volunteers shall not be VoitwteeM not n , ... i • i , i -i compelled to tlerve compelled to serve out of the state in which they reside, a longer than three longer time than three months after their arrival at the place of o7thdr\tete'.out rendezvous. Sec 7. And be it farther enacted, That it shall be laxvful The volunteers for the President of the United States to call forth and employ forth, &£,"for aii the said volunteers in all the cases, and to effect all the purpo- t'^l^^t ses, for which he is authorized to call forth and employ the mi- ed>&c- litia, by the act, entitled "An act to provide for calling forth the militia to execute the lawTs of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for these purposes."! Sec 8. And be it farther enacted, That it shall not be law- The President ful for the President of the United States to accept a greater number ^voiun- number of the said volunteers, in any of the states or temtories i££j^f,j£yS of the United States, than is hereinafter apportioned to them, w apportioned, respectfully; that is to say: To New Hampshire, three thousand; to Massachusetts, ten thousand; to Rhode Island, one thousand; to Vermont, two thousand; to Connecticut, five thousand; to New York, seven thousand; to New Jersey, five thousand; to Pennsylvania, ten thousand; to Delaware, one thousand; to Maryland, five thousand; to Virginia, ten thousand; to Ken- tucky, one thousand; to North Carolina, seven thousand; to Tennessee, one thousand: to South Carolina, four thousand; to Georgia, fifteen hundred; to North Western Territory, one thou- sand; and to Mississippi Territory, five hundred. Sec 9. And be it further enacted, That for the execution $2,000,000appro- „.. .„.,iii/>i , -i x priated for the of this act, if it shall be found necessary to carry it, or any part execution of this of it, into effect, there be appropriated the sum of two millions act- of dollars; and that the President be authorized to borrow, on Juhtnopr^d™tbor. behalf of the United States, the said sum, or so much thereof as row money, &e. he shall deem necessary, (which the bank of the United States is hereby empowered to lend) and upon such terms and condi- tions, as he shall judge most advantageous to the United States: Provided, That such terms and conditions, shall not restrain the |*Jj^J^ United States from paying; off the sum which may be borrowed, the sum bot^mi A ., . . prr-j after 15 years. after the expiration 01 niteen years. Sec 10. And be it further enacted, That so much as may sm-piusofdutie* be necessary of the surplus of the duties on imports and ton- KrtrSE nage, beyond the permanent appropriations heretofore charged g^gft a» upon them by law, shall be, and hereby is, pledged and appro- priated for paying the interest of all such moneys as may be * See chapter 34. t See Appendix, chapter 3. I 88 borrowed pursuant to this act, according to the terms and con- ditions on which the loan, or loans, respectively, may be effect- ed; and also for paying, by discharging, the principal sum or sums of any such loan or loans, according to the terms and con- ditions to be fixed as aforesaid. T»iepowersvested Sec 11. And be it farther enacted, That the powers, by *y AeeutBadndn2d the first and second sections of this act vested in the President Mt''to ceaLtb&c. °f tne United States, shall cease at the expiration of the session unless continued of Congress next ensuing the present, unless they shall be, by **"' some future law, continued in force for a longer time. [Approved, March 2, 1799.] CHAPTER 41. An act authorizing an augmentation of the Marine corps.* The Presidentau- Sec 1. Be it enacted by the Senate and House of Represen- menuhe manL tatives of the United States of America, in Congress assembled, corps by theai That the President of the United States shall be, and he is here- pointments and 1 • 1 l • *i c enlistment men- by, authorized to cause the marine corps in the service of the United States to be augmented, by the appointment and en- listment of not exceeding two first lieutenants, six second lieu- tenants, eight surgeons, one hundred and seventy privates, and eighteen drums and fifes, who shall be respectively, allowed the same pay, bounty, clothing, and rations, and shall be employed under the same rules and regulations, to which the said marine corps are or shall be entitled and subject. [Approved, March 2, 1799.] CHAPTER 42. An act authorizing thc President of the United States to fill certain vacancies in the army and navy. Ts>e President au- gECt 1. Be it enacted by the 'Senate and House of Represen- anpointments, to tatives of the United States of America, in Congress assembled, ciesTnlmTarmy^" That the President of the United States shall be, and he is here- m* »»»y- by, authorized to make appointments to fill any vacancies in the army and navy, which may have happened during the present session of the Senate. [Approved, March 3, 1799.] *See chapter 36. 89 CHAPTER 43. An act for the better organizing of the troops of the United States, and for other purposes.* Sec 1. Be it enacted by the Senate and House of Represen- Organisation of the troop3« tatives of the United States of America, in Congress assembled, That the troops heretofore authorized, and which hereafter may be authorized, to be raised, shall be composed and organized as follows, to wit: A regiment of infantry shall consist of one a regiment of ™- lieutenant-colonel commandant, two majors, first and second,fanliy" one adjutant, one quartermaster, and one paymaster, each being a lieutenant, one surgeon, and two surgeon's mates, ten cap- tains, ten first and ten second lieutenants, besides the three lieu- tenants before mentioned, ten cadets, two sergeant-majors, two quartermaster-sergeants, two chief musicians, first and second, twenty other musicians, forty sergeants, forty corporals, and nine hundred and twenty privates, which, together, shall form two battalions, each battalion of five companies : A regiment a regiment of c»- of cavalry shall consist of one lieutenant-colonel commandant,va y" two majors, a first and second, one adjutant, one quartermaster, and one paymaster, each being a lieutenant; one surgeon, and two surgeon's mates, ten captains, ten first and ten second lieu- tenants, besides the three lieutenants before mentioned, ten ca- dets, two sergeant-majors, twro quartermaster-sergeants, two chief musicians, first and second, ten other musicians, forty sergeants, forty corporals, and nine hundred and twenty pri- vates, including ten saddlers, ten blacksmiths, and ten boot makers; which, together, shall form five squadrons, each squad- ron of two companies: A regiment of artillery shall consist of aregiment of air- one lieutenant-colonel commandant, four majors, one adjutant, one quartermaster, and one paymaster, each being a lieutenant; one surgeon, and two surgeon's mates, sixteen captains, thirty- two lieutenants, besides the three lieutenants before mentioned, thirty-two cadets, four sergeant majors, four quartermaster- sergeants, sixty-four sergeants, sixty-four corporals, one chief musician, ten other musicians, eight hundred and ninety-six privates, including one hundred and twenty-eight artificers, which, together, shall form four battalions, each battalion of four companies: Provided, always, That the number of pri-Proviso; the . . , . • i r i • r l J numberof privates vates raised, and to be raised, for the regiment of cavalry, and for cavalry, &c. the regiments of infantry heretofore authorized, shall not ex- no ceed the number, respectively, for which provision hath been made by law; nor shall the battalion of riflemen, nor the two The battalion off i i* • i f i*ii i • l. • J riflemen, &c. not additional troops of cavalry authorized by this act, be raised, to be raised, unless until further provision shall be so made, unless war shall break oU" &c.a out between the United States and some European prince, potentate, or state, in which case it shall be lawful for the Pre- * Repealed and supplied by art of 16th March, 1802, chapter 49, so far as it conflicts with the provisions of that act. Sections 8, 22, 23, and 24, do not ap- pear to come within the operation of the repealing clause. 90 sident of the United States, at his discretion, to cause the said regiments, or any of them, to be severally completed to their full establishment. Ensigns and cor- Sec 2. And be it further enacted, That every ensign and nets to be denomi- • ,1 • , 1 , r •jiini i mated 2d Ueuten- cornet, in the regiments heretofore appointed, shall be denomi- nated hereafter second lieutenants. compensation of Sec 3. And be it further enacted, That the officers, non- the officers, non- ..1/Y. ... i ' rx xm J commissioned of- commissioned officers, and privates, hereinafter mentioned, whernaninpracatuai who now are, or at any time hereafter may be, in the actual service, &c service of the United States, shall be entitled to, and shall re- ceive the following compensations, to wit: a major-general, one hundred and sixty-six dollars per month, and fifteen rations ( of provisions per day, or an equivalent in money; and when forage shall not be furnished by the United States, the further sum of twenty dollars per month. A 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 as aforesaid. A lieutenant-colonel commandant, seventy-five dollars per month, six rations per day, or an equivalent in money, and twelve dollars for forage, when not furnished as aforesaid. A major of artillery or ca- valry, each, fifty-five dollars per month, four rations per day, or an equivalent in money, and ten dollars per month for fo- rage, when not furnished as aforesaid. A major of infantry, fifty dollars per month, four rations per day, or an equivalent in money, and ten dollars per month for forage, when not fur- nished as aforesaid. ' A captain* of cavalry, forty dollars per month, three rations per day, or an equivalent in money, and eight dollars per month for forage, when not furnished as afore- said. A captain of artillery, and infantry, forty dollars per month, and three rations per day, or an equivalent in money. A first lieutenant of cavalry, thirty dollars per month, two ra- tions per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid. Lieuten- ants of artillery, each, thirty dollars per month, and two rations per day, or an equivalent in money. A second lieutenant of cavalry, twenty-five dollars per month, two rations per day, or an equivalent in mono*', and six dollars per month for forage, when not furnished as aforesaid. A first lieutenant of infan- try, thirty dollars per month, and two rations per day, or an equivalent in money. A second lieutenant of infantry, twenty- five dollars per month, and two rations per day, or an equiva- lent in money. A regimental surgeon, forty-five dollars per month, three rations per day, or an equivalent in money, and ten dollars per month for forage, when not furnished as afore- said. A surgeon's mate, thirty dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid. A regimental paymaster, quartermaster, and adjutant, in addition to their pay in the line, each, ten dollars, and six dollars per month for forage, when not furnished as aforesaid. A cadet of cavalry, 91 ten dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid. All other cadets, ten dollars per month, and two rations per day, or an equivalent in money. A sergeant-major, and a quartermaster-sergeant, each, ten dollars per month. A chief musician, eight dollars per month. A sergeant, eight dollars per month. A corporal, seven dollars per month. A musician, six dollars per month. An artificer to the infantry and artillery, a farrier, saddler, and boot maker to the dragoons, each, ten dollars per month. A private soldier, five dollars per month. And to each of the said non-commissioned officers and privates, one ration of provisions per day. Sec 4. Jlnd be it farther enacted, That all non-commis- Noncommission- sioned officers, artificers, privates, and musicians, who are, and vate9, &"«" who shall be, enlisted, and the non-commissioned officers, arti- g™^^"™^" ficers, privates, and musicians, of the militia, or other corps, who at any time may be in the actual service of the United States^ shall be, and they are hereby, exempted, during their term of service, from all personal arrests, for any debt or con- tract. And whenever any non-commissioned officer, artificer, in case of-wrests, private, or musician, shall be arrested, whether by mesne pro-lueS^corpus, cess, or in execution, contrary to the intent hereof, it shall be "m^u tht°party the duty of the judge of the district court of the United States, to some officers, and of any court or judge of a state, who, by the laws of such state, are authorized to issue writs of habeas corpus, respec- tively, on application by an officer, to grant a writ of habeas corpus, returnable before himself: and upon due hearing and examination, in a summary manner, to discharge the non-com- missioned officer, artificer, private, or musician, from such arrest, taking common bail, if required, in any case upon mesne process, and commit him to the applicant, or some other officer of the same corps. Sec 5. And be it farther enacted, That each non-commis- Non-commissioii- sioned officer, private, artificer, and musician, wdio shall here- Tate°s, &"'to be after be enlisted for the army of the United States, shall be ableable bodied'&c* bodied, and of a size and age suitable for the public service, ac- cording to the directions which the President of the United States shall and may establish; and shall be entitled to a bounty of twelve dollars : but the payment of four dollars thereof shall Bounty of $ 12. be deferred until he shall have joined the army. And each commissioned officer, who shall be employed in the recruiting service, shall be entitled to receive, for each such non-commis- ^2 to the recrvit_ sioned officer, and private, and artificer, and for each sufficient inRhofficer>for musician, duly enlisted and mustered, the sum of two dollars, ibting'&c"en the same being in full compensation for his extra expenses in the execution of this service. Sec 6. And be it farther enacted, That when any officer When officers are shall be detached from a regiment, to serve as an aid to a gen- ^a^V" their eral officer, or as assistant or other inspector, or as an assistant ,,{j^,bh>br*££~ to the quartermaster-general, by whatsoever name, or as an as- **on» or new ap- sistant to the adjutant-general, by whatsoever name, the place pou' of such officer in his regiment shall be supplied, by promotion 92 The officer de- 0r new appointment, or both, as may be requisite; but the offi- his stationCnev°r-cer detached shall, nevertheless, retain his station in his regi- theiess, &c. ment, and shall rank and rise therein, in the same manner as if he had not been detached. officers appointed Sec 7. And be it farther enacted, That no officer shall be &c.Pnot°to'bedo'f appointed as the inspector of a division, who, when appointed, higher rank than sha]i be 0f a rank higher than that of major, or as the inspector those mentioued. . o t o > r of a brigade, who, when appointed, shall be of a rank higher than that of captain, or as the aid of a major-general, who, when appointed, shall be of a rank higher than that of captain, or as the aid of a brigadier-general, who, when appointed, shall be of a rank higher than that of first lieutenant, or as the quar- termaster of a division, who, when appointed, shall be of a rank higher than that of captain, or as the quartermaster of a bri- gade, who, when appointed, shall be of a rank higher than that of first lieutenant, or as an assistant to the adjutant-general, who, when appointed, shall be of a rank higher than that of captain. JbH ad^two t0 ^EC' ^' ^n^ be it farther enacted, That, in the ordinary ar- brigades to a X J <-> «* • j. i" Jii Krgimcnlal pay- thousand dollars, with one or more sumcient sureties, and take meters to g«w an oath, as aforesaid, for the faithful discharge of the duties ofboBd'fc*• 94 Compensation of the paymaster- general, deputy, Maior-general entitled 10 two aids, &c. Brigadier-general entitled to one aid, &c. The President authorized to ap- point two engi- neers, distinct from the officers of the corps of artillerists, &.c. An inspector of fortifications to be appointed, &.c. His compensa- tion, &c. In case the in- spector,' &c. be chosen from the corps of artille- rists, he. his place to be sup- plied by promo- tion, or, Sec- Inspector to re- tain his station in the corps ne- vertheless, &c. Component parts of a ration of provision, Sic. Proviso; no dim- inution of the ra their offices, respectively; and that the paymaster-general shall receive eighty dollars per month, with the rations and forage, of a major, in full compensation for his services and travelling ex- penses; and the deputy, in addition to his pay, and other emol- uments, thirty dollars per month, in full compensation for his extra services and travelling expenses. Sec 16. And be it farther enacted, That every major-gene- ral of the army of the United States shall be entitled to two aids, to be chosen by himself, each of wdiom, in addition to his pay and other emoluments, in his regiment, shall receive twenty- four dollars per month, and ten dollars per month for forage, when not furnished as aforesaid; and that every brigadier-gen- eral of the said army shall be entitled to one aid, to be chosen by himself, who, in addition to his pay and other emoluments, in his regiment, shall receive twenty-four dollars per month, and ten dollars per month for forage, wffien not furnished as aforesaid. Sec 17. And be it farther enacted, That the President of the United States, be authorized to engage and appoint, distinct from the officers of the corps of artillerists and engineers, two engineers, with the rank of lieutenant-colonel, and to stipulate and allow to them, respectively, such compensations as he shall find necessary and expedient. Sec 18. And be it farther enacted, That an inspector of fortifications shall be appointed, whose duties shall be assigned by the secretary of war, under the direction of the President of the United States; that the compensation to be allowed to the said inspector, if selected from the corps of artillerists and en- gineers, in full for his extra services and travelling expenses, shall, besides his pay and emoluments in the corps, be thirty-five dollars per month, and if he shall not be an officer in the artil- lery or army, he shall, in full compensation for his services and expenses, be allowed the sum of seventy-five dollars monthly, and be entitled to the rank of major in the army of the United States; and in case the said inspector shall be chosen from the corps of artillerists and engineers, or army of the United States, his place therein shall be supplied by promotion, or a new ap- pointment, or both, as may be requisite"; but he shall, neverthe- less, retain his station in the said corps, or army, and shall rank and rise therein, in the same manner as if he had never been appointed to the said office of inspector. Sec 19. And be it further enacted, That a ration of pro- visions shall henceforth consist of eighteen ounces of bread, or flour; or, when neither can be obtained, of one quart of rice, or one and an half pound of sifted, or bolted, Indian meal; one pound and a quarter of fi esh beef, or one pound of salted beef, or three-quarters of a pound of salted pork; and, when fresh meat is issued, salt, at the rate of two quarts for every hundred rations; soap, at the rate of four pounds^, and candles, at the rate of a pound and a half for every hundred rations: Provided always, That there shall be no diminution of the ration to 95 which any of the troops now in service may be entitled by the tions to wh.oh r>.i • i* , , troops in service terms oi their enlistment. are entitled, &c. Sec 20. And be it further enacted, That every non-commis- Articles of uniform sioned officer, private, artificer, and musician, of the artillery artillery and im- and infantry, shall receive, annually, the following articles offautry'&c- uniform clothing, to wit: one hat, one coat, one vest, two pair of woollen, and two pair of linen, overalls, four pair of shoes, four shirts, four pair of socks, one blanket, one stock and clasp, and one pair of buckles. Sec. 21. And be it farther enacted, That suitable clothing Suitable clothing be provided for the dragoons, adapted to the nature of the ser- the dragoon*, &c. vice, and conformed, as near as may be, to the value of the cloth- ing allowed to the infantry and artillery. Sec 22. And be it farther enacted, That it shall be lawful commanding offi- for the commander-in-chief of the army, or the commanding of- cause mm, whis- ficer of any separate detachment, or garrison, thereof, at his dis- \^L\ to^he°iroop»: cretion, to cause to be issued, from time to time, to the troops ™l™£ffi^ under his command, out of such supplies as shall have been provided for the purpose, rum, whiskey, or other ardent spirits, in quantities not exceeding half a gill to each man per day, ex- cepting in cases of fatigue service, or other extraordinary occa- sions; and that, whensoever supplies thereof shall be on hand, there shall be issued to the troops vinegar, at the rate of twoissuXwhenever, quarts for every hundred rations. Sec 23. And be it farther enacted, That it shall be lawful £°™™"d"*^fi- for the commanding officer of each regiment, whenever it may clothes to be ai- be necessary, to cause the coats, vests, and overalls, or breeches, &" which may, from time to time, be issued to and for his regiment, to be altered and new made, so as the better to fit them to the persons, respectively, for whose use they shall be delivered, and for defraying the expense of such alteration, to cause to be de- Deduction from i it i-i /*i c- l pay *°r lne ex" ducted and applied, out of the pay of such persons, a sum or pense of altering sums, not exceeding twenty-five cents for each coat, eight cents00 es' for each vest, and for each pair of overalls or breeches. Sec 24. And be it further enacted, That it shall be lawful clothing camp „ J - ' • i i • l J utensils, Sic., to lor the secretary of war to cause to be provided, in each, and be provided by the every year, all clothing, camp utensils, and equipage, medicines, "ypJ^aM,™Z- and hospital stores, necessary for the troops and armies of the tracts>&c- United States, for the succeeding year, and for this purpose to make purchases, and enter, or cause to be entered, into, all ne- cessary contracts or obligations for effecting the same. Sec 25. And be it farther enacted, That whenever any offi- J**^ "^^ cer or soldier shall be discharged from the service, except by except, kc.^*\- way of punishment for an offence, he shall be allowed his pay ratjotls sufficient and rations, or an equivalent in money, for such term of time as J}^™"1,iot*'if shall be sufficient to travel from the place where he receives his with rations and 1 hat the p ay master- general of the army of the United States, orage o a major, ^^jj recejve one hundred and twenty dollars per month, with the rations and forage of a major, in full compensation for his services and travelling expenses, to be computed from the com- mencement of the time of his actual residence at the seat of go- vernment, anything in the "Act for the better organizing of the troops of the United States, and for other purposes,"| to the contrary notwithstanding. The pay of the Sec 2. And be it farther enacted, That the pay of the as- •djutant-^nerai. sistant of the adjutant-gen eral, in addition to his pay and other emoluments in the line of the army, shall be forty dollars per * See the act here partially suspended, chap. 37. f Repealed by act of 16th Marcli, 1802—S^e chap. 49. * See chap. 43. 97 month, which shall be in full compensation for his extra services tobe ftoper and travelling expenses, to be computed from the time of his en- &c. ' teringupon actual service. [Approved, April 22, 1800.] CHAPTER 46. An act fixing the rank and pay of the commanding officer of the corps of marines. Sec 1. Be it enacted by the Senate and House of Represen- a lieutenant-coio- tatives of the United States of America, in Congress assembled, of marineTto'be That a lieutenant-colonel commandant shall be appointed to com- p£y'°&£d> hl3 mand the corps of marines, and shall be entitled to the same pay and emoluments as a lieutenant-colonel in the Army of the United States ; any thing in the act for the establishing and organizing a marine corps to the contrary notwithstanding; and that the office of major of the said corps shall thereafter be abolished. £r abashed!m* [Approved, April 22, 1800.] CHAPTER 47. An act for the regulation of public arsenals and magazines.* Sec 1. Be it enacted by the Senate and House of Representa- Additional com- bes of the United States of America, in Congress assembled, 1™^™^^ That the several officers who now are, or hereafter may be, em- ries> &c* ployed in the armories of the United States, shall be entitled to, and shall receive, the following compensations, in addition to their pay as established by law, to wit: A superintendent ofJhrfations?er ,•*■•' • i ■ i • y a 9uper,n- such armory, three rations per day, or an equivalent in money ; tendent • two ra- , / x- J l x • tioils to» master and a master armorer, two rations per day, or an equivalent in armorer, &c. money. Sec 2. And be it further enacted, That if any person shall Fine°r imPr!50n- ^ ' . •> J- - ment tor enticing procure, or entice, any artificer, or workman, retained or employ- artificers or work- ed in any arsenal, or armory, of the United States, to depart arsenals o^'armo^ from the same during the continuance of his engagement, or gteaste0^&' Unlt*d avoid or break his contract with the United States, or who, af- ter due notice of the engagement of any such workman or ar- morer, in any arsenal or armory, shall, during the continuance of such engagement, retain, hire, or in any wise employ, harbor, or conceal, such artificer or workman, the person so offending shall, upon conviction, be fined, at the discretion of the court- not exceeding fifty dollars, or be imprisoned, for any term not exceeding three months. Sec 3. And be it further enacted, That if any artificer, or Artificer* or workman, hired, retained, or employed, ift any public arsenal or noTe^eeding^aj armory, shall, wantonly and carelessly, break, impair, or destroy, for breakms * See act of 2d April, 1794, chapter 19. 98 or destroying im- any implements, tools, or utensils, or any stock, or materials for CgV perform making guns, the property of the United States; or shall, wil- ftfiyasLvned'&c.^^y anc* obstinately, refuse to perform the services lawfully as- signed to him, pursuant to his contract, every such person shall forfeit a sum, not exceeding twenty dollars, for every such act of disobedience or breach of contract, to be recovered in any court having competent jurisdiction thereof. Artificers and Sec 4. And be it further enacted, That all artificers, and workmen in the - . in, ii-.i • i • armories exempt-workmen, who are or shall be employed in the said armories, sfrvfceranT'from shall be, and they are hereby, exempted, during their term of serving as jurors, service, from all military service, and service as jurors in any court. [Approved, May 7, 1800.] CHAPTER 48. An act supplementary to the act to suspend part of an act, entitled " An act to augment the army of the United States, and for other purposes." The President Sec 1. Be it enacted by the Senate and House of Representa- Sry appmntmTnu lives of the United States of America, in Congress assembled, under the acts That it shall be lawful for the President of the United States to mentioned, &c. suspend any further military appointments under the act to aug- ment the army of the United States, and for other purposes;* and under the ninth section of the act for the better organization of the troops of the United States, and for other purposes,! ac- cording to his discretion, having reference to economy and the good of the service. The President au- Sec 2. And be it farther enacted, That the President of the charge oflkers,s United States shall be, and hereby is, authorized and empower- poinud'ofrai^de(* to discharge, on or before the fifteenth day of June next, all menuouel a&c snc^ °fficers> non-commissioned officers, and privates, as have except the engi- heretofore been appointed, commissioned, or raised, under and by virtue of the said acts, or either of them, except the engineers, inspector of artillery, and inspector of fortifications : Provided Proviso; nothing always, That nothing in this act contained shall be construed twizethere°duc-t0 authorize any reduction of the first four regiments of infantry, jnents°fmentionfa" tne tw0 regiments or artillerists and engineers, the two troops ' of light dragoons, or of the general and other staff, authorized by the several laws for the establishing and organizing of the aforesaid corps. \ Three months' Sec 3. And be it further enacted, That to each officer, non- beyai?owed0t9a'offi-commissioned officer, and private, who shall be discharged from &^i%T" service by virtue of this act, there shall be allowed and paid, in addition to the pay and allowances to which they are now entitled by law, a sum of money equal to three months' pay of such officer, non-commissioned officer and private, respec- tively. [Approved, May 14, 1800.] * See chapter 37. f See chapter 43. t This proviso superseded by the act of 16th March, 1802—See chap- ter 49. 99 CHAPTER 49. An act fixing the military peace establishment of the United States.* Sec 1. Be it enacted by the Senate and House of Representa- Themiiitarypeace fives of the United States of America, in Congress assembled, coSpStf™ That the military peace establishment of the United States, res.imcnt°f artil" r i r r r o lensts and two re- irom and after the first of June next, shall be composed of one giments of infan- regiment of artillerists, and two regiments of infantry, with suchtry' officers, military agents, and engineers, as are hereinafter men- tioned. Sec 2. And be it farther enacted, That the regiment of ar- Organization of a tillerists shall consist of one colonel, one lieutenant-colonel, four [eS?"' °f artl1" majors, one adjutant, and twenty companies, each company to consist of one captain, one first lieutenant, one second lieuten- ant, two cadets, four sergeants, four corporals, four musicians, eight artificers, and fifty-six privates; to be formed into five bat- talions: Provided always, That it shall be lawful for the Presi- Proviso; thePre- dent of the United States to retain, with their present grade, as almanyTfYel^ many of the first lieutenants, now in service, as shall amount to lieutenants>&c- the whole number of lieutenants required; but that, in propor- tion as vacancies happen therein, new appointments be made to the grade of second lieutenants, until their number amount to twenty: and each regiment of infantry shall consist of one co- Organization of a lonel, one lieutenant-colonel, one major, one adjutant, one ser- ™simentofmfan- geant-major, two teachers of music, and ten companies; each company to consist of one captain, one first and one second lieutenant, one ensign, four sergeants, four corporals, four mu- sicians, and sixty-four privates. Sec 3. And be it further enacted, That there shall be one One brigadier- brigadier-general, with one aid-de-camp, who shall be taken fiTdVcamp, &". from the captains or subalterns of the line; one adjutant and in- Adjutant and in- spector of the army, to be taken from the line of field officers;spector' one paymaster of the army, seven paymasters, and two assist- 0ne paymaster of ants, to be attached to such districts as the President of the United States shall direct, to be taken from the line of commis- Paymasters tohave sioned officers, who, in addition to their other duties, shall &cTse° ™s' have charge of the clothing of the troops; three military Military a«ents, agents, and such number of assistant military agents, as the President of the United States shall deem expedient, not ex- ceeding one to each military post; which assistants shall be taken from the line; two surgeons, twenty-five surgeon's Surgeons, &c. mates, to be attached to the garrisons or posts, and not to corps. * The provisions of this act in regard to pay, subsistence, clothing, allow- ances for wi unds and disabilities, and benefits and allowances generally, are adopted by act of March 3d, 1815. The residue may be considered as re- pealed and supplied by that act, and those therein referred to See chapter 100, sections 4 and 7; see also acts additional to this act, chapters 50, 52, 57, and 64. 100 Monthly pay to the Sec 4. And be it furtlier enacted, That the monthly pay mTssionedoffice""°f tne officers, non-commissioned officers, musicians, and pri- privates,&c. vates, be as follows, to wit: to the brigadier-general, two hun- dred and twenty-five dollars, which shall be his full and entire compensation, without a right to demand or receive any ra- tions, forage, travelling expenses, or other perquisite or emolu- ment whatsoever, except such stationery as may be requisite for the use of his department; to the adjutant and inspector of the army, thirty-eight dollars, in addition to his pay in the line, and such stationery as shall be requisite for his depart- ment ; to the paymaster of the army, one hundred and twenty dollars, without any other emolument, except such stationery as may be requisite in his department, and the use of the pub- lic office now occupied by him; to the aid-de-camp, in addi- tion to his pay in the line, thirty dollars; to each paymaster attached to districts, thirty dollars, and each assistant to such paymaster, ten dollars, in addition to his pay in the line; to each military agent, seventy-six dollars, and no other emolu- ment; to each assistant military agent, eight dollars, in addi- tion to his pay in the line ; except the assistant military agents at Pittsburg and Niagara, wdio shall receive sixteen dollars, each, in addition to their pay in the line; to each colonel, seventy-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 adjutant, 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 cadet, ten dollars; to each sergeant-major, nine dollars ; to each sergeant, eight dollars; to each corporal, seven dollars; to each teacher of music, eight dollars; to each musician, six dollars; to each artificer, ten dollars; and to each private, five dollars. Sec 5. And be it further enacted, That the commissioned Kations for com- officers aforesaid, shall be entitled to receive, for their daily missioned officers. subsistence, the following number of rations of provisions: a colonel, six rations ; a lieutenant-colonel, five rations ; a major, four rations ; a captain, three rations ; a lieutenant, two rations ; an ensign, two rations; a surgeon, three rations; a surgeon's mate, two rations ; a cadet, two rations ; or money in lieu there- of, at the option of the said officers and cadets, at the posts, re- spectively, where the rations shall become due; and if at such posts supplies are not furnished by contract, then such allow- ance as shall be deemed equitable, having reference to former contracts, and the position of the place in question: and each nations for non- non-commissioned officer, musician, and private, one ration; commissioned offi- ,,, i- n- p i . , ijj* cers, privates, &c. to the commanding officers of each separate post, such addi- wtocommand:tional number of rations as the President of the United States ing officers of sep- gha]^ fr0m time to time, direct, having respect to the special circumstances of each post; to the women who may be allow- 101 ed to any particular corps, not exceeding the proportion of four Rations for w©- x- -L. x T_ x 1 ..„„„ ™men allowed t» to a company, one ration each; to such matrons and nurses as auy corps, &c. may be necessarily employed in the hospital, one ration, each; ^onsmdnur^ and to every commissioned officer who shall keep one servant, &c, not a soldier of the line, one additional ration. Sec 6. And be it further enacted, That each ration shall Each ration> • , r- jj i* i r> j/i j /.consist of the ar- consist of one pound and a quarter of beef, or three-quarters ot tides, and the a pound of pork, eighteen ounces of bread or flour, one gill ofJ^a?8' mea" rum, whiskey, or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and an half of candles, to every hundred rations. Sec 7. And be it further enacted, That the' following Allowance in He* officers shall, whenever forage is not furnished by the public, ° receive at the rate of the following sums per month in lieu thereof: each colonel, twelve dollars; each lieutenant-colonel, eleven dollars; each major, ten dollars; each adjutant, six dol- lars; each surgeon, ten dollars; and each surgeon's mate, six dollars. Sec 8. And be it farther enacted, That every non-commis- Uniform clothing sioned officer, musician, and private, of the artillery and infan- missioned officers try, shall receive, annually, the following articles of uniform AeartVikry'ana clothing, to wit: one hat, one coat, one vest, two pair of wool- infailtI7)&c- len, and two pair of linen, overalls, one coarse linen frock and trowsers for fatigue clothing, four pair of shoes, four shirts, two pair of socks, two pair of short stockings; one blanket, one stock and clasp, and one pair of half gaiters: and the secre- The secretary of tary of war is hereby authorized to cause to be furnished to paymasters to be the paymasters of the respective districts, such surplus of cloth- surpjuVciothin^ ing as he may deem expedient, which clothing shall, under his^tth^ol^ss>at direction, be furnished to the soldiers, when necessary, at the &•<=. contract prices, and accounted for by them out of their arrears of monthly pay. Sec 9. And be it further enacted, That the President of The President to the United States cause to be arranged the officers, non-com- thomed by tw» missioned officers, musicians, and privates, of the several corps ?roop°Uin service, of troops now in the service of the United States, in such&e* manner as to form and complete, out of the same, the corps aforesaid; and cause the supernumerary officers, non-commis-Supernumerary sioned officers, musicians, and privates, to be discharged from vates to bedis. the service of the United States, from and after the first day ofc arge' April next, or as soon thereafter as circumstances may permit. Sec 10. And be it further enacted, That the officers, non- *•?<• ofc« ami: • * i /y* J • • i • , c x\. . j privates to be go- commissioned officers, musicians, and privates, ot tne saidvemed by the corps, shall be governed by the rules and articles of war, which of war^esuwuh! have been established by the United States in Congress assem- $£$£ esUb' bled,* or by such rules and articles as may be hereafter by law established:! Provided, nevertheless, That the sentence of Proviso; senten- general courts-martial, extending to the loss of life, the dismis- courts -martial sion of a commissioned officer, or which shall respect the extendil,st0 the * See chapter 2, with its supplements. f See chapter 53. 102 bMi°-dbfe? &°'t0 r?enera^ °fficer? shall, with the whole of the proceedings of such President, &c. e cases, respectively, be laid before the President of the United States, who is hereby authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper. Recruiting offi- Sec 11. And be it further enacted, That the commissioned cers entitled to rv. , i " i i 1 • ,i two dollars for omcers who snail be employed in the recruiting service, to enU,p&c.0ofththe keep uPj dv voluntary enlistments, the corps as aforesaid, shall rionerdption men" ^e entWed to receive, for every effective, able bodied citizen of the United States, who shall be duly enlisted by him, for the term of five years, and mustered, of at least five feet six inches high, and between the ages of eighteen and thirty-five years, Proviso; reguia- the sum of two dollars: Provided, nevertheless, That this re- ag°n0ot toSextend gulation, so far as respects the height and age of the recruit, to musicians, &c. g^gji not extencj to musicians, or to those soldiers who may re- Proviso; no per-enlist into the sendee: And provided, also, That no person enlisted witho^6 under the age of twenty-one years shall be enlisted by any offi- renSc°fhiSpa"cerJ or held in the service of the United States, without the consent of his parent, or guardian, or master, first had and ob- officers enlisting tained, if any he have; and if any officer shall enlist any per- tothisSact0torfor. son contrary to the true intent and meaning of this act, for Sd cuTthin^sTc. 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. Bounty of $12 to Sec 12. And be it further enacted, That there shall be al- each recruit. lowed and paid to each effective able bodied citizen, recruited as aforesaid, to serve for the term of five years, a bounty of Payment of $6 0ftwelve dollars; but the payment of six dollars of the said bounty f«red°&ty de* skan ke deferred, until he shall be mustered and have joined the corps in which he is to serve. Arrears of pay not Sec 13. And be it farther enacted, That the said corps shall months? tw° be paid in such manner that the arrears shall, at no time, exceed two months, unless the circumstances of the case shall render it unavoidable. officers and Pri- Sec 14. And be it farther enacted, That if any officer, non- woundds'3&c?tobecommisswned officer, musician, or private, in the corps corn- placed on the list posing the peace establishment, shall be disabled by wounds or ot invalids at a ■*- o x * %* rateof pay'to be otherwise, while in the line of his duty, in public service, he President.7 ' " shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as may be di- rected by the President of the United States, for the time being: fa^nforwrJnds" Provided always, That the compensation to be allowed for &c. not to exceed such wounds or disabilities, to a commissioned officer, shall not cers, &cy. ° ° exceed, for the highest rate of disability, half the monthly pay of such officer at the time of his being disabled or wounded; tion for wounds, and that no officer shall receive more than the half pay of a miCssioned°offic™s lieutenant-colonel; and that the rate of compensation to non- to Mceed'&c. "°l commissioned officers, musicians, and privates, shall not exceed Proviso;'allow- five dollars per month: And provided, also, That all inferior •^.nS°to." disabilities shall entitle the person so disabled to receive an al- abiUues, lowance proportionate to the highest disability. 103 Sec 15. And be it further enacted, That if any commissioned ™rwg'*£ officer in the military peace establishment of the United States, dows or children shall, while in the service of the United States, die, by reason °mcc°e~^m of any wound received in actual service of the United States, ££&-£»£ and leave a widow, or, if no widow, a child or children under &c. sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to and 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 in^of a« i^ intermarriage of such widow, before the expiration of the said ^""^"ae term of five years, the half pay, for the remainder of the time,££&.*££, shall ffo to the child or children of such deceased officer: Pro- Proviso; the half vided always, That such half pay shall cease on the decease of K^r°£e such child or children. Sec 16. And be it further enacted, That the; paymaster™*m™X£ shall perform the duties of his office agreeably to the direction ofhi80ffice agree- of the President of the United States for the time being; and, ^^ *™r before he enters on the duties of the same, shall give bonds, J^ *^£ with o-ood and sufficient sureties, in such sums as the President powautrict pay- shall direct, for the faithful discharge of his said office; and shallma9 ers' take an oath to execute the duties thereof with fidelity: and it shall, moreover, be his duty to appoint from the line, with the approbation of the President of the United States, the several paymasters to districts, and assistants, prescribed by this act; and he is hereby authorized to require the said paymaster to dis- tricts, and assistants, to enter into bond, with good and suffi- cient surety, for the faithful discharge of their respective duties. Sec 17. And be it farther enacted, That it shall be the M^ryagenu to duty of the military agents, designated by this act, to purchase, ward military receive, and forward, to their proper destination, all military £,!&f£'for stores, and other articles for the troops in their respective de- partments, and all goods and annuities for the Indians, which they may be directed to purchase, or which shall be ordered into their care by the department of war. They shall account Military ltgmta tc with the department of war, annually, for all the public pro- ~ «--fr. perty which may pass through their hands, and all the moneys an oath, &c. which they may expend in discharge of the duties of their offices respectively; previous to their entering on the duties ot their offices, they shall give bonds, with sufficient sureties, in such sums as the President of the United States shall direct, for the faithful discharge of the trust reposed in them; and shall take an oath faithfully to perform the duties of their re- spective offices. Sec 18. And be it farther enacted, That if any^non-com-^on-commi.^ missioned officer, musician, or private, shall desert the service priviaes de,ert- of the United States, he shall, in addition to the penalties men- ER^M tioned in the rules and articles of war, be liable to serve, for*™«f£* and during such a period, as shall with the time he may the penalties, &e. have served previous to his desertion, amount to the MJS'^JH* term of his enlistment; and such soldier shall and *ay be^^g^ tried by a court-martial, and punished, although the term of his 104 may have elapsed, enlistment may have elapsed previous to his being apprehended or tried. Persons enticing Sec 19. And be it further enacted, That every person who pwchasin^ their'' shall procure, or entice, a soldier in the service of the United m^terfof'vessels States to desert, or who shall purchase from any soldier his arms, entering a desert- uniform clothing, or any part thereof; and every captain or com- er on board among ,. OC c- k- 1 1 1 * 11 j 1 1 their crews, &c, manding officer of any ship or vessel, who shall enter on board Imprison^ °r suc^ ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any such soldier, or shall re- fuse to delivei 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, or be imprisoned, any term not exceeding one year. officers and pri- Sec 20. And be it further enacted, That every officer, non- oath. ° e!' commissioned officer, musician, and private, shall take and sub- scribe the following oath or affirmation, to wit: "I, A B, do solemnly swear, or affirm, (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 orders of the officers appointed over me, according to the rules and articles of war." ^r^m ftml ^EC' ^' ^n^ ^e ^ further enacted, That whenever a ordered, the Pie- general court-martial shall be ordered, the President of the ajudgradvo^e"11 United States may appoint some fit person to act as judge-ad- pay11 &dditional vocate, wdio shall be allowed, in addition to his other pay, one dollar and twenty-five cents for every day he shall be necessarily ™ .u i> j . employed in the duties of the said court, and in cases where the If the President x _ J > i l • t does not appoint, President shall not have made such appointment, the bngadier- nerai"|ac.)emlyy general, or the president of the court may make the same. Reasonable com- Sec 22. And be it further enactedpfThat where any com- traexpe^sesrin- missioned officer shall be obliged to incur any extra expense in traveningonrit- *n travelling, and sitting on general courts-martial, he shall be ting • actually incurred, not exceeding one dollar and twenty-five cents per day to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage. Sec 23. And be it further enacted, That no non-commis- sioned officer, musician, or private, shall be arrested, or subject to arrest, or to be taken in execution, for any debt under the sum of twenty dollars, contracted before enlistment, nor for any debt contracted after enlistment. officers and soi- Sec 24. And be it further enacted, That, whenever any dischargearVbe officer or soldier shall be discharged from the service, except MtioTnesdfor7th^d by way of punishment for any offence, he shall be allowed his tjuhelr re«aTecdv! P.ay anc^ rati°ns, or an equivalent in money, for such term of residences, &c. time as shall "ke sufficient for him to travel from the place of 105 discharge to the place of his residence, computing at the rate of twenty miles to a day. Sec 25. And be it further enacted, That to each commis- Additional pay sioned officer, who shall be deranged by virtue of this act, de°anged0by this8 there shall be allowed and paid, in addition to the pay andact- emoluments to which they will be entitled by law at the time of their discharge, to each officer whose term of service in any military corps of the United States shall not have exceeded three years, three months' pay; to all other officers, so deranged, one month's pay of their grades, respectively, for each year of past service in the army of the United States, or in any regiment or corps now or formerly in the service thereof. Sec 26. And be it further enacted, That the President of The President the United States is hereby authorized and empowered, when he ™*Jp°r0gf ^! shall deem it expedient, to organize and establish a corps of en- neers'&c- gineers, to consist of one engineer, with the pay, rank, and emol- Corps of engi- o ' . q i . x j/ j neers to be com- uments of a major; two assistant engineers, with the pay, rank, posed of the offi- and emoluments of captains; two other assistant engineers, withcersmen 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 cadets and their dollars per month, and two rations per day: and the Presidentpay: of the United States is, in like manner, 'authorized, when he The mr^d«°t shall deem it proper, to make such promotions in the said corps, motions in the with a view to particular merit, and without regard to rank, soneers,withealiew as not to exceed one colonel, one lieutenant-colonel, two majors, ^ePatrt|"Ja*0 as four captains, four first lieutenants, four second lieutenants, and not to exceed, &c. so as that the number of the whole corps shall, at no time, ex- ceed twenty officers and cadets. Sec 27. And be it further enacted, That the said corps, ™*J0|;Psb°ften" when so organized, shall be stationed at West Point, in the tioned at west state of New York, and shall constitute a military academy; an'acad'emy,and and the engineers, assistant engineers, and cadets of the said th^Presidentmay corps, shall be subject, at all times, to do duty in such places, direct. and on such service, as the President of the United States shall direct. Sec. 28. And be it further enacted, That the principal en-The principal en- gineer, and, in his absence, the next in rank, shall have the tend the military superintendence of the said military academy, under the direc- academy>&c- tion of the President of the United States; and the secretary of The secretary of war is hereby authorized, at the public expense, under such regu- ^VeXsary™ lations as shall be directed by the President of the United States, b°°ks> &«• to procure the necessary books, implements, and apparatus, for the use and benefit of the said institution. Sec 29. And be it further enacted, That so much of any Acts, &c. within act or acts, now in force, as comes within the purview of this Jh?s ^"repealed; act, shall be, and the same is hereby, repealed; saving, never- savins>&c< theless, such parts thereof as relate to the enlistments, or term of service, of any of the troops which by this act are continued on the present military establishment of the United States. [Approved, March 16, 1802.] 106 CHAPTER 50. An act in addition to an act, entitled "An act fixing; the military peace establish- ment of the United Slates." Two teachers of Sec 1. Be it enacted by the Senate and House of Represen- toThe wtiiiMhlt tatives °f the United States of America, in Congress assembled, fcc. 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 law allowed to the teachers of music in the regiments of infantry in the service of the United States. The President to Sec 2. And be it farther enacted, That the President of ofPthenFrenchherthe United States be, and he is hereby, authorized to appoint language, and a one teacher of the French language, and one teacher of draw- teacher ol draw- . c p ' . ing, to the corps ing, to be attached to the corps of engineers, whose compensa- engmeers, c. ^Qn shall not exceed the pay and emolument of a captain in the lihe of the army. The commanding Sec 3. And be it farther enacted, That the commanding officer of the corps officer of the corps of engineers be authorized to enlist, for a 01 engineers au- x o t ' thorized to enlist term not less than three years, one artificer, and eighteen men, one artificer, and to aid in making practical experiments, and for other purposes; eighteen men, &c. ^ recerve ^e same paVj rations, and clothing, as are allowed to the artificers and privates 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 war.* The President au- Sec 4.f And be it farther enacted, That the President of to "the6 office™w the United States be, and he is hereby, authorized to allow to exceeXegd3,ooo the paymaster of the army, the adjutant and inspector of the dollars for clerk army, and the military agent at Philadelphia, such sums, not exceeding, in the whole, three thousand dollars, for clerk hire, as their respective duties may, in his opinion, reasonably require. [Approved, February 28, 1803.] CHAPTER 51. An act directing a detachment from the militia of the United States, and for erecting certain arsenals. [extract.] $25,000 appropri- Sec. 5.J And be it further enacted, That twenty-five thou- oneVr mortars!-sant* dollars be appropriated for erecting, at such place or places, nais on the west- 0n the western waters, as the President may judge most proper, one or more arsenals; and that the President cause the same to be furnished with such arms, ammunition, and military stores, as he may deem necessary. [Approved, March 3, 1803.] * See chapter 71, section 1. •j- Superseded by subsequent provisions in the civil list. I The residue of this act relates exclusively to detaching a body of militia, and is. therefore, not inserted here. 107 CHAPTER 52. An act in addition to "An act for fixing the military peace establishment of the United States."* Sec 1. Be it enacted by the Senate and House of Represen- Not exceeding six tatives of the United States of America, in Congress assembled, may be appoint- That there shall be appointed, in addition to the surgeon's mates '„ gal-Hsons'o?"* provided for by the "Act fixing the military peace establishment rost8'&c- of the United States," as many surgeon's mates, not exceeding six, as the President of the United States may judge necessary, to be attached to garrisons or posts, agreeably to the provisions of the said act. Sec 2. And be it further enacted, That an equivalent in An equivalent in i, i* l i v i ,i , n ., malt liquor, or low malt liquor, or low wines, may be supplied the troops of the wines, may be sup- United States, instead of the rum, wffiiskey, or brandy, which, by fnltead'ofnwilw.' 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 opin- ion of the President of the United States, may be necessary for the preservation of their health. [Approved, March 26, 1804.] CHAPTER 53. An act for establishing rules and articles for the government of the armies of the United States.f Sec 1. Be it enacted by the Senate and House of Representa- Rules and articles tives of the United States of America, in Congress assembled, mies^r'the united That, from and after the passing of this act, the following shall ^erneTaftertht be the rules and articles by which the armies of the United passing of this act. States shall be governed: Article 1. Every officer now in the army of the United Every officer to States shall, in six months from the passing of this act, and ruieTa'nd regu- every officer who shall hereafter be appointed shall, before he,at,ons- enters on the duties of his office, subscribe these rules and regu- lations. Art. 2. It is earnestly recommended to all officers and sol-officers & soldiers diers diligently to attend divine service, and all officers who divmesei'vice,and shall behave indecently or irreverently at any place of divine \t?n*toj* un^ worship shall, if commissioned officers, be brought before a {jajjno|rcePrimand» general court-martial, there to be publicly and severely repri- manded by the president; if non-commissioned officers or sol- diers, every person so offending shall, for his first offence, for- feit one-sixth of a dollar, to be deducted out of his next pay; * Original act, chapter 49. + These rules and articles, with the exceptions indicated by the notes annexed to trUcles, 20, 65, and 87, remain unaltered and in force at present. 108 for the second offence, 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 com- pany, to the use of the sick soldiers of the company or troop to which the offender belongs. Reprimand, fine, Art. 3. Any non-commissioned officer or soldier who shall fane oathT.o? ex°- use any profane oath or execration, shall incur the penalties ex- crations,&c. pressed in the foregoing article; and a commissioned officer shall forfeit and pay, for each and every such offence, one dollar, to be applied as in the preceding article. chaplains absent- Art. 4. Every chaplain, commissioned in the army or armies ce|t%TeikbSi'eeto of the United States, who shall absent himself from the duties fine or discharge, assigned him, (excepting in cases of sickness or leave of absence) shall, on conviction thereof before a court-martial, be fined not exceeding one month's pay, besides the loss of his pay during his absence; or be discharged, as the said court-martial shall judge proper. officers using con- Art. 5. Any officer or soldier who shall use contemptuous ag"amst0the Presj- or disrespectful words against the President of the United States, dent,' Vcongres3, against the Vice President thereof, against the Congress of the ed°' &cbeandSnon- United States, or against the Chief Magistrate or legislature of commissioned offi-any of the United States in which he maybe quartered, if a cers & soldiers to J IXC i 11 i i • j ji • • 1. J suffer punishment commissioned officer, snail be cashiered, or otherwise punished, court-martiai^ aas a court-martial shall direct; if a non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court-martial. b^eh'T^wHhd" Art. 6. Any officer or soldier who shall behave himself with respect towards contempt or disrespect towards his commanding officer, shall be ce™™tonbepSuntshIpunished, according to the nature of his offence, by the judg- cou^mSi.nt°fment of a court-martial. Death, &c. for be- Art. 7. Any officer or soldier who shall begin, excite, cause, wgSny, &C?1 or Jom *n> anY mutiny or sedition in any troop or company in the service of the United States, or in any party, post, detach- ment, or guard, shall suffer death, or such other punishment as by a court-martial, shall be inflicted. officers or soldiers Art. 8. Any officer, non-commissioned officer, or soldier, present at a muti- it* , , . • •.*,* i ,. ny, and not en- who, being present at any mutiny or sedition, does not use his presVs0it,nic0toUbe" utmost endeavor to suppress the same, or coming to the know- Seith'orouier- kdge °f anv intended mutiny, does not, without delay, give in- cise, &c. formation thereof to his commanding officer, shall be punished by the sentence of a court-martial, with death, or otherwise, ac- cording to the nature of his offence. officersorsoidiers Art. 9. Any officer or soldier who shall strike his superior rior/lsfc. to s'Xr officer, or draw or lift up any weapon or offer any violence against $un\shment,&c.er him? being in the execution of his office, on any pretence what- soever, or shall disobey any lawful command of his superior of- ficer, shall suffer death, or such other punishment as shall, ac- cording to the nature of his offence, be inflicted upon him by. the sentence of a court-martial. WoB-commis- Art. 10. Every non-commissioned officer or soldier, who 109 shall enlist himself in the service of the United States, shall, at sioned officers and the time of his so enlisting, or within six days afterwards, have ?hearticies°forthe the articles for the government of the armies of the United f'T;"'""!!!?ft^ o t , armies read to States read to him, and shall, by the officer who enlisted him, them, and take an oath &c. 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 an officer of the army, or, where recourse cannot be had to the civil magistrate, before the judge advocate, and, in his presence, shall take the following oath or affirmation: "I, A B, Form of the oath. do solemnly swear, or affirm, (as the case may be) that I will bear true allegiance to the United States of America, and that I will serve them, honestly and faithfully, against all their enemies or opposers whatsoever, and observe and obey the orders of the President of the United States, and the orders of the of- ficers appointed over me, according to the rules and articles for the government of the armies of the United States:" Which The justice, &c. justice, magistrate, or judge advocate, is to give the officer a cate^tlTaAhToath certificate, signifying that the man enlisted did'take the said oath wa3 taken' or affirmation. Art. 11. After a non-commissioned officer or soldier shall Non-commission- have been duly enlisted and sworn, he shall not be dismissed LidieVno™ t0abe the service without a discharge in writing; and no discharge vicr^wrthout861^ granted to him shall be sufficient, which is not signed by a field discharge in wri- officer of the regiment to which he belongs, or commanding NoSdischarge suf- officer where nO field officer of the regiment is present; and signed b^afieid no discharge shall be given to a non-commissioned officer, or ?^CQ£; ctarge &<-. soldier, before his term of service has expired, but by order of before the termor the President, the secretary of war, the commanding officer of ed/butby^rd^of a department, or the sentence of a general court-martial; nor c0mm^n"!i&oCf- shall a commissioned officer be discharged the service but by 5?er.s not, tot, be n x rr • i a t< discharged the order of the President of the United States, or by sentence of a service but by or- ! .. , > j der of the Presi- general court-martial. dent, &c. Art. 12. Every colonel, or other officer, commanding a regi- ^j615. &c.\ ment, troop, or company, and actually quartered with it, may their regiments, give furloughs to non-commissioned officers or soldiers, in such i0Ughsayt|lvnon- numbers, and for so long a time, as he shall judge to be most ^""o^'forf consistent with the good of the service; and a captain, or other &c. inferior officer, commanding a troop or company, or in any gar- ^mandin^&c. rison, fort, or barrack, of the United States, (his field officer be- ^Ji" far- \ \ ' -. . • • i ai loughs to non- mg absent) may give iurloughs to non-commissioned omcers or commissioned offi- soldiers, for a time not exceeding twenty days in six months, f0r2o daysVTi* but not to more than two persons to be absent at the same time, 1™ih3> ^ut not» excepting some extraordinary occasion should require it. At every muster Art. 13. At every muster, the commanding officer of each 0fficers,mi&c. "to regiment, troop, or company, there present, shall give to the sj7esJ°_ *e ^ commissary of musters, or other officer who musters the l said te™, certificates, regiment, troop, or company, certificates signed by himself, sig-ho°w ling offifers nifying how long such officers, as shall not appear at the said.^^S'Slnt, muster, have been absent, and the reason of their absence. Inand the «**■<»■<* like manner, the commanding officer of every troop, or com- Commanding offi- 110 cers of troops or pany, shall give certificates, signifying the reasons of the ab- ceHiS" Vthe sence of the non-commissioned officers and private soldiers, absence of pri- which reasons, and time of absence, shall be inserted in the muster rolls, opposite the names of the respective absent officers The certificates, and soldiers. The certificates shall, together with the muster to°thedepra€rTmeid rolls, be remitted, by the commissary of musters, or other officers of war, ttc. mustering, to the department of war, as speedily as the distance of the place will admit. officers convicted Art. 14. Every officer who shall be convicted, before a ge- feisehaVcenificltesd, neral court-martial, of having signed a false certificate, relating ie"redt0 be cash ^° ^e absence of either officer or private soldier, or relative to his or their pay, shall be cashiered. officers making Art. 15. Every officer who shall knowingly make a false false musters, or.,. J , n rr • r signing false mus-muster of man or horse, and every officer or commissary of b"ca°hieredCandmusters who shall willingly sign, direct, or allow, the signing of disabled to hold muster rolls, wherein such false muster is contained, shall, upon any office, &c. z-ii r • in i proof made thereof by two witnesses, before a general court- martial, be cashiered, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States. commissaries of Art. 16. Any commissary of musters, vor other officer, who victed of tekibg shall be convicted of having taken money, or other thing, by gratification,otonr wav °f gratification, on mustering any regiment, troop, or com- mustering, or pany, or on signing muster rolls, shall be displaced from his of- signing muster a */ / o o j ± roils, to be dis- fice, and shall be thereby utterly disabled to have or hold any p ace ' ' office or employment in the service of the United States. officers mustering Art. 17. Any officer who shall presume to muster a person persons as soldiers ii* i • , ij* lni l l m. ri who are not soi- as a soldier, who is not a soldier, shall be deemed guilty of hav- gullty ofeaefaise mS mac*e a false muster, and shall suffer accordingly. muster, &c. Art. 18. Every officer who shall knowingly make a false Offi lr* ■ false6returns'"I return to the department of war, or to any of his superior offi- ce department cers authorized to call for such returns, of the state of the re- of war, &c. to be . ' • i i • cashiered. giment, 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. commanding offi- Art. 19. The commanding officer of every regiment, troop, &c?°torrfm^tnitn'or independent company, or garrison, of the United States, every6month6, toSh^j i*1 the beginning of every month, remit, through the pro- the department of per channels, to the department of war, an exact return of the war, an exact re--*. • i i • ii* turn of the regj- regiment, troop, independent company, or garrison, under his fying'the'iiameTof command, specifying the names of the officers then absent from officers absentee, fa^ p0S|S) with the reasons for, and the time of, their absence. officers neglect- And any officer who shall be convicted of having, through tufns,°toSbe pun"- neglect or design, omitted sending such returns, shall be pun- ished, &c. ished, 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, officers and soi-or ^ave ^een duly enlisted, in the service of the United States, diers convicted of and shall be convicted of having deserted the same, shall suffer Ill death, or such other punishment as, by sentence of a court-mar- desertion, &c. to x- l L n i • a - a 11 a. suffer death or tial, Shall be inflicted. other punishment. Art. 21. Any non-commissioned officer or soldier who shall, ^on-commis- without leave from his commanding officer, absent himself from si°!|.ed officers or , . o i _ m soldiers absenting his troop, company, or detachment, shall, upon being convicted themselves with- thereof, be punished, according to the nature of his offence, at punished) &ce the discretion of a court-martial. Art. 22. No non-commissioned officer or soldier shall en- Non-commis list himself in any other regiment, troop, or company, without sddte^ouo °n- a regular discharge from the regiment, troop, or company, in listiimanty^ier which he last served, on the penalty of being reputed a deser- without a regular ter, and suffering accordingly. And in case any officer shall office^knowing- knowingly receive and entertain such non-commissioned officer 'erters'&cf or not or soldier, or shall not, after his being discovered to be a deser- giving'notice, &c. ter, immediately confine him, and give notice thereof to the corps in which he last served, the said officer shall, by a court- martial, be cashiered. Art. 23. Any officer or soldier who shall be convicted of officers orsoidicrs having advised or persuaded any other officer or soldier to de- f0ed^rt°to°suffer sert the service of the United States, shall suffer death, or such duni^men°tth&c other punishment as shall be inflicted upon him by the sentence of a court-martial. Art. 24. No officer or soldier shall use any reproachful or officers or soldiers provoking speeches or gestures to another, upon pain, if an offi- or pfovokingChful cer, of being put in arrest; if a soldier, confined, and of ask- fPeeche.s>etc-t0 7 O XT ~, . ' . be put in arrest, ing pardon of the party offended, in the presence of his command- or confined, &c, ing officer. Art. 25. No officer or soldier shall send a challenge to anoth- officers and soi er officer or soldier, to fight a duel, or accept a challenge, if sent, sen" or'accept0 upon pain, if a commissioned officer, of being cashiered; if a of beinfechasiwern non-commissioned officer or soldier, of suffering corporeal pun- ed, or of suffering ishment, at the discretion of a court-martial. St^Tc.punl$ Art. 26. If any commissioned or non-commissioned officer, officerscommand- commanding a guard, shall knowingly or willingly suffer any per- infifsufferingne^ son whatsoever to go forth to fight a duel, he shall be punished Zu^^thl0 as a challenger; and all seconds, promoters, and carriers, ofpuuisnedaschal- challenges, in order to duels, shall be deemed principals, and be con^&c. to be punished accordingly. And it shall be the duty of every officer, paL7e&c.rnncl commanding an army, regiment, company, post, or detachment, Every officer com- i • 1 °. , * i ii \ ■ l ■•' l i.11, mandinganarmy, who is knowing to a challenge being given, or accepted by any regiment, &c. officer, non-commissioned officer, or soldier, under his command, ^°w'$•£ g-^1" or has reason to believe the same to be the case, immediately to &<■•to aires,t and , i . "ii/t*! bring offenders to arrest and bring to trial such offenders. atrial,&c. Art. 27. All officers, of what condition soever, have power ah officers have to part and quell all quarrels, frays, and disorders, though the ^rds" frays, persons concerned should belong to another regiment, troop, or &c- company; and either to order officers into arrest, or non-com- missioned officers or soldiers into confinement, until their proper superior officers shall be acquainted therewith ; and who- * Modified by act of 28th May, 1830—See chapter 148. 112 whoever refuses soever shall refuse to obey such officer, (though of any inferior P°unishye'df&c'!obei'ank,) or shall draw his sword upon him, shall be punished at the discretion of a general court-martial. officers or soldiers Art. 28. Any officer or soldier who shall upbraid another for MfMrefusfn^a"refusing a challenge, shall himself be punished as a challenger; punishe^'afc'hai- and an officers and soldiers are hereby discharged from any dis- lengersj&c. grace, 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 sol- diers, who subject themselves to discipline. miueTto'seij'r" ^RT' ^" ^° sutler shau De permitted- to sell any kind of quors, &c. after liquors or victuals, or to keep their houses or shops open for be fore Veaung of" the entertainment of soldiers, after nine at night, or before the snndays Turin beating of the reveille, or upon Sundays during divine service divine service,&c. or sermon, on the penalty of being dismissed from all future sut- ling. Commanding offi- Art. 30. All officers commanding in the field, forts, bar- sutiers supply the racks, or garrisons, of the United States, are hereby required to whoitsonTe'pro- see that the persons permitted to sutle shall supply the soldiers visions, &c. w^h good and wholesome provisions, or other articles, at a rea- sonable price, as they shall be answerable for their neglect. officerscommand- Art. 31. No officer commanding in any of the garrisons, mg in garrisons, „ . p i tt • i r* in i • forts, &c. not to torts, or barracks, of the United States, shall exact exorbitant prices fo°houses, prices for houses or stalls let out to sutlers, or connive at the L°s^orbe'inte-"n^e exactions in others; nor, by his own authority, and for rested in the sale his private advantage, lay any duty or imposition upon, or be quors,&c.onpen interested in, the sale of any victuals, liquors, or other neces- chargedbeins ls~ saries of life, brought into the garrison, fort, or barracks, for the use of the soldiers, on the penalty of being discharged from the service. Commanding offi- Art. 32. Every officer commanding in quarters, garrisons, cers, to keep good . i i n i l i i i r oider, redress or on the march, shall keep good order, and, to the utmost ot abuses, and see re-i • i ni_ j* j i_"l l_ parationmadeto his power, redress all abuses or disorders, which may be com- jllredar&c.8 In mitted by any officer or soldier under his command. If, upon complaint made to him, of officers or soldiers beating, or other- wise ill treating, any person, of disturbing fairs or markets, or of committing any kinds of riots, to the disquieting of the citi- zens of the United States, he, the said commander, who shall refuse or omit to see justice done to the offender or offenders, and reparation made to the party or parties injured, as far as part of the offender's pay shall enable him or them, shall, upon proof thereof, be cashiered, or otherwise punished, as a general court-martial shall direct. when any com- Art. 33. When any commissioned officer or soldier shall missioned officer , ir *.. l • p i • i*i or soldier is accus- be accused ot a capital crime, or ot having used violence, or criml.orofnaving committed any offence, against the persons or property of any fe^'ateaio*/ j *} arms etc* or net?- stores, belonging to the United States, to be spoiled or damaged, l.geniiy suffered shall, at his own expense, make good the loss or damage, and spoiled,1 etc?to b" shall, moreover, forfeit all his pay, and be dismissed from theI^l^^ service. etc- Art. 37. Any non-commissioned officer or soldier who shall Non commis- be convicted, at a regimental court-martial, of having sold, or IXursronvictea designedly, or through neglect, wasted the ammunition delivered °^f^^^. out to him, to be employed in the service of the United States, t*on, etc. to be shall be punished at the discretion of such court. Art. 38. Every non-commissioned officer or soldier who ^Toffi™™or shall be convicted, before a court-martial, of having sold, lost, *°}&**? convicted •111 i i i*i i ,i ° ' of having sold, or spoiled, through neglect, his horse, arms, clothes, or accou- lost, or spoiled, trements, shall undergo such weekly stoppages (not exceedingciothes°etc!toTn- the half of his pay) as such court-martial shall judge sufficient J^of^'JSJ" 114 for repairing the loss or damage; and shall suffer confinement,, or such other corporeal punishment as his crime shall de- serve. Art. 39. Every officer who shall be convicted, before a officers convicted court-martial, of having embezzled or misapplied any money, m^s^pSioTof01 with which he may have been intrusted for the payment of the Sem^orntheUpay-to men unc«er his command, or for enlisting men into the service, bTctshfiwed'etCat° ^or 0t^er purposes, if a commissioned officer, shall be cashiered, compelled to re- and compelled to refund the money; if a non-commissioned of- minsSioned0offic°eTs, ficer, shall be reduced to the ranks, be put under stoppages un- to be reduced, etc. ^i the monev \)G made good, and suffer such corporeal punish- ment as such court-martial shall direct. Every capta™ ofa Art. 40. Every captain of a troop, or company, is charged accountable for the with the arms, accoutrements, ammunition, clothing, or other me^ts^ete!1 belong-warlike stores, belonging to the troop or company under his orgtroop*etc0.mpaDycommand) which he is to be accountable for to his colonel, in case of their being lost, spoiled, or damaged, not by unavoida- ble accidents, or on actual service. Non-commissioned Art. 41. All non-commissioned officers and soldiers who tadonemaf6"shall be found one mile from the camp without leave, in illZ Cinmwritinb<>ut writing, from their commanding officer, shall suffer such etc. to suffer pun'- punishment as shall be inflicted upon them by the sentence of a ishment, etc. , • i x J court-martial. No officer or soldier Art. 42. No officer or soldier shall lie out of his quarters, ters^ete^wlLouT garrison, or camp, without leave from his superior officer, upon leave, etc. penalty of being punished, according to the nature of his of- fence, by the sentence of a court-martial. Non-commissioned Art. 43. Every non-commissioned officer and soldier shall to retire to their"3 retire to his quarters or tent at the beating of the retreat; in de- oTttfrttreatfe'tc! fault of which he shall be punished according to the nature of his offence. No officer orsoidier Art. 44. No officer, non-commissioned officer, or soldier, to the1 p°JePoafrPa? sfiaH fail in repairing, at the time fixed, to the place of parade, e^Dy'Irckn^srete °^ exercise> or other rendezvous, appointed by his commanding nor leave it before officer, if not prevented by sickness, or some other evident ne- missfd^etc"y ,s~cessity; or shall go from the said place of rendezvous, without leave from his commanding officer, before he shall be regu- larly dismissed, or relieved, on the penalty of being punished, according to the nature of his offence, by the sentence of a court-martial. Any commissioned Art. 45. Any commissioned officer who shall be found on guard""*, tobe drunk on his guard, party, or other duty, shall be cashiered. dSrsJete/in'thaT1" Any non-commissioned officer or soldier so offending, shall suf- pofeaiVu^snment ^eT sucn corporeal punishment as shall be inflicted by the sen- «*c ' tence of a court-martial. sentinels sleeping Art. 46. Any sentinel wrho shall be found sleeping upon his to suffer d^ etc! post, or shall leave it before he shall be regularly relieved, shall suffer death, or such other punishment as shall be inflicted by the sentence of a court-martial. No soldier to hire Art. 47. No soldier belonging to any regiment, troop, or duty for him, or be company, shall Hrc another to do his duty for him, or be ex- 115 cused from duty, but in cases of si|kness, disability, or leave of excused, but in absence; and every such soldier foimd guilty of hiring his duty, as also the party so hired to do another's duty, shall be punish- ed, at the discretion of a regimental court-martial. Art. 48. And every non-commissioned officer conniving at 0^ersMnnWnnat such hiring of duty aforesaid, shall be reduced; and every com- hiringofduty.tobe missioned officer, knowing and allowing such ill practices in the missione'd officers^ service, shall be punished by the judgment of a general court- JjajXEtSlih.! martial. ed'etc- Art. 49. Any officer belonging to the service of the United ^^fSJ^J^; States, who, by discharging of fire-arms, drawing of swords, j? camp. etc. to suf- beating of drums, or by any other means whatsoever, shall oc- punishment. casion false alarms in camp, garrison, or quarters, shall suffer death, or such other punishment as shall be ordered by the sen- tence of a general court-martial. Art. 50. Any officer or soldier who shall, without urgent officers or soldiers, necessity, or without the leave of his superior officer, quit his cessity or leave, guard, platoon, or division, shall be punished, according to the to^punubxd'.etc! nature of his offence, by the sentence of a court-martial. Art. 51. No officer or soldier shall do violence to any per- ^""do^'ioitn" son who brings provisions or other necessaries to the camp, to persons bringing garrison, or quarters, of the forces of the United States, em-etVouTofthe'um- ployed in any parts out of the said States, upon pain of death, 0fddfatf!"tc!n pam or such other punishment as a court-martial shall direct. Art. 52. Any officer or soldier, who shall misbehave him- °^cns. °r,soldie™ J ' /• ii i ■ i wno m*9behave be- self before the enemy, run away, or shamefully abandon any fore the enemy, run fort, post, or guard, which he or they may be commanded to deatn'orotherpun- defend, or speak words inducing others to do the like; or shall ,shment>etc- cast away his arms and ammunition, or who shall quit his post or colors to plunder and pillage, every such offender, being duly convicted thereof, shall suffer death, or such other punish- ment as shall be ordered by the sentence of a general court- martial. Art 53. Any person belonging to the armies of the United fhe^ie]0^^0 States, who shall make known the watch word to any person known the watcfi who is not entitled to receive it, according to the rules and dis- death'or o'therpun- cipline of war, or shall presume to give a parole or watch word,19hment- different from what he received, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court-martial. Art. 54. All officers and soldiers are to behave themselves ^ehaveor-url'T orderly in quarters, and on their march; and whosoever shall quarters, etc. and commit any waste or spoil, either in walks of trees, parks, war*- wasteaetc?3tssby rens, fish ponds, houses, or gardens, cornfields, enclosures of ^radnedrer°Hh^ecfom- meadows, or shall maliciously destroy any property whatso-etc- to be punished, ever, belonging to the inhabitants of the United States, unless by order of the then commander-in-chief of the armies of the said States, shall (besides such penalties as they are liable to by law) h* punished, according to the nature and degree of the offence, by the judgment of a regimental or general court-mar- tial. 116 whosoever, in for- Art. 55. Whosoever, -^longing to the armies of the United safeVuwd',ifstoesuf- States, employed in foreign parts, shall force a safe guard, shall fer death.' suffer death. whosoever relieves Art. 56. Whosoever shall relieve the enemy with money, My,evfcTuak,itetc?°is victuals, or ammunition, or shall knowingly harbor or protect to suffer death, or an enemy, shall suffer death, or such other punishment as shall other punishment, iiii ' r • i etc. be ordered by the sentence of a court-martial. Death.orother pun- Art. 57. Whoso'ever shall be convicted of holding corre- htir„ug'corre^on-spondence with, or giving intelligence to, the enemy, either di- dencewith, or giv- rectly or indirectly, shall suffer death, or such other punishment ing intelligence to, i ii i i l i r • l theenemy,etc. as shall be ordered by the sentence of a court-martial. Public stores taken Art. 58. All public stores taken in the enemy's camp, towns, camp6, etc.mtobese-forts, or magazines, whether of artillery, ammunition, clothing, oftheurstetlesrVeu:e^orar3e5 or provisions, shall be secured for the service of the United States; for the neglect of which the commanding officer is to be answerable. Death, etc. for the Art. 59. If any commander of any garrison, fortress, or ofMygarrisSondeet" post, shall be compelled, by the officers and soldiers under his maXrt? eive°u command, to give up to the enemy, or to abandon it, the com- to the enemy, etc. missioned officers, non-commissioned officers or soldiers, who shall be convicted of having so offended, shall suffer death, or such other punishment as shall be inflicted upon them by the sentence of a court-martial. sutlers and retain- Art. 60. All sutlers and retainers to the camp, and all per- ders'.Vte?' sons whatsoever, serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war. officers havingbre- Art. 61. Officers having brevets or commissions of a prior of a^rtoTTato""^ date to those of the regiment in which they serve, may take ment in which"tKy place m courts-martial and on detachments, when composed of serve may take different corps, according to the ranks given them in their bre- place, etc.according io./*ji*r> • ■ i.-.i to the ranks given vets, or dates ot their former commissions; but in the regiment, troop, or company, to which such officers belong, they shall do duly and take rank, both in courts-martial and on detachments, which shall be composed only of their own corps, according to the commissions by which they are mustered in the said corps. if, upon marches, Art. 62. If, upon marches, guards, or in quarters, different SptJffjoinT«te! corps of the army shall happen to join, or do duty together, the the officer highest 0fftcer highest in rank of the line of the army, marine corps, or mand, unless, etc. militia, by commission there, on duty, or in quarters, shall com- mand the whole, and give orders for what is needful to the ser- vice, unless otherwise specially directed by the President of the United States, according to the nature of the case. Engineers not to as- Art. 63. The functions of the engineers being generally sume, nor be subject con^ne(j to ^g mos{ elevated branch of military science, they to, any duty beyond iii the line or their im-are not to assume, nor are they subject to be ordered on, any eTcepTe^c^6331011' duty beyond the line of their immediate profession, except by the special order of the President of the United States; but they are to receive every mark of respect to which their rank in the army may entitle them, respectively, and are liable to 117 be transferred, at the discretion of the President, from one corps to another, regard being paid to rank. Art. 64. General courts-martial may consist of any number General courts- of commissioned officers, from five to thirteen^ inclusively; s^o^an^nuXr but they shall not consist of less than thirteen, where that^JJJS^jJ number can be convened, without manifest injury to the ser- etc« vice. Art. 65.* Any general officer commanding an army, orGeneral officer»,or ii t x J • , colonels, command- COlOnel commanding a separate department, may appoint gen- ing, etc. may ap- eral courts-martial, whenever necessary. But no sentence of a lo^-KSSj, etc. court-martial shall be carried into execution until after the whole No senten.« °f * proceedings shall have been laid before the officer ordering the carried into execu- same, or the officer commanding the troops for the time being; codings1 have S neither shall any sentence of a general court-martial, in time ofj."^/"^*^"^ peace, extending to the loss of life, or the dismission of aNo sentence of a commissioned officer, or which shall, either in time of peace or tiai in time of peace, war, respect a general officer, be carried into execution, untilltfe^ta.^orVhfchf i or war, re- after the whole proceedings shall have been transmitted to thejp*™0" , secretary of war, to be laid before the President of the United ficer't0 °e carried r,, jt* i_ • r» . • t i ii i ,nt0 execution un- otates, tor his continuation or disapproval, and orders, in the tii the proceedings case. All other sentences may be confirmed and executed by l^thY prwfden^ the officer ordering the court to assemHe, or the commandingetc' officer, for the time being, as the case may be. Art. 66. Every officer commanding a regiment or corps, officers command- may appoint, for his own regiment or corps, courts-martial, to cofps'm'ay'appoint consist of three commissioned officers, for the trial and punish- foroft^MtA^ ment of offences not capital, and decide upon their sentences.itaL For the same purpose, all officers commanding any of the gar- officers command- risons, forts, barracks, or other places, where the troops consist mfy Sw? elc' of different corps, may assemble courts-martial, to consist 0fcourtsmartia,5etc- three commissioned officers, and decide upon their sentences. Art. 67. No garrison or regimental court-martial shall have No garrison or re- the power to try capital cases, or commissioned officers; nei- maXum^owered ther shall they inflict a fine exceeding one month's pay, norim- e°cl.ry °a|)ital cases' prison, nor put to hard labor, any non-commissioned officer or soldier, for a longer time than one month. Art. 68. Whenever it may be found convenient and neces- ^etnetcrthenTffi sary to the public service, the officers of the marines shall be cers 'of marines associated with the officers of the land forces, for the purpose with office^TofAe of holding courts-martial and trying offenders belonging toj^^^jgj; either; and in such cases the orders of the senior officer ofetc- either corps, who may be present and duly authorized, shall be received and obeyed. Art. 69. The judge-advocate, or some person deputedThe judge-advo- by him, or by the general, or officer commanding the army, cuuinCthe*M?of detachment, or garrison, shall prosecute in the name of the s^anYonfi&lnt- United States, but shall so far consider himself as counsel for8eJf30c°eurnss^f™re*e the prisoner, after the said prisoner shall have made his plea, as to object to any leading question to any of the witnesses, or * Modified by act of 29th May, 1830—see chap. 147. 118 member of the court, etc, any question to the prisoner, the answer to which might tend The judge-adyo- to criminate himself; and administer, to each member of the an^oath^'eac'r court, before they proceed upon any trial, the following oath, which shall also be taken by all members of the regimental and garrison courts-martial: Form of the oath. "You, A B, do swear that you will well and truly try and determine, according to evidence, the matter now before you, between the United States of America and the prisoner to be tried; and that you will duly administer justice, according to the provisions of ' An act establishing rules and articles for the government of the armies of the United States,' without partiality, favor, or affection: and if any doubt shall arise, not explained by said articles, according to your conscience, the best of your understanding, and the custom of war in like cases: and you do further swear, that you will not divulge the sentence of the court until it shall be published by the proper authority: neither will you disclose or discover the vote or opin- ion of any particular member of the court-martial, unless requir- ed to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God." The President of And as soon as the said oath shall have been administered to isteraToath^the the respective members,*the president of the court shall admin- judge-advocate. ister to x^e judge-advocate, or person officiating as such, an oath in the following words: Form of the judge- "You, A B, do swear, that you will not disclose or discover advocate's oath. .. , .. r •• , i c ,-, , the vote or opinion of any particular member ot the court-mar- tial, unless required to give evidence thereof as a witness, by a court of justice, in due course of law; nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same. So help you God." when a prisoner, Art. 70. When a prisoner arraigned before a general court- ItaTds^mutof'etc!' martial shall, from obstinacy and deliberate design, stand mute, the court may pro- or answer foreign to the purpose, the court may proceed to ceed to trial, etc. i*i & •*• 1 • ii ill ii trial and judgment as it the prisoner had regularly pleaded not guilty. when a member Art. 71. When a member shall be challenged by a prisoner, prisoner"^ must he must state his cause of challenge, of which the court shall, state the cause, etc. aft.er ^ue deliberation, determine the relevancy or validity, and decide accordingly; and no challenge to more than one member at a time shall be received by the court. Members to behave Art. 72. All the members of a court-martial are to behave the youngesV ht with decency and calmness; and, in giving their votes, are to commission to vote begin ^ ^ youngest in commission. Witnesses to be ex- Art. 73. All persons who give evidence before a court-mar- tial, are to be examined on oath or affirmation, in the following form: Form of the oath of "You swear, or affirm, (as the case may be) the evidence a witness. y0U ^ii ^ve *n the cause now -m hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God." in cases not capi- Art. 74. On the trials of cases not capital, before courts- tal, etc. depositions *iii •• /*• *ii* re r may be taken, and martial, the deposition of witnesses, not m the line or stair ol 119 the army, may be taken before some justice of the peace, and read,etc. provided, read in evidence: Provided, the prosecutor and the person accuMd'arepTesent, accused are present at the taking the same, or are duly notifiedetc> thereof. Art. 75. No officer shall be tried but by a general court- ^d°®uetrbt0^een martial, nor by officers of an inferior rank, if it can be avoided,'- eral court-martial, nor shall any proceedings or trials be carried on excepting be- tween the hours of eight in the morning, and three in the after- No proceedings ex- noon, excepting in cases which, in the opinion of the officer and^hre^unk6^ ' appointing the court-martial, require immediate example. etCl Art. 76. No person whatsoever shall use any menacing No person to use . . ■"■ . c . . • i menacing words or words, signs, or gestures, in presence ot a court-martial, or gestures, etc. in pre- shall cause any disorder or riot, or disturb their proceedings, on martiai,fetc?ourt" the penalty of being punished, at the discretion of the said court-martial. Art. 77. Whenever any officer shall be charged with a when ai* officer is j o chatrffed with & crime, he shall be arrested and confined in his barracks, quar- crime he is to be ters, or tent, and deprived of his sword, by the commanding c^hL^wor^stc? officer. And any officer who shall leave his confinement, be- fore he shall be set at liberty by his commanding officer, or by a superior officer, shall be cashiered. Art. 78. Non-commissioned officers and soldiers, charged ^cn;rcs0™^o\°^ds with crimes, shall be confined, until tried by a court-martial, or charged with ... , i • ■ crimes to be con- released by proper authority. fineduntn tried,etc. Art. 79. No officer or soldier who shall be put in arrest, officers and soi- shall continue in confinement more than eight days, or until to continue in con- such time as a court-martial can be assembled. eight day™°ete.thaB Art. 80. No officer commanding a guard, or provost mar- No officer com- shal, shall refuse to receive or keep any prisoner committed to f^tohrvaeufie* his charge, by an officer belonging to the force of the United p^ded"^™"' States; provided the officer committing shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. Art. 81. No officer commanding a guard, or provost mar- No <^crT com\ liin 1 oo ' ... i . i • mandmg a guard, shal, shall presume to release any person committed to his etc. to release any charge, without proper authority for so doing, nor shall he suffer tohiTchS^ete. any person to escape, on the penalty of being punished for it by the sentence of a court-martial. Art. 82. Every officer or provost marshal, to whose charge officers to whom prisoners shall be committed, shall, within twenty-four hoursKd'/tomlkere- after such commitment, or as soon as he shall be relieved from SOUrs"of Ihe'iv"U his guard, make report in writing, to the commanding officer, names* crimes, etc. of their names, their crimes, and the names of the officers who committed them, on the penalty of being punished for disobe- dience or neglect, at the discretion of a court-martial. „ . . . oo a •• i/r* • j. J v. x- Commissioned offi- Art. od. Any commissioned officer, convicted before a cers convicted, etc general court-martial, of conduct unbecoming an officer and a comhTg "n'officeV, gentleman, shall be dismissed the service. *£; t0',edismisse'd> Art. 84. In cases where a court-martial may think it properIn cases where a 1/v. . ji/> court-martial sus- to sentence a commissioned officer to bf suspended from com- pends an officer mand, they shall have power also to suspend his pay and emolu- %T^™™it? 120 s'aspendhispayandments for the same time, according to the nature and heinous- emclumcnts, etc. p , i rr ness of the onence. where a commis- Art. 85. In all cases where a commissioned officer is cash- sh°ieredd0forcceoward-iereo1 for cowardice or fraud, it shall be added, in the sentence, ice or fraud, the that the crime, name, and place of abode and punishment, of crime mime etc. of •* -* x ±. j the delinquent, to the delinquent, be published in the newspapers, in and about newspapers, e'tc.1 e the camp, and of the particular state from which the offender came, or where he usually resides, after which it shall be deem- ed scandalous for an officer to associate with him. where the number Art. 86. The commanding officer of any post or detach- quateCtorform0agen-inent, in which there shall not be a number of officers adequate thfcTmmandtog^f-to f°rm a general court-martial, shall, in cases which require mCeent°etchet detach~ ^e cognizance of such a court, report to the commanding offi- to the commanding cer of the department, who shall order a court to be assembled pariment, ttc.de at the nearest post or detachment, and the party accused, with necessary witnesses, to be transported to the place where the said court shall be assembled. No person to be Art. 87.* No person shall be sentenced to suffer death, but blTtty'theconcur-'by the concurrence of two-thirds of the members of a general ofthemenTbtrs1ofdaCOU^"mar*'^' nor except in the cases herein expressly men- generai court-mar- tioned; nor shall more than fifty lashes be inflicted on any than fifty lashe^to offender, at the discretion of a court-martial; and no officer, non-commissioned officer, soldier, or follower of the army, shall be tried a second time for the same offence. No person liable to Art. 88. No person shall be liable to be tried and punished be tried and punish-i 1 , j-ip xr -i - r. i_ n *d by a general by a general court-martial for any onence which shall appear an7on^nce'com°r t° nave been committed more than two years before the issuing mitted more than 0f the order for such trial, unless the person, by reason of hav- two years before, . . ii- i r> i • r • i- in unless, etc. ing absented himself, or some other manifest impediment, shall not have been amenable to justice within that period. Every officer au- Art. 89. Every officer authorized to order a general court- generjdcl°urt-dmlr-martial) shah have power to pardon or mitigate any punishment tiai, empowered to ordered by such court, except the sentence of death, or of pardon or mitigate . . J „ i • i • .i i i i any punishment, cashiering an officer; which, in the cases where he has au- xcept, etc thority (by article 65) to carry them into execution, he may suspend, until the pleasure of the President of the United States can 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 determination. The coionei, etc. of And the colonel or commanding officer of the regiment or gar- risof'Tte^may^r- rison, where any regimental or garrison court-martial shall be donorm,tigate,etcheld, may pardon or mitigate any punishment ordered by such court to be inflicted. Judjre-advocates, Art. 90. Every judge-advocate, or person officiating as ope'dittous'iy'^3* such, at any general court-martial, shall transmit, with as possible, the origi- much expedition as the opportunity of time and distance of * So much of these rules and articles as authorizes the infliction of corporeal punishment by stripes or lashes, was specially repealed by act of 16th May, 1812— See'chapter 74, section 7. By act of 2d March, 1833, chap. 159, the repealing act was repealed, so far as it applied to the crime of desertion, which, of course, revived the punishment by lashes for that offence, 121 place can admit, the original proceedings and sentence of such nai proceedings and , - i . .1 n i-i -i--i sentences of general court-martial to the secretary of war, which said original pro- courts-martilitothe ceedings and sentence shall be carefully kept and preserved in ^hos^officeThly"1 the office of said secretary, to the end that the persons entitled *haU be preserved. thereto may be enabled, upon application to the said office, to obtain copies thereof. The party tried by any general court-martial shall, upon de- 7ene«icourte-mabr- mand thereof, made by himself or by any person or persons in tiai entitled to acopy his behalf, be entitled to a copy of the sentence and proceed- ° ings of such court-martial. Art. 91. In cases where the general, or commanding officer, where the general, may order a court of inquiry, to examine into the nature of any court"©? Inquiry, transaction, accusation, or imputation, against any officer or ''£ *e n°trex°ceea- soldier, the said court shall consist of one or more officers, not !n§ thr,ee> and,a . i-ii -ii judge-advocate, etc, exceeding three, and a judge-advocate, or other suitable per-to be sworn, etc. son, as a recorder, to reduce the proceedings and evidence to writing, all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to sum- Courts of inquiry to . J j-ii, -,i ,i have the same pow- mon witnesses as a court-martial, and to examine them on oath; er as courts-martial but they shall not give their opinion on the merits of the case, e°/etcVbut aJeTot excepting they shall be thereto specially required. The parties tonlg3ves ^iX"'"" accused shall also be permitted to cross examine and interrogate quired, etc the witnesses, so as to investigate fully the circumstances in the question. Art. 92. The proceedings of a court of inquiry must be Proceedings of authenticated by the signature of the recorder and the presi- beTuthenticateY by dent, and delivered to the commanding officer: and the said rec0SraeatMdSpres\- proceedings may be admitted as evidence by a court-martial,dent' e'c; ?nd maJ r ° *'.. ,. ,,.*'.. „ A,' be admitted as evi- in cases not capital, or extending to the dismission of an offi- dence by courts- cer: Provided, That the circumstances are such that oral testi- caphal, ™c. prorid- mony cannot be obtained. But as courts of inquiry may beed'etc' perverted to dishonorable purposes, and may be considered as Courts of inquiry engines of destruction to military merit, in the harfds of weak directed^ the pre- and envious commandants, they are hereby prohibited, unless Sldent'etc' directed by the President of the United States, or demanded by the accused. Art. 93. The judge-advocate, or recorder, shall administer ^heeJeudeetoad^in to the members the following oath: ister'an oath to the "You shall well and truly examine and inquire, according to • j • , ,i .. i r •., ,- Form of the oath. your evidence, into the matter now before you, without parti- ality, favor, affection, prejudice, or hope of reward. So help you God." After which, the president shall administer to the judge-ad- ^^rftoad'mL vocate, or recorder, the following oath: |,ter an °ath t0 iht "You, A. B., do swear that you will, according to your bestJU ge"a voeae' abilities, accurately and impartially record the proceedings of foTate'soaih.8' *" the court, and the evidence to be given in the case in hearing: So help you God." The witnesses shall take the same oath as witnesses sworn w*messes to take , . , the oath, etc. before a court-martial. 122 men a commis- Art. 94. When any commissioned officer shall die, or be «te?tLn^jorofthe killed, in the service of the United States, the major of the re- mfdiatei'' 'to'secure giment-. orj the officer doing the major's duty in his absence, or, aii his effects, etc. in any post or garrison, the second officer in command, or the , .Md et?M31m?tnurto assistant military agent, shall immediately secure all his effects meentr,aetedepart" 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 admin- istrators may receive the same. when a non-com- Art. 95. When any non-commissioned officer or soldier TOidie'r'dies0,ete^the shall die, or be killed, in the service of the United States, the tftbHlSp,eKthen commanding officer of the troop, or company, shall, in to take an account the presence of two other commissioned officers, take an ac- of what effects he /• i m ii-i i/*i i • 1 died possessed of, count of what effects he died possessed ot, above his arms and toC'tht dlp^rTment accoutrements, and transmit the same to the office of the de- effe^u'tobeac-dthePartment of war; which said effects are to be accounted for, counted for, etc. and paid, to the representatives of such deceased non-commis- in case officers au-sioned officer or soldier. And in case any of the officers, so of thfeffec tsofde- authorized to take care of the effects of deceased officers and sXeedrs0haverocTa- soldiers, should, before they have accounted to their represen- sion toieave the re- tatives for the same, have occasion to leave the regiment, or are to 'deposit the post, by preferment, or otherwise, they shall, before they be per- offte commanding mitted to quit the same, deposit, in the hands of the command- officer,etc. jng office^ or 0f the assistant military agent, all the effects of such deceased non-commissioned officers and soldiers, in order that the same may be secured for, and paid to, their respective representatives. officers, etc. in the Art. 96. All officers, conductors, gunners, matrosses, dri- corps of engineers, ,i . . P ■ i * * .. etc. to be gSvemed vers, or other persons whatsoever, receiving pay, or hire, in the ruks1,eeter.ecedlne 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-martial, in like man- ner with the* officers and soldiers of the other troops in the ser- vice of the United States. officers and soldiers Art. 97. The officers and soldiers of any troops, whether tiao7otherPsS,'be'inlg militia or others, being mustered and in pay of the United S^grwdi'th^*eguilr States, shall, at all times, and in all places, when joined, or act- forces to be govern- in0- in conjunction, with the regular forces ofthe United States, 6d by these rules ft tin o o * o * articles, subject to be governed by these rules and articles of war, and shall be sub- rmaHiaf. ^""saveject to be tried by courts-martial, in like manner with the offi- toabeicompoIste3daofcers ano- so^iers in the regular forces, save only that such miiitia officers. courts-martial shall be composed entirely of militia officers. officers serving by Art. 98. All officers serving by commission from the author- the authority of an™ ity of any particular state, shall, on all detachments, courts- whrenCUempioyeSdammartial, or other duty, wherein they may be employed in con- renu"arlifor«shtto Junction with the regular forces of the United States, take rank take rank next after next after all officers of the like grade in said regular forces, |rad°e in^e regular notwithstanding the commissions of such militia or state officers forces, etc. may ^e e}fjer than the commissions of the officers of the regu- lar forces of the United States. 123 Art. 99. All crimes not capital, and all disorders and neg-ah crimes not lects which officers and soldiers may be guilty of, to the pre- disorders, "and ne- judice of good order and military discipline, though not men- f1l0etctsmettionteldnm tioned in the foregoing articles of war, are to be taken cogni- tt|>celegprtoceb1in^kaer» zance of by a general or regimental court-martial, according to cognizance of by the nature and degree of the offence, and be punished at theircour 9"mar l ' discretion. The President em- Art. 100. The President of the United States shall have powered to pre- .... -c r. ., scribe the uniform power to prescribe the unitorm ot the army. of the army. ar- and Art. 101. The foregoing articles are to be read and pub-The foregoing v , , . ■ x-i ■ • . tides to be readout lished once in every six months, to every garrison, regiment, published once in troop, or company, mustered, or to be mustered, in the service to^verygarri^on^r of the United States, and are to be duly observed and obeyed regiment, *«. by all officers and soldiers who arer-or shall be, in said ser- vice. Sec 2. And be it further enacted, That, in time of war, all in time •■" ™r J r . ii • .1 tt -i. J aliens found lurking persons not citizens ot, or owing allegiance to, the United about fortifications States of America, who shall be found lurking, as spies, in or °J' the^rm"."^^ about the fortifications or encampments of the armies of thesuffer deatb'&Ci 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 furtlier enacted, That the rules and re-The rules and regu- gulations by which the armies of the United States have here- the^rmJs lave tofore been governed, and the resolves of Congress thereunto ^"obfkX annexed, and respecting the same, shall henceforth be void and forth ™id>&c-ei- of no effect, except so far as may relate to any transactions un- der them prior to the promulgation of this act, at the several posts and garrisons, respectively, occupied by any part of the army of the United States. [Approved, April 10, 1806.] CHAPTER 54. An act authorizing the employment of the land and naval forces of the United States, in cases of insurrection. Sec 1. Be it enacted by the Senate and House of Represen-In a11 «««' °f •?■- • /. . „ 111 surrection, or ob- tatives of the United States of America, in Congress assembled, struction of the That, in all cases of insurrection, or obstruction to the laws, iaw"aWuilbrrethe either of the United States, or of any individual state or territo- j££d«£ 'mil^ ry, where it is lawful for the President of the United States to *c* he js autho/ call forth the militia for the purpose of suppressing such insur- land o°r navai°force* rection, or of causing the laws to be duly executed, it shall be Soring**!!!* or lawful for him to employ, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary, having first observed all the pre-requisites of the law in that respect. [Approved, March 3, 1807.] 124 CHAPTER 55. An act supplementary to an act, entitled " An act for fortifying the ports and harbors of the United States, and for building gun boats." * The President au- Sec. 1. Be it enacted by the Senate and House of Represen- fortVfication's here- tatives of the United States of America, in Congress assembled, me°redU&ortc°bThat the President of the United States is hereby authorized repaired or c'ompie-to cause such of the fortifications heretofore built or commenc- w be^recte'd.X." ed, as he may deem necessary, to be repaired or completed, and such other fortifications and works to be erected as will afford more effectual protection to our ports and harbors, and preserve therein the respect due to the constituted authorities of the na- $1,000,000 addi- tion; and that the sum of one million of dollars, in addition to foMhVpuPrrpXia&cd the sums heretofore appropriated, be, and the same is hereby, appropriated for that purpose, out of any money in the treasury, not otherwise appropriated. [Approved, January 8, 1808.] CHAPTER 56. An act authorizing the sale of public anns.f The President au- Sec 1. Be it enacted by the Senate and House of Represen- armS1Zowned bTthe tatives of the United States of America, in Congress assembled, ^dividuaFsi^T^t the President of the United States be, and he is hereby, &c- ' authorized to cause to be sold to individual states who may wish to purchase, any arms now owned by the United States, and which may be parted with without injury to the public. Accounts ofsaies to Accounts of such sales shall be laid before Congress, and the belaid before Con- • • .1 r 1 1 ii • 1 1 gress, and the mo- money arising therefrom be, and the same is hereby, appropn- L^^cSofoA0 ated, under the direction of the President of the United States, erarms, &c. to the purchase or manufacture of other arms for the use of the Proviso; the arms United States: Provided, That such arms be not delivered to any estate"untii to any state or their agents, until the payment of the pur- p^L™emoney,he chase money be first made into the treasury of the United States, &c- in money, or in the stock of the United States, at fts value, as established by an act, entitled "An act to repeal so much of any act or acts as authorize the receipt of evidences of the pub- lic debt in payment for the lands of the United States, and for Proviso; the pre-other purposes relative to the public debt:" Provided, also, to ^tend0™0 °ny That this provision shall not extend' to any purchase, not ex- Syra state toC'whach ceeding five thousand stand of arms, which shall be made by a the u.s. are bound state, to which the United States, by existing engagements, are to pay a sum of, 1 . c iiJibt5./.i money, kc. bound to pay a sum ot money, equal to the amount of such purchase. [Approved, April 2, 1808.] * The act to which this is supplementary, relates chiefly to the building and equipping of gun boats, ar.d is, therefore, not comprised in this volume. f See chapter 136, and appendix, chapter 4. 125 CHAPTER 57. An act to raise, for a limited time, an additional military force.* Sec 1. Be it enacted by the Senate and House of Represen- FiTe re imentj of tatives ofthe United States of America,in Congress assembled, infantry, one of ri- That, in addition! to the present military establishment of the art?iury°andonf of United States, there be raised five regiments of infantry, one re- "feniiftolffor'five giment of riflemen, one regiment of light artillery, and one regi- years, in addition . o t o J * Ojq fl,e present mill- ment of light dragoons, to be enlisted for the term of five years, tary establishment. unless sooner discharged. Sec 2. And be it further enacted, That the said regiments Organization of re- of infantry, riflemen, and artillery, shall consist of ten compa- s'me nies each, and the regiment of light dragoons of eight troops; and the field and staff officers of each regiment, of one colonel, one lieutenant-colonel,, one major, one adjutant, one quarter- master, one paymaster, one surgeon, one surgeon's mate, one sergeant-major, one quartermaster-sergeant, two principal mu- sicians, and, for the regiment of light dragoons, one riding mas- ter; each company of infantry and riflemen to consist of one organization of captain, one first and one second lieutenant, one ensign, two tr^ps!"" *** cadets, four sergeants, four corporals, two musicians, and sixty- eight privates; each company of artillery, of one captain, one first and one second lieutenant, twTo cadets, four sergeants, four corporals, two musicians, eight artificers, and fifty-eight matros- • ses; and each troop of light dragoons, of one captain, one first and one second lieutenant, one cornet, two cadets, four ser- geants, four corporals, two musicians, one sadler, one farrier, and sixty-four privates. Sec. 3. And be it farther enacted, That when, in the opin- wiieu, a suitable ion of the President of the United States, a suitable proportion Prr000Pp7Uhavef 'bee* of the troops authorized by this act shall be raised, there may [fo'^'J"",^!" be appointed two additional brigadier-generals, who shall be generals may be aP- entitled to one aid-de-camp each, to be taken from the subal- p01n e ' terns of the line; two brigade inspectors, and two brigade quar- termasters; and such number of hospital surgeons, and surgeon's mates, as the service may require, but not exceeding five sur- geons 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 farther enacted, That the compensation compensation of of the officers, cadets, non-commissioned officers, musicians, non-commissioned'' artificers, and privates, authorized by this act, shall be, viz: to j^;™^ each brigadier-general, one hundred and four dollars per month,* vates, &c. twelve rations per day, or an equivalent in money, and sixteen * The provisions of this act regarding the organization of the regiment of light artillery, the compensation, subsistence and clothing, of the officers and troops, and those respecting wounds and disabilities, widows and children, and allowances generally, are adopted by act of 3d March, 1815, chapter 100, J -cctiuns 2, 4, and 7. The residue may be considered as superseded by that act. / 126 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 quarter- master, and paymaster, ten dollars per month, in addition to their pay in the line, and to each six dollars per month for for- age, when not furnished as aforesaid; each hospital surgeon, seventy-five dollars per month, six rations per day, or an equiv- alent in money, and twelve dollars per month for forage, when not furnished as aforesaid; each hospital surgeon's mate, forty dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnish- ed as aforesaid; each hospital steward, twenty dollars per month, and two rations per day, or an equivalent in money; each wardmaster, sixteen dollars per month, and two rations per day, or an equivalent in money; to the colonel of light dragoons, ninety dollars per month, six rations per day, and forage for five 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 dragoons, 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-thirds dollars per month, two rations per day, and forage for two horses; each saddler and farrier, ten dollars per month, one ration per day, and a suit of uniform clothing an- nually; and all other officers, cadets, non-commissioned offi- cers, musicians, artificers, and privates, authorized by this act, shall receive the like pay, clothing, rations, forage, and other emoluments, as the officers, cadets, non-commissioned officers, musicians, artificers, and privates, of the present military estab- Proviso; the officers lishment: Provided, The officers, and riding master, to furnish and riding master to ... , i . . 1 ■ n i • furnish their own their own horses and accoutrements, and actually keep in ser- horses, &c. y-ce ^e aforesaicl number of horses, to entitle them to the afore- going allowance for forage, or its equivalent in money: And Proviso -, the regi- provided also, That the whole, or any part, of the regiment of ^oMillbiftoserv^ tight dragoons, shall be liable to serve on foot, as light infan- on foot, as light in- try, until, by order ofthe President ofthe United States, horses and accoutrements shall be provided to equip the whole, or any part thereof, as mounted dragoons. The officers, ca- Sec 5. And be it furtlier enacted, That the officers, cadets, stoned office^rmu- non-commissioned officers, musicians, artificers, and privates, allT"vates,Cra's'ed raised pursuant to this act, shall be entitled to the like compen- pursuant to this sation, in case of disability by wounds, and otherwise, incurred like compensation, in the service, as the officers, cadets, non-commissioned officers, &c?anffidws>J&c! musicians, artificers, and privates, in the present military es- 127 tabiishment, and with them, shall be subject to the rules and ofthe present miii- articles of war, which have been established, or may be here- an7 subject" to'the after bylaw established: And that the provisions of the act,S,e;a£article,of entitled "An act fixing the military peace establishment of the United States," relative to the widow, child, or children, of any commissioned officer who shall die, while in the service of the United States, by reason of any wound received in actual ser- vice of the United States, to courts-martial, the regulation and The provisions of compensation of recruiting officers, the age, size, qualifications, mfiit^ypeacefstab! and bounties, of recruits, arrears of pay, the bonds and duties ^bu to^pepwni" of paymasters, penalties for desertion, punishment of persons matters,and things^ , r J, ,, ' r .• i v . , . i ii within the intent & who shall procure or entice any soldier to desert, or shall pur- meaning of this act, chase from any soldier his arms, uniform clothing, or any part&c" thereof; and the punishment of any commanding officer of any ship or vessel who shall receive on board his 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, to the oath or affirma- tion to be taken and subscribed by officers, non-commissioned officers, musicians, and privates, to the allowance for extra ex- pense to any commissioned officer in travelling and sitting on general courts-martial, to arrest of non-commissioned officers, musicians, and privates, for debts, to the allowance to soldiers discharged from service, except by way of punishment, shall be in force, and applied to all persons, matters, and things, within the intent and meaning of this act, in the same manner as if they were inserted at large in the same. Sec 6. And be it farther enacted, That the subsistence of subsistence of ofi- the officers of the army, when not received in kind, shall be es- cents per ration. timated at twenty cents per ration. Sec 7. And be it farther enacted, That there shall be ap- one chaplain to each pointed to each brigade, one chaplain, who shall be entitled to pay and emolument! the same pay and emoluments as a major in the infantry. of a major, &c. Sec 8. And be it farther enacted, That, in the recess of the The President may Senate, the President of the United States is hereby authorized m^rece^ Vthe to appoint all or any of the officers, other than the general offi- general officers.the cers, proper to be appointed under this act; which appointment shall be submitted to the Senate, at the next session, for their advice and consent. Sec 9. And be it farther enacted, That every commissioned ^Te^dc^ff ofllcw and staff officer, to be appointed in virtue of this act, shall be to be a citizen, &c. a citizen of the United States, or some one of the territories thereof. [Approved, April 12, 1808.] 128 CHAPTER 58. An act concerning public contracts. No member of con- Sec 1. Be it enacted by the Senate and House of Represen- tyTriniillctlyTto tatives of the United States of America, in Congress assembled, oHnTa^'anyWco0n-Tnat, from and after the passage of this act, no member of Con- unUed&sta7e"h&ce gress shall, directly or indirectly, himself, or by any other per- son whatsoever in trust for him, or for his use or benefit, or on his account, undertake, execute, hold or enjoy, in the whole or in part, any contract or agreement hereafter to be made or en- tered into with any officer of the United States, in their behalf, or with any person authorized to make contracts on the part of Anymemberofcon- the United States; and if any member of Congress shall, di- gress entering into 1 . i i • ipi l i any contract, &c. rectly or indirectly, himself, or by any other person whatsoever vistonTof°this Pac°tj in trust for him, or for his use or benefit, or on his account, $3"oo'and the con-enter mto, accept of, agree for, undertake or execute, any such tract void, &c. contract or agreement, in the whole or in part, every member so offending shall, for every such offence, upon conviction there- of, before any court of the United States, or of the territories thereof, having cognizance of such offence, be adjudged guilty of a high misdemeanor, and shall be fined three thousand dol- lars; and every such contract or agreement as aforesaid shall, Proviso; sums of moreover, be absolutely void and of no effect: Provided, never- raoney advanced on 7 . '. • n i p the part of the u. theless, 1 hat in all cases where any sum or sums of money oratprosecutedPfor^ shall have been advanced on the part of the United States, in kc* consideration of any such contract or agreement, the same shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prose- cuted at law for the recovery of any such sum or sums of money advanced as aforesaid. Nothing herein to sEC# 2. And be it further enacted, That nothing herein con- extend to any con- •' ' O tract, &c. entered tamed shall extend, or be construed to extend, to any contract ported "company^ or agreement, made, or entered into, Or accepted, by any in- n°erflth&f.enoratothe corporated company, where such contract or agreement shall be purchase or sale of made for the general benefit of such incorporation or company; &'c.s° ' nor to the purchase or sale of bills of exchange, or other pro- perty, by any member of Congress, where the same shall be ready for delivery, and for which payment shall be made at the time of making or entering into the contract or agree- ment. in every contract, Sec 3. And be it farther enacted, That in every such con- ditto^obPe7nserted tract or agreement, to be made or entered into, or accepted, as co^L^ibV'aforesaid, there shall be inserted an express condition that no admitted, &c. member of Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise there- upon. Any officer of Sec. 4. And be it farther enacted, That if any officer of 129 the United States, on behalf of the United States, shall directly the United states, ,...7 . ,. vro their behalf, en- c r indirectly, make or enter into any contract, bargain, or agree- tering into aeon. ment, in writing or otherwise, other than such as are herein ex-oTo^i^S?* cepted, with any member of Congress, such officer so offend- ^$|||-/™t"~ ing, on conviction thereof before any court having jurisdiction liable to a 6ne of thereof, shall be deemed and taken to be guilty of a high mis- ' ' demeanor, and be fined in a sum of three thousand dollars. Sec 5. And be it further enacted, That, from and after theThe3eci'el*r,es<>f pi. •ini.il i pi pi the treasury, war, passing of this act, it shall be the duty of the secretary of the and navy, and the treasury, secretary of war, secretary of the navy, and the post-tohybefor^M-' master-general, annually, to lay before Congress a statement ofg"^^"^^ all the contracts which have been made in their respective de-«■»«■* of »•■ «»- ... ,. , , .. .,. tracts,made in their partments, during the year preceding such report, exhibiting in departmenu during such statement the name of the contractor, the article or thing £e Precedi»s r^ contracted for, the place where the article was to be delivered, or the thing performed, the sum to be paid for its performance cr delivery, the date and duration of the contract. [Approved, April 21, 1808.] CHAPTER 59. An act making provision for arming and equipping the whole body of the militia of the United States.* Sec 1. Be it enacted by the Senate and House of Represen- ™»«ai.u»»i »jaoi tatives of the United States of America, in Congress assembled, ated to provide1*" That the annual sum of two hundred thousand dollars be, and whole body^nL the same hereby is, appropriated for the purpose of providingtailiti^ *■* arms and military equipments for the whole body of the militia of the United States, either by purchase or manufacture, by and on account of the United States. Sec 2. And be it farther enacted, That the President of ™e. President »«- the United States be, and he hereby is, authorized to purchase chase sites»nderect sites for, and erect, such additional arsenals and manufac- *ad' mTnufaTtoriei tories of arms as he may deem expedient, under the limitations of arm'»&c- and restrictions now provided by law: Provided also, That so Pr°T!9°; a,»y ■** xr J i • ii restricting the num- mucn of any law as restricts the number of workmen in the ber of workmen in armories of the United States to one hundred men, be, and therepeaied.r,e,t* ' same hereby is repealed-! Sec 3. And be it farther enacted, That all the arms pro-The arms procured cared in virtue of this act shall be transmitted to the several to be transmitted* states composing this union, and territories thereof, to each state and\erXries>M and territory, respectively, in proportion to the number of the £3^'°". %£&„ effective militia in each state and territory, and by each state miiitia, &c. * This act is inserted here instead of the appendix, because it relates chiefly, to matters of administration, confided to a department of the staff of the regular army—See chapter 134. f See chapter K>, section 2. 9 130 and territory to be distributed to the militia in such state and territory, under such rules and regulations as shall be by law prescribed by the legislature of each state and territory. [Approved, April 23, 1808.] CHAPTER 60. An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy, Departments. [exteact.] Exclusively of the Sec 3. And be it farther enacted, That, exclusively of the £cr.T7o°rotherSeper-purveyor of public supplies, paymasters of the army, pursers of a^mteTfor'ma^the navy, military agents, and other officers already authorized king contracts, &c. by law, no other permanent agents shall be appointed, either naval establish- for the purpose of making contracts, or for the purchase of sup- Pr«ide'nnt1andbset-e plies, or for the disbursement in ariy other manner, of moneys nate- for the use of the military establishment, or of the navy of the United States, but such as shall be appointed by the President of the United States, with the advice and consent of the Senate: Proviso; the Presi- ProiMed, That the President may, and he is hereby authorized, dent may appoint . ' • n p i such agents in the in the recess of the Senate, to appoint all or any of such agents, anTmay fix thdre'which appointments shall be submitted to the Senate, at their pen^ation?dc°m" next session, for their advice and consent; and the President of the United States is hereby authorized, until otherwise provided by law, to fix the number and compensation of such agents: Proviso; the com- Provided, That the compensation allowed to either shall not ceed^ne" percent^ exceed one per centum on the public moneys disbursed by him, &c< nor in any instance the compensation allowed by law to the purveyor of public supplies. Every agent, pur- Sec 4. And be it farther enacted, That every such agent bond, &c.°g,ve as may be appointed by virtue of the next preceding section, and every purser of the navy, shall give bond, with one or more sufficient sureties in such sums as the President of the United States may direct, for the faithful discharge of the trust The paymaster of reposed in him; and the paymaster of the army, the military pts^fCXn agents, the purveyor of public supplies, the pursers of the navy, practicable, to keep an(j ^e agents appointed by virtue of the preceding section, LmPUir.cor™oratedn shall, whenever practicable, keep the public moneys in their teaiV°heerreTa" hands, in some incorporated bank, to be designated for the pur- dent; make month- ^ ^ President of the United States, and shall make ly returns, &c. j^wu*-, xjj ? monthly returns, m such form as may be prescribed by the trea- sury department, of the moneys received and expended during the preceding month, and of the unexpended balance in their hands. au purchases and Sec 5. And be it farther enacted, That all purchases and ^r&c.undrAhe contracts for supplies, or services which are or may, according direction of the to jaw^ ^e made, by or under the direction of either the secre- 131 tary of the treasury, the secretary of war, or the secretary of secretary of the the navy, shall be made either by open purchase, or by pre- onhTnavy^to'C viously advertising for proposals respecting the same: and an w^hJT °rpeeTniopuu,[y annual statement of all such contracts and purchases, and also advertising, &c. of the expenditure of the moneys appropriated for the contin- mentT^contrtcb gent expenses of the military establishment, for the contingent purchases, expendi- expenses of the navy of the United States, and for the dis- laid before Congress charge of miscellaneous claims not otherwise provided for, eachye^'siT5 °f and paid at the treasury, shall be laid before Congress at the beginning of each year, by the secretary of the proper depart- ment. [Approved, March 3, 1809.] CHAPTER 61. An act authorizing an augmentation of the Marine Corps. Sec 1. Be it enacted by the Senate and House of Represen- The resident au- tatives of the United States of America, in Congress assembled, uTmarine^or^u That the President of the United States shall be, and he is b(\ ausm«*kd* *>r it i-ij ji i -i • not exceeding 1 ma- hereby, authorized to cause the marine corps in the service of jor, 2 capts. 2 first the United States to be augmented, by the appointment and rais,s'and 594°ppt enlistment of not exceeding one major, two captains, two first the"ameMyU&c!d lieutenants, one hundred and eighty-five corporals, and five hundred and ninety-four privates, who shall be, respectively, allowed the same pay, bounty, clothing, and rations, and shall be employed under the same rules and regulations to which the said marine corps are, or shall be, entitled and subject.* Sec 2. And be it farther enacted, That, from and after the After the 3d of passage of this act, all enlistments in the said corps shall be for ^mcehnuTo9'beUfor the term of five years, unless sooner discharged, any law to the fiTe year8>kc' contrary notwithstanding. [Approved, March 3, 1809.] CHAPTER 62. An act making further appropriations to complete the fortifications commenced for the security of the ports and harbors of the United States, and to erect such fortifications as may be necessary for the protection of the northern and wes- tern frontiers of the United States>t Sec 1. Be it enacted by the Senate and House of Represen- $750,000 appropri- tatives of the United States of America, in Congress assembled, lu tr'Sll*?6 That, for the purpose of completing the fortifications com- cotan*ea«<* for«»« * See chapter 36. t See preceding acts relating to the same object, chapters 18,21,28,31, and 55. 132 •eeurity of the sea- nienced for the security of the seaport towns and harbors of C.^th^u^ the United States, and territories thereof, and for erecting such oo?4kc.rectfas fortifications as may, in the opinion of the President of the United States, be deemed necessary for the protection of the northern and western frontiers, there be, and hereby is, appro- priated the sum of seven hundred and fifty thousand dollars, to be paid out of any moneys in the treasury, not otherwise ap- propriated. [Approved, June 14, 1809.] CHAPTER 63. An act to suspend, for a limited time, the recruiting service. «• muca of the aet Sec 1. Be it enacted by the Senate and House of Represen- .UioHit£y forced tatives of the United States of America, in Congress assembled. ifsSof men £ That so much °f the act> entitled « An act to raise, for a limit- Ac • ™t°ndef &"' f^ time> an addltl0nal mihtary force," as authorizes the enlist- e ' c' ing of men for the term of five years, unless sooner discharged, be, and the same is hereby, suspended until twenty days after the next meeting of Congress. [Approved, June 28, 1809.] CHAPTER 64. An act for completing the existing military establishment. ■rat military estav Sec 1. Be it enacted by the Senate and House of Represen- .wdTauiT^com5* tatives of the United States of America, in Congress assembled, pieted. That the military establishment, as now authorized by law, be immediately completed. 916 bounty to each Sec 2. And be it farther enacted, That there be allowed 5ie€dCmaXrecruited and paid to each effective, able bodied man, recruited or re-en- °* eBli"ed, &c< listed for that service, for the term of five years, unless sooner discharged, the sum of sixteen dollars; but the payment of one- t?e^y„Tytbehdtfhalf of the said bounty sha11 be deferred, until he shall be ferred until, &c. mustered and have joined the corps in which he is to serve- c&^SiZiand whenever any non-commissioned officer or soldier shall discharged from be discharged trom the service, who shall have obtained from laVe'o'btsuned from the commanding officer of his company, battalion, or regi- offieer^at^ti.ment, a certificate that he had faithfully performed his duty ftHn^iy'p'rr^m-whl!s.t in service> he shall, moreover, be allowed and paid, in ed their duty, &c. addition to the aforesaid bounty, three months' pay and one moenthsb'epay°nead3hundred and sixty acres of land;* and the heirs and represen- ted; *hlhte^^^ of those non-commissioned officers or soldiers, who * The allowance of bounty land increased to 320 acres, to all subsequent en- listments, by act of 10th December, 1814—See chapter 97, section 4. 133 may be killed in action, or die in the service of the United {jj,,^ *£fe^etIw States, shall, likewise, be paid and allowed the said additional service, are to got* bounty of three months' pay, and one hundred and sixty acres*e£hd""^a£ ™ of land, to be designated, surveyed, and laid off, at the public 27^m(c^L, expense, in such manner, and upon such terms and conditions, fcc. as may be provided by law.* [Approved, December 24, 1811.] CHAPTER 65. An act to raise an additional military force.f Sec 1. Be it enacted by tlie Senate and House of Represen- Ten regiments of tatives of the United States of America, in Congress assembled, tnieV, and one of That there be immediately raised ten regiments of infantry, two bf^mnleSiy " regiments of artillery, and one regiment of light dragoons, to be ****■ for five years. enlisted for the term of five years, unless sooner discharged. Sec 2. And be it further enacted, That a regiment of infan- %*£%?% £4- tty shall consist of eighteen captains, eighteen first lieutenants, try* eighteen second lieutenants, eighteen ensigns, seventy-two ser- geants, seventy-two corporals, thirty-six musicians, and eighteen hundred privates, which shall form two battalions, each of nine companies. A regiment of artillery shall consist of twenty cap- Organization of a tains, twenty first lieutenants, twenty second lieutenants, forty Jyfmen cadets, eighty sergeants, eighty corporals, one hundred and sixty artificers, forty musicians, and fourteen hundred and forty privates, which shall form two battalions, each often companies. The regiment of cavalry shall consist of twelve captains, twelve Organization of a first lieutenants, twelve second lieutenants, twelve cornets, twenty-regim( four cadets, forty-eight sergeants, forty-eight corporals, twelve saddlers, twelve farriers, twelve trumpeters, and nine hundred and sixty privates, which shall form two battalions, each of six companies. Sec 3. And be it further enacted, That, to each regiment¥iM 2nd ***?<>&' ii* ii p- p -ii i* iZx l cers of a regiment, raised under this act, whether of infantry, artillery, or light dra- goons, there shall be appointed one colonel, two lieutenant- colonels, two majors, two adjutants, one quartermaster, one paymaster, one surgeon, two surgeon's mates, two sergeant- majors, twro quartermaster-sergeants, and two senior musicians. Sec 4. And be it farther enacted, That there shall be Two maioir-gene- appointed two major-generals, each of whom shall be allowed «LV&c- ♦See act of 16th May, 1812, chapter 72, providing for the survey, &c. of military bounty lands. -(•See supplementary acts, chapters 67, 69, 81, and 86, also chapters 76 and 93, by which the organization here given, is materially modified. These act* may be considered as superseded and supplied, by act of 3d March, 1815, fixing the peace establishment, chapter 100. 134 Fire brigadier-ge- two aids, to be taken from the commissioned officers of the ad^mkjo'r1 and "I" line; and five brigadier-generals, each of whom shall be allow- aid, each, &c. e(j a brigade-major and an aid, to be taken from the captains and subalterns of the line; and there shall also be appointed An adjutant-gene- one adiutant-general and one inspector-general, each with the ral, and an inspec- .. J y 1 r* i • t ii • i 1 tor-generai, &c. rank, pay, and emoluments of a brigadier-general; the said ad- The adjutant-gene-jutant-general shall be allowed one or more assistants, not ex- tor-generaie,/topebe needing three, to be taken from the line of the army, with the auowed assistants, same pav anc} emoluments as by this act are allowed to a lieuten- ant-colonel : the said inspector-general shall be allowed two assis- tant-inspectors, to be taken from the line of the army, each of whom shall receive, while acting in said capacity, the same pay and emoluments as by this act are allowed to a lieutenant- Hospital surgeons, colonel: there shall also be appointed such number of hospital &c. to be appointed. . xxr. . . , x surgeons and mates, as the service may require, with one stew- ard to each hospital. officers detached to Sec 5. And be it farther enacted, That when an officer is ■aJ0er,"id,ri|!c.eto detached to serve as brigade-major or aid, or as assistant to the retam their rank, adjutant-general, or inspector-general, on the appointment of a general officer, or as adjutant or quartermaster on the appoint- ment of a colonel, he shall not thereby lose his rank. Pay, etc. of major- Sec 6. And be it farther enacted, That the major-generals, IfdsTand^ayle^ respectively, shall be entitled to two hundred dollars monthly ofbngadier-gene- pa^ ^.^ twenty dollars allowance for forage, monthly, and fifteen rations per day. Their aid-de-camps shall, each, be en- titled to twenty-four dollars monthly, in addition to their pay in the line, and ten dollars monthly for forage, and four rations. The brigadier-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. other officers, ca- Sec 7. And be it farther enacted, That all other officers, to receive theVke cadets, non-commissioned officers, musicians, artificers, and pri- SS'aT^SSprt' vates, authorized by this act, shall receive the like pay, forage, vates, etc. of the rations, clothing, and other emoluments, as the officers of the existing military es- j i i • • i «* tabiishment. same grade and corps, cadets, non-commissioned officers, musi- cians, artificers, and privates, of the present military establish- ment. component parts, 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 brandy, 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. Non-commissioned Sec 9. And be it further enacted, That every non-com- ete'oV^e'arUiiery missioned officer, musician, and private, of the artillery and ctfve^Innuaii^the Gantry, shall receive, annually, the following articles of articles of uniform uniform clothing, to wit: one hat, one coat, one vest, two pair of woollen, and two pair of linen, overalls, one coarse linen frock and trowsers, for fatigue clothing, four pair of shoes, four shirts, two pair of socks, two pair of short stockings, one 135 blanket, one stock and clasp, and one pair of half gaiters: And The secretary of the secretary of war is hereby authorized to cause to be fur- paaymastersUSto be nished to the paymasters of the respective districts, such sur- pi™"cioft7ng' Sfor plus of clothing as he may deem expedient, which clothing the soldiers,at con- shall, under his direction, be furnished to the soldiers, when ra° p"c necessary, at the contract prices, and accounted for by them out of their arrears of monthly pay. Sec 10. And be it farther enacted, That the officers, non- The officers and soi- -i pp • • i • p ,i • i diers to be governed commissioned officers, musicians, and privates, of the said by the rules andar- corps, shall be governed by the rules and articles of war, whichtIcles of war'etc" have been established by the United States, in Congress assem- bled, or by such rules and articles as may be hereafter, by law, established. Sec 11. And be it farther enacted, That the commissioned commissioned offi- officers who shall be employed in the recruiting service, shall cruMng^TtftiedTj be entitled to receive, for every effective able bodied man who forgery "effective shall be duly enlisted by him, for the term of five years, andab,el??di«dinandu- mustered, (and between the ages of eighteen and forty-five y years) the sum of two dollars: Provided, nevertheless, That proviso; the regu- this regulation so far as respects the age of the recruit, shall not ^e°nnotrtopeextend extend to musicians, or to those soldiers who may re-enlist intot0 musicians, etc. the service : And provided, also, That no person under the age Proviso; persons of twenty-one years shall be enlisted by any officer, or held in nofTo^fnihkd' the service of the United States, without the consent, in writing, written'^onsenfof of his parent, guardian, or master, first had and obtained, if anythe Parent* ete* he have; and if any officer shall enlist any person contrary to the true intent and meaning of this act, for every such offence 0fficers enlisting i i n p p • i i fii iii* persons contrary to he shall forfeit and pay the amount ot the bounty and clothing this act, to pay the which the person so recruited may have received from the wty' and cioth- public, to be deducted out of the pay and emoluments of such mg'etc' officer. Sec 12. And be it farther enacted, That there shall be ®i6 bounty to each allowed and paid to each effective able bodied man, recruitedrecrui' as aforesaid, to serve for the term of five years, a bounty of six- ofhthe bounty to fe teen dollars; but the payment of eight dollars of the Saiddeferred>until>etc- bounty shall be deferred until he shall be mustered, and have When. anv , n0°- . . f ... /» i tt * i <-i p • commissioned offi- jomed some military corps ot the United States for service, cer or soldier is dis- And whenever any non-commissioned officer, or soldier, shall obtained' aancertifi! be discharged from the service, who shall have obtained from m^df-n>™ 'tmceT" the commanding officer of his company, battalion, or regiment, ^^jj"^ Per- a certificate that he had faithfully performed his duty whilst in ."'tobe (Sowed' in service, he shall, moreover, be allowed and paid, in addition to p^VnTieo^craof the said bounty, three months' pay, and one hundred and sixty Jjjpjjj ^j^yjjf acres of land;* and the heirs and representatives of those non-or dying, etc. the commissioned officers or soldiers who may be killed in action, tatives areeptoeSre- or die in the service of the United States, shall likewise be paid SoSty^iwdM and allowed the said additional bounty of three months' pay, fa"^^^^" and one hundred and sixty acres of land; to be designated, Uc'expense. * The land bounty increased to 320 acres, to all subsequent enlistments, by act of 10th December, 1814, chapter 97, section 4. 136 surveyed, and laid off, at the public expense, in such manner, and upon such terms and conditions, as may be provided by law. Arrears of pay not Sec 13. And be it farther enacted, That the said corps unks^etc2months' shall be paid in such manner, that the arrears shall, at no time, exceed two months, unless the circumstances of the case shall render it unavoidable. officers and soldiers Sec 14. And be it farther enacted, That if any officer, non- ?nWs^rWM,Wtonbecommissioned officer, musician, or private, shall be disabled by placed on the list of woun(js or otherwise, while in the line of his duty in public invalid pensioners, . ' ' it • i- i /*i tt • i «*«• service, he shall be placed on the list of invalids of the United Proviso; thc com-States, at such rate of pension, and under such regulations, as wounds0,"etc.°rto a are or may be directed by law: Provided always, That the wr"^"toe«wd compensation to be allowed for such wounds or disabilities, to half his monthly a commissioned officer, shall not exceed, for the highest rate officer to receive of disability, half the monthly pay of such officer, at the time paTof^ieutoant of his being disabled or wounded; and that no officer shall re- cofonei. ceive more than the half pay of a lieutenant-colonel; and that The rate of pen- ., , p .• , j re sion» to non-com-the rate of compensation to non-commissioned officers, musi- "riTOtesfetc?nottocians, and privates, shall not exceed five dollars per month: exceed $5 per jfad provided also, That all inferior disabilities shall entitle the month. tiii • n Proviso-, inferior person so disabled to receive an allowance proportionate to the disabilities to entitle highest disability. the person to apro- ~ J , portionai allow- Sec 15. And be it further enacted, That if any commis- wid'ows and chil sioned officer in the military establishment of the United States «aren of commission-shall, while in the service of the United States, die by reason woundSerecJvef in of any wound received in actual service of the United States, receive Scethet0 an(^ leave a widow, or if no widow, a child or children, under wnich'the'deceased sixteen years of age, such widow, or if no widow, such child was entitled, etc. or children, shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, in case the widow for and during the term of five years. But in case of the death eTp'iration^of6 fiveor intermarriage of such widow before the expiration of the to3"' to* thcJfcntf'sa*^ *erm °^ nve Years-. the half pay for the remainder of the dren. time shall go to the child or children of such deceased officer: Provided always, That such half pay shall cease on the de- cease of such child or children. Non-commissioned Sec 16. And be it further enacted, That if any non-com- °to Te'se&ng'the missioned officer, musician, or private, shall desert the service service, Habfe, in 0f the United States, he shall, in addition to the penalties men- addition to penal- . i • i i i • i p itii ties, ete. to serve tioned in the rules and articles of war, be liable to serve for and maybe trud'byna during such a period as shall, with the time he may have served pun^h^aithouSprevi0118 t0 his desertion, amount to the full term of his enlist- e,e- ment; and such soldier shall and may be tried by a court-mar- • tial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried. persons, etc. en- Sec 17. And be it furtlier enacted, That every person not- desert, or purehas- subject to the rules and articles of war, who shall procure or &?dtoflS»,Sentice a soldier in the service of the United States to desert; vMsei°receTvingSo0nor wno snau P^chase from any soldier his arms, uniform board soidiew, clothing, or any part thereof; and every captain or corxt^ 137 manding officer of any ship or vessel, who shall enter on board ^^f3th*m touba' such ship or vessel, as one of his crew, knowing him to have Die to a n'ne not ex- deserted, or otherwise carry away, any such soldier, or shall re-imp'l'isonmen^not fuse to deliver him up, to the orders of his commanding officer, exceeding one year■. 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 exceed- ing one year. Sec 18. And be it farther enacted, That every officer, non- &®"™™^j|£a£ commissioned officer, musician, and private, shall take and sub- an oath. scribe the following oath or affirmation, to wit: " I, A. B., do solemnly swear, or affirm, (as the case may be) that I will bear true faith and allegiance to the United States of America, andFomofl]ieoata that I will serve them, honestly and faithfully, against their ene- mies or opposers whomsoever; and that I will observe and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and ar- ticles of war." Sec 19. And be it further enacted, That there shall be ap-a judge-advocate to pointed to each division a judge-advocate, wdio shall be entitled the pay and emoiu- to the same pay and emoluments as a major in the infantry; or, theninfen*r°^tc[*" if taken from the line of the army, shall be entitled to thirty dol- lars 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 farther enacted, That where any conj-Comm'«i0£ie'i *>I,T missioned officer shall be obliged to incur any extra expense in cur* °xtrfe expend travelling and sitting on general courts-martial, he shall be al- sittingaVonmfen«ai lowed a reasonable compensation for such extra expense, actual- Xw "a'reawna- ly incurred, not exceeding one dollar and twenty-five cents per»»e compensation; day to officers who are not entitled to forage, and not exceeding n° one dollar per day to such as shall be entitled to forage. Sec 21. And be it further enacted, That no non-commis- No """T'"''" , n. • • • , • , . sioned officer, or sioned officer, musician, or private, during the term of his ser-soldiers,etc. during iiii ,i .1 i • i • his term of service, vice, shall be arrested on mesne process, or taken or charged intobe arrested, etc. execution for any debt or debts contracted before enlistment, |£)^n?'aeted b" which were, severally, under twenty dollars at the time of con- fore enlistment,nor , p iii i p for any deDl con" tracting the same, nor for any debt whatever contracted after tracud afterward*. enlistment. Sec 22. And be it furtlier enacted, That whenever any of-when an officer or ficer or soldier shall be discharged from the service, except by Charged,etc.except, way of punishment for any offence, he shall be allowed his pay1e0lw\bd%\?gt^J'e!md and rations, or an equivalent in money, for such term of time asrationvlc-.!S0 hi8 ' . pi- ,p i t place of residence, snail be sufficient for him to travel from the place of discharge at the rate ortwen to the place of his residence, computing at the rate of twenty ymiesa y- miles to a day. Sec 23. And be it farther enacted, That the subsistence of smbsif*"etghofrth* the officers of the army, when not received in kind, shall be etc.Cestimat«d atacl estimated at twenty cents per ration. cenU pw rariou' Sec 24. And be it farther enacted, Thai there shall be ap- one chaplain toeaek pointed to each brigade one chaplain, who shall be entitled to m^u?. •?» ■.ajor' the same pay and emoluments as a major in the infantry. •,0, 138 No general, field, Sec 25. And be it farther enacted, That no general, field, p^infed under'tins or staff officer, who may be appointed by virtue of this act, shall act, to be entitled to De entitled to receive any pay or emoluments until he shall be pay,etc. untiicaiied J XT J # 111.11 mto actual service, called into actual service, nor for any longer time than he shall continue therein. [Approved, January 11, 1812.] CHAPTER 66. An act supplementary to " An act to raise, for a'limited time, an additional mili- tary force," passed on the 12th day of April, one thousand eight hundred and eight.* when in the opin- gEC- ]__ ]$e ft enacted by the Senate and House of Represen- ion of the President, . . *-' , J x it is expedient to tatives of the United States of America, in Congress assembled, uiury, horfes'a'nd That whenever, in the opinion of the President of the United to^pro^id'ed etc! States, it is expedient to mount the light artillery, or any part thereof, horses and accoutrements shall be provided to equip the missioned "office™" whole, or such part as he may direct; and when the non-commis- pru?teed the offiC si°ned officers, musicians, artificers, and privates, are so equip- cers to be entitled ped, the officers shall be entitled to the same forage as is now 'te! asinmtheTe^- provided for the officers of the same grade in the regiment of goons.°f hght dra" lig^t dragoons: Provided, The officers furnish their own horses Proviso; the offi- and accoutrements, and actually keep in service the same num- cers tofumishtheir Uer of horses, to entitle them to the aforesaid allowance for for- own horses, etc. & . ' . keep them in ser- age, or its equivalent in money. when the ih ^EC* ^" ^e ^ further enacted, That whenever the said tiiiery are ordered light artillery are ordered to be mounted, there shall be provided saddierandafkrr'ier °ne saddler and one farrier to each company, who shall be en- compMy^wfto the titled to the same pay and emoluments as are now provided for same pay, etc. saddlers and farriers in the regiment of light dragoons. [Approved, February 24, 1812.] CHAPTER 67. An act supplementary to " An act to raise an additional military force."f Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, The non-commis- That the non-commissioned officers, musicians, and privates, sioned officers, pri- r i i- i 1 in • 1 -p i i • vates, etc. of the ot the fight dragoons, shall receive the same uniform clothing ce6iv« the^Vuni-as is now provided by law for the artillery and infantry, ex- fonn doting as cepting one pair of gaiters, and four pairs of shoes, in lieu of * See original act, chapter 57. j- For original act, see chapter 65, with the note thereto. 139 which each person shall be annually entitled to receive one pair w provided for p i . > j ■ J the artillery and in- Ot DOOtS, and tWO pair Of Shoes. fantry, except, etc. Sec 2. And be it further enacted, That the non-commis- The non-commis- i/v* . . J .. p , • p i • i x sloned officers, pri- sioned officers, musicians, and privates, of the regiment ot light vates, etc. of the artillery, shall receive the same clothing as the light dragoons, the'same clothing™ when ordered to be mounted. jS^S,'dI*" Sec 3. And be it further enacted, That all the officers, ex- ah officers,except cepting general officers, who may be appointed during the pre-potaud under the sent session of Congress, under the "Act to raise an additional takemrankasthe0 military force," shall take rank in such manner as the President ^sident directs' of the United States shall direct, without regard to priority of appointment. [Approved, March 17, 1812.] CHAPTER 68. An act to establish a quartermaster's department, and for other purposes.* Sec 1. Be it enacted by the Senate and House of Represen- dve'luatrterm^te,b,s tatives of the United States of America, in Congress assembled, Hshed. That there be, and hereby is, established a quartermaster's de- quartermaste^gen- partment for the army of the United States, to consist of a "^^te!*8'as~ quartermaster-general, four deputy quartermasters, and as many assistant deputy quartermasters as, in the opinion of the Presi- dent of the United States, the public service may require ; the The quartermas- ,'ii "ji • ter-general and de- quartermaster-general and deputy quartermasters, to be appoint- puties to be ap- ed by the President, by and with the advice and consent o£ the pXntaiJ senate'" Senate; and the assistant deputy quartermaster by the Presi- phree^dent'aione'.the dent alone. And he hereby is authorized moreover to appoint The President may such additional number of deputy quartermasters, not exceedingfngftmr'deputy6' four, to be taken from the line or not, at his discretion, as in his flTmthTnne'or'nof, judgment the public service may require. etc< Sec 2. And be it further enacted, That the quartermaster- T^eq^"net™adst"" general shall be entitled tp the rank, pay, and emoluments, of a the rank, pay, etc. brigadier-general, (under the act of the 12th of April, one thou- era?, etc!* ier"gen~ sand eight hundred and eight,) with forage for two additional horses; the deputy quartermasters, when not taken from the line, shall be entitled to receive sixty dollars per month, five p^qu^^ter^ rations per day, and forage for two horses; but if taken from * This act, so far as it relates to the organization of the quartermaster's depart- ment, and the compensation of its officers, is repealed and supplied by act of 3d March, 1813, chapter 84, which, with so much ofthe residue of this act as relates to other officers and their pay, may be considered as virtually repealed by act of 3d March, 1815, chapter 100. Some of the sections of this act are, however, of general import, not limited to any particular time; and though they may remain inoperative while no officers of the grades referred to exist, yet they would appear to revive and become applicable, whenever offices of the same denomination shall be again established. Such are sections 3, 5, 8, 10, 11, and 13. 140 ra» &c. of the the line, then such additional pay and emoluments as shall be equal to the foregoing provision; the assistant deputy quarter- masters, when not taken from the line, shall be entitled to re- ceive forty dollars per month, three rations per day, and forage for one horse: but if taken from the line, then such additional pay and emoluments as shall be equal, to the foregoing provision. Thequartcrmaster- Sec 3. And be it further enacted, That, in addition to their tits' &chwhenpdi- duties in the field, it shall be the duty of the quartermaster- Ts"1' uft *° pur generfu\ his deputies, and assistant deputies, when thereto di- stores, &c. rected by the secretary of war, to purchase military stores, camp equipage, and other articles, requisite for the troops, and, generally, to procure and provide means of transport for the The quartermaster- army, its stores, artillery, and camp equipage. That the quar- afXnafre^uired' termaster-general shall account as often as may be required and, inthree'month.06 a* least, once 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 posses- sion, and for all moneys which he or they may expend in dis- charging 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 assistant deputies, before they enter on the execution of their respective offices, shall severally take an oath faithfully to perform the duties thereof. a commissary-gen- Sec 4. And be it further enacted, That there shall be a eral of purchases, • l r i_ J J x deputies, &c. to be commissary-general of purchases, and as many deputy com- pp«identanYse- missaries, as, in the opinion of the President of the United nate- States, the public service may require, to be appointed by the President, by and with the advice and consent of the Senate. The commissary- Sec 5. And be it farther enacted, That it shall be the duty SU, u°nder the of the commissary-general of purchases, under the direction cretary o^waT to an(l supervision of the secretary of war, to conduct the pro- c0n?nUCtfhepr°& cm'mg and providing of all arms, military stores, clothing, and, generally, all articles of supply requisite for the military service Deputycommissa- of the United States:* and it shall be the duty of the deputy &c3.'to purchase ar-commissaries, when directed thereto, either by the secretary of themiHta^'lervtce. war> the commissary-general of purchases, or, in cases of ne- cessity, by the commanding-general, quartermaster-general, or deputy-quartermasters, to purchase all such of the aforesaid articles as may be requisite for the military service of the United States. .Neither the quar- Sec 6.f And be it farther enacted, That neither the quar- termaster-general, * * The establishment of an ordnance department by chapters 73 and 99, of the office of apothecary-general by chapter 84, section 7, and a better definition of the duties of the quartermaster's department under authority of section 5, chapter 83, left to the commissary-general of purchases, the duties of providing clothing and camp equipage, to which they are at present confined. fThis section is repealed and supplied by act of 2 2d May, 1812, chapter 75, sections 1 and 5. 141 termaster-general, nor the commissary-general, shall, directly, nor the commis- or indirectly, be concerned or interested in carrying on the be^conc^med in business of trade or commerce, or be owner, in whole or in thep°urcheiingpub^ part, of any sea vessel; nor shall either of them purchase, by ■■»«^>"Dnt'not himself, or another in trust for him, public lands, or any other allowed by law, &c. public property, or be concerned in the purchase or disposal of"? $3,000' Snpris- any public securities of any state, or of the United States, or """^"years're- take, or apply to his own use, any emolument or gain, for nego- movaiftom.and in- flating or transacting any business in the said department, other nee*" than what shall be allowed by law; and if either the said quar- termaster-general, or commissary-general, shall offend against any of the prohibitions of this act, the parties so offending, shall, upon conviction, forfeit to the United States the penalty of three thousand dollars, and may be imprisoned for a term not exceed- ing five years, and shall be removed from office, and be forever thereafter incapable of holding any office under the United States. Sec 7. And be it farther enacted, That the salary of the salary of the com- commissary-general of purchases shall be three thousand dol- $3,000 plr annum, lars per annum; and the compensation to a deputy-commissary "da cu°epSty satoT to shall not exceed two and one half per centum on the publiceiceed S^oo, &<;. moneys 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- Teh*r*°.m?i*!,*rf" general of purchases shall, before he enters upon his duties, give es to give Wd* in bond, with sufficient surety, to be approved of by the secretary SSaries^'ach' of war, in the sum of fifty thousand dollars, and the deputy Oonfs10to°be; lodged commissaries, each, in the sum of ten thousand dollars, with with the comptroi- condition for the faithful performance of the duties of their of- fice, respectively; which bonds shall be lodged with the comp- troller of the treasury. Sec 9. And be it farther enacted, That, from and afterSo muc'\of *e ac' the last day of May next, so much of the act, entitled "An act ace 0" purveyor, to establish the office of purveyor of public supplies,"* as re- fp^ntmenVand1' lates to the appointment and services of a purveyor of public v"yor:e'ep>eaka?ur~ supplies, be, and the same is hereby, repealed; and, in the mean time, the purveyor shall deliver over to the commissary- Jexi^llH0to the general, or one of his deputies, the public stores and property J^T^"2^*^. of all sorts in his possession, who shall receipt to him for the stores, &c. same. Sec 10. And be it farther enacted, That all letters and fronTthe quarts- packets, to and from the quartermaster-general, and commis- S^J^l^gS; sary-general, shall be free from postage. &c- Sec 11. And be it furtlier enacted, That there be allowed, J^TyS? ,,_ for the compensation of the necessary clerks in the quartermas- l°wed for clerks i* i, n. . r. p ijjiii ur conductors of artillery, who shall be appointed by the Pre- sident, &c. sident alone, each of whom shviil be entitled to the pay and emoluments of a lieutenant of artillery. This act to go into sEC. 18. And be it further enacted, That this act shall go oFApr'ii,ni8i2.' s into operation on the first day of April next; and that so much of the act fixing the military peace establishment of the United so much of the act States,* as respects the appointment of military agents and as- mentioned, as re- sistant military agents, be, and the same is hereby, repealed, from men/ofm^tory and after that day; but all those agents shall continue to per- -a^ents, &c. repeal- form fa^. respective duties in the mean time, and until the de- * See chapter 49, section 3. 143 puty and assistant deputy-quartermasters shall be appointed and The military agents ready to enter on the execution of their respective offices; toLTtheTduae^in" whom the said military agents and assistant military agentsthe meantime> *«• shall then deliver all the public stores and property in their pos- session. Sec 19. And be it farther enacted, That all persons attach-Persons.aUacnedto ed to the public service by virtue of this act, shall be subject to ^act^ubje" to military law, except the deputy commissaries. «pt'&e!aw'ex~ Sec 20. And be it further enacted, That the President may, The President may and hereby is, authorized, in the recess of the senate, to appoint EstU^rX the quartermaster-general, deputy quartermasters, commissary- &mminSa(rhye"greeraI' general, and deputy commissaries, or any of them; which ap- &e! to be submitted pointments shall be submitted to the Senate at their next ses- &cthenext 6essl0B> sion, for their advice and consent. [Approved, March 28, 1812.] CHAPTER 69. An act in addition to the act, entitled " An act to raise an additional military force," passed January the eleventh, one thousand eight hundred and twelve.* Sec 1. Be it enacted by the Senate and House of Represen- ThePresideutofthe tatives of the United States of America, in Congress assembled, «£ to"llZlt, That the President of the United States be, and he hereby is, j£n^ ^Xsfs^f empowered to cause to be enlisted, for the term of eighteen such partof the light months, unless sooner discharged, such part of the light dra- ^cfTuthoS'/y goons, artillery, and infantry, authorized by the act, entitled theactmentioned- "An act to raise an additional military force," as he may deem expedient: Provided, The whole number, so to be enlisted for Proviso; the whole eighteen months, shall not exceed fifteen thousand, any thing in ^is^nS the said recited act to the contrary notwithstanding. ' £exceed 15>m> Sec 2. And be it further enacted, That the non-commis-The non-commis- sioned officers, musicians, and privates, so to be enlisted, shall £™f ^e0rb'epe£ he entitled to the bounty of sixteen dollars, and the same pay, of'i40 &ce bounty clothing, and rations, the same provisions for wounds or disa- the bounty ia"anp' bilities, and to all other allowances, (the bounty in land except- &c" ed,) provided by the said before recited act, for the non-com- missioned officers, musicians, and privates, who may be raised under the same, and shall be held to perform the same duties, and be subject to the same rules and regulations. [Approved, April 8, 1812.] * See original act, chapter 65, with the note thereon. 144 CHAPTER 70. An act for the organization of a corps of artificers.* a eorpt of artificers Sec 1. Be it enacted by the Senate and House of Represen- ^arur^aster-gen- tatives of the United States of America, in Congress assembled, crai>* department, That ^efe shau bg ^^j^ to fa quartermaster-general's de- partment, and subject to the orders of the officers thereof, a o nation of the corPs °f artificers, to consist of one superintendent, to be ap- ccrp «fartificers, pointed by the President of the United States, four assistants, two master-masons, two master-carpenters, two master-black- smiths, two master-boat-builders, two master-armorers, two master-saddle and harness-makers, twenty house-carpenters, five ship-carpenters, twenty blacksmiths, sixteen boat-builders, sixteen armorers, twelve saddle and harness-makers, and twen- ty-four laborers, to be selected from the privates of the army, when authorized thereto by the commanding-general, or engaged from among the citizens by the superintendent. Pay, &e. of the »u- Sec 2. And be it further enacted, That the pay of the su- ^'ew^MiManu" perintendent of artificers shall be forty-five dollars per month, hc- 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, six- teen dollars per month, and one ration and one-half of a ration per day. * ke^spenntendent Sec 3. And be it farther enacted, That it shall be the duty aoatvoArquar-of the superintendent of artificers to render a correct report, m^e^u,MeheerpJay once each month, of the corps, to the quartermaster-general, and roil on oath, fee. 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-quartermasters, and by him be counter- signed; and faithfully, and without delay, to execute all such orders as he may receive from the secretary of war, any officer of the quartermaster's department, or from the officer command- ing in the field or garrison to which his corps, or any part there- of, may be attached. 5%«*orp»tobeen- Sec 4. And be it farther enacted, That this corps shall be S?ei.,&c. yea"' engaged for and during the term of three years, unless sooner discharged by the President of the United States. #3o,ooo appropri- Sec 5. And be it further enacted, That, for defraying the tted«%iM that™* expense that may be incurred in the execution of this act, the wLvbtAi*inac"&c!sum °f tn^rty thousand dollars be, and the same is hereby ap- propriated, to be paid out of any money in the treasury, not otherwise appropriated. [Approved, April 23, 1812.] * Superseded by act of 3d March, 1815, chapter 100. 145 CHAPTER 71. An act making further provision for the corps of engineers. Sec 1. Be it enacted by the Senate and House of Representa- officers to be added tives of thc United States of America, in Congress assembled, g°nee'rs!orps ° That there be added to the corps of engineers, two captains, two first lieutenants, two second lieutenants, with the usual pay and emoluments, according to their grades, respectively, and one paymaster, to be taken from the subalterns of engi- neers, with the pay and emoluments of a regimental paymaster; and that there be attached to the said corps, either from the troops now in service, or by new enlistments, as the Presi- dent of the United States may direct, four sergeants, four cor- porals, one teacher of music, four musicians, nineteen artificers, a company of bom- and sixty-two men, which non-commissioned officers, musi- a„d mTnersapptorbe cians, artificers, and men, together with the artificers and men r°™£\^ \]fffl~ already belonging to the corps of engineers, shall be formed corPs of engineers, into a company, to be styled a company of -bombardiers, sap- pers, and miners, and be officered from the corps of engineers, according as the commanding officer of that corps may, with Non-commissioned the approbation of the President of the United States, direct; ^\7iowerdfithe3) and the said non-commissioned officers, musicians, artificers, sa°-e pay, & . non-commissioned the United States, and the section number sixteen in every officers & soldiers. township, to be granted to the inhabitants of such township for thecuse 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 establishment,"* approved the twenty-fourth day of December, one thousand eight hundred and eleven, and by the act, entitled "An act to raise an additional military foice,"f approved the eleventh day of January, one thousand eight hundred and twTelve. Sec 2. And be it farther enacted, That the secretary foi The secretary of the department of war, for the time being, shall, from time to ™.s for3the ZtiC- time, issue warrants for the military land bounties to the per- *£* ,and boiinti«»» sons entitled thereto by the two last mentioned acts, or either of them: Provided always, That such warrants shall be issued Proviso; the war- only in the names of the persons thus entitled, and be, by them the names of the or their representatives, applied for within five years after the S^ued"/.,'with? same persons shall have become entitled thereto; and the said j"^. y^, ^nd warrants shall not be assignable or transferable in any manner whatever. Sec 3. And be it further enacted, That every person in Persons in whose &- whose favor such warrants shall have been issued, shall, on been btued" on de! * See chapter 64, section 2. f See chapter 65, section 12. 148 irrermg tiiematthe delivery of the same at the office of the secretary of the treasu- to°fce e'ntuie^'to ry, or of such other officer as may at the time have, by law, the i^qVuarte?wc°tLMfsilPer''nten^ence °^ *^ie general land office of the United States *c. in either ofthe at the seat of government, be entitled to draw, by lot, in such ten" toTe'granwd manner as the officer at the head of the land office, under the wthout fee. direction of the President of the United States, may prescribe, one of the quarter sections surveyed by virtue of the first sec- tion of this act, in either of the said territories which the per- son in whose favor such warrant has issued may designate. Arid a patent shall thereupon be granted to such person, for such quarter section, without requiiing any fee therefor. Wo claim for miii- Sec. 4. And be it farther enacted, That no claim for the Enable untiuf- miUtary land bounties aforesaid shall be assignable or transfera- ter a patent, &c. ble in any manner whatever, until after a patent shall have been ahsaies,mortgage«., granted in the manner aforesaid. All sales, mortgages, con- contracts, &c. made P , n x t. x 1 • x\. a prior to granting a tracts, or agreements, of any nature whatever, made prior thereto, toaNenaTe^&c^y f°r ^e purpose, or with intent, of alienating, pledging, or mort- ciaim to military gaging, any such claim, are hereby declared, and shall be held, declared null' ami 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, mortgage, 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 his heirs or legal representatives, or by virtue of any process, or suit at law, or judgment of court, against a person entitled to receive his pa- tent as aforesaid. [Approved, May 6, 1812.-] CHAPTER 73. An act for the better regulation of the ordnance.* An ordnance de- Sec. 1. Be it enacted by the Senate and House of Represen- pnrtment establish- tatives of the United States of America, in Congress assembled, ed, to consist of a 11 ii i • itii i 1 commissary-gene- J hat there be, and hereby is, established an ordnance depart- tiesY&"unt'depu ment, to consist of a commissary-general of ordnance^ an as- sistant commissary-general, four deputy commissaries,! and as many assistant deputy commissaries^ as the President of the United States may think necessary, not exceeding eight. The commissary- Sec 2. And be it further enacted, That the commissary-gen- l^lmpio^wheef er^ De authorized, from time to time, to employ as many wheel- wrights, &c. wrights, carriage makers, blacksmiths, and laborers, as the pub- lic service may, in his judgment require. Rank,pay,&emoi- Sec 3. And be it farther enacted, That the commissary- "mtnUoflhecom-general of ordnance shall be entitled to the rank, pay, and * Repealed and supplied by act of 8th February, 1815, chapter 99. ■J- See supplementary act, chapter 89. } See chapter 84, section 6. 149 emoluments, of a colonel of infantry, and be further allowed ^fs8wy-g«ucrai,.as- • p^-,j,ixxJ ip x- .rtstaot.deputies.ete. at the rate of five hundred dollars per year, and tour rations per day, for clerks in his department: the assistant commis- sary-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 in- fantry, with two additional rations per day, and forage for one horse; the assistant deputies shall have the rank, pay, and emoluments of a second lieutenant of infantry, with one addi- tional ration per day. Sec 4.'.72710! be it farther enacted, That a master wheel- Pay, &c. of **eei WTight, and carriage maker, and a master blacksmith, be allow- Ser^ fcc?"™** ed thirty dollars, each, per month, and one ration and one half of a ration per day; that any other wheelwrights, carriage makers, and blacksmiths, be allowed, each, sixteen dollars per month, and one ration and one half of a ration per day; that the laborers, each, be allowed nine dollars per month, and one ration per day. Sec 5. And be it further enacted, That it shall be the duty Duties of the mi»- of the commissary-general of ordnance to direct the inspection ordnance." and proving of all pieces of ordnance, cannon 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 appa- ratus for ordnance, for garrison and field service, and all am- munition wagons, pontons, and travelling forges; also the di- rection of 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, carriages, ammunition, and apparatus, in the respective fortresses, magazines, and arsenals, and cause the same to be preserved and kept in good order. Sec 6. And be it farther enacted, That the commissary- Th« commissary- general of ordnance shall execute all orders issued by the se-to^iecute^aiiTr6 cretary for the department of war, in conveying all ordnance, ^"Var^of^an ammunition, and apparatus, to the respective armies, garrisons, ^'orde^' oTm/ magazines, and arsenals; and, in time of war, he shall execute general officer, &c. all orders of any general officer, commanding in any army or garrison, for the supply of ordnance, ammunition, carriages, pontons, forges, furnaces, or apparatus, for garrison, field, or siege service, and forward the same, without delay, and in good condition. Sec 7. And be it farther enacted, That the commissary- The commissary- general of ordnance shall, half yearly, transmit to the depart- ton'taa°sinU,nuif ment of war a correct return of all ordnance, ammunition, mili- [„rnly0fC°^ieCord- tary stores and effects, in the respective garrisons, arsenals, mag- nance,ammunition, azines, posts, and camps, with a statement of their or4er, quali- ment, &c ty, and condition; and also what may be necessary to keep up an ample supply of each and every article in the ordnance de- partment, and shall, in all things, faithfully and without delay, execute the orders of the secretary for the department of war touching the same. 150 ma Tke superintend- Sec 8. And be it farther enacted, That, the superintend- "ores/keepers^fents of military stores, keepers of magazines and arsenals, Saf^'h«if yearly" s^a^j ^a^ vearrv> m&ke correct returns, to the commissary-gen- eorrect returns to eral of ordnance, of all military stores that they respectively the eommissary-ge-. ., i i , • . J *■ i /• nerai,andtheassi»-have in charge; and that the assistant commissary-general of Mrano^Kcu^aii ordnance, the deputy commissaries, and assistant deputies, orders, &c. shall, faithfully and without delay, execute all orders that shall be issued by the secretary for the department of war, the com- manding general, in time of war, of any corps, camp, or garri- son, or of the commissary-general of ordnance, in their respec- tive departments, by virtue of this act. ^Berai'ofo^dnMce ^EC* ^' ^n^ ^e ^ fartlier enacted, That the commissary- to make a correct general of ordnance shall make a correct report of the artificers trae^'oT'artin'cers and laborers, from time to time, employed by him, and transmit ptoyed* &"" cm"the same t0 the adjutant-general. $20,000 appropria- Sec 10. And be it further enacted, That, for defraying the the wpensf^hat exPense that may be incurred in the execution of this act, the W \- iDCUrIed sum °f twenty thousand dollars be, and the same is hereby, ap- ' propriated, to be paid out of any money in the treasury, not otherwise appropriated. [Approved, May 14, 1812.] CHAPTER 74. An act making further provision for the anny of the United States.* T*e Presides em- Sec. 1. Be it enacted by tlie Senate and House of Represen- ts 'may40 diltiict tatives of the United States of America, in Congress assembled, paymasters as the That the President of the United States be, and he hereby is, ke.c ' authorized and empowered to appoint so many district paymas- ters as, in his judgment, the service may require; and if such paymasters are taken from the line of the army, they shall, re- spectively, receive thirty dollars per month, in addition to their Proviso; the pay of pay in the line: Provided, The same shall in no case exceed not'to^S^hattne pay and emoluments of a major; and if not taken from the of a major, &c \[ne fay shan receive the same pay and emoluments as a major of infantry. The President au- Sec 2. And be it furtlier enacted, That the President of f^ite0rtoPe°ad! the United States be, and he hereby is, authorized and empow- J!eSe'eCesta0Diishthe ered to appoint a paymaster to each regiment on the peace es- me»t, kc. tabiishment, who shall receive the same pay and emoluments as a captain of the regiment to which he belongs : Provided, * The provisions of this act, with the exception of section 7, may be considered repealed by the act of 3d March, 1815, chap. 100, not being therein recognized. Section 7, being a part of the rules and articles of war, is expressly recognized and continued by that act. So much of it, however, as applies to the crime of desertion, is repealed by the act of 2d March, 1833, chap. 159, which, of course, revives the original act to that extent. 151 That all district and regimental paymasters shall be subject to Proviso; district p 1 • l l_ 1 j 4.1, TT '+ A and regimentalpay- the rules and articles of war, and give such bonds to tne uniiea masters subject to States as the secretary for the department of war may direct, {£",",£'w^!;*£ for the faithful performance of their duties. And it shall be the give bonds, &c. duty of the commanding officer, when requested by the pay- J^^^JPg a master, to furnish a capable non-commissioned officer or soldier soldier, &c. to aid to aid him in the discharge of his duty, who, while so em-the Paymast< ployed, shall receive double pay. Sec 3. And be it further enacted, That the President of The President au- */ . . ' , . . • . thorized to appoint, the United States be, and he hereby is, authorized to appoint, &c. as many sub- from the captains and subalterns of the line of the army, so many Jemce'mayrequlre, sub-inspectors as the service may require, not exceeding one to £«• not «<***■■■*, each brigade; and such sub-inspectors shall each receive twenty- four dollars per month, in addition to his pay in the line. Sec 4. And be it farther enacted, That each brigade-ma- Each brigade-ma- jor, provided by law, shall be allowed twenty-four dollars per $24 per monTh ad- month, in addition to his pay in the line. Sec 5. And be it farther enacted, That the general com-The general com- manding the army of the United States shall be allowed a£abe2foweed"™-' secretary, to be taken from the line of the army, who shall re-cretary'&0' ceive twenty-four dollars per month, in addition to his pay in the line, and shall be allowed forage for two horses. Sec 6. And be it farther enacted, That, in addition to Each company of the non-commissioned officers and privates allowed to the regi- uued to'iaZi'veri. ment of light artillery, each company shall be entitled to twelve *J^ri£J£!;5 drivers of artillery, who shall be enlisted for five years, unless and li'abie to do duty J ' . i* J in the Tanks, when, sooner discharged, and receive the same pay, rations, and &c. clothing, as the privates of the army: Provided, Such drivers of artillery shall, at all times, be liable to do duty in the ranks when the company shall not be mounted. Sec 7. And be it furtlier enacted, That so much of the so much of the act p i -i • i • i i • i p i c mentioned, as au- "Act for establishing rules and articles for the government ot thorizes the inaie- the armies of the United States," as authorizes the infliction of pu^90hmTn7by corporeal punishment by stripes or lashes, be) and the same '£$%£lashe8' hereby is, repealed. [Approved, May 16, 1812.] CHAPTER 75. An act to amend an act, entitled "An act to establish a quartermaster's department, and for other purposes."* Sec. 1. Be it enacted by the Senate and House of Represen- Neither the qu&r- tatives of the United States of America, in Congress assembled, missary-generd, That neither the quartermaster-general, the commissary-general, nor ,h*,r dePu,i?s' * See original act, chapter 68, with the note annexed thereto, the latter part of which, is applicable to sections 1, 3, and 4 of this act. 152 &c. to be concern- nor any or either of their deputies or assistant deputies, shall be purposes0, to'the01" concerned, directly or indirectly, in the purchase or sale, for Fnylrtic*eTntSende°df commercial purposes, of any article intended for", making a part dTai?taentsp&tive °^ 01 aPPeriaining to, their respective departments, except for, except, &c.' 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. The quartermaster- Sec 2. And be it farther enacted, That the quartermaster- to^pp^inunTpHn- general be, and he is hereby, empowered to appoint, one prin- t^Ld^matTde'- c*Pal barrack-master, and as many deputy barrack-masters as putiesasmaybene- may, from time to time, be necessary, not exceeding one to each exceeding, &c. separate barrack or cantonment; which said principal barrack- master shall be entitled to receive the same pay, rations, and emoluments as the principal forage-master; and each of his deputies, the same pay, rations, and emoluments, as is by law allowed to a deputy forage-master. The secretary of Sec 3. And be it farther enacted, That, in addition to the adadrit?0ayaimaiioir allowance made to the quartermaster-general and commissaiy- ■maMe^,andqcom-r" general, respectively, in and by the act hereby amended, it shall missary-generai,for and may be lawful for the secretary for the department of war otticc rent, lucK otc. " •/ x for the time being, to allow to them, respectively, such sums as, in his opinion, shall have been actually and necessarily expend- ed in their several departments for office rent, fuel, candles, and extra clerk hire. The quartermaster- Sec 4. And be it further enacted, That the quartermaster- l^c.eto enterUbto general, the deputy quartermasters, and the assistant deputy bonds, &c. quartermasters, shall, before they, or either of them, enter upon the duties of their appointment, respectively enter into bond, with sufficient security, to be approved of by the secretary of war, conditioned for the faithful expenditure of all public moneys, and accounting for all public property, which may The quartermaster- come to their hands, respectively; and the quartermaster-general general not liable . ■,-, i i • i i r* i ibr money, &c that shall not be iiable for any money or property that may come hands ofesubc°rdi-e into the hands of the subordinate officers of his department. Thee^cti^of Sec- 5- Jlnd be it farther enacted, That the sixth section of act amended, re- fa acf hereby amended, be, and the same is hereby, repealed. p [Approved, May 22, 1812.] CHAPTER 76. An act for the more perfect organization of the army of the United States.* The infantry ofthe Sec 1. Be it enacted by the Senate and House of Representa- ^cgiments"8'°f tives of the United States of America, in Congress assembled, That the infantry of the army of the United States shall cort- * This act, with the exception of that part of section 5 which relates to the rule of promotions, is superseded by act of 3d March, 1815, chapter 100. 153 sist of twenty-five regiments, and that a regiment shall consist o»gw.»»'.o* *r a of one colonel, one lieutenant-colonel, one major, one adjutant,regUBen one paymaster, one quartermaster, one surgeon, two surgeon's mates, one sergeant-major, one quartermaster-sergeant, two principal musicians, and ten companies, Sec 2. And be it further enacted, That each company Organization of a 1 n p - pi- j company. 'shall consist of one captain, one first lieutenant, one second lieutenant, one ensign, four sergeants, six corporals, two musi- cians, and ninety privates. . Sec 3. And be it furtlier enacted, That, to the regiment of £;er|^£trfc£ cavalry, authorized by the act, passed Januaty eleventh, one »a**r mentioned. thousand 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 dragoons authorized by the a surgeon's mate to act, passed April twelfth, one thousand eight hundred and aragoo'nTmention- eight, entitled "An act to raise for a limited time, an additionaled> military force,"f one surgeon's mate. Sec 4. And be it further enacted, That each troop of ca- Organization of a valry, or light dragoons, shall consist of one captain, one first &°?p °' lieutenant, one second lieutenant, one cornet, four sergeants, six corporals, two musicians, one master of the sword, one saddler, The pay, &c. of a p • ill •.! i • ■ p • i lii master of the sword one farrier, one blacksmith, and sixty-four privates; and the the same as that of pay and emolument of a master of the sword shall be the same ^"oflbteksnith, as those of a riding-master, and the pay and emolument of athe same as a far" blacksmith shall be the same as those of a farrier. Sec 5. And be it further enacted, That the military estab-The mi'itary £S^b. ... i*iii • i ipii p a m lishment authorized lishment authonzed by law previous to the twelfth day of April, previous totheiath one thousand eight hundred and eight, and the additional mili- additional military tary force raised by virtue of the act of the twelfth of April, ^io^d" nctt** one thousand eight hundred and eight, be, and the same are ported. hereby, incorporated; and, that from and after the passing of this act, the promotions shall be made through the lines of artillerists, Promotions to be light artillery, dragoons, riflemen, and infantry, respectively, ac- jjnes" relative,e cording to established rule. &c.according to [Approved, Jv.m 26, 1812.] CHAPTER 77. An act respecting the pay of the army of the United States.t Sec 1. Be it enacted by the Senate and House of Representor The officers and tives of the United States of America, in Congress assembled, to'receiv^^he^e That the officers, non-commissioned officers, musicians, and ^'^r^'<^tn^' privates, of the army of the United States, shall receive the and">H"r* •**««•- same pay, forage, rations,'clothing, and other emoluments, as lorai^fo'a'imit- * Chapter 65. f Chapter 57. t Superseded by act of 3d March, 1815, which refers to and adopts the pro- visions ofthe same act in respect to pay, &c. 154 «d time, an addi- the officers of the same grade and corps, non-commissioned of- tiomu military ficers, musicians, and privates, are entitled to by the act, entitled "An act to raise, for a limited time, an additional military force,"* passed April twelfth, one thousand eight hundred and eight; and to the aid-de-camp of a brigadier, to a brigade-quartermas- ter, brigade-inspector, and adjutant, there shall be allowed for- age for one horse only, or, in lieu thereof, ten dollars per month; and to the brigade-majors, under the act passed January the eleventh, one thousand eight hundred and twelve, there shall be allowed forage for one horse, or in lieu thereof, ten dollars per month; and the pay of a quartermaster-sergeant shall be nine dollars per month. [Approved, July 6, 1812.] CHAPTER 78. An act making further provisions for the army of the United States, and for other purposes.f Two additional Sec 1. Be it enacted by the Senate and House of Representa- »"y*be"ppo°nt^d tives of the United States of America, in Congress assembled, LJnahteef&c!dentand That the President of the United States be, and he is heieby, authorized, by and with the advice and consent of the Senate, to Thebrigadiergen- appoint two brigadier-generals, in addition to those already au- rwei've^e t^t0 thorized by law, who shall each be entitled to the same number p»7, *<•• of aids and brigade-majors, as are allowed to a brigadier-general under the act of Congress, passed the eleventh of January, one thousand eight hundred and twelve. And the said brigadier- generals, aids, and brigade-majors, shall be entitled to receive the same pay and emoluments as are by law allowed to officers ofthe same grade. The president may Sec 2. And be it further enacted, That to any army of the a§ju^t-genee5 United States, other than that in which the adjutant-general, fcc. to any army, inspector-general, quartermaster-general, and paymaster of the other than that in XT to > T. © •» *. J . which the adjutant- army, shall serve, it shall be lawful for the President to appoint iTt^takenfroem one deputy adjutant-general, one deputy inspector-general, one ■y -"pay0*.'1* ar deputy quartermaster-general, and one deputy paymaster-gene- ral, who shall be taken from the line of the army, and who shall, each, in addition to his pay and other emoluments, be en- titled to fifty dollars per month, which shall be in full compen- Not needing sation for his extra services. And that there shall be, to each p^'to^Mh de- of the foregoing deputies, such number of assistant deputies partment as the ser- (not exceeding three to each department) as the public service * See chapter 57, section 4. | The first and second sections of this act, relating to organization and pay, are superseded by the provisions of the act of March 3d, 1815, chapter 100. The residue, from their nature and general import, are not liable to be incidentally repealed. 155 »ay require, who shall, in like manner, be taken from the line, ^^'ggj^ and who shall, each, be entitled to thirty dollars per month, in iinc; pay, &c. addition to his pay and other emoluments, which shall be in' full compensation for his extra services: And provided also, Proviso • the Pres- That the President of the United States be, and he is hereby, \vJo\nt any of the authorized to appoint, any of the officers named in this act °^cerresce°sa5meto' £ during the recess of the Senate, to be submitted to the Senate, submitted, &c. at their next meeting, for their advice and consent. Sec 3. And be it further enacted, That all letters and Letters, &c. to and packages to and from the adjutant-general and inspector-gene- anTinspe^tor-gene- ral, shall be free from postage. rals t0 be ftee'&c- Sec 4. And be it further enacted, That the President The President au- is hereby authorized to confer brevet rank on such officers of DreTe?rankon0om- the army as shall distinguished themselves by gallant actions, or ZZ^lflft meritorious conduct, or who shall have served ten years in any «ho have^served one grade:* Provided, That nothing herein contained shallp"^"' n„thin(? be so construed as to entitle officers so bievetted to any addi-herein to entitle of- , . , j- x ficers brevetted to tional pay or emoluments, except when commanding separate additional pay, &c. posts, districts, or detachments, when they shall be entitled to, S^^ra™" and receive, the same pay and emoluments to which officers p°s*s>&c- of the same grades are now, or hereafter may be, allowed by law. Sec 5. And be it further enacted, That the officers who officers who do not shall not take wraiters from the line of the army, shall receive the line, to receive the pay, clothing, and subsistence allowed to a private soldier, Phrtvaptey'BOwkrffor for as many waiters as they may actually keep, not exceeding asmanywaiter»,fcc the number allowed by existing regulations. [Approved, July 6, 1812.] CHAPTER 79. An act increasing the pay of the non-commissioned officers, musicians, privates, and others, of the army, and for other purposes.! Sec 1. Be it enacted by the Senate and House of Represen- After th8e123.uttn)J tatives of the United States of America, in Congress assembled, monthly pay'of the That, from and after the thirty-first day of December, eighteen ^nJ°mmi;^d,3 hundred and twelve, the monthly pay of the non-commissioned n^tobe M •p**- officers, musicians, privates, drivers, bombardiers, matrosses, sappers, miners, artificers, saddlers, farriers, and blacksmiths, who 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 territories, and the * So much of this act as authorizes brevet rank to be conferred for ten years' service in one grade, is repealed by act of 30th June, 1834, chapter 165—See also chapter 116. f Rendered obsolete by the termination of the war. For pay, subsequently, see provisions of the act of 3d March, 1815, chapter 100. 156 United Kingdom of Great Britain and Ireland, and the depen- specification of dencies thereof, be as follows, to wit: To each sergeant-major mont ypay. anj quartermaster-sergeant, twelve dollars; to each sergeant and principal musician, eleven dollars; to each corporal, ten dollars; to each musician, nine dollars; to each private, driver, bombardier, matross, sapper, and miner, eight dollars; to each artificer, saddler, farrier, and blacksmith, not attached to the quartermaster-general's and ordnance department, thirteen dollars. During the coutin- Sec 2. And be it furtlier enacted, That, during the con- ^"rGreat'Brifeu^ tinuance of the war with Great Britain, no non-commissioned ednofficCeTm!'sion °^ceV7 musibian, private, driver, bombardier, matross, sapper, etc. liable'to arrest miner, artificer, saddler, farrier, or blacksmith, enlisted in the service of the United States, during his continuance in service, shall be arrested, or subject to arrest, or to be taken in execu- tion, for any debt before or after enlistment. »on-commissioned Sec 3. And be it further enacted, That every non-com- etofrecVuUeTafte'r missioned officer, musician, and private, who shall, after the the promulgation of promulgation of this act, be recruited in the regular army of this act, may enlist i tt • i n i • • l l i • c to serve during the the United States, may, at his option, to be made at the time of ataoption°ctc.yearSj 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 allowances, and be subject to the same rules and regulations, as if he had enlisted for the term of five years. [Approved, December 12, 1812.] CHAPTER 80. An act supplementary to the act, entitled " An act for the more perfect organiza- tion of the army of the United States."* The President au- Sec 1. Be it enacted by the Senate and House of Represen- ooeradditionaiPma- tatives of the United States of America, in Congress assembled, »en\Dmeentionerde.8i"Tnat the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint one additional major to the first regiment of light dragoons, the regiment of light artillery, each regiment of in- fantry, and the rifle regiment in the army of the United States, who shall receive the like pay, rations, forage, and other emol- uments, as officers of the same grade and corps of the present establishment. a third lieute- Sec 2. And be it farther enacted, That there be appointed, Jlotnted0 toe each m manner aforesaid, one third lieutenant to each troop or com- pany in the army of the United States, who, if of cavalry «r * This act is superseded by that of 3d March, 1815, fixing the peace establish- ment of the United States—See chapter 100. 157 light dragoons shall receive the monthly pay of thirty dollars, ™mPat»yin ,he *" and of other corps, twenty-three dollars, and be allowed the same forage, rations, and other emoluments, as second lieuten- ants of the same corps to which they belong. Sec 3. And be it further enacted, That there be allowed to ^^•J ts0£r" each,troop or company in the army of the United States, one each troop or com- additional sergeant, who shall receive the like pay, clothing, etc"3' ' rations, and other emoluments, as sergeants of the present mili- tary establishment. Sec 4. And be it farther enacted, That, in order to complete |24 on account of the present military establishment to the full number authorized vanced to each able by law, with the greatest possible despatch, there shall be paid aft1redthnealiItnlFeb. to each effective, able bodied man, who shall be duly enlisted 1813>elc- into the service of the United States, after the first day of Feb- ruary next, to serve for the term of five years, or during the war, an advance, of twenty-four dollars, on account of his pay, in addition to the existing bounty, one half of such advance to be paid at the enlistment of the recruit, and the other half when he shall be mustered, and have joined some military corps of the United States, for service; and a bounty of one hundred and Bounty Oneoacres sixty acres of land, as heretofore established by law.* Sec 5. And be it farther enacted, That the commissioned Commissioned o&- officers who shall be employed in the recruiting service, shall crulung, entitied'to be entitled to receive for every effective able bodied man, who r^™Ji*J%r Ji^ shall be duly enlisted after the first day of February next, by them, for the term of five years or during the war, and muster- ed, and between the ages of eighteen and forty-five years, the sum of four dollars: Provided, nevertheless, • That this regula- Proviso; the regula- tion, so far as respects the age ofthe recruit, shall not extend to no" _toS«un shall receive the like pay, forage, rations, clothing, and ce^eto™"1' ex-other emoluments, (the land and bounty excepted,) as the of- ficers of the same grade and corps, non-commissioned officers, musicians, and privates, of the present military establishment. The officers and Sec 6. And be it further enacted, That the officers, non- soldiers, to be gov- •• i rr • • i • p.i • j. emed by the rules commissioned officers, musicians, and privates, of the regiments and amdes of war. hgrg^y authorized to be raised, shall be governed by the rules and articles of war, which have been established by the United States in Congress assembled, or by such rules and articles as may be hereafter by law established. * Superseded by the provisions of the act of 3d March, 1815, fixing the peace establishment—See chapter 100. 159 Sec 7. And be it farther enacted, That the commissioned commission officen officers, who shall be employed in recruiting the force author- ewy'person en- ized by this act, shall be entitled to receive, for every person,isted'etc- enlisted by them into this service, for the term specified, and ap- proved by the commanding officer of the regiment, and between the ages of eighteen and forty-five years, the sum of two dollars: Provided, nevertheless, That this regulation, so far as respects Proviso; the regu- the age of the recruit, shall hot extend to musicians, or to those Ihe^e'Tthe"! soldiers, who may re-enlist into the service: And provided also^m^l^ltT* That no person under the age of twenty-one years shall be en- No Per9°n und£r listed by any officer, or held in the service of the United States, without content'of without the consent, in writing, of his parent, guardian, orparenls'etc- master, first had and obtained, if any he have; and if any offi- Any officer enlisting cer shall enlist any person contrary to the true intent and mean- EctVforfeTutte ing of this act, for every such offence he shall forfeit and pay ^d°"totnfoj^ 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 8. And be it further enacted, That there shall be al-$ie bounty to each lowed and paid to each man recruited as aforesaid, a bounty of oTI^obedXTed' sixteen, dollars; but the payment of eight dollars ofthe said&c- bounty shall be deferred until he shall be mustered, and have joined some military corps of the United States. Sec 9. And be it farther enacted, That the said regiments Arrears of pay shall be paid in such manner, that the arrears shall, at no time, rnTh£uXs, L exceed two months, unless the circumstances of the case shall render it unavoidable. Sec 10. And be it farther enacted, That if any officer, non- Disabled officers commissioned officer, musician, or private, shall be disabled, by ^d'on'tL'^of wounds or otherwise, while in the line of his duty in public ,nvaIids>&c- service, he shall be placed on the list of invalids of the United States, at such rate of pension and under such regulations as are or may be directed by law: Provided always, That theProvis?;thecom- compensation to be allowed for such wounds or disabilities, to ^ndsT&^to a a commissioned officer, shall not exceed, for the highest rate of "oTto^ disability, half the monthly pay of such officer, at the time of h«If^moulh,y his being disabled or wounded; and that no officer shall receive n? officer to re- more than the half pay of a lieutenant-colonel; and that thehTirthTmo«thiy rate of compensation to non-commissioned officers, musicians, pay of lieut"co1' and privates, shall not exceed five dollars per month: And pro- Pr°™?> -nfe™- vided also, That all inferior disabilities shall entitle the person \™x\iT$££. so disabled to receive an allowance proportionate to the highesttIon' disability. Sec 11. And be it farther enacted, That if any commis- widows or chii- sioned officer shall, while in the service of the United States, tiZ&mZ^g die, by reason of any wound received in actual service of the ^X"^^ United States, and leave a widow, or, if no widow, a child or hair^h^mor'ithi children, under sixteen years of age, such widow, or, if no pay for fiw"1***-**, widow, such child or children, shall be entitled to and 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 160 lacaMtke widow case of th% death or intermarriage of such widow, before the fo",°&cBa»Se musician, and private, shall take and sub- scribe the following oath or affirmation, to wit: "I, A B, do For» of the oath, solemnly swear, or affirm, (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 ene- mies or opposers whomsoever; and that I will observe and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and articles of war." Extraexpenses in- sEC> 14. jjnd be it further enacted, That where any com- eurred by commis- . . . _, , _. jf ' » sioned officers in missioned officer shall be obliged to incur any extra expense, in t^on^genera/" travelling and sitting on general courts-martial, he shall be al- aUowedT&eia,tobe lowed a reasonable compensation for such extra expense actually incurred, not exceeding one dollar and twenty-five cents per day to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage. officcHMdsoidiers SEC. 15. Jina\ be it further enacted, That whenever any servicefo he'aiiow- officer or soldier shall be discharged from the service, except to uavenoTheir9 by way of punishment for an offence, he shall be allowed his gaces or residence, pay anti rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day. a chaplain to be Sec 16. And be it furtlier enacted, That there shall be ap- b?£ade!l£each pointed to each brigade one chaplain, wh6 shall be entitled to the same pay and emoluments as a major in the infantry. Hofejdor^.taffof- gECi i7# j2nd oe ft farther enacted, That no field or staff to receive pay or officer, who may be appointed by virtue of this act, shall be cXdTJto'actuai entitled to receive any pay or emoluments until he shall be service, &c. called into actual service, nor for any longer time than he shall continue therein. Acts concerning Sec 18. And be it farther enacted, That the act entitled corps^repe^ied?^ "An act authorizing the President of the United States to ac- cept and organize certain volunteer military corps," and the act, entitled "An act supplementary to the act, entitled "An 161 act authorizing the President of the United States to accept and organize certain volunteer military corps," be, and the same are hereby repealed, from and after the first day of February next: Provided, That nothing herein contained shall be so Proviso; nothing construed as to deprive the officers and men who may have volunteer om'"t entered the service as volunteers, under the said acts, of any ™* ™£lf&.of rights, immunities, or privileges, therein secured, or the United States of the services of such volunteers, agreeably to the pro- visions of said acts. [Approved, January 29, 1813.] CHAPTER 82. An act making provision for an additional number of general officers.* Sec 1. Be it enacted by the Senate and House of Represen- sn major-generaij tatives of the United States of America, in Congress assembled, addition'1**.e That the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint six major- generals in addition to those already authorized by law; each Two aids-de-camp of whom shall be allowed two aids-de-camp, to be taken from the officers of the line; and six brigadier-generals, who shall s«brigadier-geue- be allowed a brigade-major, and one aid-de-camp each, to be ^&er.lgade ma* taken also from the officers of the line. Sec 2. And be it furtlier enacted, That the officers autho- ™«°p*« *«»«io- i ■■ i ■ in-i p - irlie<* °y,n,! Mt->to rized by this act shall receive the same pay, forage, rations, and receive the same other emoluments, as the officers of the same grade of the pre- {£'the c^mV grade sent military establishment. l^E^t [Approved, February 24, 1813.] CHAPTER 83. An act the better to provide for the supplies of the army of the United States, and for the accountability of persons entrusted with the same.-j- Sec 1. Be it enacted by the Senate and House of Represen- The 3d ^ of tatives of the United States of America, in Congress assembled, «>e act to provide That the third section of the act, entitled " An act to provide p^'inganenais,'*' for the erecting and repairing of arsenals and magazines, and ' "p**1"1 * Superseded by the provisions of the act of 3d March, 1815, fixing the peace establishment, chapter 100. ■J- The 8th and 9th sections of this act were superseded by act of 3d March, 18i5, chapter 100. The residue, with the exception of section 5, was repealed by act of 3d March, 1817, chapter 109. Section 5 confers general powers without limitation as to time, and does not appear liable to be repealed inci- dentally. . 11 • 162 after sut March, for other purposes,"* passed on the second day of April, one 181'" thousand seven hundred and ninety-four, be, and the same is hereby, repealed, from and after the thirty-first day of March, one thousand eight hundred and thirteen. a superintendent- Sec. 2. And be it further enacted, That there shall be a ^"hel°kc"ililary suPermtendent-general of military supplies, who shall reside at the seat of government, and receive an annual salary of three Saiwy of .f3,ooo. thousand dollars; and whose duty it shall be, .under the direc- intend'ent-generai, tion of the secretary for the war department, to keep proper ac- kc' counts 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 service; to prescribe the forms of all the returns and accounts of such stores and supplies purchased, on hand, distributed, used, or sold, to be rendered by the commissary of ordnance and officers in his department, by the commissary-general of purchases and his deputies, by the several officers in the quartermaster-gene- ral's department, by the regimental quartermasters', by the hos- pital surgeons and other officers belonging to the hospital and medical department, and by all other officers, agents, or per- sons, who shall have received, distributed, or been intrusted 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 the articles unaccounted for by such delinquency, to the accounting officers of the treasury, for final settlement and recovery of such value; to transmit all such orders, and, generally, to perform all such other duties, respecting the general superintendence of the purchase, transportation, safe keeping, and accountability of military supplies and stores, as aforesaid, as may be prescribed by the secretary for the war department. TKe commissary- Sec 3. And be it farther enacted, That the commissary- fhase'*11*0/ tTren- general of purchases and his deputies, the several officers in der quarterly ac- x^Q quartermaster's department, the regimental quartermaster's, counts to the super- ~l . r 7 O i i • i istendent-generai the commissary ot ordnance, his assistant and deputies, the ofaihtarysuppiet, pr-nc^aj j^gp^i surgeons and officers belonging to the hos- pital and medical departments, and all other officers, agents, or persons, who shall have received, or may be intrusted with, any stores or supplies, of any description whatever, for the use of the army of the United States, and of the volunteers or mili- tia in their service, shall render quarterly accounts of the dis- position and state of all such stores and supplies to the super- intendent aforesaid; and shall also make such other returns respecting the same, and at such other times, as the secretary Prenso: the ae- for the war department may prescribe: Provided, however, Id"toretate'oniy'to That the accounts and returns thus rendered shall relate to the p£ "eeived^a'n.? articles of supply only, which may have been received and 4ic?o»td of, fcc disposed of, or as may remain on hand, and shall not embrace *See chapter 19. , 163 the specie accounts for moneys disbursed by such officers, ^cireea1d^(1'lts l°t agents, or other persons; which specie accounts shall be ren- heretofore,&c dered, as heretofore, to the accountant for the war department. Sec 4. And be it further enacted, That the officers, agents, officers,^e..u,&c. j, • , ^ . ' . . ~ ,i who receive money or other persons, who may receive money in advance trom tne m advance from the war department, shall render quarterly accounts to the accoun- renderparquarter!y tant of the said department, of their specie receipts and dis-iCC0U"tfl'»lhe " l i i n ill ii couutun , Sti- bursements, and shall, moreover, make such other monthly summary statements thereof to the secretary of the said de- partment, as he may prescribe. And the quarterly accounts of The quarterly ac- t p ii p -liiii counts of supplies supplies, or of moneys rendered as aforesaid, shall be, respec-ormoneystobeset- tively, settled by the superintendent-general of military sup-ra^ih7b^»»*»" plies, and by the accountant ofthe war department, according Pt'*ntenaent-sei>e- 1 '. •> . , . . ... , L ip i ralano accountant^ to their respective authorities, withm three months alter the &c time when such accounts shall have, respectively, been ren- dered to them. Sec. 5. And be it furtlier enacted, That the secretary for the i'i*c secretary of war department shall be, and he is hereby, authorized and di- directed XVefi"e rected to define and prescribe the species, as well as the amount, {£* ^unl* of sup*-' of supplies to be respectively purchased by the commissary- [^''a^J^m*" general's and quartermaster-general's departments, and thesary and quarts- respective duties and powers of the said departments respecting departmfnu,'a&c., such purchases; and also to adopt and prescribe general regu- \:^ ?egXtion?iior lations for the transportation of the articles of supply from the ll;e transportation , „ if.i i ■ . rr ./ ofarUclesoi supply, places ot purchase to the several armies, garrisons, posts, and &.v. 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 quartermasters, and to such other officers as may, by virtue of such regulations, be intrusted with the same. And the secretary aforesaid is also authorized to fix and make The ,x .».,rf t» reasonable allowances for the store rent, storage, and salary of [^vkaeJ"''f ?b!!a!" storekeepers necessary for the safe keeping of all military stores and supplies. Sec 6. And be it farther enacted, That the superintendent- Tiiesuoerintendent- general of military supplies shall be appointed by the President, f^f, °{™^*£ with the advice and consent of the Senate; but the PresidentP9>nU;dur*«p™- . i*i sident irt'1 beaatej is hereby authorized to make the appointment during the recess &<:• of the Senate; which appointment shall be submitted to the Senate at their next meeting, for their advice and consent. Sec 7. And be it further enacted, That the superintendent- Th* s^riaten.*- general of military supplies shall be authorized to employ a suf- thorwcd to' employ ficient number of clerks: Provided, That their annual compen- th"ir"annualdcom- sation shall not exceed, in the whole, seven thousand dollars; {*"^0|r$w. tt0' and the sum of eight thousand dollars is hereby appropriated ^m appropri». for paying the said compensation, and that of the superinten- ted^paymgderk dent aforesaid, during the year one thousand eight hundred and thirteen, to be paid out of any moneys in the treasury, not otherwise appropriated. Sec 8. And be it further enacted, That the President of the The President m»7 United States be, and he is hereby, empowered, as he may comm'ilsarie^or deem it expedient, either to appoint, for the time being, a spe-autll0riw »ftom 164 »n the rjuartermas- cial commissary or commissaries, for tlie purpose of supplying paVtmentfto supply by purchase or contract, and of issuing, or to authorize any subsistence^forjhe 0fficer or officers in the quartermaster-general's department to be necessary from supply and issue, as aforesaid, the whole or any part ofthe sub- the want of contrac- . . • • tors, &c. sistence of the army, in all cases where, either from the want of contractors, or from any deficiency on their part, or from any other contingency, such measure may be proper and neces- sary in order to insure the subsistence of the army, or of any part thereof; and such special commissaries shall, each, whilst Pay, &c. of .special employed, be entitled to the pay and emoluments of a deputy commissaries, &c. x o / r j i j quartermaster-general. The President au- Sec. 9. And be it further enacted, That the President of not"exceeDdingP°s"x the United States be, and he is hereby, authorized to appoint li'r^&c^for'the n°t exceeding six assistant-commissaries, to be attached to such purpose of receiving army, or to reside at such places, respectively, as the secretary clothing "and Vther for the war department may direct, for the purpose of receiving supplies, &e. from the commissary-general of purchases, or from his depu- ties, and of distributing to the regimental quartermasters, and to such officers as may, by the secretary aforesaid, be designa- ted, the clothing and other supplies purchased by the commis- sary-general aforesaid, or his deputies, and destined for the use of the troops belonging to the army, or in the vicinity of the place to which such assistant-commissaries may respectively be &c of £.s*>- attached. And said assistant-commissaries shall, whilst em- tant'commissaries. ployed, be entitled to the pay and emoluments of a deputy quar- termaster-general. [Approved, March 3, 1813.] CHAPTER 84. An act for the better organization of the general staff of the army of the United States.* The adjutant-gene- Sec 1. Be it enacted by the Senate and House of Represen- rai's, inspector-ge- tatives 0f the United States of America, in Congress assembled, *eral's,and quarter- J n • i, i ■aster-general's That the adj utant-general s, inspector-general s, and quarter- s'8rofmthet''offiecrs master-general's departments, shall consist of the following of- mentioned. fleers; 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 adju- tants-general, eight topographical engineers, eight assistant topographical engineers, eight inspectors-general, sixteen assis- tant inspectors-general, eight quartermasters-general, eight de- puty quartermasters-general, and thirty-two assistant deputy quartermasters-general. * This act was virtually repealed by that of the 3d March, 1815, chapter 100, fixing the peace establishment. All its provisions respecting pay, emoluments, and privileges, were, however, re-established by the act of 24th of April, 1816, for the staff therein authorized.—See chapter 103, section 9. 165 Sec 2. And be it further enacted, That the President ofThe President i-i i . , , .. , i ii may assign a Dri- the United States be, and is hereby, authorized, it lie snail gadier-generai to deem it expedient, to assign one ofthe brigadiers-general to^CT's^a the principal army ofthe United States, who shall, in 'such case, SJ^St^d act as adjutant and inspector-general, and as chief of the staff inspector-general, of such army: and the quartermaster-general attached to the The quartermaster- principal army shall, as heretofore, have the brevet rank, and fteTotave'the'bre- the pay and emoluments, of a brigadier-general. wig^r-g^nerai. Sec 3. And be it farther enacted, That all the other adju- Ratlk) paV) etc, of tants-ereneral shall have the brevet rank and the pay and emolu- other adjutants- ments, of a colonel of cavalry ; all the other inspectors-general and quartermasters-general shall have the brevet rank, and the jj^^'^0^: pay and emoluments, of a colonel of infantry ; the assistant ad- termasters-generai. jutants-general, assistant inspectors-general, deputy quarter- and a of masters-general, and topographical engineers, shall have the assistant adjutants- brevet rank, and the pay and emoluments, of a major of cav- ^"oV^n^ai. airy; and the assistant topographical engineers, and assistant deputy quartermasters-general, shall have the brevet rank, and the pay and emolument:;, of a captain of infantry. Sec 4. And be it farther enacted, That the assistant adju- A9b!Staat aajutanis- tants-general, the assistant inspectors-general, and the assistant f°£™^™mihlx\ne topographical engineers, shall be taken from the line. The ad- Adjutants-general, . f => r i • . l 1 j etc. from the line jutants-general, inspectors-general, quartermasters-general, dep- or not, etc. uty quartermasters-general, topographical engineers, and as- sistant deputy quartermasters-general, may be taken from the line or not, as the President may deem expedient. And officers officers transferred taken from the line, and transferred to the staff, shall receive staff;to recefveoniy only the pay and emoluments attached to the rank in the staff; {^hJaty0' the1 rank but their transfer shall be without prejudice to their rank and-i th« 9,aff;their promotion in the line according to their said rank and seniority ; witJm prejudice, which promotion shall take place according to usage, in theetc* same manner as if they had not been tit us transferred. Sec 5. And be it further enacted, That it shall be the duty tuc sectary of of the secretary of the war department, and he is hereby au-*^^10™*. to thorized, to prepare general regulations, better defining and pre- regulations, Pre- 7 Jr I _ o # O 7 o l scribing the duties scribing the respective duties and powers of the several officers and powers of the in the adjutant-general, inspector-general, quartermaster-gene-°mcc"of tlie ,taflr" ral, and commissary of ordnance, departments, of the topograph- ical engineers, of the aids of generals, and generally of the gen- eral and regimental staff; which regulations, when approved Tlie reflation*; by the President of the United States, shall be respected and ewtbe,t'o £'p™Teed>ed obeyed, until altered or revoked by the same authority. A nd and obeyed, etc. the said general regulations, thus prepared and approved, shall f0« couSre»». be laid before Congress at their next session. Sec 6. And be it farther enacted, That the number of as- Assistant deputy sistant deputy commissaries of ordnance shall not exceed six- orScTnot to ex- teen, and that they shall, respectively, be entitled to the brevetceed 16'etc- rank, and to the pay and emoluments of a first lieutenant of in- fantry. Sec 7. And be it farther enacted, That, for the better super- A pUysician mA intendence and management of the hospital and medical es-s«rs«ons«n«r»»> 166 vice requires. win* an itntiai sai- tabiishment of the army of the United States, there shall be a Myapothee5a^'gTnd- physician and surgeon-general, with an annual salary of two Zf'nftTm \tf. thousand five hundred dollars, and an apothecary-general, with an annual salary of eighteen hundred dollars ; whose respective duties and powers shall be prescribed by the President of the United States. Each quartrrmas- Sec 8. And be it farther enacted, That the forage, wa- toch^to^'any'sep- gon> anc* barrack, masters, shall be appointed as heretofore: nratc army, under \yUt each quartermaster-general, attached to any separate army, 'direction* etc. flu- . o ** j x j i thorizcd to appoint command, or district, shall be authorized, with the approba- ^rr.^tc.asthHer-tion,.and under the direction, of the secretary of the war de- partment, to appoint as many such officers, and to employ as many artificers, mechanics, and laborers, as the public service ma^ require. Assistant deputy Sec 9. And be it farther enacted, That the assistant dep- iieratTtofmajfbeufy quartermasters-general maybe appointed, and officers taken President b~iclx' ^vom the line and transferred to the staff, may be thus transferred, b«t, t-ic. 'by the President ofthe United States alone. But all other new appointments authorized by this act shall be made by the President of the United States, with the advice and consent of ivoviso; during the the Senate : Provided, That, during the recess of the Senate, »*ents'mayPDe made such appointments may be made by the President alone; in by the President ^^h case the same shall be laid before the Senate at their next alone, etc. ,*-o.ssion, for their advice and consent. Acts, and partf of Sec 10. And be it further enacted, That every act, and acts within the pur- - , r r-i • p *,i • i view of this ';.=(, every part ot any act, oi Congress, now in force, within the rtp<:a' purview and meaning of this act, be, and the same are hereby, repealed. Lette.* and Pa-k- Sec. n. jjn.d be it further enacted, That all letters and pack- ets to anil from the . _ i 1 • i • it adjutant ^nd in-ets to and trom the adjutant and inspector-general, adjutants- frefof postage.'0 c' general, inspectors-general, quartermasters-general, commissary- general of ordnance, physician and surgeon-general, and apoth- ecary-general, which relate to their official duties, shall be free from postage. ThePres..'.-,.t cm- Sec 12* '^n(^ be it farther enacted, That the President of powered to appoint the United States be, and he is hereby, authorized to appoint any of thc officers ^, i-ii -ii l l authorized by the any of the officers authorized by an act, entitled " An act ma- ton foaan"gddtitioVnaiking provision for an additional number of general officers,"* £", to a""31 passed the twenty-fifth day of February, one thousand eight ee»s,etc. hundred and thirteen, during the recess of the Senate, to be submitted to the Senate at their next session for their advice and consent; and that no officer appointed, or who may be ap- r«. etc. entitled to pointed, by virtue of the aforesaid act, shall be entitled to re- "*-l. MtuaV!(ervicCed, ceive any pay or emolument until he shall be called into actual etc- service, nor, for any longer time than he shall be continued therein. [Approved, March 3, 1S13.J * See chapter 82. 167 CHAPTER 85. Resolution requesting the President of the United States to cause to be prepared and laid before Congress a system of military discipline. Resolved, by the Senate and House of Representatives o/^j^^ the United States of America, in Congress assembled, That mej,aei^r^0rIecd^. President of the United States be, and he is hereby, requested g" ss/a08yCstemof to cause to be prepared and laid before Congress, as soon as^'toetoSjTf practicable, a military system of discipline for the infantry of «je»rmyMd miii- the army and militia of the United States. [Approved, March 3, 1813.] CHAPTER 86. An act to amend the "Act in addition to the act, entitled 'An act to raise an addi- tional military force, and for other purposes.' "* Sec 1. Beit enacted by the Senate and House of Represen- ^^^tt^ldby tatives of the, United States of America, in Congress assembled, the act^menttoned, That five of the regiments which wTere authorized to be raised tha>ywaV"etc.and0be by "An act in addition to the act, entitled 'An act to raise an So/a^i'" additional military force, and for other purposes,'" passed thebo*ri>eif- twenty-ninth day of January, one thousand eight hundred and thirteen, may, at the discretion of the President of the United States, be enlisted for and during the war, unless sooner dis- charged, and be limited as to service, to the defence of the sea- board of the United States, or of such part thereof as the Pre- sident may elect and determine. Sec 2. And be it further enacted, That each man recruited EaJcl,manbruited X i n i .i 1 • under this act, al- under the authority of this act, be allowed the same bounty, in lowed the same money and land, as is ahWed by law to men enlisted for five€XtJaef'r5y™" years, or for the war; and that the officers, non-commissioned officers, musicians, and privates, shall receive the same pay, clothing, subsistence, and forage, be entitled to the same bene- fits, be subject to the same rules and regulations, and be placed, ^X^'^" in every respect, on the same footing, as the other regular troops fi|°.tsjDfr~0,ther re_ of the United States. [Approved, July 5, 1813.] CHAPTER 87. An act to regulate the allowance of forage to officers in the army of the United States.f Sec 1. Be it enacted by the Senate and House of Represen- p»cersentitledt« tatives of the United States of America, in Congress assembled, ia^'.°^",eui- * See original act, chap. 61, an additional act, chap. 81, with the notes thereon. -f-This act was superseded by that of 3d March, 1815, chapter 100, which adopted, in every respect, the provisions of chapters 49 and 57, in regard to al- lowances. The provisions of this act were, however, again established by act of 24th April, 1816—See chapter 103, section 12. 168 Takni in money, at That all officers in the military service of the United States, wo/toforeihF" who are by law entitled to forage, shall receive in lieu thereof, hont' when not drawn in kind, an equivalent in money, at the rate of eight dollars per month for each horse to which they may be Pioi.so; no allow-entitled: Provided, That no allowance shall be made to any horEesfthan°arre ae- officer for more horses than he shall actually employ in the tunlly employed. public Service. [Approved, July 22, 1813.] CHAPTER 88. An act to authorize the appointment, by the President, of certain officers, during the recess of the Senate. The President an- Sec 1. Be it enacted by the Senate and House of Represen- in0theerdects*sPsucht' tatives of the United States of America, in Congress assembled, officers of thieve That it shall be lawful for the President of the United States, hegd bytoe acts in the recess of the Senate, to appoint such of the officers of the coTb^ppototed17 five regiments, authorized by the act, entitled "An act in addi- ng the .ession, x-yQn to fa act? entitled 'An act to raise an additional military force, and for other purposes,'"* and the act supplementary thereto, passed the fifth day of July, one thousand eight hun- dred and thirteen, as may not be appointed during the present The ..rpointmenu session, which appointments shall be submitted to the Senate tobeiv.bontted,etc. at fa\x next session, for their advice and consent. [Approved, August 2, 1813.] CHAPTER 89. An act supplementary to the act, entitled "An act for the better regulation of the ordnance. "\ Not ending five Sec 1. Be it enacted by the Senate and House of Represen- additionai deputy tatives of the United States of America, in Congress assembled. commissaries of .*/,1.. . *' , niii ordnance may be That, in addition to the present number allowed by law, as Bppoin many deputy commissaries of ordnance may be appointed, not exceeding five, as the President of the United States shall deem TVir rank.;■:■.- necessary to the public service; who shall be entitled to the tU' same rank, pay, emoluments, rations and forage, as are provided by the act to which this is a supplement. [Approved, August 2, 1813.] * See chapter 81 and 86. f See original act, chapter 73, with the note thereto. 169 CHAPTER 90. An act making further provision for filling the ranks of the regular army, encour- aging enlistments, and authorizing the re-enlistments, for longer periods, of men whose term of service are about to expire.* Sec 1. Be it enacted by the Senate and House of Represen- Each effects, able •> . .y->, ii j bodied man, enlist- tatives of tlie United States of America, in Congress assembled, ed alter the 1st That, in order to complete the present military establishment^"i^'inUeu to the full number authorized by law with the greatest possible rffte J;;^ ™ despatch, there shall be paid, to each effective, able bodied man ^n°Jltohfs'thPaye^itchee who shall, after the first day of February next, be enlisted into the army of the United States, to serve for the term of five years, or during the war, at his election, in lieu of the bounty in money, and of the three months' pay at the expiration of the service now allowed by law, the sum of one hundred and twenty-four dollars; fifty dollars of which to be paid at the $50 to be paid at time the recruit is enlisted, fifty dollars when he shall be mus- ^lt«™.of en,i4t- tered and have joined some military corps for service, and twenty-four dollars when he shall be discharged from service; and the wife and children, and, if he leave no wife or children, The wife and chii- the parents of .such non-commissioned officer and soldier, en-ifre"h°er reecPu-te"^ listed as hereinbefore stated, who may be killed in action, or ^atwed^t" die in the service of the United States, shall be allowed and paid the sum of twenty-four dollars; and after the said first After the lst Feb. day of February next, so much of the fourth section of the 1lh8e14^°5™tuicon 5 act, entitled "An act for the more perfect organization of thethe^aa»«nJjj°™jj» army of the United States,"f passed the twentieth day of Jan- ofVaT'Ttc/"" uary, one thousand eight hundred and thirteen, as allows toPea,edl each able bodied man enlisted into the service of the United States, in the manner therein stated, an advance of twenty-four dollars on account of his pay, shall be, and the same is hereby, repealed. Sec 2. And be it farther enacted, That the sum of eight $s to be paid to any dollars shall be paid to any non-cornmissioned officer, soldier, who procures an or citizen, who shall, after "the first day of February next, fur- bf J°*:,%T t0 nish and procure to be enlisted, according to law, an able bodied man, to serve for the term of five years, or during the war. Sec 3. And be it further enacted, That every non-com- Non-commissioned missioned officer, musician, and private, who has been recruited ete?"nii.teTunder in the regular army of the United States, under the authority j£yM£^Kfc of the act of the eighth of April, one thousand eight hun- for5years,orduri»g dred and twelve, entitled "An act in addition to the act, enti- tled 'An act to raise an additional military force, passed Jan- uary eleventh, one thousand eight hundred and twelve,' "| may be re-enlisted for the term of five years, or during the war; and that every non-commissioned officer, musician, and pri- vate, recruited under authority of the act of the twenty-ninth of • This act is superseded by that of 3d March, 1815, chapter 100, except so far as would affect the lights vested by the lst section. f See chapter 80. t See chapter 65. 170 January, one thousand eight hundred and thirteen, entitled "An act in addition to the act, entitled 'An act to raise an ad- ditional military force, and for other purposes,'"* maybe re-en- listed for five years, or during the wrar. Soldiers re-eniisied Sec 4. And be it farther enacted, That the non-commis- leaioVfentXd'tf sioned officers, musicians, and privates, re-enlisted under the the bounty, etc. authority of the preceding section, shall be entitled to the boun- ty allowed by this act to recruits for five years, or for the war. [Approved, January 27, 1814.] CHAPTER 91. An act authorizing the President of the United States to cause certain regiments therein mentioned to be enlisted for five years, or during the war. The rresident em- Sec 1. Be it enacted by the Senate and House of Represen- ^e enlisted0 foTfivc tatives of the United States of America, in Congress assembled, toTree1mentsfoofr"That tne President of the United States be, and he hereby is, infantry authorized authorized and empowered to cause to be enlisted, for the term to be enlisted for 1 r „ . x . , .i p • p • year, etc. of five years, or during the war, the lourteen regiments of in- fantry wdiich are now by law authorized to be enlisted for the term of one year, or such number of them, or of the troops composing the same, as in his opinion will best promote the public service. Each man enlisted Sec.2. And be it farther enacted, That each man enlisted towed ththea°same under the authority of this act, shall be allowed the same boun- raiistedfo'r's^eTrT ty> m money and land, as is now by law allowed to men enlist- ee. ' ed for five years or during the war; and that the officers, non- officersand soldiers commissioned officers, musicians, and privates, shall receive the to receive the same 1 ai • i_ • x. ] r j. 1_ i*j.i j a pay. clothing, etc. same pay, clothing, subsistence, and forage, to be entitled to the same benefits, be subject to the same rules and regulations, and be placed, in every respect, on the same footing, as the other regular troops of the United States. [Approved, January 28, 1814.] CHAPTER 92. An act to raise three regiments of rinemen.f Not exceeding 3 re- Sec 1. Beit enacted by the Senate and House of Represen- fo^rraisfdfcr'five tatives ofthe United States of America, in Congress assembled, That there be immediately raised such number of regiments of * See chapter 81. f Superseded by the provisions of the act of 3d March, 1815, chapter 100, fixing the peace establishment. 171 riflemen, not exceeding three, as, in the opinion of the Presi- years, 0P daring dent, will best promote the military service, to serve for five years, or during the war, unless sooner discharged. Sec 2. And be it further enacted, That each regiment shall °^nr^°e*B£f consist of one colonel, one lieutenant-colonel, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, one surgeon's mate, one sergeant-major, one quartermaster's ser- geant, two principal musicians, and ten companies. Sec 3. And be it further enacied, That each company shall organization of consist of one captain, one first lieutenant, one second lieutenant,eac one third lieutenant, and one ensign, five sergeants, four cor- porals, two musicians, and ninety privates. Sec 4. And be it further enacted, That each man recruited Each man recruit- under the authority of this act, to be allowed the same bounty, same bounty, etc. in land and money, as is allowed by law to men enlisted for ^7^"etcedfor five years, or during the war; and that the officers, non-com- missioned officers, musicians, and privates, shall receive the same pay, clothing, subsistence, and forage, be entitled to the same provisions for wounds or disabilities, the same benefits 2^0^^^ and allowances, and be placed, in every respect, on the same footing as other footing, as the other regular troops of the United States. Sec 5. And be it further enacted, That each company of ^men°authoTize°df the regiment of riflemen, authorized to be raised by the act of by the act of 12th April twelfth, one thousand eight hundred and eight, shall con-^"'f 90privates?" sist of ninety privates. [Approved, February 10, 1814.] CHAPTER 93. An act for the better organizing, paying, and supplying, the army of the United States.* Sec 1. Be it enacted by the Senate and House of Represen- The ut, ad,and 3d tatives of the United States of America, in Congress assembled, [eersim™ ^formed That the first, second, and third, regiments of artillery be formed into one corps, and into one corps, and organized into twelve battalions, as follows, hatS-ons, «tc. to wit: six lieutenant colonels, six majors, twelve adjutants, twelve quartermasters, and forty-eight companies. Sec 2. And be it further enacted, That each company organization of shall consist of one captain, one first lieutenant, two secondea< lieutenants, one third lieutenant, five sergeants, one quartermas- ter's sergeant, eight corporals, four musicians, and one hundred privates. Sec 3. And be it farther enacted, That the President beThe p^ent authorized to assign one of the two second lieutenants hereby ™&°™* «♦ as- 1 * So much of this act as relates to the organization of battalions and compa- nies of the corps of artillery, is recognised by the act of 3d March, 1815, chapter 100, fixing the peace establishment. The residue may be regarded as superseded by the provisions of that act. 172 sige r« of the two provided for each company, as a conductor of artillery for said as a conductor ofcompany, whose duty it shall be to receipt and account for all artdiery, his duty, ammunition, implements, and cannon furnished by the ordnance department for said company, and to do and perform such other f™ "a^to conduct- servi.ces as the war department may direct; and that, for the ors of aruiiery. performance of these services, they be allowed each ten dollars extra pay per month. in heu ofthe two Sec 4. And be it furtlier enacted, That, in lieu of the two drlg^ons'one re|i- regiments of light dragoons now in service, there shall be orgi.n- hednt&o.be °rgau" ized one regiment, to consist of one colonel, one lieutenant- colonel, two majors, one adjutant, one quartermaster, one sur- geon, two surgeon's mates, one sergeant-major, one quarter- master sergeant, one principal musician, one principal farrier, and eight troops. Organization of gEC< 5. j{nd be it further enacted, That each troop shall con- each troop of light . .*'_•,. ■ ■,. dragoons. sist of one captain, one first lieutenant, one second lieutenant, one third lieutenant, one cornet, five sergeants, eight corporals, one riding master, one master of the sword, two trumpeters or buglers, one farrier, one blacksmith, one saddler, and ninety-six privates. officers of artillery Sec 6. And be it farther enacted, That the officers of the ™yeaiprovWedafor corps of artillery, and the regiment of light artillery, shall, sev- fte ligi.t dragoons, erally, receive the same pay as is now provided by law for the „ ,., , „ light dragoons in the service of the United States ; and the sub- Subalterns of all p J? .' . . . ether corps allowed aiterns of all other corps shall be allowed one ration in addition t^n,r&c°.u '"a ' to the pay authorized by existing laws. soldiers in .he Sec 7 And be it further enacted, That there shall be ..!- corps of sea-fen- fowed, annually, to each non-commissioned officer, musician, cibles allowed an- ' . .J ' ' ' nuaiiy one blanket, and private, in the corps of sea-iencibles, one blanket, one cue knapsack, &c. -x i i r knapsack, and one canteen. The President au- Sec 8. And be it farther enacted, That the President ofthe Ic'ribTthe0quantity United States be, and he hereby is, authorized to prescribe the and kind of cloth- quantity and kind of clothing; to be issued annually to the troops ing to be issued to x , , *1T . , _, ° •' x the troops, &c. of the United States. The officers of the Sec 9. And be it farther enacted, That, from and after the to^rsV^e'etfirst'day of June next, the officers of the army shall be entitled cly f°d ^ade' as*° wau"ers agreeably to grade, as foiiowTs: a major-general, four waiters ; a brigadier-general, three ; a colonel, two ; the physi- cian and surgeon-general, two ; a lieutenant-colonel, major, and hospital surgeon, each, one; the officers of each company, three; every commissioned officer who holds a staff appoint- ment which gives the rank of captain, or any higher grade, one; and to every company officer who commands a separate post or detachment, one ; any law or regulation heretofore exist- ing to the contrary notwithstanding. No officer permit- Sec 10. And be it further enacted, That no officer shall die* "from" the^ne be permitted to employ as a servant any soldier from the line of a'rTaant.etoabet'mau,sd tne army, and that the servants of officers, not exceeding the tered,ke number allowed by the preceding section, shall be mustered with some corps of the army, and that, on the muster-rolls form- ed in consequence thereof, payments shall be made in money to the officers employing thera in lieu of wages, subsistence, 173 and clothing, by the paymasters of the several corps or districts where such servants are mustered, at the rate allowed to pri- vates of infantry, which shall be published to the army annu- ally, by the secretary for the department of war. Sec 11. And be it farther enacted, That the President of The President J; the United States be authorized to appoint so many assistant assistant apotwa- apothecaries as the service may, in his judgment, require; each ™s'!lc- theirpay' of whom shall receive the same pay and emoluments as a regi- mental surgeon's mate. Sec. 12. And be it further enacted, That, from and after Promotions may be the passing of this act, promotions may be made through the wn^'^fVus whole army in its several lines of light artillery, light dragoons, !eTeraIlin-i'8tc- artillery, infantry, and riflemen, respectively; and that the rela- tive rank of officers of the same grade, belonging to regiments or corps already authorized, or which may be engaged to serve for five years, or during the war, be equalized and settled by the war department, agreeably to established rules; and that so much of the act entitled, " An act for the more perfect organ- ization of the army of the United States,"* passed the twenty- sixth of June, one thousand eight hundred and twelve, as comes within the purview and meaning of this act, be, and the same is hereby repealed. Sec 13. And be it farther enacted, That for the purpose of The President au. avoiding unnecessary expenses in the military establishment, ^conso'iHau'de- the President of the'United States be, and he is hereby, autho- ^fSg"'';^ rized, in case of failure in filling the rank and file of any regi- pemumerary offi. ment or regiments, to consolidate such deficient regiment or regiments, and discharge all supernumerary officers : Provided, Proviso; officers That officers so discharged shall be allowed, in addition to the Xw^thretbe mileage already authorized by law, three months' pay to each. ^^'g^7 in ad~ Sec 14. And be it further enacted, That every non-com-Noncommissioned missioned officer and private of the army, or officer, non-com- °fcteh" ^y"*" missioned officer, and private of any militia or volunteer corps, officersand privates in the service of the United States, who has been, or who may teer corps, &c. cap- be, captured by the enemy, shall be entitled to receive, during entitiedVpay,e&c! his captivity, notwithstanding the expiration of his term of ser- £uerins c*PtiTitv> vice, the same pay, subsistence, and allowance, to which he may be entitled whilst in the actual service of the United States: Provided, That nothing herein contained shall be construed to Proviso • nothing entitle any prisoner of war, of the militia, to the pay and com- miiitia prisoners to pensation herein provided, after the date of his parole, other §*[e' otpard" &c! than the travelling expenses allowed by law. Sec 15. And be it further enacted, That the five regiments The five regiments which, by the first section of an act, entitled "An act to amend act mentiouedV be the act in addition to the act, entitled < An act to raise an addi- *d efo^™ tional military force, and for other purposes,' "f were authorizedfiTe yea», &■<••• to be enlisted, at the discretion of the President of the United States, for and during the war, may be enlisted, at the option of the recruit, for five years, or for and during the war, unless * See chapter 76, section 5. f See chapter 86, section 1. 174 sooner discharged, the provisions of the said act to the contrary notwithstanding. The commissary- Sec 16. And be it farther enacted, That the commissary- mjn}mlioyame- general of ordnance may employ in his department, besides chanics, besides blacksmiths and wheelwrights other mechanics, such as the blacksmiths and # # e> l • 1 1 wheelwrights, who public service may require, Avho shall, together with the said &c. ° ' blacksmiths and wheelwrights, be mustered under the general Artificers enlisted denomination of artificers; and such artificers, being hereafter, &cS.eentitieVd to^the or having been heretofore, enlisted to serve for the term of five etching'aHoHierf years, or during the war, shall be entitled to the same annual of the army. allowance of clothing as is or may be provided for the soldiers of the army. Laborers enlisted to Sec 17. And be it farther enacted, That, the laborers who nance department, may be hereafter enlisted to serve in the ordnance department, to'be'entftied' toa for the term of five years, or during the war, shall be entitled mm? &c ^ in to a bounty of twenty-five dollars in money, and the same annual allowance of clothing as is or may be provided for the soldiers of the army. Physician and sur- Sec 18. And be it further enacted, That the physician and feTtoTw^ratkins, surgeon-general of the army be entitled to two rations per day &c- and forage for two horses; and that, in addition to their pay, $15 per month addi-as at present established bylaw, the regimental surgeons and m^taiPsurgeons,sl regimental surgeon's mates be entitled to fifteen dollars per &c- month, each. Aids-de-camp of Sec 19. And be it further enacted, That the aids-de-camp major | lera s, . ^r rnaj0)>genera]s sha]i be taken from the captains and subal- Aids-de-camp of terns of the line; and the aids-de-camp of brigadier-generals brigadier-generals, fj.Qm ^ subaltems Qf the line . &nd ft^ ft shaU not be lawful to take more than one aid-de-camp from a regiment. Sec 20. And be it further enacted, That in no case shall the district paymasters or quartermasters of any grade be taken from the line of the army. officers of the Sec 21. And be it farther enacted, That the officers of the thorkedrbCy°the act volunteer corps, authorized by the act of the twenty-fourth day referred to, entitled 0f February, one thousand eight hundred and fourteen, be en- to promotion in the J ' . O ' line of the army,titled to promotion in the line of the army; and that the Presi- dent of the United States, with the advice and consent of the Senate, be authorized to make all necessary appointments, and to fill all vacancies, which may happen in the same. [Approved, March 30, 1814.] 175 \ CHAPTER 94. An act authorizing an augmentation of the Marine Corps, and for other purposes.* Sec 1. Be it enacted by the Senate and House of Represen- The President ' for the President of the United States, in the recess of the Senate, appoint any officers to appoint all or any of the officers of the navy authorized tiAby^wfelf*' by existing laws; which appointments shall be submitted to the Senate at their next session, for their advice and consent. [Approved, April 16, 1814.] * See chapter 112. f See chapter 116, and 165. 176 CHAPTER 95. An act fixing the salary of the paymaster of the army of the United States, and allowing a sum for the employment of additional clerks in his office, for the year one thousand eight hundred and fourteen, and providing for the appoint- ment of assistant district paymasters.* Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, The paymaster of That, in lieu of the monthly compensation now allowed by the army to receive ' r i /» i tt • i o i an annual salary of law to the paymaster of the army of the United States, he shall receive an annual salary of two thousand dollars, to be paid, quarter yearly, at the treasury of the United States, and to commence on the first day of January last; and that, in ad- dition to the amount already allowed by law for clerk hire, in the office of the paymaster of the army of the United States, there a further sum ai- shall be allowed the further sum of five thousand five hundred torconUngen't"^- ana" forty-seven dollars, for the purpose of employing additional penses in the pay- clerks in, and for contingent expenses of, his office, for the pres- master's office, &c. ' . p • i i ent year, to be paid out of any money in the treasury, not other- wise appropriated. The President and Sec.2. And be it farther enacted, That the President of to6appoint"noTex- the United States be, and he is hereby, authorized, by and with district pTymTstcTs' the advice and consent ofthe Senate, to appoint so many assis- &c- tant district paymasters, not exceeding thirty, as the public ser- .. B . vice may, in his opinion, require: Provided, That the Presi- Proviso; thc Presi- •''..•"" 1111 • a- dent may appoint dent of the United Mates shall have power to appoint any otn- faeVduringtoe«- cer authorized by this act during the recess of the Senate, to cess, &c. ke sut)mitted to them, for their advice and consent, at their next session. The paymaster of Sec 3. And be it farther enacted, That it shall be the duty the army, &c. to 0f the paymaster of the army, under the direction of the war meats of money,&.c. department, to make all disbursements of money within that masters^ &"ctpay department to the district paymasters, and to adjust, state, and exhibit, their several accounts, according to such forms, and within such periods, as shall be prescribed for that purpose by the treasury department. District paymasters Sec 4. And be it further enacted, That, to secure the regu- transmhtotLpTy- lar and punctual payment of the troops, the district paymasters ^'"ccounu^Tnd shall examine and transmit to the paymaster of the army the vouchers for ail dis- accounts and vouchers for all disbursements which have been soon as the first made by them to the troops of the army or district where they made'^with' e'tT shall be stationed, as soon as the first payment shall have been mates, etc. made, and accompany the same with an estimate for the next payment; which accounts and estimates shall be regularly transmitted, that settlements may be made and competent funds rroviso; district & remitted: Provided, also, That the said district and assistant assistant paymasters paymasters shall make payments to the militia in the service of totheamiiiPtaa,when the United States, when required by the secretary of war or the required, &c. paymaster of the army. * Expired by the operation of the 7th section. 177 Sec 5. And be it further enacted, That the assistant dis-Assistant district trict paymaster shall receive the pay and ertforaments of a cap- wwTu^epay0,&c. tain of infantry, and forage for one horse. t£ffi£°ti*' Sec 6. And be it farther enacted, That the district and as-District and assis- sistant district paymasters shall severally give bonds, with good ^tew^gwT and sufficient security, to the United States, for the faithful per- {£"^££^{1* formance of their duties, in such sums as shall be required by rules and articles of the paymaster of the army, under the direction of the war de- *a partment, and shall be subject to the rules and articles of war. Sec 7. And be it further enacted, That this act shall con-Limitation of this tinue in force until the termination of the war in which the*01. United States are now engaged with the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and for one year thereafter, and no longer. [Approved, April 18, 1814.] CHAPTER 96. An act to provide for the collection and preservation of such flags, standards, and colors, as shall have been, or may hereafter be, taken by the land and naval forces of the United States, from their enemies. Sec 1. Be it enacted by the Senate and House of Represen- The secretaries of tatives ofthe United States of America, in Congress assembled, ^teTu, c&ZLfo That the secretaries of the war and navy departments be, and J»e c<>"«*ed and . ■■ iii* i iiiii • transmitted to them they are hereby, directed to cause to be collected and transmit- at the seat of gov- ted to them, at the seat of the government of the United States, ^""tokcnVom^u- all such flags, standards, and colors, as shall have been, or may """**■ hereafter be, taken by the army and navy of the United States, from their enemies. Sec 2. And be it further enacted, That all the flags, stand- Kiags, &c. take* ards, and colors, of the description aforesaid, which are now inSXeredto'the0^ the possession of the departments aforesaid, and such as may ^"ose o'f bTin1" be hereafter transmitted to them, be, with all convenient de-preserved and de- spatch, delivered to the President of the United States, for the played' purpose of being, under his direction, preserved and displayed in such public place as he shall deem proper. Sec 3. And be it farther enacted, That the sum of five $500appropriated hundred dollars be, and the same is hereby appropriated, for(n^P"^*Qf the above purposes, out of any moneys in the treasury, not otherwise appropriated. [Approved, April 18, 1814.] 12 178 CHAPTER 97. An act making further provisions for filling the ranks of the army of the United States.* Sec 1. Be it enacted by the Senate and House of Represen- my raiirt freeC,eef- tatives of the United States of America, in Congress assembled, ■>e*,Tfromi8to5o, That, from and after the passing of this act, each and every &c- commissioned officer who shall be employed in the recruiting service, shall be, and he hereby is, authorized to enlist into the army of the United States, any free, effective, able bodied man, tv,.. enlistment between the ages of eighteen and fifty years; which enlistment binding on persons shavj be absolute and binding upon all persons under the age under 21 years, &c. ii r r C 11 L of twenty-one years, as well as upon persons ot full age, such recruiting officer having complied with all the requisitions of the laws regulating the recruiting service. N«ther bounty nor Sec 2. And be it farther enacted, That it shall not be law- Laorsfn'o'r^"16 ful for any recruiting officer to pay or deliver to a recruit under ^"aft»h4 day» ^e aSe °^ twenty-one years, to be enlisted by virtue of this act, &c- any bounty or clothing, or in any manner restrain him of his liberty, until after the expiration of four days from the time of Minors may recon- his enlistment; and it shall be lawful for the said recruit, at any eWiltoentoiurinl™ time during the said four days, to reconsider and withdraw his few day*, kc. enlistment, and thereupon he shall forthwith be discharged and exonerated from the same. so raueb of the 5th Sec 3. And be it farther enacted, That so much of the fifth L»ttoned, a^«- section of the act, passed the twentieth day of January, one of^^eTC^ thousand eignt hundred and thirteen, entitled "An act supple- r**>-eu- mentary to the act, entitled 'An act for the more perfect organi- zation of the army of the United States,'"f as requires the consent, in writing, of the parent, guardian, or master, to au- thorize the enlistment of persons under the age of twenty-one Previse; in e&«e of years, shall be, and the same is hereby, repealed: Provided, ap-pi^uee,0***11 however, That, in case of the enlistment of any person held to a^rtion of'thft0 service as an apprentice, under the provisions of this act, when- mciey bounty. ever such person, at the time of his enlistment, shall be held by his indenture to serve for any term between two and three years, his master shall be entitled to receive one-half of the money bounty; if held, in like manner, to serve betwTeen one and two years, the master shall be entitled to receive one-third of the money bounty as aforesaid; and if held, in like manner, to serve one year or less, the master shall be entitled to receive one-fourth of the money bounty as aforesaid. -&*».■OB--*ommii" Sec 4. And be it farther enacted, That, in lieu of the tidier kereaftcr bounty of one hundred and sixty acres of land, now allowed feu>dto'»obacrM by law, there shall be allowed to each non-commissioned officer ofiand,inUeu,&c. an(j soldier, hereafter enlisted, when discharged from service, who shall have obtained from the commanding officer of his * Superseded by act of 3d March, 1815, fixing the peace establishment—See chapter 100. f See chapter 80, section 5. 179 company, battalion, or regiment, a certificate that he had faith- fully performed his duty whilst in service, three hundred and twenty acres of land, to be surveyed, laid off, and granted, under the same regulations, and, in every respect, in the manner now prescribed by law: and the widow and children, and if The widow and there be no widow nor child, the parents of every non-commis- renur^thos^he sioned officer and soldier, enlisted according to law, who may ^eserv^'ntitini be killed or die in the service of the United States, shall be en- £ the !aT,ds> bat* titled to receive the three hundred and twenty acres of land as aforesaid; But the same shall not pass to collateral relations, any law heretofore passed to the contrary notwithstanding. S*.c 5. And be it further enacted, That any person subject Persons subject to to militia duty, who shall, according to law, furnish a recruitnhhingarecruitu for the army of the United States, at his own expense, to serve exempted &c w"1'" during the war, shall thereafter be exempt from militia duty during the war; and every recruit, thus furnished, shall be de- livered to some recruiting officer of the United States, who shall immediately grant his receipt for such recruit, to the person e^*, recrujt fur. furnishing him, and shall forthwith report the same to the de- nis.hed> *c- t0 ** . p j i 11 -p - i i delivered to a re- partment ot war, and shall specify in the report the name of cruiting officer,Wh« such person, and his place of residence, as well as the name and° Report'tT'th^ and description of the recruit; whereupon it shall be the duty &cpartmentofT,ar> of the secretary for the department of war to grant to the person furnishing such recruit a certificate of exemption from militia duty during the war, upon calls made upon the authority of the United States, which certificate shall be good and available to all intents and purposes for that object. And every recruit thus Recruits furnished, furnished shall be entitled to the bounty in land, in the same ?*• e.ntitIed, to,th* i .i ... J , . ' . . bounty in Iandr manner, and upon the same conditions, as the other recruits in &c- the army ofthe United States. [Approved, December 10, 1814.} CHAPTER 98. An act directing the staff officers of the army to comply with the requisitions of naval and marine officers, in certain cases. Sec 1. Be it enacted by tlie Senate and House of Represen- officer, of the staff tatives of the United States of America, in Congress assembled, °[dehe0Jlfircmy t0 pr°- That it shall be the duty of the several officers of the staff of «•", and marm*"»T the army of the United States, to provide the officers, seamen, iSj K'o^ and marines, of the navy of the United States, when acting, or Jj* ^m™*** proceeding to act, on shore, in co-operation with the land troops, &c-with «*t*°nsr upon the requisition of the commanding naval or marine officer ^ campe carriages, and apparatus, under such regulations and restrictions relative to their government and number, as, in his judgment, with the approbation of the secretary for the department of war, may be considered necessary. Sec 5. And be it further enacted, That the colonel of the The colonel of ora- ordnance department, or senior officer of that department of any "rder* of to""e^ district, shall execute all orders of the secretary for the depart- ^J of war>&c- ment of war, and, in time of war, the orders of any general, or field officer, commanding any army, garrison, or detachment, for the supply of all arms, ordnance, ammunition, carriages, forges, awl apparatus, for garrison, field, or siege service. Sec 6. And be it further enacted, That the keepers of allK^pe^ of maga- magazines and arsenals shall, quarterly, or oftener, if so directed, returns quarterly, and in such manner as directed by the colonel of the ordnanceor oftener'&t department, make correct returns to the colonel, or senior officer, of the ordnance department, of all ordnance, arms, and ord- nance stores, they may have in charge. Sec 7. And be it further enacted, That the costs of repairs costs of repairs of of damages done to arms, equipments, or implements, in the charged to officer use of the armies of the United States, shall be deducted from?TnhdosetS" oj" the pay of any officer or soldier in whose care or use the ^re=&c- provided, said arms, equipments, or implements, were, when the said damages occurred: Provided, The said damages were occa- sioned by the abuse or negligence of the said officer or soldier. And it is hereby made the duty of every officer commanding officers command- regiments, corps, garrisons, or detachments, to make, once maW^r^ort' of every two months, or oftener if so directed, a written report to ^^^ done *° the colonel of the ordnance department, stating all damages to arms, equipments, or implements, belonging to his command, noting those occasioned by negligence or abuse, and naming the officer or soldier, by whose negligence or abuse the said damages were occasioned. Sec 8. And be it farther enacted, That the colonel of The coionei of the the ordnance department shall make, half yearly, to the war menTto'makThaif department, or oftener, if the secretary for that department £aarrly "JJ^JJjJ shall so direct, a correct report of the officers, and all artificers, &•■;. and laborers, in his department: also, of all ordnance, arms, military stores, implements, and apparatus, of every description, and in such form as the secretary for the department of war shall direct. Sec 9. And be it further enacted, That to insure system Public armories and uniformity in the different public armories, they are hereby {ionof toe ordnance placed under the direction of the ordnance department. And MPmay'SS. the colonel of the ordnance department, under the direction ofli8hd*p°*»;8«. the secretary for the department of war, is hereby authorized to establish depots of arms, ammunition, and ordnance stores, 182 in such parts of the United States, and in such numbers, as may be deemed necessary. The colonel to draw Sec 10. And be it farther enacted, That the colonel of ^uution^'for* toe the ordnance department, under the direction of the secretary ^fnT'etc depart" f°r the department of war, is hereby authorized to draw up a system of regulations for the government of the ordnance de- partment, forms of returns and reports, and for the uniformity of manufactures of all arms, ordnance, ordnance stores, imple- ments, and apparatus, and for the repairing and better preser- vation of the same. jhepay.etc.forof- Sec 11. And be it farther enacted, That the pay, emolu- Sn" "department ments, and allowances, for the officers of the ordnance depart- Aesame as those in ment shall be the same as the pay, emoluments, and allowances, ^4ue artillery etc. ■*■ * . now allowed to officers of similar grades, respectively, in the yayofnasterarmo-artillery of the United States. And that the pay of a master i^ksmitf,emaandr' armorer shall be thirty dollars per month, and one and a half ra- athers. tions per day; of a master carriage-maker, thirty dollars per month, and one and a half rations per day; of a master black- smith, thirty dollars per month, and one and a half rations per day. The pay of armorers, carriage-makers, or blacksmiths, each, sixteen dollars per month, and one and a hall rations per day; the pay of artificers, thirteen dollars per month, one ration per day; and the pay of laborers, nine dollars per month, and one ration per day; and to all of the said workmen, artificers, and -ciothin etc laborers, the same clothing, and other allowances, as are allow- ed to privates of infantry in the army of the United States, ex- cept clothing to the master workmen. The President au- Sec. 12. And be it farther enacted, That the President of the ^ersdof°the ord- United States is hereby authorized to continue in the service, .nance department under this act, all the officers of the ordnance department in ser- vice on the passage of the same, or to transfer them to other corps of the army of the United States. $1,000 per year, for Sec 13. And be it farther enacted, That the colonel of the •eferki,ete. ordnance department, is hereby allowed, at the rate of one thousand dollars per year, for clerks, and such books and sta- tionery as may be necessary to his department. -Tne act of the nth Sec. 14. And be it furtlier enacted, That the act passed .m«is 1812, etc. re- ^ay the fourteenth, one thousand eight hundred and twelve, entitled "An act for the better regulation of the ordnance de- partment," and the sections of any other acts, coming within the purview of any of the sections of this act, be, and the same are hereby, repealed. [Approved, February 8, 1815.] 183 CHAPTER 100. An act fixing the military peace establishment of the United States.* Sec 1. Be it enacted by the Senate and House of Represen- J^$^t*^ tatives of the United States of America, in Congress assembled, consist of not e* That the military peace establishment of the United States shall ^d-«s10>ow"«> consist of such proportions of artillery, infantry, and riflemen, not exceeding, in the whole, ten thousand men, as the President of the United States shall judge proper, and that the corps of n,eh'c0,r0p5b^fr*ei' engineers, as at present established, be retained. tained. Sec 2. And be it farther enacted, That the corps of artil- organization of the lery shall have the same organization as is prescribed by the actseveral armJ" passed the thirtieth of March, one thousand eight hundred and fourteen;! and the regiment of light artillery the same organi- zation as is prescribed by the act passed the twelfth day of April, one thousand eight hundred and eight $ and that each regi- ment of infantry and riflemen shall consist of one colonel, one lieutenant-colonel, one major, one adjutant, one quartermaster, one paymaster, one surgeon, and two surgeon's mates, one ser- geant-major, one quartermaster-sergeant, two principal musi- cians, and ten companies; each company to consist of one cap- tain, one first lieutenant, and one second lieutenant, four ser- geants, four corporals, two musicians, and sixty-eight privates. Sec 3. And be it farther enacted, That there shall be two Two major ge»er- maj or-generals, and four brigadier-generals; the major-gene- ^'^to? "^ rals to be entitled to two aids-de-camp, and the brigadier-gene- rals to one aid-de-camp, each, to be taken from the subalterns of the line; four brigade-inspectors, and four brigade-quarter- masters, and such number of hospital surgeons and surgeon's mates, as the service may require, not exceeding five surgeons and fifteen mates, with one steward and one wardmaster to each hospital. The brigade-inspectors, appointed under this act, Br. ade .bj eetor| shall be taken from the line, and the brigade quartermasters, the from the une, b«- adjutants, regimental quartermasters, and paymasters, from the uts, eto^o»mu£ subalterns of the line. subaltern., «t» Sec 4. And be it farther enacted, That the compensation, compensation, sub- subsistence, and clothing, of the officers, cadets, non-commis- ^t9cte"ce» ••«■*•••*> sioned officers,§ musicians, artificers, and privates, || composing the military peace establishment, shall be the same as are pre- scribed by the act, entitled, " An act fixing the military peace establishment of the United States,"H passed 16th March, one thousand eight hundred and two, and the act, entitled " An act to raise, for a limited time, an additional military force,** passed twelfth of April, one thousand eight hundred and eight; and that the major-generals shall be entitled to the same compensa- * This act, and such intervening acts as relate to organization, (as chapters 103, 115, and 117,) are superseded by the provisions of the act of 2d March, 1821, chapter 128. f Chapter 93. * Chapter 57. § Chapter 140. J Chapter 159. 1 See chapter 49. * * See chapter 57. 184 tion as is provided by an act, entitled, "An act to raise an additional military force,"* passed eleventh January, one thou- sand eight hundred and twelve. The President to Sec. 5. And be it furtlier enacted, That the President of the cause the officers United States cause to be arranged, the officers, non-commis- and soldiers now in.1fY. .. 1 * . /. ,, , r ■errfce, etc. to be sioned officers, musicians, and privates, ot the several corps ot p^r^erarieftobe troops now in the service of the United States, in such a man- di«cWged, etc. ner as ^0 form ail(i complete out of the same the corps autho- rized by this act, and cause the supernumerary officers, non-com- missioned officers, musicians, and privates, to be discharged from the service of the United States, from and after the first day of May next, or as soon as circumstances may permit. Three months'pay Sec 6. And be it furtlier enacted, That to each commis- additionai to each sioned officer, wfio shall be deranged by virtue of this act, there commissioned offi- .... 111 , • i • i i- • i ji cer deranged, etc. shall be allowed and paid, in addition to the pay and emolu- ments to which they will be entitled by law at the time of his discharge, three months' pay. The several corps Sec 7. And be it farther enacted, That the several corps rtieta'nd^ticL^f authorized by this act, shall be subject to the rules and articles w«r; and the offi- 0f war, be recruited in the same manner, and with the same cers and soldiers to . / • • i /v be entided to the limitations; and that officers, non-commissioned officers, musi- ^mdPs™rtc.°ben'er cians, and privates, shall be entitled to the same provision for LUautooriMdebyethe wounds and disabilities, the same provision for widows and »ct mentioned. children, and the same benefits and allowances in every re- spect, not inconsistent with the provisions of this act, as are authorized by the act of sixteenth March, one thousand eight hundred and two, entitled " An act fixing the military peace establishment of the United States,"! and the act of the twelfth April, one thousand eight hundred and eight, entitled "An act to raise, for a limited time, an additional military force:"% and that the bounty to the recruit, and compensation to the re- cruiting officer, shall be the same as are allowed by the afore- said act of the twelfth of April, one thousand eight hundred and eight. § [Approved, March 3, 1815.] CHAPTER 101. An act making further provision for military services during the late war, and for other purposes. widows and ehii- Sec 1. Be it enacted by the Senate and House of Represcn- fowleM °who"died tatives of the United States of America, in Congress assembled, i« service during the That, when any officer or private soldier of the militia, inclu- '°r ding rangers, sea fencibles, and volunteers, or any non-com- * See chapter 65. f See chapter 49. $ See chapter 57. § Term of enlistment altered, and bounty to "recruits, and premium to officers, discontinued by chapter 159. 185 missioned officer, musician, or private, enlisted for either of the wounds received c •■i,,i ] m while in service, to terms ot one year or eighteen months, or any commissioned om- receive half pay for cer of the regular army, shall have died while in the service offive years' the United States, during the late war, or in returning to his place of residence, after being mustered out of service, or who shall have died at any time thereafter, in consequence of wounds received whilst in the service, and shall have left 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; and, in case of death or intermarriage of such widow if the widow di«s before the expiration of said five years, the half pay for the re-pa-TgJeTto the mainder of the time shall go to the child or children of the saidchUdren- decedent: Provided always, That the secretary of war shall Proviso;a»tofoms adopt such forms of evidence in applications under this act as ° the President of the United States may prescribe: Provided also, That the officers and private soldiers ofthe militia, as p™vi;?;a°effi"frs aforesaid, who have been disabled by wounds or otherwise, miiitia disabled by while in the service of the United States, in the discharge of placed on*the p«n- their duty during the late war, shall be placed on the list 0f*a°nlistlikeree*- pensioners in the same manner as the officers and soldiers of the regular army, under such forms of evidence as the President of the United States may prescribe : Provided also, That the pro- proviso; the pro- visions of this act shall not extend to any person embraced in nouoLtendto-xr- the provisions of an act, entitled "An act to provide for the80n3 embraced by . . r , . „ '.,. . „ . . „ .,.r. ,. , , , . the act of 2d A«- widows and orphans ot militia slain, and for militia disabled, in Sust,i8i3. the service of the United States," passed the second day of August, one thousand eight hundred and thirteen. Sec 2. And be it further enacted, That when any non-com- The g«iar.,lians ,ef */.. .' ... J . non-eommissionea missioned officer, musician, or pnvate soldier, of the regular officers and soldier*, army of the United States, shall have been killed in battle, or ed to battle, or died have died of wounds or disease, while in the service of the ^i^Ta"'^^ United States, durinp; the late war, and have left a child or !il,<.1uish,tbebo"nty i-ii i ■ p -lull pip i land, and receive children under sixteen years of age, it shall be lawful for the the half monthly guardian of such child or children, within one year from the ray or T€ y**"' passing of this act,* to relinquish the bounty land to which such non-commissioned officer, musician, or private soldier, had he survived the war, would have been entitled; and in lieu there- of, to receive half the monthly pay to which such deceased per- son was entitled at the time of his death, for and during the term of five years, to be computed from and after the seven- teenth day of February, one thousand eight hundred and fif- teen; the payment thereof to be made when and where other military pensions are or shall be paid; and where a warrant for where a warra»t the military bounty land aforesaid shall have been issued, to or SS^'iSSffi for the use of the child or children of any such deceased non-il* commissioned officer, musician, or private soldier, such child * Time extended by subsequent arts—See chapter 111, section 3, and chapter 123. 186 or children, or either of them, being under sixteen years of age, it shall be lawful for the guardian of such minor or minors, to surrender and deliver such warrant into the office for the de- Notiee ofsurrender partment of war, within one year from the passing of this act; toetreMu^w'ifoisf of w'hich surrender and delivery, the secretary of that depart- tnei'Iif °aders f°r ment shall give notice to the secretary of the treasury, who shall thereupon give the requisite orders for the payment of the half pay hereby provided for. soldiers who enlist- Sec 3. And be it further enacted, That all soldiers who yL's oVdw-tog toe have been enlisted to serve for five years or during the war, under wTavin or and were above the age of forty-five, or under the age of eigh- faithfuiiy'served teen years, who have faithfully served during the late war, and di'scha^g'ed'^orbe'en have been regularly discharged, and the representatives of such ?.ue7t^ar,(ibounty soldiers as shall have died whilst in the service of the United e»u>stoi1°s,otermof^^es' anc^ a^ soldiers wh° have been enlisted, and have faith- fully served during the late war, until they have been promoted to the rank of commissioned officers, who, if they had served during the war, under their enlistment, and been regularly dis- charged, would have been entitled to a bounty in land, shall be entitled to one hundred and sixty or three hundred and twenty acres of land, according .to the term of enlistment; the Warrants and pat- warrants and patents to issue in the same manner as in the case issue, etc. 0f soidiers enlisted of proper age, and discharged under similar circumstances. The President to Sec 4. And be it furtlier enacted, That, for the purpose cause 2,000,000 of r ., . .•' r _,, . . ■ . pr x J ..if i. acres additional, to ot carrying the provisions of this act into effect, and other acts offfoVtn'e'pMposel giymg bounty lands to soldiers of the regular army, the Presi- •f this act. dent of the United States is hereby authorized to cause to be surveyed and laid off in one or more surveys, two millions of acres, not otherwise appropriated, in addition to the appropria- tions of lands by the act of May the sixth, one thousand eight hundred and twelve, for designating, surveying, and granting, military bounty lands according to the provisions of said act.* Wo transfer of Sec.5. And be it further enacted, That no transfer of land, until aftw the issue granted in virtue of this or any other law, giving bounties of pateub'toThe'pe'r! land to the non-commissioned officers, musicians, and privates, »»•<• entitled. enlisted during the late war, shall be valid, uniess the contract or agreement therefor, or letter of attorney, giving power to sell or convey, shall have been executed after the patents shall be issued and delivered to the persons entitled thereto. [Approved, April 16, 1816.] * S«e chapter 72. 187 CHAPTER 102. An act to increase the pensions of invalids in certain cases; for the relief of in- valids of the militia; and for the appointment of pension agents in those states where there is no commissioner of loans. Sec 1. Be it enacted by the Senate and House of R.epresen- persons of the»ani<3 tatives of the United States of America, in Congress assembled, p^on^u^e'to That all persons of the ranks hereinafter named, who are now receive for thehigh- x . . ' i ii r est degree of ais- on the military pension roll of the United States, shall, from abilities, the sums and after the passage of this act, be entitled to, and receive, for "*"l™ £J£ tatives of the United States of America, in Congress assembled, \m°, witk rt»pe«t * The organization here given to the staff, is materially modified by act of 14th April, 1818, chapter 115, which, with so much of this act as refers to organization, may be considered superseded by that of 2d March, 1821, chapter 128. 188 «o the general staff, That, in addition to the act providing for a military peace es- etc. e*tabhshed> tabiishment,* the provisions of the act of March third, one thousand eight hundred and thirteen,! for the better organiza- tion of the general staff, be, and the same are hereby, so far es- tablished, that the general staff shall, in future, consist of one adjutant and inspector-general of the army, and one adjutant- general, one inspector-general, three topographical engineers, and one quartermaster-general, with one deputy quartermaster- general to a division; and an assistant of each to every brigade, which shall supersede the brigade-quartermasters and inspectors now existing; and that the apothecary-general, as heretofore authorized, be allowed two assistant apothecaries. Medical staff ex- Sec 2. And be it farther enacted, That the medical staff shall be so extended, that there shall be four hospital surgeons, and eight hospital surgeon's mates, to each division, with as many post surgeons as the service may require, not exceeding twelve to each division; who shall receive the same pay and emoluments as hospital surgeon's mates ; and that there be three Three>dge-advo-judge-advocates to each division, and one chaplain to each bri- and a chaplain to gade of the army, who shall receive the pay and emoluments of each brigade. major, as heretofore allowed. Pay department to Sec 3. And be it farther enacted, That the pay department teT'enera^tTa ^^ consist of one paymaster-general of the army, with the salaryOf$2,5ooper annual salary of two thousand five hundred dollars; and that, , in addition to regimental paymasters, there be appointed one Battalion paymas- paymaster to each battalion of the corps of artillery, who, as arQie0^6 eorpsofwell as the regimental paymasters, in addition to the regular and punctual payment of their respective regiments or corps, shall discharge the duties of district paymasters, within such district as shall, from time to time, be assigned them by the paymaster-general, under the direction of the secretary of war: Proviso; the:Presi- Provided, That regimental and battalion paymasters may p^ymattwrfrom* * be taken either from the subalterns of the army or citizens, Zmiorncit^ns.e and appointed by the President of the United States : Provided, Proviso; paymas- also, That regimental and battalion paymasters shall receive p^y & emoluments the pay and emoluments of major, and shall each be allowed a <»f a major, and ai-capabie non-commissioned officer as clerk, who, while so em- Jowed a non-com- , , , „ -jii ii , missioned officer as ployed, shall receive double pay, and the actual expense of a c" 'e ( transportation while travelling under orders in the discharge of his duty. Paymasters to pay Sec 4. And be it farther enacted, That it shall be the aa^the regular juty qp fa regimental and battalion paymasters to pay all the regular troops; and, to insure punctuality and responsibility, correct reports to correct reports shall be made to the paymaster-general once in e^ronce^inTwo two months, showing the disposition ofthe funds previously »onth>, etc. transmitted, with accurate estimates for the next payment of such regiment, garrison, or department, as may have been as- tofton!mitf!"e1st'i?signed to each; and whenever any paymaster shall fail to ■»t«», or neglecting transmit such estimate, or neglect to render his vouchers to * See chapter 100. f See chapter 84. 189 the paymaster-generalfor settlement of his accounts, more than £/^;°f£ six months after receiving funds, he shall be recalled, and receiving fund*,ar* , ..... ,D * to be recalled, etc. another appointed m his place. Sec 5. And be it further enacted, That the purchasing de-Purchasing depart- ,. ,, . xf . . t r v. ment to consist of a partment shall consist of one commissary-general ol purchases, Commi6sary-gen- as heretofore authorized, with the annual salary of three thousand %£2fX&£& dollars, and one deputy commissary to each division, with the ^;0m^slof^ annual salary of two thousand dollars, and six assistant Com-sues; and military missaries of issues, with the annual salary of one thousandstorekeeper8, three hundred dollars; and as many military storekeepers as the service may require, whose salaries shall be regulated by the secretary of war, according to the duty they may perform: Pro- vided, That the pay and emoluments shall not exceed that of a captain of infantry. Sec 6. And be it farther enacted, That all officers of the office™ of ^m, pay, commissary, and quartermaster's department, shall, pre-quartermaster's de- vious to their entering on the duties of their respective offices, Cen"' t°s"° give good and sufficient bonds to the United States, fully to ac- count for all moneys and public property which they may re- ceive, in such sums as the secretary of war shall direct. And Paymasters, c»m- ' . . , J . i ,, , i • , mHsanes,and store- all paymasters, commissanes, and storekeepers, shall be subject keepers, subject to to the rules and articles of war, in the same manner as com- &£$£*"' missioned officers: Provided also, That all officers of the payfh7p^;an°dffi^s.of and commissary's departments be submitted to the Senate for missary's depart- ..i ,i a- e it. ments, to be sub- their confirmation, in the same manner as the officers ot the raiued to the sen- ate. army. Sec 7. And be it further enacted, That the President of The President t^ the United States be, and he hereby is, authorized to prescribe S^l"d kma of**" the quantity and kind of clothing, to be issued annually to the clolhine- troops ofthe United States: Provided, That whenever more Proviso; when than the authorized quantity is required, the value of the extra JhorLd^uantity"^ articles shall be deducted from the soldiers' pay; and, in like^^t**' manner, the soldiers shall receive pay according to the annual de£u££d fromet*e estimated value for such authorized articles of uniform as shall not have been issued to him in each year: Provided also, That proviso; the man- the manner of issuing and accounting for clothing, shall be f""t"^"1 «tab- established in the general regulations of the war department. Jijfjrj*11"'1 Sec 8. And be it farther enacted, That in all cases where where asoidierhw a soldier of the regular army shall have been discharged from sJ^iKrVf.lioth- the service of the United States, and clothing shall be due to^ym-J°^ said soldier, it shall be the duty of the paymaster-general toy^ause.ttobe cause the same to be paid for, according to the price paid in the seventh section of this act. Sec 9. And be it further enacted, That the several offi-officers of the suit • 1 1 &T"C to T6CC1TG DftV cers of the staff shall, respectively, receive the pay and emolu- ^j emoluments, ments, and retain all the privileges, secured to the staff of Aeg^^.jji army, by the act of March third, one thousand eight hundred •etofMMtrcl, and thirteen,! and not incompatible with the provisions of this act: and that the regulations in force before the reduction ofRegnWionsin tha * See chapter 131, sections 2 and 3. f See chapter 84. 190 force prior to the the army, be recognized, as far as the same shall be found ap- Lyr^gnuld'-wwplicable to the service; subject, however, to such alterations as ject, etc. fa secretary of war may adopt, with the approbation of the President. officers of the staff Sec ^' And be it further enacted, That the officers of the enumerated in this staff, provisionally retained by the President, and in this act act, to be recognized . t i i i • j • in service; and gar-enumerated and made permanent, be recognized in service mSestoIbee°cI'o8nsaidd under this act, and that the garrison surgeons and mates be ered post surgeons, hereafter considered as post surgeons; and hereafter the staff Stoir from the line of the army may be taken from the line of the army, or from or citizens. CitiZenS. Ordnance depart- Sec 11. And be it further enacted, That the ordnance oT°niadbyUacdt of^ePartment he continued, as at present organized under the act 8th Feb. 1815. of February eighth, one thousand eight hundred and fifteen, and that ordnance officers be assigned to their duties with the Ordnance officers to ./»•/.., ... ■ o be aligned to duties start of the army, in the same manner as from the corps of with tie staff, etc. engmeers# Ei«ht dollars per Sec 12. And be it further enacted, That when forage is month, for forage, not drawn in kind by officers of the army entitled thereto, eight when not drawn, , p ii i for each horse. dollars per month, for each horse, not exceeding the number authorized by existing regulations, shall be allowed in lieu Proviso; neither thereof: Provided, That neither forage nor money shall be «et|t "for horse's drawn by officers, but for horses actually kept by them in ser- ProvSo-Vonl'^ut^06* Provided also, That none, except company officers, shall company officers to be allowed to take as servants or waiters soldiers of the army; servants. and that all officers be allowed, for each private servant actually kept in service, not exceeding the number authorized by exist- Pay, rations, and ing regulations, the pay, rations, and clothing, of a private ^wh^privatesoldier, or money in lieu thereof, on a certificate, setting forth ^htxV'Je m°ney *he name and description of the servant or servants, in the pay Froviso-, a» addi- account: Provided also, That one additional ration be allowed bau^'of' toesu"t0 a11 subaltern officers of the army. arB*y- [Approved, April 24, 1816.} CHAPTER 104. An act to proyide for cases of lost military land warrants, and discharges for faithful services. Sec I. Beit enacted by the Senate and House of Representa- 0^™^*^ ^ves °f *he United States of America, in Congress assembled, and io»t them, etc. That when any soldier of the regular army, having obtained a P^oof ofVefocTtomilitary land warrant, shall have lost, or shall hereafter lose, wiV, T"entiled to the same, or the said warrant shall have been, or may be, by patents. accident, destroyed, every such soldier shall, upon proof thereof, to the satisfaction of the secretary of war, be entitled to a patent, in like manner as if the said warrant was produced. to Ae satiSctTon Sec 2. And be it further enacted, That in all cases of SeUiers of the re- 191 discharges from .the military service of the United States, of of the secretary any soldier of the regular army, when it shall appear to the sa- cates o? faithful tisfaction of the secretary of war that a certificate of faithful #£&££LTmii- services has been omitted by the neglect of the discharging: of- [tary service, have . . J o °1t,I been omitted by ficer, by misconstruction of the law, or by any other neglect or neglect, miscon- casualty, such omission shall not prevent the issuing of the aity'tiTomLtoTis warrant and patent as in other cases. And when it shall he?°^g§iy™^* proved, as aforesaid, that any soldier of the regular army has»»«patents. lost his discharge and certificate of faithful service, the secretary Uponofrro°[Bc0hf^ of war shall cause such papers to be furnished such soldier of and certificate, the the regular army as will entitle him to his land warrant and pat- to° farnfsh peer's* ent: Provided, Such measure be justified by the time of hisetc- . enlistment, the period of service, and the report of some officer su^Tbe jMtineTuy of the corps to which he was attached. • m^Ttc?' '"**" [Approved, April 27, 1816.] CHAPTER 105. An act concerning the annual sum appropriated for arming and equipping the militia.* Sec 1. Be it enacted by the Senate and House of Represen- The sum of $200, tatives of the United States of America, in Congress assembled,™ms f^for'to! That the annual sum of two hundred thousand dollars, as ap- m*iitia> to *>e i»>d , r , r ... , ... .r out ot any moneys propriated for the purpose of providing arms and military equip- *n the treasury, not ments for the militia, either by purchase or manufacture, ac- printed.'" appr.at suchcom- tablished, a skilful assistant, wdiose compensation shall be suchfhTnk'pro^r*™** as the President of the United States shall think proper, not exceedinS' &c- exceeding the allowance to the chief officer of that corps. [Approved, April 29, 1816.] CHAPTER 109. An act to provide for the prompt settlement of public accounts.! Sec 1. Be it enacted by the Senate and House of Represen- Accountants' offices tatives ofthe United States of America, in Congress assembled, °fthe war and navy That, from and after the third day of March the offices of ac-offic^Ts^m* ♦Chapter 64. fChapter 65. ^Repealed, by chapter 156. || This act prescribes the duties, and indicates the powers, of those charged with the settlement of public accounts; and may, therefore, be useful to a portion of the officers of the army, whose duties relate to the disbursement of the public money. 194 tendcnt general of countant and additional accountant of the department of wrar, rboiishedS.uppl1"' the office of accountant of the navy, and the office of superin- tendent general of military supplies, be, and they are hereby, abolished. ah accounts to be Sec 2. And be it farther enacted, That, from and after the ury department,035" said third day of March next, all claims and demands whatever, after 3d March, by the United States or against them, and all accounts what- ever, in which the United States are concerned either as debtors or as creditors, shall be settled and adjusted in the treasury de- partment. Four aud.tors and Sec 3. And be it farther enacted, That, from and after the d°t1oCnai,Pin0thT * third day of March next, in addition to the officers in the treas- treasury depart- ury depar*tment, already established by law, there shall be the following officers, namely: four auditors and one comptroller. Duty ofthe first Sec 4. And be it farther enacted, That it shall be the duty of the first auditor to receive all accounts accruing in the treas- ury department, and, after examination, to certify the balance, and transmit the accounts, with the vouchers and certificate, to the first comptroller, for his decision thereon; that it shall be Duty of the second fa duty of the second auditor to receive all accounts relative to the pay .and clothing of the army, the subsistence of officers, bounties, and premiums, military and hospital stores, and the contingent expenses of the war department; that it shall be the Duty ofthe third duty of the third auditor to receive all accounts relative to the subsistence of the army, the quartermaster's department, and generally, all accounts of the war department other than those Duty ofthe fourth provided for; and it shall be the duty of the fourth auditor to auditor. receive all accounts accruing in the navy department, or relative thereto; and the second, third, and fourth, auditors aforesaid, shall examine the accounts respectively, and certify the balance, and transmit the accounts, with the vouchers and certificate, to the second comptroller, for his decision thereon; and it shall be Duty ofthe fifth the duty of the fifth auditor to receive all accounts accruing in, auditor. Qr reja^jve t0, the department of state, the general post office, and those arising out of Indian affairs, and examine the same, and thereafter certify the balance, and transmit the accounts, with the vouchers and certificate, to the first comptroller, for his Provisoes to the decision thereon: Provided, That the President of the United ditfo^acw^nta^t. States may assign to the second or third auditor the settlement of the accounts which are now confided to the additional ac- countant of the war department. Further duties of Sec 5. And be it further enacted, That it shall be the duty of the auditors, charged with the examination of the accounts of the war and navy departments, to keep all accounts of the receipts and expenditures of the public money in regard to those departments, and of all debts due to the United States on moneys advanced relative to those departments; to receive from the second comptroller the accounts which shall have been finally adjusted, and to preserve such accounts, with their vouchers and certificates, and to record all warrants drawn by the secretaries of those departments, the examination of the 195 accounts which has been assigned to them by the preceding section. And it shall be the duty of the said auditors to make such reports on the business assigned to them, as the secretaries of the war and navy departments may deem necessary, and re- quire, for the services of those departments. Sec 6. And be it further enacted, That, the said auditors, Auditors to report shall annually, on the first Monday in November, report to the the treasuryUay ° secretary of the treasury the application of the money appro- priated for the military and naval departments for the preceding year, which shall be laid before Congress, by him, with the an- nual statement 6f the public expenditure. Sec 7. And be it farther enacted, That the treasurer of the The treasurer to United States shall disburse all such moneys as shall have been ordered for ow°2E previously ordered for the use of the war and navy departments de'artnTentf^T^ by warrants from the treasury, which disbursements shall be made pursuant to warrants drawn by the secretary of the war and navy departments, respectively, countersigned by the second comptroller, and registered by the auditors respectively. Sec 8. And be it farther enacted, That, it shall be the duty nuty of the first of the first comptroller to examine all accounts settled by the comPtroller' first and fifth auditors, and certify the balances arising thereon to the register; to countersign all warrants drawn by the secre- tary of the treasury, which shall be warranted by law; to re- port to the secretary the official forms to be issued in the differ- ent offices for collecting the public revenue, and the manner and form of keeping and stating the accounts of the several persons employed therein; he shall also superintend the pre- servation of the public accounts, subject to his revision, and provide for the regular payment of all moneys which may be collected. Sec 9. And be it farther enacted, That it shall be the Duty of the second duty of the second comptroller to examine all accounts settled e<""PUo,ler' by the second, third, and fourth, auditors, and certify the bal- ances arising thereon, to the secretary ofthe department in which the expenditure has been incurred; to countersign all warrants drawn by the secretaries of the war and navy departments, which shall be warranted by law; to report to the said secre- taries the official forms to be issued in the different offices for disbursing the public money in those departments, and the manner and form of keeping and stating the accounts of the persons employed therein; and it shall also be his duty to su- perintend the preservation of the public accounts subject to his revision. Sec 10. And be it further enacted, That, it shall be the First comptroller to duty of the first comptroller to superintend the recovery of all cX^TX^ debts to the United States; to direct suits and legal proceed-etc* ings, and to take all such measures, as may be authorized by the laws, to enforce prompt payment of all debts to the United States.* * See chapter 127, section 1. 196 The provision con- Sec 11. And be it farther enacted, That the provision stcuioftoTaet"^ contained in the second section of the act, passed the third of erte^dainhre179d March, one thousand seven hundred and ninety-seven, entitled to the accounts of "An act to provide more effectually for the settlement of ac- depaHmen^fc?7 counts between the United States and receivers of public mo- ney," which directs that in every case where suits have been, or shall be, instituted, a transcript from the books and proceed- ings of the treasury, certified by the register, shall be admitted as evidence, be extended, in regard to the accounts of the war and navy departments, to the auditors respectively charged with the examination of those accounts, and that certificates, signed by them, shall be of the same effect as that directed to be signed by the register. Auditors empower- Sec 12. And be it farther enacted, That the auditors of oathstoetc.dminister the public accounts shall be empowered to administer oaths or affirmations to witnesses, in any case in which they may deem it necessary for the due examination of the accounts with which they shall be charged. secretary of the Sec 13. And be it farther enacted, That it shall be the a"X7s o^ThTex-^uty °f the secretary of the treasury to cause all accounts of penditure of public the expenditure of public money to be settled within the year, money, to be settled x, it p.ii l i i • within the year, except where the distance 01 the places where such expendi- excePt,etc. turg occurs may ^g sucj1 as to make further time necessary; and, in respect to expenditure at such places, the secretary of the treasury, with the assent of the President, shall establish Firstcomptroiierto fixed periods at which a settlement shall be required.* And it a?nSaH0reaTsfoefs' shall be the duty of the first comptroller to lay before Congress, officers failing to annually, during the first week of their session, a list of such ac.e ' officers as shall have failed in that year to make the settlement required by law. The com tmiier to Sec 14. And be it farther enacted, That, in the annual distinguish between statement of all accounts On which balances appear to have been due more than three years, which the comptroller is now requir- ed by law to make, he shall hereafter distinguish those accounts, the balances appearing on which shall, in his opinion, be owing to difficulties of form, which he may think it equitable shall be removed by an act of Congress; and where the debtors, by comptroller not re- whom such balances shall have been due more than three years, Sees10 where6 shall be insolvent, and have been reported to Congress for three debtors have been successive years as insolvent, the comptroller shall not be re- ™gPucceessivenyeaH? quired in such case to continue to include such balances in the statement abovementioned. salary of the second Sec. 15. And be it farther enacted, That the salary of the comptroller & audi- comptroller, appointed by virtue of this act, shall be three tors, {tf.j.OOO, per Jr ? xxr */ pi t i annum.' thousand dollars per annum, and that of the auditors, each, three thousand dollars per annum. Letters, etc.to and Sec 16. And be it farther enacted, That all letters and from the second packaees, to and from the comptrollers and auditors herein be- comptroller & audi- X? ° . , i i p p i.i tors, free. fore mentioned, be conveyed free of postage, under the same * See chapter 131, section 2. 197 regulations that are provided by law for other officers of gov- secretary of the ~ , xr n i • 1 i_ iU treasury to assign eminent; and the secretary of the treasury is hereby autho-cierkhire,etc. rized to assign the several sums appropriated for clerk hire in the offices of the accountant, additional accountant, superinten- dent general of military supplies, and accountant of the navy, to the officers hereby created, to wdiich their respective duties shall be assigned. [Approved, March 3, 1817.] CHAPTER 110. An act supplementary to an act, entitled "An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy, Departments." Sec 1. Be it enacted by the Senate and House of Representa- The President re- lives of the United States of America, in Congress assembled, ing transfe?rof"ap- That nothing contained in the act of the third March, one fpTfi^bjeTu to thousand eight hundred and nine, entitled "An act further toany°ther- amend the several acts for the establishment and regulation of the treasury, war, and navy, departments," shall be construed to authorize the President of the United States to direct any sum appropriated to fortifications, arsenals, armories, custom- houses, docks, navy yards, or buildings of any sort, or to mu- nitions of war, or to the pay of the army or navy, to be applied to any other object of public expenditure.* [Approved, March 3, 1817.] CHAPTER 111. An act to amend an act, entitled, " An act making further provision for military services during the late war, and for other purposes."f Sec 1. Be it enacted by the Senate and House of Represen- widows and chii- tatives of the United States of America, in Congress assembled, miunf, voiun'teerf That the widows and children of soldiers of the militia, the Janse"' a"d se»-' i ii i fenclD,es* etc. volunteers, the rangers, and the sea fencibles, who served placed on an equai- during the late war, and for whom half pay for five years was1 y provided, by an act passed on the sixteenth day of April, one thousand eight hundred and sixteen, entitled " An act making * By the provisions of the act of 1809, here referred to, which it was not fore- seen would be called for, and which are, therefore, not included in the extract that constitutes chapter 60, the President is authorized, in the recess of Congress, on the application of a secretary of a department, to direct, that a portion of the moneys appropriated for a particular branch of expenditure in that department, be applied to another branch of expenditure in the same department. These pro- visions are further modified by chapter 124. fFor original act, see chapter 101. 198 further provision for military services during the late war, and for other purposes," shall be placed on an equality as to Rate of annual ai-their annual allowance, that is to say: Such widows, and in case of no widow, such children, as may be embraced in the before-recited act, shall be entitled to receive, (as the half pay to which they are entitled,) at the rate of forty-eight dollars per annum, and no more; and thc widows and children afore- said, of the officers of the different corps aforesaid, shall be entitled to the half pay of the officers of the infantry. Provisions of the Sec 2. And be it farther enacted, That the provisions con- tary^eafe^stab-11"tained in an act, entitled "An act fixing the military peace iishment,of 3d establishment of the United States,"* passed on the third of March, lolo, con- . 1 p p • i ceming additional March, one thousand eight hundred and fifteen, granting to the pay, extended to .'.-,„, p ,1 i i 1 l Wagon-masters, etc. commissioned officers of the regular army, who were deranged by said act, three months' pay in addition to the pay and emolu- ments to which they were entitled by law at the time of their discharge, shall equally extend to wagon-masters, forage-mas- ters, barrack-masters, and other warrant officers of the staff of the regular army, who were deranged by the before-recited act, except those provisionally retained by the President of the United States. Further time to Sec 3. And be it farther enacted, That the further time Hnqui'hmento? of two years shall be allowed to the guardians of the minor bounty lands, etc. ^1^^ 0f deceased soldiers, to relinquish their claims to bounty lands for five years' half pay, according to the second section of the before-recited act, to which this is a supplement, passed the sixteenth dqy of April, one thousand eight hundred and sixteen.f widows and chii- Sec 4. And be it further enacted, That the widows and misSoned°offic0ers of children of the non-commissioned officers of the rangers, shall the rangers, etc. ^e pjace(j on the same footing as to half pay, for five years, with the widows and children of the infantry. revisions of the 2d Sec 5. And be it farther enacted, That the provisions of \%Tkvl\.^\m,oi the second section of the act to which this is a supplement, extended,etc. sna]] ^ an(j the same are hereby, extended to all cases where either of the children therein mentioned shall have been under Proviso; as to as- sixteen years of age at the time of the father's decease : Provid- sentof other heirs. e^ rj,*^ gUarc[ian 0f snc\t minoi children shall, in addition to the relinquishment by said act required, file, in the office of the department of war, evidence of the assent of all the other heirs, if any there be, of said deceased soldier, or of their guaidians, to such relinquishment. Relinquishment of Sec 6. And be it furtlier enacted, That in all cases where entities^d'reiTol-the child or children of a regular soldier, deceased, have the four'doiiar^pc" t0 right, under the laws of the United States, to relinquish their month. bounty in land for five years' half pay, the said child or chil- dren shall be entitled to the same amount as is given by the *Sec chapter 100. j-The time allowed to relinquish claims to bounty lands, is further extended for three years, by act of 3d March, 1819, chapter 123. 199 act to the widows of the militia soldiers who died in service during the late war, viz: four dollars per month. [Approved, M*rch 3, 1817.] CHAPTER 112. An act to fix the Peace Establishment of the Jvlarinc Corps. Sec 1. Be it enacted by the Senate and House of Represen- Number of officers, tatives of the United States of America, in Congress assembled, ™tes?ians'a" pn That the peace establishment of the marine corps shall consist of the followirig officers, non-commissioned officers, musicians, and privates, viz: one lieutenant-colonel commandant, nine captains, twenty-four first lieutenants, sixteen second lieutenants, one adjutant and inspector, one paymaster, and one quarter- master, to be taken from the said captains and lieutenants, seventy-three corporals, forty-two drums and fifes, and seven hundred and- fifty privates. Sec 2. And be it further enacted, That the President of The President ta the United States cause the provisions of this act to be carried carried 'into effect into effect on the first day of April next, or as soon thereafter m^supefnumer' as circumstances will admit, and cause any supernumerary of- arv officers- to be J • mf x j disc harped wit" 3 ficers to be discharged from the service of the United States; months* additional and to all persons so discharged, there shall be paid threepay' months' additional pay. Sec 3. And be it further enacted, That the President of The President may the United States may, in the recess of the Senate, appoint any oS^irtLreces! of the officers authorized by this act, which appointments shallof the Scnate>etCl be submitted to the Senate, at their next session, for their ad- vice and consent. [Approved, March 3, 1817.] CHAPTER 113. An act extending the time for obtaining military land warrants in certain cases. Sec 1. Be it enacted by the Senate and House of Representa- The second section tives of the United States of America, in Congress assembled, to, not to apply u That the provisions of the second section of the act, entitled phersonVk?Ueo^cte°f "An act to provide for designating, surveying, and granting, the military bounty lands,"* passed on the sixth day of May, one thousand eight hundred and twelve, which limits the time within which persons entitled to military bounty lands shall * See chapter 72. 200 make their application for a land warrant, to five years from and after such person shall become entitled thereto, shall not be construed to apjjjy to, affect, or bar, any application for a mili- tary land warrant, which may be made by the heirs and repre- sentatives of a deceased person, wdio was entitled thereto by services performed in the late war, or application by the heirs and representatives of any non-commissioned officer or soldier killed in action, or wdio died in the actual service of the United States, and entitled by existing laws to a bounty in lands; but The heirs, etc. ofthe heirs and representatives of such persons shall be allowed to make PappUcations make their applications therefor at any time before the first day MtillstMay'1820-of May, one thousand eight hundred and twenty; any act to the contrary notwithstanding. [Approved, March 27, 1818.] CHAPTER 114. An act to establish the flag of the United States. After the 4* July, Sec. 1. Be it enacted by the Senate and House of Represen- li^trtoes^lnd0 so tatives of the United States of America, in Congress assembled, stars* » That, from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, alternate red and white; that the union be twenty stars, white in a blue field. a star to be added Sec 2. And be it further enacted, That, on the admission for every new state. of every new gtate j^ ^ TJniorl) one star be added to the union of the flag; and that such addition shall take effect on the fourth day of July then next succeeding such admission. [Approved, April 4, 1818.] CHAPTER 115. An act regulating the staff of the army.* Part ofthe acts of Sec 1- Be to enacted by the Senate and House of Represen- andf^24th'A181t tatives of the United States of America, in Congress assembled, Mis,repeaied.pri'That so much of the act "fixing the military peace establish- ment of the United States,"f passed the third of March, one thousand eight hundred and fifteen, as relates to hospital stew- ards and wardmasters, and so much of the "Act for organizing the general staff, and making further provision for the army of the United States,":}: passed April twenty-fourth, one thousand * Superseded by the provisions of the act of 2d March, 1821, chapter 138. |See chapter 100. t See chapter 103. 201 eight hundred and sixteen, as relates to hospital surgeons, hos- pital surgeons' mates, judge-advocates, chaplains, and forage, wagon, and barrack masters, and their assistants, be, and the same is hereby, repealed. Sec 2. And be it further enacted, That, there shall be one a surgcon-generai. surgeon-general, with a salary of two thousand five hundred dollars per annum, one assistant surgeon-general, with the emol- Assistant surgeon- uments of a hospital surgeon, one judge-advocate, with the pay fudg^advocate. and emoluments of a topographical engineer, to each division, and one chaplain, stationed at the military academy at West chaplain, &c. Point, who shall also be professor of geography, history, and ethics, with the pay and emoluments allowed the professor of mathematics; and that the number of post surgeons be increased, Eight postsurgeons not to exceed eight to each division. Sec 3. And be it farther enacted, That so much of the act Quartermaster's of the twenty-fourth of April, one thousand eight hundred and siirof^ne^uarter- sixteen, aforesaid, as relates to the quartermaster-general of di- ^t'o'lto^iuties vision, shall be repealed; and the quartermaster's department/tc shall consist, in addition to the two deputy quartermasters-gen- eral, and the four assistant-deputy quartermasters-general, now authorized, of one quartermaster-general, with the rank, pay, and emoluments, of a brigadier-general, and as many assistant- Assistant deputies deputy quartermasters-general as the President shall deem deems proper^not proper, not exceeding, in the whole number, twelve. exceeding twelve. Sec 4. And be it farther enacted, That to each commis-Three months'ad- sioned officer who shall be deranged by virtue of this act, there emXmenutode- shall be allowed and paid, in addition to the pay and emolu- ^"officersT""0" ments to which they will be entitled by law, at the time of their discharge, three months'pay and emoluments; and that This act to go into the provisions of this act shall be carried into effect on or be- l^jun^Tsrs!'3™ fore the first day of June next. Sec 5. And be it farther enacted, That the pay and emolu- Pay, etc. of inspec- ments of the inspector-generals of divisions be, and is hereby, vhions^afsed*d' raised to be equal to the pay and emoluments of the adjutant- generals of division. Sec 6. And be it farther enacted, That, as soon as the a commissary-gen- state of existing contracts for the subsistence of the army shall, ed by°theeprPPident, in the opinion of the President of the United States, permit it, ^ehste'l1eaui)ay;etc- shall before entering on the duties of his office, give bond and Bond and security. security, in such sum as the President may direct; and as many assistants, to be taken from the subalterns of the line, as the Assistantcommis- .... . ... ,-, saries from the sub- SerVlCe may require, who shall receive twenty dollars per month altera* of the line, in addition to their pay in the line, and who shall, before enter-thcir pay'etc" ing on the duties of their office, give bond and security, in such Assistants to give sums as the President may direct. The commissary-generalbondandsecur,ty' and his assistants shall perform such duties, in purchasing and Duties of commi,_ issuing of rations to the army of the United States, as the Pre- sary-seneral> e*c* sident may direct. 202 t-uppuestobepur- Sec 7. And be it farther enacted, That supplies for the onapubiicno°tice*ct' armv> unless in particular and urgent cases, the secretary of budkdunderere-nuia- war should otherwise direct, shall be purchased by contract, to tions to be pr&e- he made by the commissary-general on public notice, to be de- scribed bythe secre- ,. . •'. . • .1 i ■*, i , i 1 i i, tary of war, unless hvered, on inspection, in the bulk, and at such places as shall rect°!herw'9e dl be stipulated; which contract shall be made under such regula- tions as the secretary of war may direct. The President may Sec 8. And be it farther enacted, That the President may theoomponenTpart" make such alterations in the component parts of the ration as a of the ration. ,]ue regard to the health and comfort of the army and economy may require. commissary-gen Sec 9. And be it further enacted, That the commissary- < ral and assistants , i , • • in i i v i not to be concerned general and his assistants shall not be concerned, directly or ucieTentering^nto indirectly, in the purchase or sale, in trade or commerce, of any ete.™orCre'ceivept' ai*ticle entering into the composition of the ration allowed to the emolument, except troops in the service of the United States, except on account of the United States, nor shall such officer take and apply to his , own use any gain or emolument for negotiating or transacting any business connected with the duties of his office, other than commissary-gen- what is or maybe allowed bylaw; and the commissary-general martiaiciaw.b'iect l0 and his assistants shall be subject to martial law. commissary-gen- Sec 10* J^'1^ be to farther enacted, That all letters to and erai's letters free of from the commissary-general, which may relate to his office postage. . •/ o ? j Proviso; the6th, duties, shall be free from postage: Provided, That the sixth, iothsections'oTthis seventh, eighth, ninth, and tenth, sections of this ac*t shall con- year" f°toe f°rfive tinue and be in force for the term of five years from the passing of the same, and thence until the end of the next session of Congress, and no longer.* [Approved, April 14, 1818.] CHAPTER 116. An act regulating thc pay and emoluments of brevet officers. Brevet officers to Sec 1. Be it enacted by the Senate and House of Represen- receive pay, etc. of tatives of the United States of America, in Congress assembled, bievet rank only . l/v* pi 111 •• when on duty with 1 hat the officers ot the army, who have brevet commissions, comman§°nd'DS shall be entitled to, and receive the pay and emoluments of, their brevet rank when on duty, and having a command accord- ing to their brevet rank, and at no other time. Brevet commissions Sec 2. And be it further enacted, That no brevet commis- hereaftertohave s[on ^qW hereafter be conferred but by and with the advice and the consent of the _ , J senate. consent of the Senate.f [Approved, April 16, 1818.] * The last four sections of this act are continued by chapter 130, and 145, and made permanent by chapter 168. tSee chapter 165, section 9. 203 CHAPTER 117. An act respecting the organization of the army, and for other purposes.* Sec 1. Be it enacted by the Senate and House of Representa- company officers of tives of the United States of America, in Congress assembled, That hereafter the company officers of the corps of artillery shall consist of one captain, two first lieutenants, and two se- cond lieutenants ; and in the corps of light artillery, the com- conductor of artii- pany officers shall consist of one captain, one first lieutenant, and two second lieutenants ; and one of the second lieutenants in each company shall act as a conductor of artillery, as in the case of the corps of artillery, whose duty it shall be to receipt and account for all ammunition, implements, and cannon; and for the performance of these services they shall be allowed, Extra pay to con- hi ii i. ,i ductors of artillery. , ten dollars extra per month. 3 Sec 2. And be it further enacted, That, to each regiment One armorer to of infantry, riflemen, and to each battalion of the corps of ar- fantr"grineme°n,in tiiiery, and to the regiment of light artillery, there shall be t;;derb;Ualion of ar' attached one armorer, with the pay and emoluments allowed to armorers, employed by the ordnance department. Sec 3. And be it further enacted, That, in all cases during where, in cases, pp it ii ii i v° etc. the pay, etc. ot the late war, where an officer or soldier has been delayed the officers and soldiers • , pi- i i , iii ri-l hasbeen delayed, receipt of his pay and emoluments, or any part thereot, by hav- etc.itisonevidence, ing been transferred from one corps to another, or omitted to be j^J* adJusted and returned on the muster roll, pay roll, or receipt roll, or from any other cause whatever, upon a satisfactory evidence of the justice of such claim, the same shall be adjusted and paid. [Approved, April 20, 1818.] CHAPTER 118. Resolution directing thc completion ofthe survey ofthe waters of the Chesapeake bay, and for other purposes. Resolved by tlie Senate and House of Representatives of the United States of America, in Congress assembled, That the Surveys prepara- President of the United States be, and he hereby is, requested iuhme°nt oVtw'o to cause to be resumed and completed the surveys heretofore "^umed^and' coin- commenced, preparatory «to the establishment of two naval rleted>&c- arsenals; and that, to the naval officers employed in this service, officers of the corps of engineers be joined, with instructions to prepare plans ofthe fortifications necessary to be erected f°r^™^fdfoMt?mVte the defence of such arsenals, with an estimate of the expense of expense. of erecting the same. And that the President be further re- ^j^tJb, quested to cause such a survey of the Chesapeake bay to be &c. made, as may be requisite to ascertain what points are necessary to be fortified for the protection of commerce of the said bay; * The lst and 2d sections of this act are superseded by the provisions of that of 2d March, 1821, to reduce and fix the military establishment—See chapter 128. 204 Report, with a and a report of the same, with a plan of the works necessary to be erected, with an estimate of the expense of the same, to be made to Congress in the first week of their next session. [Approved, April 20, 1818.] CHAPTER 119. An act allowing further time to complete the issuing and locating of military land warrants. The authority Sec 1. Be it enacted by the Senate and House of Representa- retoytfwar'by0" tto>es of the United States of America, in Congress assembled, i8*2Ctod^6ohIDay'r^^a^ ^e authority granted to the secretary for the department i8i^ to issue miii- of war, by the second section of the act to provide for designa- co7unued^ntiia4tii tmg> surveying, and granting, the military bounty lands, ap- March, 1824. proved the 6th day of May, one thousand eight hundred and twelve,* and by the fourth section of the act making further provision for.filling the ranks ofthe army of the United States, approved December tenth, one thousand eight hundred and fourteen,! to issue warrants for the military land bounties to persons entitled thereto, shall be revived, and continued in force for the term of five years from and after the fourth day of March next. The time limited Sec 2. And be it furtlier enacted, That the time limited by cttiigmaftaryland ^e act supplementary to the act further extending the time for sAMarch^cuaof issumg and locating military land warrants, and for other pur- extended to 4th ' poses, approved March ninth, one thousand eight hundred and i83i? 'andlst0ct- eighteen, for issuing military land warrants, shall be extended to the fourth day of March, one thousand eight hundred and twenty-one, and the time limited by the said act for the location of unlocated military land warrants, shall be extended to the first day of October thereafter.;}: [Approved, February 24,1819.] CHAPTER 1*20. An act to regulate the pay of the army when employed on fatigue duty. 15 cents and an ex- Sec 1. Be it enacted by the Senate and House of Represen- &c.gIUr°dayV, to ey' tatives of the United States of America, in Congress assembled, s«Mierswhen That, whenever it shall be found expedient to employ the * See chapter 72. f See chapter 97. + The provisions of this section, and the acts therein referred to, relate to the officers and soldiers of the revolutionary army. The acts mentioned are not com- prised in this volume. 205 army at work on fortifications, in surveys, in cutting roads, and «mpioy«d, not less other constant labor, of not less than ten days, the non-commis- ibratifica°ionafkc!a sioned officers, musicians, and privates, so employed, shall be allowed fifteen cents, and an extra gill of whiskey, or spirits, each, per day, while so employed. [Approved, March 2, 1819.] CHAPTER 121. An act regulating the payments to invalid pensioners. Sec. 1. -Be it enacted by the Senate and House of Represen- in applications for tatives of the United States of America, in Congress assembled, PionTtheaffi°davPuof That in all cases of application for the payment of pensions to u™ credible sur- invalids, under the several laws of Congress granting pensions the continuance J. to invalids, the affidavit of two surgeons or physicians, whose &'? to accompany credibility, as such, shall be certified by the magistrate before payme^'faUing/ue whom the affidavit is made, statins-the continuance of the dis- ai"ter,th« 4th of . ^ . . March 1820 and ability for which the pension was originally granted, (describ-every'two Ve"s ing it,) and the rate of such disability at The time of- making^phca'nl'to^e'pa^d the affidavit, shall accompany the application of first paymentat the rate> &c- which shall fall due after the fourth day of March next, and at the end of every two years thereafter; and if, in a case of a con- tinued disability, it shall be stated at a rate below that for which the pension was originally granted, the applicant shall only be paid at the rate stated in the affidavit: Provided, ThatProvis°; affidavit 1 ,. • i ii i i • • n i p ■ i n<>' necessary jn where the pension shall have been originally granted for a total case of total au- disability, in consequence of the loss of a limb, or other cause ablhty'&c" which cannot, either in whole, or in part, be removed, the above affidavit shall not be necessary to entitle the applicant to pay- ment: And provided also, That this act shall not extend to the Proviso; this act invalids of the revolution, wdio have been, or shall be, placed "nvailds of the rev- on the pension list, pursuant to an act of Congress, entitled olutionary army- "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," approved the eighteenth day of March, in the year of our Lord one thousand eight hundred and eight. [Approved, March 3, 1819.] CHAPTER 122. An act authorizing the sale of certain military sites. Sec. 1. Beit enacted by the Senate and House of Represen-The secretary of tatives of the United States of America, in Congress assembled, %™> ^l $™r That the secretary of war be, and he is hereby, authorized, dent, authorized to 206 •eii useless military under the direction of the President of the United States, to cause to be sold such military sites, belonging to the United States, as may have been found, or become, useless, for military The secretary, on purposes. And the secretary of war is hereby authorized, on Seed'toVe0 make a ^e payment of the consideration agreed for, into the treasury of the United States, to make, execute, and deliver, all needful instruments, conveying and transferring the same in fee; and the jurisdiction, which had been specially ceded, for military jurisdiction of the purposes, to the United States, by a state, over such site or u.s.tocease. sites, shall thereafter cease. [Approved, March 3, 1819.] CHAPTER 123. An act concerning the allowance of pensions upon a relinquishment of bounty land. The 2d section of Sec 1. Be it enacted by the Senate and House of Represen- i8i6ac&c. 16co ptin- tatives of the United States of America, in Congress assembled, ued in force for That the second section of the act making further provision for military services during the late war, and for other purposes, ap- proved April sixteenth, one thousand eight hundred and sixteen,* and so much of the act to amend the same, approved March third, one thousand eight hundred and seventeen,! as relates to the subject of that section, shall be continued in force for the term of three years from and after the passing of this act: Proviso; the chii- Provided nevertheless, That no pension shall be granted under them. must,°to oh-the said acts, after the sixteenth day of April next, unless, at wder i6Pyear°s!'be tne time °f relinquishing the bounty land, in the manner therein prescribed, the children, for whose benefit the same may be granted, or one of them, shall be under sixteen years of age: Proviso; pension to And provided also, That the pensions shall commence at the or"dtoquishment.e date of the relinquishments respectively. [Approved, March 3, 1819.] CHAPTER 124. An act in addition to the several acts for the establishment and regulation of the treasury, war, and navy, departments. [extract.] Appropriations for Sec 4. And be it farther enacted, That nothing contained the servi— •Be year e"Tot to in the act of March third, one thousand eight hundred and * See chapter 101. f See chapter 111. 207 nine, entitled "An act further to amend the several acts for the be^nsfer^to establishment and regulation of the treasury, war, and navy, *|£«n^[urcea'n an departments,"* shall be so construed, as to allow any appropri- der^Ko?" ations whatever for the service of one year, to be transferred to March>im- another branch of expenditure in a different year, nor shall any fn\^Zl of Z appropriations be deemed subject to.be transferred, under the ^^^^ provisions of the abovementioned act, after they shall have been transfer undefthe° placed in the hands of the treasurer, as agent of the war andf^340*'March- navy departments. Sec 5. And be it further enacted, That the abovemention- A^of w March, ed act of the third of March, one thousand eight hundred and nine, shall be, and the same is hereby, so amended, that the President shall be authorized to direct a portion of the moneys The President au- appropriated for any one of the following branches of expendi- Ippropriationffo" ture in the military department, viz: For the subsistence of the^-^^"f army, for forage, for the medical and hospital department, for war department. the quartermaster's department; to be applied to any other of the abovementioned branches of expenditure in the same de- partment: And that the President shall be also further autho-The President au- ■T. ,,. */*.i • l i p c thonzed to transfer rized to direct a portion of the moneys, appropriated tor any ot appropriations for the following branches of expenditure in the naval department,^Sii^lu.ef viz: For provisions, for medicine and hospital stores, for repairs »avai department, of vessels, for clothing; to be applied to any other of the above- mentioned branches of expenditure in the same department; and that no transfers of appropriation, from or to other branches of expenditure, shall be hereafter made. Sec 6. And be it further enacted, That no contract shall No contract to be , , , p . p . i made by the secre- hereafter be made by the secretary ot state, or ot the treasury, taries of depart- or of the department of war, or of the navy, except under.aJ^J^?1^* law authorizing the same, or under an appropriation adequate °[;;ri£"tJ' to its fulfilment; and excepting, also, contracts for .the subsis- excepuontracts for tence and clothing of the army or navy, and contracts by the tog,5and"quarter-" quartermaster's department, which may be made by the secre- ™*tttter's depart" taries of those departments. Sec 7. And be it farther enacted, That no land shall be ®°J™*^^ purchased on account of the United States, except under a law e*cePt under au'-* r . . . . . thority of law. authorizing such purchase. [Approved, May 1, 1820.] CHAPTER 125. An act further to regulate the medical department of the army.f Sec I. Be it enacted by the Senate and House of Represen- W^r™^ tatives of the United States of America, in Congress assembled, ries-generai to give * See note to chapter 110. ■fThe offices of apothecary, and assistant apothecary-general, are superseded by act of 2d March, 1821—See chapter 128. 208 bonds with secu- That the apothecary-general and assistant apothecaries-general shall severally give bonds to the United States, with good and sufficient security, for the faithful performance of their duties^ in such sums as shall be required by the surgeon-general of the army, under the direction of the war department. [Approved, May 8, 1820.] CHAPTER 126. An act to limit the term of office of certain officers therein named, and for other purposes. District attorneys, Sec. 1. Be it enacted by the Senate and House of Represen- collectors of cus- tatives of the United States of America, in Congress assembled, toms, naval officers, .J •* /» • , • 11 v ■ surveyors of cus- 1 hat, from and after the passing of this act, all district attor- recdvers yofSpubiic neys, collectors of the customs, naval officers and surveyors of hndeofficef,'pay-oftfie customs, navy agents, receivers of public moneys for lands, masters, apotheca- registers of the land offices, paymasters in the army, the apothe- ry-general and as-" _ j i j > ./ ' i sistants, and com- cary-general, the assistant apothecaries-general, and the com- purcha^""^ ap- missary-general of purchases, to be appointed under the laws of Mmovrf>ie*at pTeT' ^e United States, shall be appointed for the term of four years, sure- but shall be removable from office at pleasure. commission of offi- Sec 2. And be it farther enacted, That the commission of tc?cease7 ™ °ffi°e' eac^ anc* everv °f the officers named in the first section of this act, nowr in office, unless vacated by removal from office, or if on or before 30th otherwise, shall cease and expire in the manner following: All date^^ulng^th1" such commissions, bearing date on or before the thirtieth day of sept. 1820. September, one thousand eight hundred and fourteen, shall cease and expire on the day and month of their respective dates, which shall next ensue after the thirtieth day of Septem- if after 30thsept, ber next; all such commissions, bearing date after the said thir- oc^me^aftheir1 tieth day of September, in the year one thousand eight hundred sfT i82i'n6 30* an<^ f°urteen, and before the first day of October, one thousand eight hundred and sixteen, shall cease and expire on the day and month of their respective dates, which shall next ensue after the thirtieth day of September, one thousand eight hundred and au others four twenty-one. And all other such commissions shall cease and datersS.from their expire at the expiration of the term of four years from their respective dates. The President au- Sec 3. And be it farther enacted, That it shall be lawful toTim^'tore^uhtefor the President of the United States, and he is hereby autho- and increase the riZed, from time to time, as in his opinion the interest of the sums in bonds re- . ' / . •*■ , . - quired from officers United States may require, to regulate and increase the sums of the u. s. ^ .^ich the bonds required, or which may be required, by the laws of the United States, to be given by the said officers, and by all other officers employed in the disbursement of the public moneys under the direction of the war or navy departments, shall be given; and all bonds given in conformity with such 209 regulations shall be as valid and effectual, to all intents and purposes, as is given for the sums respectively mentioned in the laws requiring the same. Sec 4. And be it furtlier enacted, That the commissions commissionsofoffi- of all officers employed in levying or collecting the public cXctTngTevenue revenue, shall be made out and recorded in the treasury de- receded at°theacd partment, and the seal of the said department affixed thereto; treasury depart- any law to the contrary notwithstanding: Provided, That the Proviso; Presi- said seal shall not be affixed to any such commission before the fbrVs'eXg."" same shall have been signed by the President of the United States. [Approved, May 15, 1820.] CHAPTER 127. An act providing for the better organization of the treasury department.* Sec 1. Be it enacted by the Senate and House of Represen- An officer to be de- tatives of the United States of America, in Congress assembled, silent* as agent ot That it shall be the duty of such officer of the treasury depart- p^mrt'*sduT/^°£"" ment as the President of the United States shall, from time to forthe recovery of time, designate for that purpose, as the agent of the treasury, useof^'he u. states. to direct and superintend all orders, suits, or proceedings, in law or equity, for the recovery of money, chatties, lands, tene- , ments, or hereditaments, in the name, and for the use, of the United States. Sec 2. And be it further enacted, That, from and after the After 30th Sept. thirtieth day of September next, if any collector of the revenue, ingpubucmoneyT receiver of public money, or other officer, who shall have re- thftrreeasurpaiandto ceived the public money before it is paid into the treasury of failing to account. the United States, shall fail to render his account, or pay over the same in the manner, or within the time, required by law, it shall be the duty of the first comptroller of the treasury to cause The 1st comptroller to be stated the account of such collector, receiver of public |nesamomfdu"'1^ money, or other officer, exhibiting truly the amount due to the United States, and certify the same to the agent of the trea- sury, who is hereby authorized and required to issue a warrant And the agent to of distress against such delinquent officer and his sureties, di- d^trets^gS' di- rected to the marshal ofthe district in which such delinquent Jjnquent and sure- • i n • i iii «es, to the marshal. officer and his surety or sureties shall reside; and where the said officer and his surety or sureties shall reside in different districts, or where they, or either of them, shall reside in a dis- trict other than that in which the estate of either may be situate, which maybe intended to be taken and sold, then such warrant shall be directed to the marshals of such districts, and to their deputies, respectively; therein specifying the amount with * This act contains provisions, in much detail, relating to accountability, very interesting, if not necessary, to all disbursing officers of the army. It was there- fore, deemed advisable to insert it at large. 14 210 Marshal or deputy which such delinquent is chargeable, and the sums, if any, MdPcoueeecdt,tbyedFs- which have been paid. And the marshal authorized to execute ^oods^chatties sucn warrants shall, by himself or by his deputy, proceed to of delinquent. \eTy and collect the sum remaining due, by distress and sale of the goods and chatties of such delinquent officer, having given Ten days'notice of ten days' previous notice of such intended sale, by affixing an sale, at two or advertisement of the articles to be sold at two or more public more public places, ... i i • l l 1 1 *c. places m the town or county where the said goods or chatties were taken, or in the town or county where the owner of such Goods,&c.being goods or chatties may reside; and if the goods and chatties be ^fnheVmce'Tisn°t sufficient to satisfy the said warrant, the same may be levied ' liable, &c. upon the person of such officer, who may be committed to prison, there to remain until discharged by due course of law. warrant remaining Notwithstanding the commitment of such officer, or if he ab- c"eSdingseagamPt° scond, or if goods and chatties cannot be found sufficient to dehnquent,the mar-satisfy the said warrant, the marshal or his deputy may and against the sureties' shall proceed to levy and collect the sum wdiich remains due by goods, &c. guck c[eimqUent officer, by the distress and sale of the goods and chatties of the surety or sureties of such officer, having _ , . , given ten days' previous notice of such intended sale, by affix- Ten davs notice of p i* p i • l ii 'J sale, at'two or more ing an advertisement of the articles to be sold, at two or more j>u r p aces, c. p^j jc p}aces [n tne town or county where the said goods or chatties were taken, or in the town or county where the owner Amount due by de- of such goods or chatties resides. And the amount due by any I™"ponland"&c. sucn officer as aforesaid shall be, and the same is hereby de- or himself and sure- clared to be, a lien upon the lands, tenements, and hereditaments, of a levy, &c. of such officer and his sureties, from the date of a levy in pur- suance of the warrant of distress issued against him or them, and a record thereof made in the office of the clerk of the dis- trict court of the proper district, until the same shall be dis- For want of goods, charged according to law. And for want of goods and chatties be*sow.ds'&c'may of such officer, or his surety or sureties, sufficient to satisfy any warrant of distress issued pursuant to the provisions of this act, the lands, tenements, and hereditaments, of such officer, and his surety or sureties, or so much thereof as may be necessary Ti.tee weeks' no- for that purpose, after being advertised for at least three weeks &Tattor«fpTwfcm not ^ess man three public places in the county or district places. where such real estate is situate, prior to the time of sale, may and shall be sold by the marshal of such district or his deputy; conveyance ofthe and for all lands, tenements, or hereditaments, sold in pursuance Trfidhtuic°toiiands °f ^he authority aforesaid, the conveyance of the marshals or *m, &C* their deputies, executed in due form of law, shall give a valid title against all persons claiming under such delinquent officer, jumamder of pro- or his surety or sureties. And all moneys which may remain of »thf to 'warAnf tne proceeds of such sales, after satisfying the said warrant of sad costs, to be re- distress, and paying the reasonable costs and charges of the •q«eat officers or sale, shall be returned to such delinquent officer or surety, as l^oris'o'; summary the case may be: Provided, That the summary process herein 2L3.nbeforeBtou directed shall not affect any surety of any officer of the United »**. States who became bound to the United States before the pass- ing of this act; but each and every such officer shall, on or 211 before the thirtieth day of September next, give new and suffi-officers to gj« new cient sureties for the performance of the duties required of sTpVisaJ. such officer. Sec 3. And be it furtlier enacted, That, from and after the After 30th Sept. thirtieth day of September next, if any officer employed, or ployed to disburse who has heretofore been employed, in the civil, military, 01^^^^*^' naval departments of the government, to disburse the public rendering account x • i p 1 • 1 i or Payins °Ter, &c* money appropriated for the service of those departments, re- the first or second spectively, shall fail to render his accounts, or to pay over, in strand certSvthe the manner, and in the times, required by law, or the regula- ^m™f\h^reiv tions of the department to which he is accountable, any sum of SU!7t0 proceed money remaining in the hands of such officer, it shall be the warrant of distress, duty of the first or second comptroller of the treasury, as the &c" ' case may be, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified, the account of such delinquent officer, to the agent of the treasury, who is hereby authorized and required immediately to proceed against such delinquent officer, in the manner directed in the preceding section, all the provisions of which are hereby de- clared to be applicable to every officer of the government charged wdth the disbursement of the public money, and to their sureties, in the same manner, and to the same extent, as if they had been described and enumerated in the said section: Provided, nevertheless, That the said agent of the treasury, Proviso; the agent, with the approbation of the secretary of the treasury, in cases *l secretary onh« arising under this or the preceding section, may postpone for a ^olT^o^tl^^ reasonable time, the institution of the proceedings required by &c- this act, where, in his opinion, the public interest will sustain no injury by such postponement. Sec 4. And be it farther enacted, That if any person should Persons aggrieved consider himself aggrieved by any warrant issued under this^mpUnt^oa'dfc- act, he may prefer a bill of complaint to any district judge 0ftrictJuuse>&c> the United States, setting forth therein the nature and extent of the injury of which he complains; and thereupon the judge The judge «», aforesaid may, if in his opinion the case requires it, grant ansrantaninJunc«J0*' injunction to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires; but no No injunction unta injunction shall issue till the party applying for the same shallbond and 3ecurit-r' give bond and sufficient security, conditioned for the perform- ance of such judgment as shall be awarded against the com- plainant, in such amount as the judge granting the injunction shall prescribe; nor shall the issuing of such injunction in any ?"Jun.ction ??*to r . . ', ,. , i i , • • p i J impair the hen to manner impair the lien produced by the issuing of such warrant, the warrant. And the same proceedings shall be had on such injunction as in other cases, except that no answer shall be necessary on the part of the United States; and if, upon dissolving the injunc- Damages,if-ippu- tion, it shall appear to the satisfaction of the judge who shall JunctionTrMmewiy decide upon the same, that the application for the injunctionfor dc,a-'- was merely for delay, in addition to the lawful interest which shall be assessed on all sums which may be found due against the complainant, the said judge is hereby authorized to add 212 Injunction, &c. either in or out of court. Persons aggrieved court, who may grant relief. Attorneys of the United States, to conform to instruc such damages as that, with the lawful interest, shall not exceed the rate of ten per centum per annum on the principal sum. Sec 5. And be it farther enacted, That such injunctions may be granted or dissolved by such judge, either in or out of court. Sec 6. And be it farther enacted, That if any person shall by the district judge consider himself aggrieved by the decision of such judge, either mayapplytoajudge . p - .OD1..*/. .,, ,*'?'.. of the supreme m refusing to issue the injunction; or, if granted, on its disso- lution, it shall be competent for such person to lay a copy of the proceedings had before the district judge before a judge of the supreme court, to whom authority is hereby given either to grant the injunction or permit an appeal, as the case may be, if, in the opinion of such judge of the supreme court, the equity of the case requires it; and thereupon the same proceedings shall be had upon such injunction in the circuit court, as are prescribed in the district court, and subject to the same condi- tions in all respects whatsoever. Sec. 7. And be it farther enacted, That the attorneys of the United States, for the several judicial districts of the United tious"from the agent States, in the prosecution of all suits in the .same, in the name lsury' and for the benefit of the United States, shall conform to such directions and instructions, touching the same, as shall, from time to time, be given to them, respectively by the said agent Attorneys at the of the treasury. And it shall, raoreover, be the duty of each of to forward"! state- tne said attorneys, immediately after the end of every term of ment of cases de- the district and circuit courts, or of any state court, in which cided, &c. and in- . . , 7 ,. tii^^itt-i formation to the any suit or action may be pending on behalf of the United States, under the direction of any district attorney, to forward to the said agent of the treasury a statement of the cases which have been decided during the said term, together with such in- formation touching such cases as may not have been decided, as may be required by the said officer. Sec 8. And be it farther enacted, That it shall be the duty of the clerks of the district and circuit courts, within thirty days after the adjournment of each successive term of the said courts, respectively, to forward to the said agent of the treasury, a list of all judgments and decrees which have been entered in the said courts, respectively, during such term, to which the United States are parties, showing the amount which has been so adjudged or decreed for or against the United States, and stating the term to wdiich execution thereon Marshals within 3o will be returnable. And it shall, in like manner, be the duty to makef0return™sto of the marshals of the several judicial districts of the United wedtomonwnteof States, within thirty days before the commencement of the executions, etc. several terms of the said courts, to make returns, to the said agent, of the proceedings which have taken place upon all writs of execution or other process which have been placed in his hands for the collection of the money which has been so adjudged and decreed to the United States in the said courts respectively. agent, &c. Clerks of circuit and district courts, within 30 days after term, to forward a list of judgments and decrees enter- ed, to the agent, showing the amount, etc. 213 Sec 9. And be it farther enacted, That nothing in this'J°2jg^*J*** act contained shall be construed to take away or impair any or remedy, under^ right or remedy which the United States now have by law, for PhTrVoVSeryTf °r the recovery of taxes, debts, or demands. debts, etc. [Approved, May 15, 1820.] CHAPTER 128. An act to reduce and fix the military peace establishment of the United States.* Sec 1. Be it enacted by the Senate and House of Represen- Military peace es- tatives of the United States of America, in Congress assembled, utj^f&aif" That, from and after the first day of June next, the military peace establishment of the United States shall be composed of four regiments of artillery, and seven regiments of infantry, with such officers of engineers, of ordnance, and of the staff, as are hereinafter provided for. Sec 2. And be it further enacted, That each regiment of Artillery, artillery shall consist of one colonel, one lieutenant-colonel, one major, one sergeant-major, one quartermaster-sergeant, and nine companies, one of which shall be designated and equipped as light artillery: and that there shall be attached to each regiment Light artillery. of artillery one supernumerary captain to perform ordnance duty;f A supernumerary and that each company shall consist of one captain, two first nance duty. lieutenants, two second lieutenants, four sergeants, four cor- porals, three artificers, two musicians, and forty-two privates. That each regiment of infantry shall consist of one colonel, one infantry. lieutenant-colonel, one major, one sergeant-major, one quarter- master-sergeant, two principal musicians, and ten companies ; each of which shall consist of one captain, one first lieutenant, one second lieutenant, three sergeants, four corporals, two mu- sicians, and forty-two privates; and that to each regiment of artillery and infantry there shall be one adjutant, who shall be Adjutant to each taken from the subalterns of the line. Sec 3. And be it further enacted, That the corps of engi- Engineers retained neers, (bombardiers excepted,) and the topographical engi- dkrs?1* neers, and their assistants, shall be retained in service as at present organized. Sec 4. And be it further enacted, That the ordnance de-ordnance depart- partment shall be merged in the artillery; and that the Presi-S™^in *e dent of the United States be, and he is hereby, authorized to select, from the regiments of artillery, such officers as may be Artillery officers to necessary to perform ordnance duties, who, while so detached, SutiesTetci nanc* shall receive the pay and emoluments now received by ordnance officers, and shall be subject only to the orders ofthe war de- * See chapters 152, 160 and 172. ■f The provision for supernumerary captains of ordnance, repealed by chapter 150, section 3. 214 Enlisted men of partment; and that the number of enlisted men in the ordnance mentareducXr department be reduced to fifty-six.* one major-general Sec 5. And be it further enacted, That there shall be one r^ohbn>dtersS'wrthmajor-general, with two aids-de-camp; two brigadier-generals, an aid each. g^^ -with one aid-de-camp; and that the aids-de-camp be taken Aids from subai- from the subalterns of the line, and, in addition to their duties, terns of the line. , n p 1 i • /» ■ i* i shall perform the duties of assistant adjutant-general. one adjutant and Sec 6. And be it farther enacted, That there shall be one grneraipe»vithSrank, adjutant-general, and two inspectors-general, with the rank, rav'ai0rfy?lonels °f Pav> aftd emoluments, of colonels of cavalry. a quartermaster- Sec 7. And be it farther enacted, That there shall be one general. quartermaster-general; that there shall be two quartermasters, ters. with the rank, pay, and emoluments, of majors of cavalry; and Ten assistant quar-ten assistant quartermasters, who shall, in addition to their pay dUtonafpayT' 'm tne nne5 receive a sum not less than ten dollars, nor more than twenty dollars, per month, to be regulated by the secre- tary of war.f a commissary- Sec 8. And be it farther enacted, That there shall be one tence?1 °fsubs's commissary-general of subsistence; and that there shall be as Assistant commis- many assistant commissaries as the service may require, not ex- ^wiU'addfaS ceeding fifty,:], who shall be taken from the subalterns of the al Pa>- line, and shall, in addition to their pay in the line, receive a sum not less than ten, nor more than twenty, dollars per month; m^terTandUcom-~ and that the assistant quartermasters, and assistant commis- missariessubject to saries of subsistence, shall.be subject to duties in both depart- dutics in both de- i i i r> i p partments. ments, under the orders of the secretary of war. a paymaster gene- Sec 9. And be it farther enacted, That there shall be one paymaster". e paymaster-general, with the present compensation, and fourteen paymasters, with the pay and emoluments of regimental pay- commissary of pur- masters ; || and that there shall be one commissary of purchases MUitory store- and two military storekeepers, to be attached to the purchasing keepers. department. a surgeon-generai. Sec 10. Atid be it farther enacted, That the medical de- Eight surgeons, partment shall consist of one surgeon-general, eight surgeons, Forty-five assistant with the compensation of regimental surgeons, and forty-five surgeons. . r » # o ' J assistant-surgeons, with the compensation of post surgeons. § Rank, pay, etc. ex- Sec 11. And be it farther enacted, That the officers, non- cept where there is • • i cc ±-n • • i • . special provision, to commissioned officers, artificers, musicians, and privates, re- !?tingeuwsne t0 ex~ tained by this act, except those specially provided for, shall have the same rank, pay, and emoluments, as are provided, in like The force con- cases, by existing laws ; and that the force authorized and con- IleUruiesUandCt t0 tinued in service under this act, shall be subject to the rules and articles of war. articles of war. ^Ptheidfo?cet0re- ^ec 12, ^nd be it further enacted, That the President of tamed to be the United States cause to be arranged the officers, non-com- missioned officers, artificers, musicians, and privates, of the * So much of this act as merges the ordnance department in the Artillery and reduces the number of enlisted men is repealed by chapter 150, section 3. ■j- See chapter 139, section 4, increasing the number of officers in the quarter- master's department. \ See chapter 145, which provides for two commissaries of subsistence. | See chapter 175 providing for additional paymasters. § See chapters 153, and 175, increasing the medical department. 215 several corps now in the service of the United States, in such formed and compte- manner as to form and complete, out of the same, the force au-^owTnservice?^ thorized by this act, and cause the supernumerary officers, non- supernumerary 0c- commissioned officers, artificers, musicians, and privates, to be jj"^,.^ t0 be discharged from the service of the United States. Sec 13. And be it farther enacted, That there shall be al-Three months'pay lowed and paid to each commissioned officer who shall be dis- commissioned offi- charged from the service of the United States in pursuance of ^"uln^^hS this act, three months' pay, in addition to the pay and emolu-act- ments to which he may be entitled by law at the time of his discharge. Sec 14*. And be it farther enacted, That the system of General regulation* "General Regulations for the Army," compiled by major-gene-aeTfoVredtheda^my^ ral Scott, shall be, and the same is hereby approved and adopt- "the^vke^ftoe ed for the government of the army of the United States, and u* states. of the militia when in the service of the United States. [Approved, March 2, 1821.] CHAPTER 129. An act to repeal the fourteenth section of " An act to reduce.and fix the military peace establishment," passed the second day of March, one thousand eight hun- dred and twenty-one. Sec 1. Be it enacted by the Senate and House of Represen- The.Hth seetion or tatives of the United States of America, in Congress assembled, ^^{^^tj That the fourteenth section of the act, entitled "An act to re-^etces^bl^;d duce and fix the military peace establishment," parsed the se- cond day of March, one thousand eight hundred and twenty- one, be, and the same is hereby, repealed. [Approved, May 7, 1822.] CHAPTER 130. An act to continue the present mode of supplying the army of the United States. Sec 1. Be it enacted by the Senate and House of Represen- The 7th, 8th, 9*, tatives of the United States of America, in Congress assembled, 1^1?^*^™ fp That the seventh, eighth, ninth, and tenth sections of the act, *818e> contin«ed « entitled "An act regulating the staff of the army,"f passed and eto toe^ndTof April fourteenth, eighteen hundred and eighteen, be, and the ingress.sess'°tt *f same are hereby, continued in force for the term of five years, and until the end of the next session of Congress thereafter.^ [Approved, January 23, 1823.] * This section is repealed by the next succeeding chapter. t See chapter 115. $ See chapter 145. 216 CHAPTER 131. An act concerning the disbursement of public money. No advance of Pub- Sec 1. Be it enacted by the Senate and House of Represen- mcademoney t0 be tatives of the United States of America, in Congress assembled, That, from and after the passing of this act, no advance of public money shall be made in any case whatever; but in all cases of contracts for the performance of any service, or the de- livery of articles of any description, for the use of the United States, payment shall not exceed the value of the service ren- dered, or of the articles delivered previously to such payment: Proviso. Provided, That it shall be lawful, under the special direction of the President of the United States, to make such advances to the disbursing officers of the government, as may be necessary to the faithful and prompt discharge of their respective duties, Proviso. and to the fulfilment of the public engagements: And provided, also, That the President of the United States may direct such advances, as he may deem necessary and proper, to such per- sons in the military and naval service as may be employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled, cannot be regularly effected. officers or agents Sec 2. And be it further enacted, That every officer or of the u. states, to agent ofthe United States, who shall receive public money account quarter- S • i i • i • i • i yearly. which he is not authorized to retain, as salary, pay, or emolu- ment, shall render his accounts quarter-yearly to the proper accounting officers of the treasury, with the vouchers necessary to the correct and prompt settlement thereof, within three months, at least, after the expiration of each successive quarter, if resident within the United States; and within six months if resident in a foreign country: Provided, That nothing herein Proviso . ^ . . contained shall be construed to restrain the secretaries of any of the departments from requiring such returns from any officer or agent, subject to the control of such secretaries, as the pub- lic interest may require. officers or agents Sec 3. And be it farther enacted, That every officer or toendrefedmaisec-aSen^ °f the ..United States, who shall offend against the pro- tions, to be prompt-visions of the preceding sections, shall, by the officer charged Jrltltent, and d^ with the direction of the department to which such offending public se^vke.111* officer is responsible, be promptly reported to the President of the United States, and dismissed from the public service: Pro- Previso. vided, That in all cases, where any officer, in default as afore- said, shall account to the satisfaction of the President for such default, he may be continued in office, any thing in the forego- ing provision to the contrary notwithstanding. 3fo security given • Sec 4. And be it further enacted, That no security given to, or obligation en- . .. . <* , . •.i.i iiii* tered into with, the to, or obligation entered into with, the government, shall be in M^ireTby dismis! any wise impaired, by the dismissing any officer, or from failure sa? «r non-dismissai. 0f fa president to dismiss any officer coming under the pro- visions of this act. [Approved, January 31, 1823.] 217 CHAPTER 132. An act to establish a national armory on the western waters. Sec 1. Be it enacted by the Senate and House of Represen- l^f^f^i stives of the United States of America, in Congress assembled, to L^ine a site That the President of the United States be, and he is hereby, ^rya ™TeZ~- authorized to employ a skilful engineer or officer of the ord- tern waters nance department, with such other person or persons as he may judge proper, to examine the most suitable site for a national armory on the western waters; and that the said engineer, and such other person or persons be requested to report the result of their examinations to Congress at the commencement of its next session, particularly designating the sites by them examin- ed, with the comparative advantages of each, and an estimate showing the amount necessary for purchasing each, and erect- ing all necessary buildings thereon. Sec 2. And be it farther enacted, That the sum of five Appropriation thousand dollars be, and the same is hereby, appropriated, to effect the object of this act. [Approved, March 3, 1823.] CHAPTER 133. An act to allow further time to complete the issuing and locating of military land warrants, Sec 1. Be it enacted by the Senate and House of Represen- The issuing^nand tatives of the United States of America, in Congress assembled, ^"nueYTnloree That the authority granted to the secretary of the departmentfor fiTeyears- of war, by an act, approved the twenty-fourth day of February, one thousand eight hundred and nineteen, to issue warrants for the military land bounties, to persons entitled thereto, shall be revived and continued in force for the term of five years. [Approved, May 26, 1824.] CHAPTER 134. An act for arming the Militia of the District of Columbia.* Sec 1. Be it enacted by the Senate and House of Represen- Actg of sea April, tatives of the United States of America, in Congress assembled, wlns^or^mtog That the act of the twenty-third of April, one thousand eight *e «jf£. «£& hundred and eight, entitled "An act making provision,, for of Columbia. £ * See chapter 59, with note thereon. 218 arming and equipping the whole body of the militia of the United States," be, and the same is hereby, declared to extend to the District of Columbia; and the President of the United States is hereby authorized and directed to issue arms and mili- tary equipments to the militia of said District, under such re- gulations for the return thereof as he may deem it proper to prescribe. [Approved, March 3, 1825.] CHAPTER 135. An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes.* Any person within Sec 1. Be it enacted by the Senate and House of Represen- shai/maiidousTy110 tatives of the United States of America, in Congress assembled, housean&cdwtellisugf" That if any person or persons, within any fort, dock-yard, navy- fer death. yard, arsenal, armory, or magazine, the site whereof is ceded to, and under the jurisdiction of, the United States, or on the site of any light-house, or other needful building belonging to the United States, the site whereof is ceded to them, and under their jurisdiction, as aforesaid, shall, wilfully and maliciously, burn any dwelling house, or mansion house, or any. store, barn, stable, or other building, parcel of any dwelling or mansion house, every person, so offending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, suffer death. Any person wiifuiiy Sec 2. And be it further enacted, That if any person or wy'arsenai, &c&to persons, in any of the places aforesaid, shall, wilfully and ma- be fined and im- lieiously, set fire to, or burn, any arsenal, armory, magazine, rope-walk, ship-house, warehouse, block-house, or barrack, or any store-house, barn, or stable, not parcel of a dwelling-house, or any other building not mentioned in the first section of this act, or any ship or vessel, built, or building or begun to be built, or repairing, or any light-house, or beacon, or any timber, ca- bles, rigging, or other materials for building, repairing, or fitting out, ships, or vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualling stores, arms, or other munitions of war, every person, so offending, his or her .counsellors, aiders, and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence. 'fed^an-TSr Sec* 3* And he to farther enacted, That, if any offence * Although the offences defined by this act, come under the jurisdiction of the civil tribunals, it was thought the insertion of such of its provisions as relate to military and naval stations, would be in place here. 219 shall be committed in any of the places aforesaid, the Punis^"thafor*f¥^,"",f ment of which offence is not specially provided for by any law which is not pro- of the United States, such offence shall, upon a conviction in pother lawo"the any court of the United States having cognizance thereof, be ^n^y^rt liable to, and receive, the same punishment as the laws of the thereof, be deau state in which such fort, dock-yard, navy-yard, arsenal, armory, ^e laws ofthe state. or magazine, or other place, ceded as aforesaid, is situated, provide for the like offence, when committed within the body of any county of such state. Sec 12. And be it farther enacted, That, if any officer ofofany officer ofthe the United States shall be guilty of extortion, under or by color 0f extortion* sw T of his office, every person so offending shall, on conviction thereof, be punished by fine, not exceeding five hundred dollars, or by imprisonment, not exceeding one year, according to the aggravation ofthe offence. [Approved, March 3, 1825.] CHAPTER 136. An act to authorize the sale of unserviceable Ordnance, Arms, and Military Stores. Sec 1. Be it enacted by the Senate and House of Represen- The rodent of tatives of the United States of America, in Congress assembled, lob^sold^n^ord- That the President of the United States be, and he is hereby, nanet^s^ ada^as- authorized to cause to be sold any ordnance, arms, ammunition gree, as renders ,. ..., , . vi . ■ them useless to the or other military stores, or subsistence, or medical supplies, pubiic service. which, upon proper inspection or survey, shall appear to be damaged, or otherwise unsuitable for the public service, when- ever, in his opinion, the sale of such unserviceable stores will be advantageous to the public service. Sec 2. And be it further enacted, That the inspection or sur- The inspect;™ or p ,i • 1, i . i ini ii ■ x survey to be made vey of the unserviceable stores shall be made by an inspector- Dy an inspector- general, or such other officer or officers as the secretary of warsenera1, may appoint for that purpose; and the sales shall be made under such rules and regulations as may be prescribed by the secretary of war. [Approved, March 3, 1825.] CHAPTER 137. An act concerning the United States Arsenal in Georgia. Sec 1. Beit enacted by the Senate and House of Represen- secrecy or™ to tatives ofthe United States ofAmerica,in Congress assembled,™^*™!*,™} That the secretary of war be, and he is hereby, authorized to 220 Augusta, a proper cause to be purchased, in the vicinity of Augusta, a suitable site arMnaj.an U S f°r an United States' arsenal, and to be erected thereon such buildings as may be necessary, in lieu of those at this time Proviso. occupied for such purpose: Provided, such site can be obtained upon reasonable terms, and with a proper regard to health, and Proviso-consent of to the public convenience: And provided, also, That the con- tie'^fTaTd^teloSent of the proper authorities of the state of Georgia shall be ik first obtained, given thereto, and the jurisdiction over the same be ceded to the United States. a sum not exceed- Sec 2. And be it further enacted, That a sum not exceed- appropriated0,tic', ing seventy thousand dollars be, and the same is hereby, appro- priated for the objects aforesaid, out of any money in the trea- sury not otherwise appropriated. And that the secretary of war be, and he is hereby, authorized to cause to be sold, or otherwise disposed of, the buildings above mentioned, at pre- sent used as an arsenal, with the ground on which they stand, so as may best conduce to the public interest, and to the object aforesaid. [Approved, May 20, 1826.] CHAPTER 138. An act to authorize the Secretary of the War Department to purchase a site for an Arsenal at St. Louis, in the State of Missouri, and to provide for the erection of an arsenal on the same. secretary of war to Sec 1. Be it enacted by the Senate and House of Represen- ^amnai'at'or'in tatives ofthe United States of America, in Congress assembled, thejicinity of Mis- That the secretary of the war department be, and is hereby, authorized to purchase, as soon as it can be effected, on reason- able terms, a site for an arsenal, at or in the vicinity of St. Louis, Missouri; and to cause to be erected such an arsenal on the same, as may be deemed proper for the safe-keeping of the arms and munitions of the United States, on that frontier; and that for these purposes the sum of fifteen thousand dollars be, and the same is hereby, appropriated out of the moneys of [in] the treasury not otherwise appropriated. [Approved, May 20, 1826.] CHAPTER 139. An act regulating the accountability for clothing and equipage issued to the army of the United States, and for the better organization of the Quartermaster's Department. D.ties oiikt qnar- Sec 1. Be it enacted by the Senate and House ofRepresen- ■^■tfin'addi'ionto tatives of the United States of America,in Congress assembled, itiPre.«td.ue.. That it shall be fa duty of fa quartermaster's department, in 221 addition to ,its present duties, to receive, from the purchasing department, and distribute to the army of the United States, all clothing and camp and garrison equipage required for the use of the troops, and that it shall be the duty of the quartermas- ter-general, under the direction of the secretary of war, to pre- scribe and enforce, under the provisions of this act, a system of accountability for all clothing and equipage issued tc* the army. Sec 2. And be it further enacted, That every captain, or Every captain or commander of a company, detachment, or recruiting station, or comply,"tc.°t the other officer, who shall have received clothing or camp equipage qU^rte"°"t°f e^ke for the use of his command, or for issue to the troops, shall returns 0f supplies. render to the quartermaster-general, at the expiration of each regular quarter of the year, quarterly returns of such supplies, according to the forms which may be prescribed, accompanied by the requisite vouchers for any issues that shall have been made; which returns and vouchers, after due examination by the quartermaster-general, shall be transmitted for settlement to the proper office of the treasury department. Sec 3. And be it farther enacted, That it shall be the duty Dutj of ail officers of all officers charged with the issue of clothing, or other sup- Lu.eg of Tiothing6, plies, carefully to preserve the same from waste or damage;etc" and, in case of deficiency, on final settlement of any article of supplies, the value thereof shall be charged against the delin- quent, and deducted from his monthly pay, unless he shall show, to the satisfaction of the secretary of war, by one or more depo- sitions, setting forth the circumstances ofthe case, that the said deficiency was occasioned by unavoidable accident, or was lost in actual service, without any fault on his part; and, in case of damage, he shall also be subject to charge for the damage ac- tually sustained, unless he shall show, in like manner, to the satisfaction of the secretary of war, that due care and attention were given to the preservation of said supplies, and that the damage did not result from neglect. Sec 4. Andbe it further enacted, That, the better to enable Two additional , y • pp i • quartermasters, and the quartermaster s department to carry into effect the provi- ten assistant quar- sions of this act, there be appointed two additional quar- panted?" termasters, and ten assistant quartermasters, to be taken from the line of the army, who shall have the same rank and com- pensation as are provided for like grades by the act, entitled "An act to reduce and fix the military peace establishment of the United States," approved the second day of March, one thousand eight hundred and twenty-one:* Provided, That as- Proviso. sistant quartermasters be entitled, also, to receive the allowance of forage heretofore authorized, by law, to regimental and bat- talion quartermasters. Sec 5. And be it further enacted, That each officer ap-Eack officer ap- i* i n i p t. !_• 1 x- pointed to give pointed under this act, shall, before he enter upon nis duties, bond and security. give bond, with sufficient surety, to be approved by the secre- * See chapter 128, section 7. 222 tary of war, in such sum as the President shall direct, with con- dition for the faithful performance of the duties of his office. [Approved, May 18, 1826.] CHAPTER 140. An act giving further compensation to the Captains and Subalterns of the army of the United States, in certain cases. After the passage of Sec 1. Be it enacted by the Senate and House of Represent- tato Vte'.^oXe^v-tatives °f the United States of America, in Congress assembled, lowed an additional That, from and after the passing of this act, each captain and subaltern in the army shall be allowed one additional ration. Every officer, in Sec 2. And be it farther enacted, That every officer in the sctuai command of actual command of a company in the army of the United States, armyo^toe 'u. s. shall be entitled to receive ten dollars per month additional pay, TOonth*1YldditioPeai as compensation for his duties and responsibilities, with respect **?• to the clothing, arms, and accoutrements of the company, whilst _ . he shall be in the actual command thereof: Provided, That no subaltern officer who shall be in the performance of any staff duty, for which he receives an extra compensation, shall be en- titled to the additionel ration herein provided for. [Approved, March 2, 1827.] CHAPTER 141. An act authorizing the establishment of an Arsenal, in the town of Augusta, in Maine. seiritory «f war Sec 1. Be it enacted by the Senate and House of Represen- Ar^^mji8 to tatives of the United States of America, in Congress assembled, A*£wta. That the secretary of the department of war be, and he is here- by, authorized and required to purchase, as soon as it can be effected, on reasonable terms, a site for an arsenal, in the. town of Augusta, in the state of Maine; and to cause to be erected thereon such an arsenal as may be deemed proper, for the safe- keeping of the arms and munitions of the United States, for the northern and eastern frontier; and that, for these purposes, the sum of fifteen thousand dollars be, and the same is hereby, ap- propriated, out of any money in the treasury not otherwise ap- propriated. [Approved, March 3, 1827.] 223 CHAPTER 142. An act to prevent defalcations on the part of the Disbursing Agents of the Go- vernment, and for other purposes.* Sec 1. Be it enacted by the Senate and House of Represen- Nr?atmd0,^ybeapP[d°to tatives of the United States of America, in Congress assembled, persons in arrears That no money hereafter appropriated shall be paid to any per-t0 son, for his compensation, who is in arrears to the United States, until such person shall have accounted for, and paid into the treasury, all sums for which he may be liable: Provided, That Proviso • nothing to nothing herein contained shall be construed to extend to balances tend°tobalance""" arising solely from the depreciation of treasury notes received prSon^f^rea- by such person, to be expended in the public service; but in allsurynotes. cases where the pay or salary of any person is withheld, in pur- suance of this act, it shall be the duty of the accounting officers, if demanded by the party, his agent or attorney, to report, forth- with, to the agent of the treasury department, the balance due; and it shall be ■the duty of the said agent, within sixty days thereafter, to order suit to be commenced against such delin- quent and his sureties. [Approved, January 25, 1828.] CHAPTER 143. An act authorizing the establishment of an Arsenal on the waters of Mobile or Pensacola Bays. Sec 1. Be it enacted by tlie Senate and House of Represen- secretary of war tatives ofthe United States of America, in Congress assembled,™f°™^f^_ That the secretary of war be, and he is hereby, authorized and Me terms, a site for J ' i a> i 1,1 an arsenal on the required to procure, as soon as it can be effected, on reasonable watersof Mobile or terms, a site for an arsenal on the waters of Mobile or Pensa-Fensacola Bays" cola Bays, and to cause to be erected thereon such an Arsenal as may be deemed proper, for the safe-keeping of the arms and munitions of war of the United States, for the Mexican Gulf frontier: and that for these purposes the sum of fifty thousand dollars be, and the same is hereby, appropriated out of any money in the treasury not otherwise appropriated. [Approved, May 24, 1828.] * See chapter 171. 224 CHAPTER 144. Resolution to authorize the President to loan the Barracks at Sackett's Harbor to the Trustees of a Scientific and Military School to be established there. Tbe Madison bar- Resolved, by the Senate and House of Representatives of racks, at Sackett's the United States of America, in Congress assembled, That the Harbor,to be loaned . tt • io i 1 1 • 1 i 1 • . to the military and President of the United States be, and he is hereby, authorized De,ee"tabMshed°in ° to loan to the trustees of a military and scientific school, to be Jefferson county, established in Jefferson county, state of New York, the Madi- Proviso. son barracks, at Sackett's Harbor: Provided, The said trus- tees do contract to keep the same in good repair, order, and preservation. [Approved, May 24, 1828.] CHAPTER 145. * An act to continue the present mode of supplying the army of the United States. Sections 6, 7,8,9, Sec 1. Be it enacted by the Senate and House of Represen- 14, isis; aand Pec- tatives of the United States of America, in Congress assembled, i&firattauWrTnat tne sixth, seventh, eighth, ninth, and tenth sections of the 5years. act? entitled, "An act regulating the staff of the army of the United States,"* passed April the fourteenth, eighteen hundred and eighteen, and the eighth section of the act, entitled "An act to reduce and fix the military peace establishment of the United States,"! passed March the second, eighteen hundred and twenty-one, are hereby continued in force for five years from the passing of this act, and thence to the end of the next session of Congress thereafter, and no longer. Two commissaries Sec 2. And be it further enacted, That the better to enable the commissary-general of subsistence to carry into effect the provisions of the above specified acts, there be appointed two commissaries, to be taken from the line of the army, one of whom shall have the same rank, pay, and emoluments, as quar- termaster, and the other with the rank, pay, and emoluments of assistant quartermaster.:}: [Approved, March 2, 1829.] created. * See chapter 115. f See chapter 128. $ See chapter 168. 225 CHAPTER 146. An act to authorize the re-conveyance of a lot of land to the Mayor and Corpora- tion of the City of New York. Whereas the Mayor and Corporation of the City of New York, on the sixth May, one thousand eight hundred and eight, did convey to the United States, a lot of land at the foot of Hu- bert street, in the city of New York, called the North Bat- tery, "so long as the same should be used and applied to the defence and safety of the port of New York, and no longer." Sec 1. Be it therefore enacted by the Senate and House of Presidentofthe tj. Representatives of the United States of America, in CongressconveyNorth Bat- assembled, That whenever the President of the United States Ky^kfetc?1" shall determine that the said lot is no longer useful for the pur- poses aforesaid, he be, and he hereby is, authorized to cause the same to be re-conveyed to the Mayor and Corporation of New York, the works thereon to be dismantled, and the ma- terials thereof to be disposed of, in such manner, as, in his judg- ment, the public interest may require. [Approved, May 10, 1830.] CHAPTER 147. Ab act to alter and amend the sixty-fifth article of the first section of an act, en- titled "An act for establishing rules and articles for the government of the armies of the United States,"* passed the tenth of April, one thousand eight hundred and six. Sec 1. Be it enacted by the Senate and House of Represen- cou^u-Manw ^ tatives of the United States of America, in Congress assembled, appointed by the m That, whenever a general officer commanding an army, or a uu^'ed'state*' colonel commanding a separate department, shall be the accuser or prosecutor of any officer in the army of the United States, under his command; the general court-martial for the trial of such officer shall be appointed by the President of the United States. Sec 2. And be it further enacted, That the proceedings and sentence of the said court shall be sent directly to the se- cretary of war, to be by him laid before the President for his confirmation, or approval, or orders in the case. Sec 3. And be it farther enacted, That so much of the sixty-fifth article of the first sectfon of "An act for establishing rules and articles for the government of the arnres ofthe United States," passed on the tenth of April, eighteen hundred and six, as is repugnant hereto, be, and the same is hereby, repealed. [Approved, May 29, 1830.] * See chapter 53. 15 226 CHAPTER 148. An act to exempt deserters, in time of peace, from the punishment of death. Sec 1. Be it enacted by tlie Senate and House of Represen- tatives of the United States of America, in Congress assembled, That from and after the passage of this act, no officer or soldier in the army of the United States, shall be subject to the pun- ishment of death, for desertion in time of peace. [Approved, May 29, 1830.] l'wi\tse of land ■vnih.-w'urz4. CfflrmsG. ffmfeo. Kefem «£ judjr- CHAPTER 149. An act to authorize the Secretary of War to purchase an additional quantity of land for the fortifications at fort Washington, on the river Potomac. Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That the secretary of war be, and he is hereby, authorized to purchase, in fee simple, from the executrix or trustees of Wil- liam Dudley Diggs, deceased, a certain piece of land required for the complete defence of the w7orks at fort Washington, on the Potomac, according to a survey of the same, deposited in the topographical bureau, at Washington: Provided, the said purchase can be effected for the release of the amount of a judgment against William Dudley Diggs, deceased, for thirteen thousand three hundred and sixty-nine dollars and eighty-seven cents, with interest from ninth June, one thousand eight hundred and nineteen, until paid, and costs, which the sureties of the late Robert Brent have assigned to the United States: And provided, furtlier, That those who are legally authorized to convey the said land shall make and execute a good title thereto, in fee simple, with an acquittance of all claims against the United States, for the previous use or occupation of all or any portion of the premises, or for any alleged injury to an ad- jacent fishery, the right and title to which is to be released to the United States. Sec 2. And be it further enacted, That, upon the comple- tion of the above purchase, on the terms and conditions speci- fied, the proper officer of the United States shall be, and he hereby is, authorized to enter up satisfaction upon the judgment aforesaid. ». [Approved, March 2, 1831.] 227 CHAPTER 150. An act providing for the organization of the ordnance department. Sec 1. Be it enacted by the Senate and House of Represen- ordnance depart- tatives of the United States of America, in Congress assembled, etc. That from and after the passage of this act, the ordnance de- partment shall consist of one colonel, one lieutenant-colonel, two majors, and ten captains, and as1 many enlisted men as the public service may require, not exceeding two hundred and fifty. Sec 2. And be it farther enacted, That the secretary of war ordnance ,<■<■- be authorized to select from the sergeants ofthe line of the army,sean who shall have faithfully served eight years in the service, four years of which in the grade of non-commissioned officer, as many ordnance sergeants as the service may require, not to exceed one for each military post; whose duty it shall be to receive and preserve the ordnance, arms, ammunition, and other military stores, at the post under the direction of the commanding officer of the same, and under such regulations as shall be prescribed by the secretary of war, and who shall receive for their services five dollars per month in addition to their pay in the line. Sec 3. And be it farther enacted, That the first section of the act passed on the eighth of February, one thousand eight hundred and fifteen, entitled "An act for the better regulation of the ordnance department;"* and so much of the second section of the act, entitled "An act to reduce and fix the military peace establishment of the United States,"! passed the second of March, one thousand eight hundred and twenty-one, as provides for one supernumerary captain to each regiment of artillery, to perform ordnance duty, and so much of the fourth section of the same act as merges the ordnance department in the artillery, and reduces the number of enlisted men, be, and the same are hereby repealed: Provided, That nothing contained in this act Proviso. shall be so construed as to divest the President of the United States of authority to select from the regiments of artillery such number of lieutenants as may be necessary for the performance of the duties of the ordnance department. Sec 4. And be it farther enacted, That all officers and en- Government, and listed men authorized by this act, shall be subject to the rulespay" and articles of war, and that the officers shall receive the pay and emoluments now allowed or which may hereafter be allowed, to artillery officers. [Approved, April 5, 1832.] * See chapter 99. t See chapter 128. 228 CHAPTER 151. Resolution respecting the pay of the Marines. Resolved by tlie Senate and House of Representatives ofthe United States of America, in Congress assembled, That the pay, subsistence, emoluments, and allowances of officers, non-com- missioned officers, musicians and privates of the United States Marine Corps, shall be the same as they were previously to the first of April, one thousand eight hundred and twenty-nine, and shall so continue until they shall be altered by law. [Approved, May 25, 1832.] CHAPTER 152. An act to authorize the President to raise mounted volunteers for the defence of the frontier.* Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby, authorized to raise, either by the acceptance of volunteers, or enlistment for one year, unless sooner discharged, six hundred How armed etc. niounted rangers, to be armed, equipped, mounted, and organ- ized in such manner, and to be under such regulations and re- strictions as the nature of the service may, in his opinion, make necessary. Organization. Sec 2. And be it further enacted, That each of the said companies of rangers shall consist of one captain, one first, one second, and one third lieutenant; five sergeants, five corporals, and one hundred privates; the whole to form a battalion, and be commanded by a major. „ . , , , Sec 3. And be it further enacted, That the said non-com- rnvates.etc. to arm -f in 1 • 1 and equip them- missioned officers and privates shall arm and equip themselves unless otherwise ordered by the President, and provide their own horses, and shall be allowed each one dollar per day as a full compensation for their services and the use of their arms ofte*rs' and an(l fi°rses> The commissioned officers shall receive the same «»ncrai»em8. pay and emoluments as officers of the same grade in the army of the United States, and the officers shall be allowed forage for their horses, and be entitled to the same rations as those of the same grade in the army of the United States, respectively. rrovision in cw* of Sec 4. And be it farther enacted, That the officers, non- liability, commissioned officers, and privates, raised pursuant to this act, shall be entitled to the like compensation, in case of disability * Superseded by act of 2d March, 1833, chapter 160. 229 by wounds or otherwise, incurred in the service, as has here- tofore been allowed to officers, non-commissioned officers, and privates in the military establishment of the United States; and corps subject to shall be subjected to the rules and articles of war, and such 0f war? regulations as have been or shall be established according to law for the government of the army of the United States, as far as the same may be applicable to the said rangers within the intent and meaning of this act, for the protection and defence of the North Western frontier of the United States. Sec 5. And be it further enacted, That the President ofthe officer*, how ap- United States, by and with the advice and consent of the Se- P°mted- nate, is hereby authorized to appoint all the officers proper to be appointed under this act; which appointments may be made during the recess of the Senate, but shall be submitted to the Senate at their next session for their advice and consent; and that the sum of fifty thousand dollars be, and the same is here- by appropriated for the purpose of carrying this act into effect. [.Approved, June 15, 1832.] CHAPTER 153. An act to increase the number of Surgeons and Assistant Surgeons in the Army of the United States.* Sec 1. Be it enacted by the Senate and House of Represen- Four sur-eons ^j tatives of the United States of America, in Congress assembled,tfiaiU'seons,mHf*' That the President be, and he is hereby authorized, by and with the advice and consent of the Senate, to appoint four ad- ditional surgeons and ten additional surgeon's mates, in the army of the United States. [Approved, June 28, 1832.] CHAPTER 154. An act making provision for the sale and disposition of the public grounds in the cities of St. Augustine and Pensacola, and to reserve certain lots and buildings for public purposes, and to provide for their repair and preservation. [exthact.] Sec 5. And be it farther enacted, That the President off*rlofcerta«"'»*- " ' pi "ry f eservatiosw ** the United States is hereby authorized to dispose of such part be sow, and the of the military reservations in the city of Detroit, and upon the PdTn "the ?■?(*** river Rouge, in the Territory of Michigan, as in his opinion orerec,io**f* •See chapter 175, further increasing the medical stall*. 230 •t«rehou«f..wharf, may not be wanted for the public service, and to vest the pro- ceeds in the purchase or election of a storehouse and wharf in the said city of Detroit, and in the erection of an arsenal in the vicinity thereof, either upon the public lands, or upon a site to be procured for that purpose. [Approved, June 28, 1832.] CHAPTER 155. An act supplementary to the several acts making appropriation for the civil and military service during the year one thousand eight hundred and thirty-two. [extract.] District paymasters ^ec 3* And be it farther enacted, That it shall be the duty ofthe army directed of the district paymasters of the army of the United States, in aiitroopsinthe ser-addition to the payments required to be made by them to the regular troops, to make payment to all other troops in the ser- vice of the United States, whenever required thereto by order of the President. [Approved, July 14, 1832.] rice of the V. S CHAPTER 156. Resolution to repeal a resolution, approved the twenty-ninth day of April, one thousand eight hundred and sixteen,* authorizing the President of thc United States to employ a skilful assistant in the corps of engineers. joint resolution of Resolved by the Senate and House of Representatives of the repeated'1'1816; United States of America, in Congress assembled, That, from and after the first day of October next, the joint resolution, approved the twenty-ninth day of April, one thousand eight hundred and sixteen, authorizing the President of the United States to employ a skilful assistant in the corps of engineers, be, and the same is hereby, repealed. [Approved, July 14, 1832.] CHAPTER 157. An act concerning certain officers of the Marine Corps. Allowance autho- Sec 1. Be it enacted by the Senate and House of Representa- ©SfceMoVtne11 tives ofthe United States of America, in Congress assembled, That mariBe corps. lhe president of the United States be, and he hereby is, autho- *See chapter 108. 231 rized to cause to be allowed and paid to such officers of the ma- rine corps, as have heretofore received the brevet rank of majors in said corps, the amount of pay and emoluments to which they would have been entitled as commandants of separate sta- tions, if said brevet rank had been recognized by the navy de- partment: Provided, That no officer shall receive under this act rror«* more than the difference between the pay and emoluments ac- tually received by them, and those to which their said brevet rank would have entitled them as aforesaid. [Approved, July 14, 1832.] CHAPTER 158. An act making appropriations for the support of the army for the year one thousand eight hundred and thirty-three. [extract.] Sec 2. And be it further enacted, That the secretary ofCom».*si«tM war be authorized, at his discretion, out of the moneys appro- pay"1**'"* priated by this, or any former act, for the payment of the militia ordered into the service of the United States, according to law, during the last year, to allow and pay to the district paymasters of the army of the United States employed in making such payments, a commission on the sums respectively paid by them, not exceeding one per centum upon the amounts. [Approved, March 2, 1833.] CHAPTER 159. An act to improve the condition of the non-commissioned officers and privates of the army and marine corps of the United States, and to prevent desertion. Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That, from and after the passage of this act, all enlistments in a™<>- the army ofthe United States, shall be for three years; and ment, *»(2 [,..> that the monthly pay of the non-commissioned officers and sol- diers, shall be as follows, viz: to each sergeant-major, quarter- master-sergeant, and chief musician, sixteen dollars; to the first sergeant of a company, fifteen dollars; to all other sergeants,, twelve dollars each; to each artificer, ten dollars; to each cor- poral, eight dollars; and to each musician and private soldier, six dollars ; and that all enlistments in the marine corps, shall Ttl^rllr^minif be for four years; and that the monthly pay of the non-commis-and w- sioned officers and soldiers in said corps, shall be as follows, viz: to each sergeant-major and quartermaster-sergeant, seven- 232 $1, of monthly to be retained, Bounty for re-en- listmenfc. Fay of re-enlisted men. Premiums and bounties abolished. No convict to be enlisted. teen dollars ; to the drum-major, fife-major, the orderly sergeants of posts, and first sergeants of guards at sea, sixteen dollars each; to all other sergeants, thirteen dollars ; to each corporal, nine dollars; to each musician, eight dollars; and to each pri- vate, seven dollars. y Sec 2. And be it farther enacted, That one dollar of the * monthly pay of every musician and private soldier, shall be re- tained until the expiration of the two first years of their enlist- ment, when each shall receive the twenty-four dollars retained pay, which shall have so accrued: Provided, He shall have served honestly and faithfully that portion of the term of his first enlistment. Sec 3. And be it farther enacted, That every able bodied musician or private soldier, who may re-enlist into his company or regiment, within two months before, or one month after, the expiration of his term of service, shall receive two months' extra pay, besides the pay and other allowances which may be due to him on account of the unexpired period of any enlist- ment. Sec 4. And be it further enacted, That every able bodied musician or soldier, who shall re-enlist into his company or regiment, as specified in the third section of this act, shall re- ceive his full pay, at the rate of six dollars per month, without any temporary deduction therefrom. Sec 5. And be it furtlier enacted, That no premium to officers, for enlisting recruits, nor bounties to recruits for enlist- ing, shall be allowed after the passage of this act. Sec 6. And be it further enacted, That no person who has been convicted of any criminal offence, shall be enlisted into the army of the United States. Sec 7. And be it farther enacted, That the seventh section of the act, entitled "An act making further provision for the army of the United States," passed on the sixteenth May, one thousand eight hundred and twelve, be, and the same is hereby, repealed, so far as it applies to any enlisted soldier, who shall be convicted by a general court-martial of the crime of deser- tion.* [Approved, March 2, 1833.] CHAPTER 160. An act for the more perfect defence of the frontiers. Sec 1. Be it enacted by the Senate and House of Represen- Regiment of dra- tatives of the United States of America, in Congress assembled, goons created. . . ,. n , -, i- p i ~ , * , . 1 hat m lieu of the battalion of mounted rangers authorized by " See chapter 74, and article 87, chapter 53, with the notes thereon. 233 the act of the fifteenth of June, one thousand eight hundred and thirty-two,* there be established a regiment of dragoons, to be composed and organized as follows, to wit: one colonel, organization. one lieutenant-colonel, one major, one quartermaster-sergeant, and two chief buglers, one adjutant, who shall be a lieutenant, one sergeant-major, one chief musician, and ten companies; each company to consist of one captain, one first lieutenant, and one second lieutenant, exclusive of the lieutenant who is to be the adjutant ofthe regiment; four sergeants, one of whom shall act as quartermaster-sergeant to the company, four cor- porals, two buglers, one farrier, and blacksmith, and sixty privates. Sec 2. And be it further enacted, That the officers, non-Fay when mounted. commissioned officers, musicians, and privates, when mounted, be entitled to the same pay and emoluments as was allowed to dragoons during the war,f and when on foot, the same pay and ray when on foot. emoluments as are now allowed to the officers, non-commission- ed officers, musicians, and privates, of a regiment of infantry ;\ and that the farrier and blacksmith be allowed the same pay and allowances, as are allowed to an artificer of artillery. Sec. 3. And be it farther enacted, That the said regiment To serve on horse of dragoons shall be liable to serve on horse, or foot, as the toruksandarUclel President may direct; shall be subject to the rules and articles ofwar>&c- of war, be recruited in the same manner, and with the same limitations; that the officers, non-commissioned officers, musi- cians, farriers, and privates, shall be entitled to the same pro- visions for wTounds and disabilities, the same provisions for widows and children, and the same allowances and benefits in every respect, as are allowed the other troops constituting the present military peace establishment. Sec 4. And be it farther enacted, That the President of President may can ? the United States, be authorized to carry into effect this act, asact int0 effect' soon as he may deem it expedient, and to discharge the present battalion of mounted rangers, on their being relieved by the said regiment of dragoons. Sec 5. And be it farther enacted, That the sum required Appropriate. to carry into effect the provisions of this act, is hereby appro- priated, in addition to the appropriations, for the military estab- lishment for the year one thousand eight hundred and thirty- three. [Approved, March 2, 1833.] * See chapter 152. f See chapter 57, section 4. % See chapter 159, section 1. 234 CHAPTER 161. An act to increase and regulate the pay of the surgeons and assistant surgeons of the army. Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, Appointment of That from and after the passing of this act, no person shall re- surgeons and as- ceive the appointment of assistant surgeon in the army of the United States, unless he shall have been examined and approv- ed by an army medical board, to consist of not less than three surgeons or assistant surgeons, wrho shall be designated for that purpose by the secretary of war; and no person shall receive the appointment of surgeon in the army of the United States, unless he shall have served at least five years as an assistant surgeon, and unless, also, he shall have been examined by an army medical board constituted as aforesaid. Pay and emoiu- Sec 2. And be it farther enacted, That the surgeons in the army of the United States shall be entitled to receive the pay and emoluments of a major; and the assistant surgeons, who shall have served five years, shall be entitled to receive the pay and emoluments of a captain; and those who shall have served less than five years, the pay and emoluments of a first lieuten- ant; and that said assistant surgeons shall be entitled to receive the same allowance for forage as they are at present entitled to. increase or rations Sec 3. And be it further enacted, That eveiy surgeon and sen-icr*" y**s assistant surgeon, who shall have served faithfully ten years in these grades, respectively, shall be entitled to receive an increase of rations, per day, equal to the number of rations to which he may be entitled under this act. [Approved, June 30, 1834.] CHAPTER 162. An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.* Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That all that part of the United States west of the Mississippi, and not within the States of Missouri and Louisiana, or the Territory of Arkansas, and, also, that part of the-United States east of the Mississippi river, and not within any state to which *This act relates chiefly to Indian affairs; but as the execution of some of its provisions devolves upon the commanders of the posts on the frontiers, its inser- tion, at large, in this place, was deemed advisable, the more especially as military officers may be required to execute the duties of Indian agents.—See chapter 163, section 4. Certain United States Territory to be deemed In- dian country. 235 the Indian title has not been extinguished, for the purposes of this act, be taken and deemed to be the Indian country. Sec 2. And be it further enacted, That no person shall v"\°T^^\l be permitted to trade with any of the Indians (in the Indian be licensed. country) without a license therefor from a superintendent of Indian affairs, or Indian agent, or sub-agent, which license shall be issued for a term not exceeding two years for the tribes east of the Mississippi, and not exceeding three years for the tribes west of that river. And the person applying for such license shall give bond in a penal sum not exceeding five thousand dollars, with one or more sureties, to be approved by the person issuing the same, conditioned that such person will faithfully observe all the laws and regulations made for the government of trade and intercourse with the Indian tribes, and in no respect violate the same. And the superintendent of the district, shall have power to revoke and cancel the same, whenever the person licensed, shall, in his opinion, have transgressed any of the laws or regulations provided for the government of trade and inter- course with the Indian tribes, or that it would be improper to permit him to remain in the Indian country. And no trade with the said tribes shall be carried on within their boundary, except at certain suitable and convenient places, to be designated, from time to time, by the superintendents, agents, and sub-agents, and to be inserted in the license. And it shall be the duty of the persons granting or revoking such licenses, forthwith to re- port the same to the commissioner of Indian affairs, for his approval or disapproval. Sec 3. And be it farther enacted, That any superintendent, APPue»tion for or agent, may refuse an application for a license to trade, if he refuTed ™l \t is satisfied that the applicant is a person of bad character, oreense r"oke*- that it would be improper to permit him to reside in the Indian country, or if a license, previously granted to such applicant has been revoked, or a forfeiture of his bond decreed. But an appeal may be had from the agent or the superintendent to the commissioner of Indian affairs ; and the President of the United States shall be authorized, whenever, in his opinion, the public interest may require the same, to prohibit the introduction of goods, or of any particular article, into the country belonging to any Indian tribe, and to direct all licenses to trade with such tribe to be revoked, and all applications therefor to be rejected; and no trader to any other tribe shall, so long as such prohibi- tion may continue, trade with any Indians of or for the tribe against which such prohibition is issued. Sec 4. And be it farther enacted, That any person other Forfeiture of good. than an Indian who shall attempt to reside in the Indian country ™**™t a"£n?™8 as a trader, or to introduce goods, or to trade therein without such license, shall forfeit all merchandise offered for sale to the Indians, or found in his possession, and shall moreover forfeit and pay the sum of five hundred dollars. Sec 5. And be it further enacted, That no license to trade citizens only to be with the Indians shall be granted to any persons except citizens lc' 236 Foreigners must obtain passports to go into the Indian country. Indians only to bar- ter with Indians. Other persons not to trap within their limits, Cattle not to be driten for forage on Indian lands. Intruders may be removed. Settlers may be driven off by mili- tary force. Purchases or .grants from In- dians invalid. of the United States: Provided, That the President shall be authorized to allow the employment of foreign boatmen and interpreters, under such regulations as he may prescribe. Sec 6. And be it further enacted, That, if a foreigner shall go into the Indian country without a-passport from the war de- partment, the superintendent, agent, or sub-agent of Indian affairs, or from the officer of the United States commanding the nearest military post on the frontiers, or shall remain intention- ally therein after the expiration of such passport, he shall for- feit and pay the sum of one thousand dollars; and such pass- port shall express the object of such person, the time he is allowed to remain, and the route he is to travel. Sec 7. And be it further enacted, That if any person other than an Indian shall, within the Indian country, purchase or receive of any Indian, in the way of barter, trade, or pledge, a gun, trap, or other article commonly used in hunting, any in- strument of husbandry or cooking utensils of the kind com- monly obtained by' the Indians in their intercourse with the white people, or any other article of clothing, except skins or furs, he shall forfeit and pay the sum of fifty dollars. Sec 8. And be it farther enacted, That if any person, other than an Indian, shall, within the limits of any tribe with whom the United States shall have existing treaties, hunt, or trap, or take and destroy, any peltries or game, except for subsistence in the Indian country, such person shall forfeit the sum of five hundred dollars, and forfeit ail the traps, guns, and ammunition in his possession, used or procured to be used for that purpose, and peltries so taken. Sec 9. And'be it furtlier enacted, That-if any person shall drive, or otherwise convey any stock of horses, mules, or cattle, to range and feed on any land belonging to any Indian or In- dian tribe, without the consent of such tribe, such person shall forfeit the sum of one dollar for each animal of such stock. Sec 10. And be it farther enacted, That the superintendent of Indian affairs, and Indian agents and sub-agents, shall have authority to remove from the Indian country, all persons found therein contrary to law; and the President ofthe United States is authorized to direct the military force to be employed in such removal. Sec 11. And be it farther enacted, That if any person shall make a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or shall survey, or shall attempt to survey such lands, or designate any of the boundaries by marking trees, or otherwise, such offender shall forfeit and pay the sum of one thousand dollars. And it shall, moreover, be lawful for the President of the United States to take such measures, and to employ such military force, as he may judge necessary to remove from the lands as aforesaid any such person as aforesaid. Sec 12. And be it further enacted, That no purchase, grant, lease, or other conveyance of lands, or of any title or 237 claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the constitution. And if any person, not employed under the authority of the United States, shall attempt to negotiate such treaty or conven- tion, directly or indirectly, to treat with any such nation or tribe of Indians, for the title or purchase of any lands by them held or claimed, such person shall forfeit and pay one thousand dol- lars: Provided, nevertheless, That it shall be lawful for the agent Proviso. or agents of any state who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner or com- missioners of the United States appointed to hold the same, to propose to, and adjust with the Indians, the compensation to be made for their claim to lands within such state which shall be extinguished by treaty. Sec 13. And be it farther enacted, That if any citizen or Penalty for sending other person residing within the United States or the territory 3> the'peace. thereof, shall send any talk, speech, message, or letter, to any Indian nation, tribe, chief, or individual, with an intent to pro- duce a contravention or infraction of any treaty or other law of the United States, or to disturb the peace and tranquility of the United States, he shall forfeit and pay the sum of two thousand dollars. Sec 14. And be it furtlier enacted, That if any citizen, or Arsons carrying other person^shall carry or deliver any such talk, message,9"' speech, or letter, to or from any Indian nation, tribe, chief, or individual, from or to any person or persons whatsoever, re- siding within the United States, or from or to any subject, citi- zen, or agent of any foreign power or state, knowing the con- tents thereof, he shall forfeit and pay the sum of one thousand dollars. Sec 15. And be it farther enacted, That if any citizen or Persons corres- other person, residing or living among the Indians, or elsewhere ^poVJ^wUh within the territory of the United States, shall carry on a cor- sfii^r,iews' respondence, by letter or otherwise, with any foreign nation or power, with an intent to induce such foreign nation or power to .excite any Indian nation, tribe, chief, or individual, to wTar against the United States, or to the violation of any existing treaty; or in case any citizen or other person shall alienate, or attempt to alienate, the confidence of any Indian or Indians from the government of the United States, he shall forfeit the sum of one thousand dollars. Sec 16. And be it further enacted, That where, in the com-Property of friendly . . . u f ' . re ' 1 Indians injured or mission, by a wdnte person, of any crime, onence, or miscle- destroyed, to be meaner, within the Indian country, the property of any friendly \^^m tw,te Indian is taken, injured or destroyed, and a conviction is had for such crime, offence, or misdemeanor, !];«■ person so convict- ed shall be sentenced to pay to such friendly Indian to whom the property may belong, or whose person may be injured, a sum equal to twice the just v iue of the property so taken, in- 238 jured, or destroyed. And if such offender shall be unable to pay a sum at least equal to the just value or amount, what'ever such payment shall fall short of the same shall be paid out of pr»vi.*o. the Treasury of the United States: Provided, That no such Indian shall be entitled to any payment, out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, shall have sought private reveno-e or attempted to obtain satisfaction by any force or violence: Further proviso. And provided also, That if such offender cannot be apprehend- ed and brought to trial, the amount of such property shall be paid out ofthe Treasury, as aforesaid. indemnification to Sec 17. And be it farther enacted, That if any Indian or pertyatalenrorPd^ Indians, belonging to any tribe in amity with the United States, case«ed in certain snaM> within the Indian country, take or destroy the pioperty of any person lawfully within such country, or shall pass from the Indian country into any State or Territory inhabited by citi- zens of the United States, and there take, steal, or destroy, any horse, horses, or other property, belonging to any citizen or in- habitant of the United States, such citizen or inhabitant, his representative, attorney, or agent, may make application to the proper superintendent, agent, or sub-agent, who, upon being furnished with the necessary documents and proofs, shall, under the direction Of the President, make application to the nation or tribe to which said Indian or Indians shall belong, for satis- faction; and if such nation or tribe shall neglect or refuse to make satisfaction, in a reasonable time, not exceeding twelve months, it shall be the duty of such superintendent, agent, or sub-agent, to make return of his doings to the commissioner of Indian affairs, that such further steps may be taken as shall be proper, in the opinion of the President, to obtain satisfaction for the injury; and, in the mean time, in respect to the property so taken, stolen, or destroyed, the United States guaranty, to rroTi$oe<. ^e Party so injured, an eventual indemnification: Provided, That, if such injured party, his representative, attorney, or agent, shall, in any way, violate any of the provisions of this act, by seeking or attempting to obtain private satisfaction or revenge, he shall forfeit all claim upon the United States for such indemnification: And provided, also, That, unless such claim shall be presented within three years after the commis- sion ofthe injury, the same shall be barred. And if the nation or tribe to which such Indian may belong, receive an annuity from the United States, such claim shall, at the next payment of the annuity, be deducted therefrom, and paid to the party injured; and, if no annuity is payable to such nation or tribe, then the amount of the claim shall be paid from the Treasury of the United States: Provided, That nothing herein contained shall prevent the legal apprehension and punishment of any Indians having so offended. superintendents, Sec 18. And be it farther enacted, That the superintendents, depMitfons.ke agents, and sub-agents, within their respective districts, be, and are hereby, authorized and empowered to take depositions of 239 witnesses touching any depredations within the purview of the two preceding sections of this act, and to administer an oath to the deponents. Sec. 19. And be it farther enacted, That it shall be the duty And shaii. procure ofthe superintendents, agents, and sub-agents to endeavor to S'lndians^SiH procure the arrest and trial of all Indians accused of commit- ting any crime, offence, or misdemeanor, and all other persons who may have committed crimes or offences within any State or Territory, and have fled into the Indian country, either by demanding the same of the chiefs of the proper tribe, or by such other means as the President may authorize; and the President may direct the military force of the United States to be employed in the apprehension of such Indians, and also in preventing or terminating hostilities between any of the Indian tribes. Sec 20. And be it farther enacted, That if any person shall penalty for dispos- sell, exchange, or give, barter, or dispose of, any spirituous l"qsuo°/3 tS'inS, liquor or wine to an Indian, (in the Indian country,) such per- son shall forfeit and pay the sum of five hundred dollars; and if any person shall introduce, or attempt to introduce, any spirituous liquor or wine into the Indian country, except such supplies as shall be necessary for the officers of the United States and troops of the service, under the direction of the war department, such person shall forfeit and pay a sum not exceed- ing three hundred dollars ; and if any superintendent of Indian search may be affairs, Indian agent, or sub-agent, or commanding officer of ai7quors.°r' military post, has reason to suspect, or is informed, that any white person or Indian is about to introduce, or has introduced, any spirituous liquor or wine into the Indian country, in viola- tion of the provisions of this section, it shall be lawful for such superintendent, Indian agent, or sub-agent, or military officer, agreeably to such regulations as may be established by the President of the United States, to cause the boats, stores, pack- ages, and places of deposite of such person to be searched, and if any such spirituous liquor or wine is found, the goods, boats, packages, and peltries of such persons shall be seized and de- livered to the proper officer, and shall be proceeded against by libel in the proper court, "and forfeited, one half to the use of the informer, and the other half to the use of the United States; and if such person is a trader, his license shall be revoked and his bond put in suit. And it shall moreover be lawful for any And they may be person in the service of the United States, or for any Indian, 4estI">?-• to take and destroy any ardent spirits or wine found in the Indian country, excepting military supplies as mentioned in this section. Sec 21. And be it farther enacted, That if any person Penalty for wti«s whatever shall, within the limits of the Indian country, set up up * dlst,u*r-f- or continue any distillery for manufacturing ardent spirits, he shall forfeit and pay a penalty of one thousand dollars; and it shall be the duty of the superintendent of Indian Affairs, Indian agent, or sub-agent, within the limits of whose agency the same 240 Apprehension of persons violating Ae provisions of «(vis act. Prciise shall be set up or continued, forthwith to destroy and break up the same; and it shall be lawful to employ the military force of the United States in executing that duty. ?n trials about pro- Sec 22. And be it farther enacted, That in all trials about ploo^toresronthe^fie right of property in which an Indian may be a party on one white person. side, and a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous pos- session or ownership. Sec 23. And be it further enacted, That it shall be lawful for the military force of the United States to be employed in such manner and under such regulations as the President may direct, in the apprehension of every person who shall or may be found in the Indian country, in violation of any of the pro- visions of this act, and him immediately to convey from said Indian country, in the nearest convenient and safe route to the civil authority of the territory or judicial district in which said person shall be found, to be proceeded against in due course of law; and also, in the examination and seizure of stores, pack- ages, and boats, authorized by the twentieth section of this act, and in preventing the introduction of persons and property into the Indian country contrary to law; which persons and property shall be proceeded against according to law: Provided, That no person apprehended by military force as aforesaid, shall be detained longer than five days after the arrest and before re- moval. And all officers and soldiers who may have any such person or persons in custody shall treat them with all the hu- manity which the circumstances will possibly permit; and every officer or soldier who shall be guilty of maltreating any such person while in custody, shall suffer such punishment as a court- martial shall direct. Sec 24. And be it farther enacted, That, for the sole purpose of carrying this act into effect, all that part of the Indian coun- try west of the Mississippi river, that is bounded nor'h by the north line of lands assigned to the Osage tribe of Indians, pro- duced east ofthe State of Missouri: west, by the Mexican pos- sessions ; south, by Red river; and east, by the west line of the Territory of Arkansas and the State1 of Missouri, shall be, and hereby is, annexed to the Territory of Arkansas; and that for the purpose aforesaid, the residue of the Indian country west of the said Mississippi river shall be, and hereby is, annexed to the judicial district of Missouri; and for the purpose afore- said, the several portions of Indian country east of the said Mississippi river, shall be, and are hereby, severally annexed to the Territory in which they are situate. i.mm of the united Sec 25. And be it further enacted, That so much of the ?«*uSi wt"* m laws °f United States as provides for the punishments of crimes, committed within any place within thc sole and exclusive juris- diction of the United States, shall be in force in the Indian JVoYiw. country: Provided, The same shall not extend to crimes com- vcrtiiu Indian rouatry annexed, *>» legal purposes to the district of Missouri, tic. 241 mitted by one Indian against the person or property of another Indian. Sec 26. And be it farther enacted, That if any person who offenders against shall be charged with a violation of any of the provisions or arrested iTlny* regulations of this act, shall be found within any of the Unitedstateorterritory' States, or either of the territories, such offenders may be there apprehended, and transported to the territory or judicial district having jurisdiction of the same. "Sec 27. And be it farther enacted, That'all penalties which Penalties, how to be shall accrue under this act, shall be sued for and recovered in sued fcr' an action of debt, in the name of the United States, before any court having jurisdiction of the same, (in any state or territory in which the defendant shall be arrested or found,) the one half to the use of the informer, and the other half to the use of the United States, except when the prosecution shall be first insti- tuted on behalf of the United States, in which case the whole shall be to their use. Sec 28. And be it farther enacted, That when goods or Proceedingsagains other property shall be seized for any violation of this act, it ^oper°ty.other shall be lawful for the person prosecuting on behalf of the United States to proceed against such goods, or other property, in the manner directed to be observed in the case of goods, wares, or merchandise brought into the United States in viola- tion of the revenue laws. Sec 29. And be it further enacted, That the following acts Certain acts and and parts of acts shall be, and the same are hereby, repealed, peaie.f.f aote re~ namely: An act to make provision relative to rations for Indians, and to their visits to the seat of Government, approved May thirteen, eighteen hundred; an act to regulate trade and inter- course with the Indian tribes, and to preserve peace on the frontiers, approved March thirty, eighteen hundred and two; an act supplementary to the act passed thirtieth March, eighteen hundred and two, to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers, approved April twenty-nine, eighteen hundred and sixteen; an act for the punishment of crimes and offences committed within the Indian boundaries, approved March third, eighteen hundred and seven- teen; the first and second sections of the act directing the manner of appointing Indian agents, and continuing the " Act establishing trading houses with the Indian tribes," approved April sixteenth, eighteen hundred and eighteen; an act fixing the compensation of Indian agents and factors, approved April twenty., eighteen hundred and eighteen; an act supplementary to the act entitled " An act to provide for the prompt settle- ment of public accounts," approved February twenty-four, eighteen hundred and nineteen; the eighth section of the act making appropriations to carry into effect treaties concluded with several Indian tribes therein mentioned, approved March three, eighteen hundred and nineteen; the second section ofthe act to continue in force for a further time the act entitled "An 16 242 act for establishing trading houses with the "Indian tribes, and for other purposes," approved March three, eighteen hundred and nineteen; an act to amend an act entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," approved thirtieth of March, eighteen hundred and two, approved May six, eighteen hundred and twenty-two; an act providing for the appointment of an agent for the Osage Indians west of the State of Missouri and territory of Arkansas, and for other purposes, approved May* eighteen, eighteen hundred and twenty-four; the third, fourth, and fifth sections of "An act to enable the President to hold treaties with certain Indian tribes, and for other purposes," approved May twenty-five, eighteen hundred and twenty-four; the second section of the "Act to aid certain Indians of the Creek nation in their removal to the west of the Mississippi," approved May twenty, eighteen hundred and twenty-six; and an act to authorize the appointment of a sub-agent to the Win- nebago Indians on Rock river, approved February twenty-five, Provisoes. eighteen hundred and thirty-one: Provided, however, That such repeal shall not effect [affect] any rights acquired, or punish- ments, penalties, or forfeitures incurred, under either of the acts or parts of acts, nor impair or affect the intercourse act of eighteen hundred and two so far as the same relates to or concerns Indian tribes residing east of the Mississippi: And provided also, That such repeal shall not be construed to revive any acts or parts of acts repealed by either of the acts or sections herein described. The agents for the Sec 30. And be it further enacted, That until a Western SSffta2e? Territory shall be established, the two agents for the Western etc. ' Territory, as provided in the act for the organization of the Indian department, this day approved by the President, shall execute the duties of agents for such tribes as may be directed by the President of the United States. And it shall be compe- tent for the President to assign to one of the said agents, in addition to his proper duties, the duties of superintendent for such district of country or for such tribes, as the President may think fit. And the powers of the superintendent at St. Louis over such district or tribes as may be assigned to such acting superintendent shall cease: Provided, That no additional com- pensation shall be allowed for such services. [Approved, June 30, 1834.] CHAPTER 163. An act to provide for the organization of the Department on Indian Affairs.* The duties of Gov- Sec 1. Be it enacted by the Senate and House of Represen- miZkL*01**tatives of the United States of America, in Congress assembled, That the duties of the governors of the territories of Florida and * This act, like the preceding one, is inserted at large here, from its connexion with the military service.—See section 4. 243 Arkansas, as superintendents of Indian affairs, shall hereafter superintendent*, to cease, and the duties of the governor of the territory of Michi- Those ot the Go- gan, as superintendent of Indian affairs, shall cease from and*^^^."" after the establishment of a new territory, embracing the coun- try west of Lake Michigan, should such a territory be estab- lished. And while the governor of the said territory of Michi- unui when, to re- gan continues to act as superintendent of Indian affairs, he ""* ^,ooo$perr~ shall receive therefor the annual sum of one thousand dollars, annum. in full of all allowances, emoluments, or compensation for ser- vices in said capacity. Sec 2. And be it further enacted, That there shall be a superintendence • . j p T ]• rc ' r n ±i_ t j* of Indian affairs for a supenntendency of Indian affairs for all the Indian country the country west of not within the bounds of any state or territory west of the Mis-the MlsslS91i>P1- sissippi river, the superintendent of which shall reside at St. The superintend- t • linn • l p PCL i i l ent to reside at St* Louis, and shall annually receive a salary ot hiteen hundred Louis. dollars. Sec 3. And be it further enacted, That superintendents of Duties of superm- Indian affairs shall, wathin their several superintendencies, ex- ercise a general supervision and control over the official con- duct and accounts of all officers and persons employed by the government in the Indian department, under such regulations as shall be established by the President of the United States; and may suspend such officers and persons from their office or employments, for reasons forthwith to be communicated to the secretary of war. Sec 4. And be it farther enacted, That the following Indian Indian agents to be agents shall be appointed by the President of the United States,app0U1 by and with the advice and consent of the Senate, who shall hold their offices for the term of four years, and who shall give bond, with two or more securities, in the penal sum of two thousand dollars, for the faithful execution of the same, and shall receive the annual compensation of fifteen hundred dol- lars. Two agents for the Western Territory. An agent for the Chickasaws. An agent for the Eastern Cherokees. An agent for the Florida Indians. An agent for the Indians in the state of Indiana. An agent at Chicago. An agent at Rock Island. An agent at Prairie du Chien. An agent for Michilimackinac and the Sault Sainte Marie. An agent for the St. Peter's. An agent for the Upper Missouri. And the following agencies shall be discontinued at the pe- A&™'* d;8«oB- riods herein mentioned, that is to say: The Florida agency, from and after the thirty-first day of December next. The Cherokee agency, from and after the thirty-first day of December next. The Indiana agency, from and after the thirty-first day of December, eighteen hundred and thirty-six. 244 The Chicago agency, from and after the thirty-first day of December next. The Rock Island agency, from and after the thirty-first day of December, eighteen hundred and thirty-six. And all other agencies, not provided for in this act, from and Proviso. after the passing thereof: Provided, That the limitation of the said agencies shall not be construed to prevent the President of the United States from discontinuing the same at an earlier pe- riod. And the President shall be, and he is hereby authorized, whenever he may judge it expedient, to discontinue any Indian agency, or to transfer the same, from the place or tribe designa- ted by law, to such other place or tribe as the public service may require. And every Indian agent shall reside and keep his agency within or near the territory of the tribe for which he may be agent, and at such place as the President may desig- nate, and shall not depart from the limits of his agency without permission. And it shall be competent for the President to re- quire any military officer of the United States to execute the duties of Indian agent. Sub-agents to be Sec 5. And be it further enacted, That a competent num- President. 3 * ber of sub-agents shall be appointed by the President, with an annual salary of seven hundred and fifty dollars each, to be employed and to reside wherever the President may direct, and who shall give bonds, with one or more sureties, in the penal sum of one thousand dollars, for the faithful execution of the same. But no sub-agent shall be appointed who shall reside within the limits of any agency where there is an agent ap- pointed. Those in office to Sec. 6. And be it further enacted, That nothing herein terms.°r "' contained shall be construed to require the re-appointment of persons now in office, until the expiration of their present term of service; but the commis. sions of all Indian agents and sub- agents, now in office, shall expire on the fourth day,of March next, unless sooner terminated. Limits of agencies, Sec 7. And be it farther enacted, That the limits of each agentsd,&c! °f agency and sub-agency shall be established by the secretary of war, either by tribes or by geographical boundaries. And it shall be the general duty of Indian agents and sub-agents to manage and superintend the intercourse with the Indians with- in their respective agencies, agreeably to law; to obey all legal instructions given to them by the secretary of war, the com- missioner of Indian affairs, or the superintendent of Indian af- fairs ; and to carry into effect such regulations as may be pre- scribed by the President. Additional security Sec 8. And be it farther enacted, That the President of frlpersoT^ the United States may, from time to time, require additional buUrsementsh d''! security, and in larger amounts, from all persons charged or trusted, under the laws of the United States, with the disburse- ment or application of money, goods, or effects of any kind, on account of the Indian department. Interpreters. Sec 9. And be it farther enacted, That an interpreter shall 245 be allowed to each agency, who shall receive an annual salary of three hundred dollars: Provided, That where there are Proviso. different tribes in the same agency, speaking different langua- ges, one interpreter may be allowed, at the discretion of the secretary of war, for each of the said tribes. Interpreters shall be nominated, by the proper agents, to the war department for approval, and may be suspended, by the agent, from pay and duty, and the circumstances reported to the war department for final action; and blacksmiths shall, in like manner, be employ- Blacksmiths, &c. ed wherever required by treaty stipulations, and such black- smith shall receive an annual compensation of four hundred and eighty dollars; and if they furnish their shop and tools, an additional sum of one hundred and twenty dollars; and their assistants shall be allowred an annual compensation of two hun- dred and forty dollars. And wherever farmers, mechanics, or Farmers, mechan- teachers are required by treaty stipulations to be provided, they shall be employed under the direction of the war department, and shall receive an annual compensation of not less than four hundred and eighty dollars, nor more than six hundred dollars. And in all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. And where any ofthe tribes are, in the opinion of the secretary of war, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons en- gaged for them, the direction of such persons may be given to the proper authority of the tribe. Sec 10. And be it farther enacted, That the, compensation Compensation^ prescribed by this act shall be in full of all emoluments ormn. allowances whatsoever: Provided, hoivever, That, where ne- Provisoes. cessary, a reasonable allowance or provision may be made for offices and office contingencies: And provided, also, That where persons are required, in the performance of the duties under this act, to travel from one place to another, their actual expenses, or a reasonable sum in lieu thereof, may be allowed them: And provided, also, That no allowance shall be made to any person for travel or expenses in coming to the seat of Government to settle his accounts, unless thereto required by the secretary of war: And provided, also, That no person shall hold more than one office at the same time under this act, nor shall any agent, sub-agent, interpreter, or person employed under this act, receive his salary while absent from his agency or employment without leave of the superintendent or secretary of war: Provided, such absence shall at no one time exceed sixty days. Sec 11. And be it further enacted, That the payment of^™1™.^* all annuities or other sums stipulated by treaty to be made to other^erson^ap- any. Indian tribe, shall be made to the chiefs of such tribe, or to {$>" .c y such person as said tribe shall appoint; or if any tribe shall appropriate their annuities to the purpose of education, or to 246 Annuities if re- quested, may be paid in goods. Merchandise- how to be pur- chased. Persons employed in the Indian de- partment >ot to be comeerned in the trade. Animals and im- plements, to the amount of $5,000 may be furnished to Indians west 0i the Mississippi. any other specific use, then to such person or persons as such tribe shall designate. Sec 12. And be it further enacted, That it shall be lawful for the President of the United States, at the request of any Indian tribe to which anyr annuity shall be payable in money, to cause the same to be paid in goods, purchased as piovided in the next section of this act. Sec 13. And be it further enacted, That all merchandise required by any Indian treaty for the Indians, payable after making of such treaty, shall be purchased under the direction of the secretary at war, upon proposals to be received, to be based on notices previously to be given; and all merchandise required at the making of any Indian treaty shall be purchased under the order of the commissioners, by such person as they shall appoint, or by such person as shall be designated by the President for that purpose. And all other purchases on account of the Indians, and all payments to them of money or goods, shall be made by such person as the President shall designate for that purpose. And the superintendent, agent or sub-agent, together with such military officer as the President may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. And the duties required by any section of this act, of military offi- cers, shall be performed without any other compensation than their actual travelling expenses; and all persons whatsoever, charged or trusted with the disbursement or application of money, goods, or effects of any kind, for the benefit of the In- dians, shall settle their accounts, annually, at the war depart- ment, on the first day of October; and copies of the same shall be laid, annually, before Congress at the commencement of the ensuing session, by the proper accounting officers; together with a list of the names of all persons to whom money, goods, or effects had been delivered within said year, for the benefit of the Indians, specifying the amount and object for which it was intended, and showing who are delinquents, if any, in for- warding their accounts according to the provisions of this act; and, also, a list of the names of all persons appointed or em- ployed under this act, with the dates of their appointment or employment, and the salary and pay of each. Sec 14. And be it farther enacted, That no person em- ployed in the Indian department shall have any interest or con- cern in any trade with the Indians, except for, and on account of, the United States; and any person offending herein, shall forfeit the sum of five thousand dollars, and upon satisfactory information of such offence being laid before the President of the United States, it shall become his duty to remove such person from the office or situation he may hold. Sec 15. And be it further enacted, That the President shall be, and he is hereby, authorized to cause any of the friendly Indians west of the Mississippi river, and north ofthe boundary of the Western Territory, and the region upon Lake 247 Superior and the head of the Mississippi, to be furnished with useful domestic animals and implements of husbandry, and with goods, as he shall# think proper: Provided, That the whole amount of such presents shall not exceed the sum of five thousand dollars. Sec 16. And be it further enacted, That the President be, Rations to Indians and he is hereby, authorized to cause such rations as he shall 'j,'","8 miUtary judge proper, and as can be spared from the army provisions without injury to the service, to be issued, under such regula- tions as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations, and a special account of these issues shall be kept and rendered. Sec 17. And be it farther enacted, That the President of president to pre- the United States shall be, and he is hereby, authorized to pre- !Cu^™Us«****- scribe such rules and regulations as he may think fit, for carry- ing into effect the various provisions of this act, and of any other act relating to Indian affairs, and for the settlement of the accounts of the Indian department. Sec 18. And be it farther enacted, That all acts or parts of Acts contravening acts, contrary to the provisions of this act, shall be, and the this rePcaled' same are hereby, repealed. [Approved, June 30, 1834.] CHAPTER 164. An act to provide for the payment of claims, for property lost, captured, or de- stroyed by the enemy, while in the military service of the United States, during the late war with the Indians on the frontiers of Illinois and Michigan Territory.* Sec 1. Be it enacted by the Senate and House of Represen- officers and others tatives of the United States of America, in Congress assembled, ^^f^]^" That any officer, field or staff, volunteer, ranger, cavalry or other persons engaged in the service of the United States in the late campaigns against the Indians on the frontiers of Illinois, and Michigan territory, who have sustained damage without any fault or negligence on their part, respectively, by the loss of a horse, or necessary equipage in battle, or by the loss of a horse that was wounded in battle, and afterwards died of said wound while in the service, or who has sustained damage by the reason of the loss of any horse which in consequence of the United States failing to supply sufficient forage, while engaged in said service, died, or was unavoidable abandoned and lost, or who has sustained damage by reason of the loss of any horse, because the rider was dismounted and separated from his horse, and ordered to do military duty on foot at a station detached * See chapters 177—178. 248 Proviso. Further provisoes. Volunteers from his horse, or for the loss of necessary equipage, in conse- quence of the loss of his horse as aforesaid, shall be allowed and paid the value thereof: Provided, That if any payment shall have been made to any officer, soldier or other person as afore- said, for the use and risk, or for forage after the death or aban- donment of said horse, said amount shall be deducted from the value thereof, unless said officer or soldier or other person shall have satisfied the paymaster at the time he made the payment, or shall hereafter show by proof that he wras remounted, in which case the deduction shall only extend to the time such officer, soldier, or other person, served on foot: And provided, also, That if any payment shall have been made, to any officer, or soldier on account of clothing, such payment shall be deduct- ed from the value of his horse and accoutrements ; And provi- ded further, That no claim shall be allowed under the provi- sions of this section until the best evidence which the nature of the case will admit of, shall be produced before the accounting officer showing the number of horses lost, in manner aforesaid, the time when lost, and the name of the owner. Sec 2. And be it furtlier enacted, That any person who, mTn gtobe allowed m ^e Indian wars aforesaid, has acted in the military service of for arms, &c. lost, the United States as a volunteer or draughted militiaman, and who has furnished himself with arms anjl military accoutre- ments, and has sustained damage by the capture, or destruction of the same, without any fault or negligence on his part, or who has lost the same by reason of his being wounded in the service shall be allowed and paid the value thereof. Sec 3. And be it farther enacted, That in all instances where any minor has been engaged in the military service as aforesaid, during the Indian wars as aforesaid, and was provi- ded with a horse or equipments, or with military accoutrements by his parent or guardian, and has since deceased, without pay- ing for said property, and the same was lost, captured, destroy- ed, or abandoned, in the manner before mentioned, said parent or guardian shall be allowed pay therefor on making satisfactory proof as in other cases, and the further proof, that he is entitled thereto by having furnished the same. Sec 4. And be it further enacted, That the third auditor of the treasury shall adjudicate and decide such claims as may be presented against the United States, under the provisions of this act: Provided, That every claim which exceeds the sum of two hundred dollars, instead of deciding the same, the said third auditor shall report the whole of the proof to Con- gress at its next session after taking and closing such proof; and he shall have power by constituting a commission or other- wise, to take testimony in any case where he shall think the interests of the United States require further testimony to be taken. Sec 5. And be it farther enacted, That any sum of money to any amount not exceeding two hundred dollars so allowed by said third auditor shall be paid by the secretary of the Parents or guar- dians to receive compensation on account of deceas- ed minors. Third auditor adjudicate the claims. Proviso. Amount allowed to be paid if not ex- ceeding $300. 249 treasury, out of any money in the treasury not otherwise appropriated. [Approved, June 30, 1834.] CHAPTER 165. An act for the better organization of the United States " Marine Corps." Sec .1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That from and after the passage of this act, the marine corps shall consist ofthe following officers, non-commissioned offi- ofwhat the marine • • j • , • ii i j corps shall consist, cers, musicians and privates, viz: one colonel-command ant,-one lieutenant-colonel, four majors, thirteen captains, twenty, first lieutenants, twenty, second lieutenants, one adjutant and in- spector, one paymaster, one quartermaster, one assistant-quar- termaster, one sergeant-major, one quartermaster-sergeant, one drum-major, one fife-major, eighty- sergeants, eighty corporals, thirty drummers, thirty fifers, and one thousand privates. Sec 2. And be it further enacted, That the said corps shall, To be subject to the at all times, be subject to, and under the laws and regulations me"tfof AeMvy.11- which are, or may hereafter be, ^established for the better gov- ernment of the navy, except when detached for service with E*eept wh™ ?n 1 t-» * i r*iTT-io service with the the army by order of the President of the, United States. army. Sec. 3. And be it further enacted, That the officers, non-Enlistments to be commissioned officers, musicians and privates, shall take the marines exemPtnd oath prescribed by law, and that all enlistments shall be for the £e°bm arrest for term of four years, during which period marines, so enlisted, shall be, and are hereby, exempt from all personal arrest for debt or contract. Sec 4. ./bid be it farther enacted, That the officers of the nank of officers as marine corps shall be, in relation to rank, on the same footing'" as officers of similar grades in the armyr: Provided, That no proviso. officer of the marine corps shall exercise command over any navy yard or vessel ofthe United States. Sec 5. And be it farther enacted, That the officers of the Pay and emoiu- marine corps shall be entitled to, and receive the same pay,ments" emoluments, and allowances, as are now, or may hereafter be, allowed to officers of similar grades in the infantry of the army,* except the adjutant and inspector, who shall be entitled to the same pay, emoluments and allowances, as are received by the paymaster of said corps; and. the non-commissioned officers, musicians and privates, shall be entitled to the same pay, rations, clothing, and allowances, as they now receive.f Sec 6. And be it farther enacted, That the Staff of said staff. corps shall be taken from the captains or subalterns of the corps. * See chapter 49. f See chapter 159. 250 Existing commis- Sec 7. .ind be it farther enacted, That the commissions sions not vacated. qp fa 0fficers now [n tne marine corps shall not be vacated by this act, and that the President of the United States may during the recess of the Senate, first by promotions according to rank and then by selections, appoint the officers hereby authorized, which appointments shall be submitted to the Senate, at their next session, for their advice and consent. President to pre- Sec 8. And be it further enacted, That the President be, scnbe regulations. an(j ke -g jjgpg^y^ authorized to prescribe such military regula- tions for the discipline of the marine corps, as he may, in his judgment, deem expedient. Part offormer acts Sec 9. And be it farther enacted, That so much of the fourth section of an act, passed the 6th day of July, in the year one thousand eight hundred and twelve, entitled, " An act making further provision for the army of the United States, and for other purposes,"* or of any other act as authorizes the President to confer brevet rank on such officers of the army or of the marine corps, as shall have served ten years in any one grade, shall be, and the same hereby is, repealed; and so much ofthe second section of an act passed the sixteenth of April, one thousand eight hundred and eighteen, entitled " An act regu- lating the pay and emoluments of brevet officers," as may be applicable to the clause herein above repealed, shall be, and the rrorisc same hereby is, also repealed : Provided, Nothing herein shall affect any right already acquired by ten years' expired service to brevet rank. au acts inconsistent Sec 10. And be it further enacted, That all acts or parts srepeae . ^ acts inconsistent with the provisions of this act be, and the same are hereby, repealed. [Approved, June 30, 1834.] CHAPTER 166. An act making certain allowances, and granting certain arrearages to the captains and subalterns ofthe United States corps of Marines. Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, Act of March, 1827, That from and after the passage of this act, the secretary of the co™de(1 te marme navy De> and he *s hereby, authorized to extend the benefits of the act of March, one thousand eight hundred and twenty- seven, entitled " An act giving certain compensation to the captains and subalterns of the army of the United States in certain cases,"! to the captains and subalterns of the corps of United States marines under similar cases. Arrearage of pay to Sec 2. And be it further enacted, That the secretary ofthe be allowed accord- , i i • 1 i 1 • 1 i 1 l i. ingiy. navy be, and he is hereby, authorized to cause to be settled by * See chapters 78 and 116. f See chapter 140. 251 the proper accounting officers of the department all arrearages of pay and allowances which shall be found due the said cap- tains and subalterns of the United States corps of marines from the period at which the act of March, one thousand eight hun- dred and twenty-seven, above referred to, went into operation, up to the passage of this act; and that the same be paid out of any moneys in the treasury not otherwise appropriated. [Approved, June 30, 1834.] CHAPTER 167. An act making additional appropriations for the Delaware breakwater, and for certain harbors, and removing obstructions in and at the mouths of certain rivers, for the year one thousand eight hundred and thirty-five. [extract.] Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appro- priated, to be paid out of any money in the treasury, not other- wise appropriated, for carrying on and completing, certain works heretofore commenced. Provided, That no officer of the army shall receive any per Proviso. cent, or additional pay, extra allowance, or compensation, in any form whatever, on account of the disbursing any public money appropriated by law during the present session, for for- tifications, execution of surveys, works of internal improve- ment, building of arsenals, purchase of public supplies of any description, or for any other service or duty whatsoever, unless authorized by law.* [Approved, March 3, 1835.] CHAPTER 168. An act to render permanent the present mode of supplying the army of the United States, and fixing the salary of certain clerks therein named.. Sec 1. Be it enacted by the Senate and House of Represen- sections of act of tatives of the United States of America, in Congress assembled, u^SdiSS.*01 That the seventh, eighth, ninth, and tenth sections of the act entitled "An act regulating the staff of the army," passed April •The restriction imposed by this proviso, on allowances for the disbursing of public money, being limited to appropriations made at the session of its en- actment, and the prohibition not having been re-enacted at any subsequent session, it is considered inoperative as to all other appropriations. 252 Compensation to officers. fourteenth, eighteen hundred and eighteen,* be and the same are hereby, continued in force until repealed by Congress. Sec 2. And be it further enacted, That the principal clerk- in the office of the commissary-general of subsistence shall re- ceive the annual sum of sixteen hundred dollars, one of the other clerks the sum of twelve hundred dollars, and the other clerk the sum of one thousand dollars, to be paid for the year eighteen hundred and thirty-five out of any money in the treasury not otherwise appropriated. [Approved, March 3, 1835.] CHAPTER 169. Bank notes; how and when receiv- able. An act making appropriations for the payment of the revolutionary and other pensioners of the United States, for the year one thousand eight hundred and thirty-six. [extract.] Sec 2. And be it further enacted, That hereafter, no bank notes Of less denomination than ten dollars, and that from and after the third day of March, anno Domini, eighteen hundred and thirty-seven, no bank note of less denomination than twenty dollars shall be offered in payment in any case whatsoever in which money is to be paid by the United States or the post office department, nor shall any bank note, of any denomina- tion be so offered, unless the same shall be payable, and paid on demand, in gold or silver coin, at the place where issued, and which shall not be equivalent to specie at the place where offered, and convertible into gold or silver upon the spot, at the will of the holder, and without delay or.loss to him: Provided, That nothing herein contained shall be construed to make any thing but gold or silver a legal tender by any individual, or by the United States. [Approved, April 14, 1836.] CHAPTER 170. Clerks to be em- ployed in the De- partment of war, An act providing for the salaries of certain officers therein named, and for other purposes. . [extract.] Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That the secretary of war be, and he is hereby authorized to employ, for the discharge of the various duties of the de- partment, the following clerks and messengers; one clerk at six- teen hundred dollars, and one clerk at fourteen hundred dol- See chapter 115. 253 lars; to be employed in the business of reservations and grants under Indian treaties: Provided, That the said clerks shall proviso. not be employed for a longer term than four years. Three cierks in the pen- clerks for the pension office at one thousand dollars each, to besion office• continued only during the present year. Six clerks and one messenger, in the quartermaster-general's in the .quartermas- office, whose compensation shall be as follows: one clerk atand^the^omcesr' sixteen hundred dollars, one clerk at twelve hundred dollars, four clerks at one thousand dollars each, and one messenger at five hundred dollars, one clerk for the ordnance office at twelve hundred dollars, and four clerks at one thousand dollars each. One clerk for the adjutant-general's office at twelve hundred dollars, and three clerks at one thousand dollars each. One clerk in the engineer office at twelve hundred dollars, and one clerk at one thousand dollars. One clerk in, the commanding- general's office at one thousand dollars. One clerk in topo- graphical bureau at one thousand dollars. Six clerks and one messenger in the emigrating Indian bureau attached to the sub- sistence department, whose compensation shall be as follows: one clerk at sixteen hundred dollars, one clerk at fourteen hun- dred dollars, one clerk at twelve hundred dollars, three clerks at one thousand dollars each, and one messenger at five hun- dred dbllars: Provided, That the authority claimed under the acts approved March twenty-eight, eighteen hundred and twelve,* and May twenty-second, eighteen hundred and twelve,! or by any other act for the employment of non-commissioned officers, or the appointment of extra clerks in any of the offices of the war department be, and the same aie hereby repealed: Provided, however, That where express appropriations are made by law, for the employment of clerks, such employment shall not be deemed to be extra, within the meaning of the above act. [Approved, May 9, 1836.] CHAPTER 171. An act explanatory of the act entitled "An act to prevent defalcations on the part of the disbursing agents of the Government, and for other purposes." Sec 1. Be it enacted by the Senate and House of Representa- Act of Jan. 1828, tives ofthe United States of America, in Congress assembled,™^*^10'™11' That, the act entitled "An act to prevent defalcations on the part of the disbursing agents of the government, and for other purposes,"! approved the twenty-fifth of January, eighteen hun- dred and twenty-eight, shall not be construed to authorize the pension of any pensioner of the United States to be withheld. [Approved, May 20, 1836.] * See chapter 68. f See chapter 75. + See chapter 142. 254 chapter: 172. An act authorizing the President of the United States to accept the service of volunteers, and to raise an additional regiment of dragoons or mounted riflemen. president may ac- Sec 1. Be it enacted by the Senate and House of Represen- io$oohe voUmteer°[ tatives of the United States of America, in Congress assembled, &c< That the President of the United States be, and he hereby is authorized to accept volunteers who may offer their services either as infantry or cavalry not exceeding ten thousand men, to serve six or twelve months after they shall have arrived at the place of rendezvous, unless sooner discharged; and the said volunteers shall furnish their own clothes, and, if cavalry, their own horses, and when mustered into service, shall be armed and equipped at the expense of the United States. To do military du- Sec 2. And be it further enacted, That the said volunteers **'&c' shall be liable to be called upon to do military duty only in cases of Indian hostilities, or to repel invasions, whenever the Presi- dent shall judge proper, and when called into actual service and while remaining therein, shall be subject to the rules and arti- cles of war, and shall be in all respects, except as to clothing, placed on the same footing with similar corps of the United States army, and in lieu of clothing every non-commissioned of- ficer and private, in any company, who may thus offer them- selves, shall be entitled, when called into actual service, to re- ceive in money a sum equal to the cost of the clothing of a non-commissioned officer or private (as the case may be) in the regular troops of the United States. To be received in Sec 3. And be it farther enticted, That the said volunteers, companies, &c. gQ 0flpermg their services, shall be accepted by the President in companies, battalions, squadrons, regiments, brigades, or divi- sions, whose officers shall be appointed in the manner prescrib- ed by law in the several states and territories, to which such companies, battalions, squadrons, regiments, brigades, or divi- Proviso. sions, shall respectively belong: Provided, That, where any company, battalion, squadron, regiment, brigade, or division, of militia, already organized, shall tender their voluntary service to the United States, such company, battalion, squadron, regi- ment, brigade, or division, shall continue to be commanded by the officers holding commissions in the same, at the time of such tender; and any vacancy thereafter occurring shall be filled in the mode pointed out by law in the state or territory wherein the said company, battalion, squadron, regiment, bri- gade or division, shall have been originally raised. Tobe organized by gEc. 4. Jlnd be it farther enacted, That the President of the United States be, and he is hereby authorized to organize companies so tendering their services, into battalions or squad- rons, battalions or squadrons into regiments, regiments into brigades, and brigades into divisions, as soon as the number of volunteers shall render such organization in his judgment ex- pedient; and the President shall, if necessary, apportion the 255 staff, field and general officers among the respective states or territories from which the volunteers shall tender their services as he may deem proper; but, until called into actual service, such companies, battalions, squadrons, regiments, brigades or divisions shall not be considered as exempt from the performance of militia dutyr as if required by law, in like manner as before the passage of this act. Sec 5. And be it farther enacted, That the volunteers who Tobe entitled/o may be received into the service ofthe United States, by virtue ' "■ of the provisions of this act, shall be entitled to all the benefits which may be conferred on persons wounded in the service of the United States. Sec 6. And be it further enacted, That there shall be raised A reg'ment Df dra* p i -n • i p i tj ■ i g00ns to "e °rga- and organized, under the direction of the President of the United nized. States, one additional regiment of dragoons or mounted rifle- men, to be composed of the same number and rank of the offi- cers, non-commissioned officers, musicians and privates, com- posing the regiment of dragoons now in the service of the United States, who shall receive the same pay and allowances, be subject to the same rules and regulations, and be engaged for the like term, and upon the same conditions, in all respects whatever as are stipulated for the said regiment of dragoons now in service."r Sec 7. And be it further enacted, That the President of President may the United States may disband the said regiment, whenever in his opinion, the public interest no longer requires their services; and that the sum of three hundred thousand dollars, required $300,000 appro- to carry into effect the provisions of this act is hereby appro- priated' priated, out of any money in the treasury not otherwise ap- propriated. Sec 8. And be it farther enacted, That so much of this act Act to remain in as relates to volunteers shall be in force for two years from and 0I after the passage of this act, and no lemger. [Approved, May 23, 1836.] CHAPTER 173. An act to establish an arsenal of construction in the State of North Carolina. Sec 1. Be it enacted by the .Senate and House of Represen- tatives of the United States of America, in Congress assembled, That the sum of forty-five thousand dollars be, and the same is $45,000ifor pur- 1 cHisc 01 3. site 3.11 d hereby appropriated, from any money in the treasury, not other- for building. wise appropriated, towards the purchase of a site and the build- ing of an arsenal of deposite and general construction, near the town of Fayetteville, in the State of North Carolina. [Approved, June 14, 1836.] * See chapter 1 j 1 256 CHAPTER 174. " An act to provide for the better protection of the Western frontier." Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, President tocanse a That the President be, and he is hereby, authorized to cause surveyed.'03 c e to be surveyed and opened, a military road, from some point upon the right bank of the Mississippi river, between the mouth ofthe St. Peter's and the mouth of the Desmoines river, upon such route as may appear best calculated to effect the purposes ofthe act, to Red river. To pass west of Sec 2. And be it farther enacted, That.the said road shall kansTs""^cond^- • pass west of the state of Missouri and of the territory of Arkan- tion, &c. sas^ on condition that the assent of the Indian tribes who have not heretofore given their assent, through whose territory said road is to pass, shall be first obtained; and if such assent can- not be obtained, then east of the western boundaries of said state and territory: and shall be so constructed as to enable troops to move along the same with proper facility. And the following mode of construction shall be adopted, subject to such alterations and additions as the President may, from time to time, direct to be made. The timber shall be cut down to a reasonable width, and the wet and marshy places shall be causewayed or otherwise rendered passable; cheap bridges shall be erected over the smaller streams, not having good fords across them; and, where it may be found necessary, the road may be thrown up in the centre. Military posts to be- Sec 3. And be it further enacted, That the military posts established. gj^ji ^e cons^TUC^e([ at such place along the said road as in the opinion of the President, may be most proper for the protection of the frontier, and for the preservation of the necessary com- munication. , Troops u. s. may Sec 4. And be it farther enacted, That the troops of the febor,I,&cyedin'the United States shall be employed in performing the labor herein required, whenever, in the opinion of the President, the same can be done with a just regard to their other duties; and the other labor rendered necessary shall be procured in such man- ner as the President may direct. $100,000. Sec* 5. And be it farther enacted, That the sum of one hundred thousand dollars shall be, and the same is hereby, ap- propriated, to be applied towards the accomplishment of the objects specified by this act. [Approved, July 2, 1836.] 257 CHAPTER 175. "An act to authorize the appointment of additional paymasters, and for other purposes." t Sec 1. Be it enacted by the Senate and House of Represen- President may »$»- tatives of the United States of America, in Congress assembled, tio'nai paymaster*. That the President of the United States be and he hereby is authorized and empowered to appoint three additional pay- masters, to be attached to the pay department of the army: Provided, That the appointments be submitted'to the Senate Proviso. for their confirmation, in the same manner as other officers of the army. Sec 2. And be it farther enacted, That the officers ap- to perform the pointed in virtue of this act shall perform the same duties and subjecuoThrsWe receive the same pay and allowances .as the present paymastersrules as other v*f- of the armyr; and shall in like manner be subject to the rules and articles of war; and previous to entering upon the duties of their office shall give such bonds to the United States as the secretary of war may direct for the faithful performance of their duties. Sec 3. And be it further enacted, That when volunteers or president, when militia are called into service of the United States, so that the j^" Auntie. «T paymasters authorized by law shall not be deemed sufficient toaJaymafste.T t0 ^i enable them to pay the troops wnth proper punctuality it shall be lawful for the President to assign to any officer of the army the duty of paymaster, wrho, while so assigned shall perform the same duty, give the same bond, be subject to the same liability and receive the same emoluments as are now provided for paymasters of the army: Provided however, That the num-Proviso. ber of officers so assigned shall not exceed one for every two regiments of militia or volunteers; And provided also, That the Proviso- whole emoluments of the said officers, including their pay and allowances in the line, shall not exceed the pay and emoluments of a paymaster. Sec 4. And be it further enacted, That the President of May appoint sua*. the United States be and he hereby is authorized and empow- asXtanTsirs^^ ered to appoint three additional surgeons and five assistant sur- geons, to be attached to the medical staff of the army. Sec 5. And be it farther enacted, That during the absence in absence of tie of the quartermaster-general, or the chief of any other military VitlX™?™^ bureau of the war department, the President be authorized to m%? emP°w«- pp p i i i • others to per-fanm empower some officer of the department or corps whose chief *<= duties. is absent to take charge thereof and to perform the duties of quartermaster-general or chief of the department or corps, as the case may be, during such absence: Provided, That no addi- Proviso. tional compensation be allowed therefor. Sec 6. And be it further enacted, That it shall be the secretary of the duty of the secretary of the Senate and clerk of the House ofofnthleHoused"t Representatives as soon as may be after the close of the present ^^"^"'0]^ session, and of each succeeding session, to prepare and publish 17 258 statements of appro- a statement of all appropriations made during the session, and also a statement of the new officers created and the salaries of each, and also a statement of the offices the salaries of which are increased and the amount of such increase. [Approved, July 4, 1836.] CHAPTER 176. An act for the purchase of certain rights or inventions of Capt. Wm. H. Bell, of North Carolina. $90,ooo'to be paid Sec 1. Be it enacted by the Senate and House of Representa- to him/for his in- fives of the United States of America, in Congress assembled, terest in two patent „, J. pi iiit-i rights. that the secretary ot the treasury be hereby authorized to pay to Captain William H. Bell, out of any money in the treasury not otherwise appropriated, the sum of twenty thousand dollars, whenever said Bell shall transfer and convey to the United States all his, said Bell's right, interest, and title, in and to two certain patents, viz: one called a machine for elevating heavy cannon, the other called a traverse board for pointing cannon; together with all the right to the United States to use every im- provement that has been made by said Bell on the said inven- tions, since patenting the same: Provided however, That said sum of twenty thousand dollars shall be in full for all claims against the United States for using said patents. [Approved, July 4, 1836.] CHAPTER 177. "An act to provide for the payment of horses and other property lost or de- stroyed in the military service of the United States."* officers and others Sec 1. Be it enacted by the Senate and House of Represen- *"•£ pa^ the value tatives of the United States of America, in Congress assembled, That any field, or staff, or other officer, mounted militiaman, volunteer, ranger, or cavalry, engaged in the military service of the United States since the eighteenth of June, eighteen hun- dred and twelve, or who shall hereafter be in said service, and has sustained or shall sustain damage, without any fault or negligence on his part, while in said service, by the loss of a horse in battle or by the loss of a horse wounded in battle, and which has died or shall die of said wound, or being so wounded shall be abandoned by order of his officer and lost; or shall sustain damage by the loss of any horse by death, or abandon- ment, in consequence of the United States failing to supply * See supplementary act, chap. 178. 259 sufficient forage, or because the rider was dismounted and sepa- rated from his horse, and ordered to do duty on foot at a station detached from his horse; or when the officer in the immediate command ordered or shall order the horse turned out to graze in the woods, prairies, or commons, because the United States failed or shall fail to supply sufficient forage, and the loss was or shall be consequent thereof; or for the loss of necessary equi- page, in consequence of the loss of his horse as aforesaid, shall be allowed and paid the value thereof: Provided, That if any Proviso. payment has been, or shall be, made to any one aforesaid, for the use and risk, or for forage after the death, loss or abandon- ment of his horse, said payment shall be deducted from the value thereof, unless he satisfied or shall satisfy the paymaster at the time he made or shall make the payment, or thereafter show, by proof, that he was remounted, in which case the deduction shall only extend to the time he was on foot: And provided, Further proviso. also, If any payment shall have been, or shall hereafter be, made to any person above mentioned, on account of clothing, to which he was not entitled by law, such payment shall be de- ducted from the value of his horse or accoutrements. Sec 2. And be it further enacted, That any person who, Volunteers or . , ... ° . . 1 1 i *i* • draughted mihtia- in the said military service as a volunteer, or draughted militia- men to be allowed man, furnished or shall furnish himself with arms and military for ams'&c'lo9t' accoutrements, and sustained or shall sustain damage by the capture or destruction of the same, without any fault or negli- gence on his part, or who lost or shall lose the same by reason of his being wounded in the service, shall be allowed and paid the value thereof. Sec 3. And be it further enacted, That any person who Payment for horses, sustained or shall sustain damage by the loss, capture, or de- mue9'wagons' struction by an enemy, of any horse, mule or wagon, cart, boat, sleigh, or harness, while such property was in the military ser- vice of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss, capture, or destruction, was without any fault or negligence on the part of the owner; and any person, who, without any such fault or negligence, sustained or shall sustain damage by the death or abandonment and loss of any such horse, mule, or ox, wdiile in the service aforesaid, in con- sequence of the failure on the part of the United States to fur- nish the same with sufficient forage, shall be allowed and paid the value thereof. Sec 4. And be it farther enacted, That the claims provided ciaimstobeadjmt- for under this act shall be adjusted by the third auditor, under for, Vu^r Rules' such rules as shall be prescribed by the secretary of war ^''JVifalt; under the direction or with the assent of the President of the United States ; as well in regard to the receipt of applications of claimants, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as, in the opinion of the President, shall be 260 best calculated to obtain the object of this act, paying a due regard, as well to the claims of individual justice as to the in- Ruies, &c. to be terests of the United States, which rules and regulations shall pu '" be published for four weeks in such newspapers in which the laws of the United States are published, as the secretary of war shall direct. Entry of aii adjudi- Sec 5. And be it farther enacted, That in all adjudications cSimants tobe"paid °f sa^ auditor upon the claims above mentioned, whether such on producing certi-iudgrment be in favor of, or adverse to, the claim shall be enter- lied copies thereof. J , P ■ 1 1 1 , • p 1 1 1 1 ■ ed in a book provided by him for that purpose, and under his direction; and when such judgment shall be in favor of such claim, the claimant, or his legal representative, shall be entitled to the amount thereof upon the production of a copy thereof • certified by said auditor at the Treasury of the United States. Payment for losses Sec 6. And be it further enacted, That in all instances i»adrto0parents or where any minor has been, or shall be, engaged in the military guardians. service of. the United States, and was or shall be provided with a horse or equipments, or with military accoutrements, by his parent or guardian, and has died or shall die without paying for said property, and the same has been or shall be lost, captured, destroyed, or abandoned, in the manner before mentioned, said parent or guardian shall be allowed pay therefor on making satisfactory proof as in other cases, and the further proof that he is entitled thereto by having furnished the same. Persons other than Sec 7. And be it further enacted, That in all instances forDproPerty risked where any person other than a minor, has been or shall be en- bwn iajt.whlch ha' gaged m ^ie military service aforesaid, and has been or shall be provided with a horse or equipments, or with military accou- trements by any person, the owner thereof, who has risked or shall take the risk of such horse equipments or military accou- trements on himself, and the same has been or shall be lost, captured, destroyed, or abandoned in the manner before men- tioned, such owner shall be allowed pay therefor, on making satisfactory proof as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risk on himself. Aets of wth Feb. Sec 8. And be it furtlier enacted, That the act passed on jcH' repTaUd^"*1*'tne nineteenth of February, eighteen hundred and thirty-three, entitled "An act for the payment of horses and arms lost in the military service of the United States against the Indians on the frontier of Illinois and Michigan Territory," and an act passed on the thirtieth of June, eighteen hundred and thirty-four, entitled "An act to piovide for the payment of claims for pro- perty lost, captured or destroyed by the enemy, while in the military service of the United States, during the late war with the Indians on the frontier of Illinois and Michigan Territory," be and the same are hereby, repealed. Limitation of act. Sec 9. And be it farther enacted, That this act shall be and remain in force until the close of the next session of Congress. [Approved, January 18, 1837.] 261 CHAPTER 178. An act to amend an act entitled " An act to provide payment for horses and other property lost in the military service of the United States."* Sec 1. Be it enacted by the Senate and House of Represen- tatives ofthe United States of America, in Congress assembled, That any person who has turned over to the service of the United States his horse, saddle, bridle, or equipments, by the order of the commanding general, or other commanding officer, shall be paid the value thereof: That the claims provided for under this act shall be adjusted by the third auditor, under such rules as shall be prescribed by the secretary of war, with the assent of the President. This act, and the act to which this is an amendment, shall extend to mules as well as to horses. Decisions under this act shall be recorded as they are required to be recorded by the act aforesaid, and payment shall be made as is required by that act. This act shall extend to cases where any person mentioned in the act to which this is an amendment shall have died in the service, and his horse, saddle, bridle, or equipments, shall have been turned over to an officer, or other person for the benefit of the United States, by order of the proper officer commanding, and not restored to the representative of the deceased, or paid for by the United States. [Approved, October 14, 1837.] CHAPTER 179. An act to increase the present military establishment ofthe United States, and for other purposes.j Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That there shall be added to each of the four regiments of One company to be artillery, one company, to be organized in the same manner menet of £artiiiery> as authorized by existing laws, with the exceptions hereafter ^"""P^j"^^" mentioned; that there be added to every company of artilleryto,De augmented, , p • p an" one additional sixteen privates, and to every company ot infantry one sergeant regimentofinfantry and thirty-eight privates, and that the number of second lieu- gauLT^and °v" tenants of a company of artillery be reduced to one, and that this reduction be so made in connection with the appointment of offi- cers to the four additional companies authorized as aforesaid, and the transfer to the ordnance department hereafter directed, that all the present second lieutenants shall be retained in service, and there shall be raised and organized under the di- *See chapter 177. •(-When this compilation had progressed thus far, it was suspended with the view of introducing such acts relating to the army as might be passed during the then existing session of Congress. That circumstance will account to the reader for this chapter not being referred to in the notes to the preceding chapters, and especially under the head of chapter 128, act of 2d March, 1821, which still forms the basis of the military establishment. 262 rection of the President of the United States, one regiment of infantry, to be composed of the same number and rank of offi- cers, non-commissioned officers, musicians, and privates, com- posing the regiments of infantry now in the service of the United States, who shall receive the same pay and allowances, and be subject to the same rules and regulations which now apply to other regiments of infantry, as provided for in this act. 1 lieut. colonel, 2 Sec 2. And be it further enacted, That the President of r&n6d6aspectndtne United States be, and he is hereby, authorized to add to the lieutenants, to be corps of engineers, whenever he may deem it expedient to in- added to the corps i t ii •• of engineers. crease the same, one lieutenant-colonel, two majors, six captains, six first and six second lieutenants; and that the pay and emolu- ments of the said corps shall be the same as those allowed to the officers of the regiments of dragoons. Paymaster not to Sec 3. And be it farther enacted, That so much of the corp'foTengTee*^act passed the twenty-ninth day of April, one thousand eight the one heretofore nuncired and twelve, entitled "An act making further provi- provided for, to be . ' . • l i attached to the pay sion for the corps of engineers, * as provides that one paymas- epart ter shall be taken from the subalterns of the corps of engineers, be, and the same is hereby repealed: and that the paymaster so authorized and provided be attached to the pay department, and be in every respect, placed on the footing of other paymasters of the army. Corps of topograph- Sec. 4. And be it farther enacted, That the corps of topo- inc^S^y'regu-graphical engineers shall be organized and increased by regular tb^emn"011011 promotions in the same, so that the said corps shall consist of one colonel, one lieutenant-colonel, four majors, ten captains, ten first lieutenants, and ten second lieutenants. Vacancies created Sec 5. And be it further enacted, That vacancies created to "be mfed'bV'an-^y sa*d organization, over and above those which can be filled pointmentsfromtheby the present corps, shall be taken from the army, and from army, and from the *', 1. ,•*■-■' . i-ii p i • -i • civil engineers in such as it may be deemed advisable of the civil engineers em- ployed under the act of the thirtieth of April, eighteen hundred and thirty-four; that the pay and emoluments to the officers of said corps shall be the same as are allowed to officers of similar rank in the regiments of dragoons. Authority to em- Sec 6. And be it further enacted, That the authority to repealed.ensmeers employ civil engineers, in the act ofthe thirtieth of April, eigh- teen hundred and twTenty-four, be and the same is hereby re- pealed after the passage of this act. President authoriz- Sec 7. And be it farther enacted, That the President ofthe ^sistenf adj^tanTs- United States shall be and he is hereby, authorized to appoint general, with the so many assistant adjutants-general, not exceeding two, with jor, and four with the brevet rank, pay, and emoluments of a major, and not ex- captain!*1 ra° ° ceeding four with the brevet rank, pay and emoluments of a captain of cavalry, as he may deem necessary; and that they shall be taken from the line of the army, and in addition to their own, shall perform the duties of assistant inspectors-general when the circumstances of the service may require. * See chapter 70. 263 Sec 8. And be it further enacted, That the officers to The assistant adju- be taken from the line and transferred to the staff, under the last onVrecefv^theVy preceding section, shall receive only the pay and emoluments ^Thai^/eTain attached to their rank in the staff; but their transfer shall be «•«'.«■ranka,ndF°- . . . .. i*ii t motion in the line. without prejudice to their rank and promotion in the line, ac- cording 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 transferred. Sec 9. And be it further enacted, That the President of T^^^to'add^o the United States be and he is hereby authorized, by and with the quartermaster's the advice and consent of the Senate, to add to the quarter- sSt^ua'rtemas"- master's department not exceeding two assistant quartermas- a"^"'™^ e^ht ters-general with the rank of colonel, two deputy quartermas- assistant5 quarter- . t x j x masters. The ap- ters-general with the rank of Ueutenant-colonel, and eight as- pointments to be sistant quartermasters with the rank of captain; that the as- "y^ M^rank in"" sistant quartermasters now in service shall have the same rankh°fs^dbe xheof- as is provided by this act for those hereby authorized; and ficers of the de- that the pay and emoluments of the officers of the quartermas- lll^on pay, Ha ter's department shall be the same as are allowed to officers of jTcTthereTn^6 similar rank in the regiments of dragoons: Provided, That allin regiment* and o d ' corps, appointments in the quartermaster's department shall be made from the army; and when officers taken for such appointments hold rank in the line, they shall thereupon relinquish said rank, and be separated from the line of the army;* and that promotion in said department shall take place as in regiments and corps. Sec 10. And be it farther enacted, That the quartermaster The quartermas- general be and he is hereby authorized, from time to time, to riLaetorempioy, employ as many forage-masters and wagon-masters as he may noTexceedingtwn- deem necessary for the service, not exceeding twenty in the 'y forag(e and wa~ J -ii • i p ill gon-masters, who whole, who shall be entitled to receive, each forty dollars per are not to deal in ar- month, and three rations per day, and forage for one horse; cept3 as public *a- and neither of whom shall be interested or concerned, directly gent3, or indirectly, in any wagon or other means of transport em- ployed by the United States, nor in the purchase or sale of any property procured for or belonging to the United States, except as an agent for the United States. Sec 11. And be it farther enacted, That there be added °°^nerai,°ra" to the commissariat of subsistence one assistant commissary- and four commissa- , „ , . • i , ii p nes t0 De added to general of subsistence with the rank, pay and emoluments ot a the subsistence de- lieutenant-colonel of cavalry; one commissary of subsistence Fartment- with the rank, pay and emoluments of a quartermaster of the army; and three commissaries of subsistence, with the rank, pay, and emoluments of assistant quartermasters. Sec 12. And be it farther enacted, That the stewards of stewards of hospi- hospitals at posts of more than four companies be hereafter al- the'compensationof lowed the pay, clothing and rations of a sergeant of ordnance; ^j of £"_ and, at all other posts, the pay, clothing and rations of the first try- sergeant of a company of infantry. *See supplementary act, chapter 180. 264 Two majors to be Sec 13. And be it farther enacted, That the President n^ct departm^nV, of the United States be and he is hereby authorized to add to ^onT^ieuknanu ^e ordnance department, whenever he may deem it expedient u> be transferred to increase the same, by and with the advice of the Senate, officers toVave"the two majors, and that he be further authorized to transfer Sdragwns.5 th°se ten ^rs^ lieutenants and ten second lieutenants from the ar- tillery to the ordnance department,* and that the pay and emol- uments of the officers of the said department shall be the same as those allowed to the officers of the regiment of dra- goons. ordnance officers Sec 14. And. be it farther enacted, That so much of the *»XntntsiDf uti to f°urth section of tbe^act passed fifth of April, eighteen hundred •a company of artn-and thirty-two, for the organization of the ordnance depart- adS'tionai pay ai- ment,f as authorizes the officers of ordnance, to receive the crTc^com^aniesfor same pay and emoluments now allowed artillery officers, shall fc" res|>doth?nty ^e consti'ued to include the ten dollars per month additional *c ' pay to every officer in the actual command of a company, as compensation for the duties and responsibilities with respect to clothing, arms, and accoutrements of the company, under the authority of the second section of the act passed second of March, eighteen hundred and twenty-seven, giving further compensation to the captains and subalterns of the army of the Proviso. United States in certain cases :\ Provided, That the officers of the ordnance department claiming the compensation for such duties and responsibilities shall have been actually in the com- mand of enlisted men of the ordnance equal to a company of artillery and thereby incurred the aforesaid responsibilities. ati officers of the Sec 15. And be it farther enacted, That every commis- cept Mneraif'enu- sioned officer of the line or staff, exclusive of general officers, tied to one addi- shall be entitled to receive one additional ration per diem for tional ration for „ . . l 1 n ■ l every five years ser- every five years he may have served, or shaft serve in the army J^riso. of the United States: Provided, That, in certain cases where officers are entitled to and receive double rations, the additional one allowed in this section shall not be included in the number to be doubled. || Euiistmenu in the Sec 16. And be it farther enacted, That from and after ^^^motthiyply the passing of this act, all enlistments in the army of the United increased and part States shall be for five years, and that the monthly pay of non- ryraijip.n until ex- *■ j x %j juration of term of commissioned officers and soldiers shall be as follows: to each sergeant major, quartermaster sergeant, and chief musician, seventeen dollars; to each first sergeant of a company, six- teen dollars; to all other sergeants, thirteen dollars; to each artificer, eleven dollars; to each corporal, nine dollars; Proviso. and to each musician and private soldier, eight dollars; Pro- vided, That two dollars per month of said pay be retained un- til the expiration of his term of service. six pounds of sEC# 17. jind be it further enacted, That the allowance of eofree and twelve „ . J • • j rv . . pwmds of sugar sugar and coffee to the non-commissioned officers, musicians, * See supplementary act, chapter 180. j See chapter 150. t See chapter 140. || See supplementary act, chapter 180. 265 and privates, in lieu of the spirit or whiskey component part for every 100 ra- p ,, .. .. r . , , y 1 ii 1 /■ i tions, allowed in ot the army ration, now directed by regulation, shall be nxed heu of the whiskey at six pounds of coffee and twelve pounds of sugar to every J^on-tobeisswd one hundred rations, to be issued weekly when it can be done week|y>or Paid for . , . it ■ j inmoney' with convenience to the public service, and, wdien not so issued, to be paid for in money. Sec 18. And be it farther enacted, That it shall be lawful The council of ad- for the officers composing the council of administration at any posTVuthor'izVto post, from time to time, to employ such person as they may think ^JafeVchapUta proper to officiate as chaplain, who shall also perform the du-and schoolmaster— • p i i l ii vi Pay not to exceed ties of schoofmaster at such post; and the person so employed $40 per month and shall, on the certificate of the commanding officer of the post, [vTth^uarterYanrd be paid such sum for his services, not exceeding forty dollarsfuel- per month, as may be determined by the said council of admin- istration, with the approval of the secretary of war; and, in addition to his pay, the said chaplain shall be allowed four ra- tions per diem, with quarters and fuel.* Sec 19. And be it further enacted, That an additional pro- -*n additional Pro- . , y • 1 i- p 1 • • fessor to be appoint- fessor be appointed to instruct in the studies of chemistry, mine- ed, with the com- ralogy, and geology, with the pay and emoluments now alio w- professor of ma the- ed to the professor of mathematics; and that the secretary of ^'"^"i^"^ war may assign to the said professor an assistant, to be taken the -me or cadets. from the officers of the line or cadets; wdiich assistant professor wTill receive the pay and emoluments allowed to other assistant professors. Sec 20. And be it further enacted, That whenever suitable when suitable non- -, /v.J . , ip commissioned offi- non-commissioned officers or privates cannot be procured trom cers cannot be Pro- the line of the army to serve as paymasters' clerks, paymasters ty,reoV°paymas\erUs' be, and hereby are authorized and empowered, by and with ffie'^'Jjj'™^^ approbation Of the secretary of war, to employ citizens to per- aries not exceeding form that duty, at salaries not to exceed five hundred dollars per annum, each. Sec 21. And be it further enacted, That all letters and The franking pre- packages on public business, to and from the commanding ge- loSthe°com.egenn,dcd. neral, the colonel of ordnance, the surgeon-general, and tfie°ud°hde°j'^esto_' head of the topographical corps, shall be free from postage. pog'ai. corps. Sec 22. And be it further enacted, That the President The President au- 11*11 1-11 1 1 thonzed to cause 2 shall be and he is hereby authorized, whenever he may deem of the reg. of inf. the same expedient, to cause not exceeding two of the regi- equippedTs rifle- ments of infantry to be armed and equipped and to serve as a ™*> f^n\°*eras regiment of riflemen, and one other of the regiments of infantry to be armed and equipped, and to serve as a regiment of light infantry. Sec 23. And be it farther enacted, That all acts and parts Aiiactsinconsistent of acts inconsistent with the provisions of this act, shall be andofthisact,repeaied. the same are hereby repealed. Sec 24. And be it further enacted, That hereafter the offi-officers of the pay cers of the pay and medical departments of the army shall re-andl dlcaldePart- * See supplementary act, chapter 180, by which the number of chaplains is limited to twenty. 266 menu, to receive ceive the pay and emoluments of officers of cavalry of the same officer^ ° lva ry grades respectively, according to which they are now paid by existing laws. when the regular Sec 25. And be it farther enacted, That when volunteers paymasters cannot or militia are called into the service of the United States, so pay the militia and 1*111 in ii, volunteers in ser-that the paymasters authorized by law shall not be deemed may' appoint'.Vm- sufficient to enable them to pay the troops with proper punctu- paym11tertBoi0exa-lanty5 ^ shall/be lawful for the President to appoint as many ad- ceeding one for ev- ditional paymasters as he shall deem necessary, who shall per- ery two regiments. _ 1 • i 111 i ■ 1 form the same duty, give the same bond, be subject to the same liability, and receive the same pay and emoluments, as are now Proviso. provided for paymasters of the army: Provided, however, That the number so appointed shall not exceed one for every Further proviso, two regiments of militia or volunteers: And provided, also, That the persons so appointed shall continue in service only so long as their services are required to pay militia and volun- teers. ordnance store- Sec 26. And be it further enacted, That the compensation as"aymafwrf.'to'be hereafter to be allowed to such ordnance storekeepers as shall captlfnoforduanc^^e designated as paymasters, shall not exceed the pay and emol- uments of a captain of ordnance. officersofengineers Sec 27. And be it farther enacted, That it shall be the meimfor fortifica- duty of the engineer superintending the construction of a forti- llcwo'rks'anQ mav^ca^on? or engaged about the execution of any other public be allowed$2 per WOrk, to disburse the moneys applicable to the same; and as a i per cent, on the compensation therefor, may be allowed by the secretary of war sum isbursed. ^ ^e rate of two dollars per diem, during the continuance of Proviso. such disbursements: Provided, That the whole amount of emol- ument shall not exceed one per cent, on the sum disbursed.* s^rve'ViriTt0 ^EC# ^' ^n^ ^e ^ farther enacted, That the term for which cadets hereafter admitted into the Military Academy at West Point, shall engage to serve, be, and the same is here- by, increased to eight years, unless sooner discharged. Three months' ex- Sec 29. And be it further enacted, That, in lieu of the the prJs'en't bounty, bounty now provided by law for re-enlistment, every able-bo- rers whTre-raHlt^e^ non-commissioned officer, musician, or private soldier, 2 months before, or who may re-enlist into his company or regiment within two 1 month after the . . expiration of their months before, or one month after the expiration of his term of ioTalre"Xiandservice, shall receive three months' extra pay; and also any allowed for 10 con-non.Commissioned officer or soldier, who shall have served ten secutive years of . . ' n. faithful service, consecutive years, and shall obtain from the commanding offi- cer of his company, battalion, or regiment, a certificate that he had faithfully performed his duty whilst in service, shall be al- lowed one hundred and sixty acres of land, to be designated, surveyed, and laid off at the public expense, in such manner and upon such conditions as may be provided by law; which * See supplementary act, chapter 180, by which the provisions of this section, respecting compensation, are repealed. 267 land shall be patented to the soldier or his heirs, and be not as- signable until patented.* Sec 30. And be it farther enacted, That so much of the Acts fixing the eleventh section of the act of the sixteenth March, eighteen at's fee°t 6™inches hundred and twTo,f and so much of the fifth section of the act rePealed- of the twelfth April, eighteen hundred and eighty as fix the height of enlisted men at five feet six inches, be and the same are hereby repealed. Sec 31. And be it farther enacted, That the officers of the Officers ofthe ar- army shall not be separated from their regiments and corps for parted from their employment on civil works of internal improvement, or be al- Jb^'e^ptoymenTo'n lowed to engage in the service of incorporated companies; and cmiworks,nor be o o x x ' allowed to engage no officer of the line of the army shall hereafter be employed in the service of in- ,• , vi* x c xi T i* i i corporated compa- as acting paymaster, or disbursing agent tor the Indian depart- nies—nor act as ment, if such extra employment require that he be separated ^"ngagent^ from his regiment or company, or otherwise interfere with the the Indian depart- o x j j ment*. Those so performance of the military duties proper: Provided, That employed atpre- i ft. r , i i - "t , sent to be with- where officers ot the army are now employed on civil works or drawn w;thin one in the Indian or pay departments as contemplated in this sec-jear' tion, they may be continued therein not exceeding one year, unless the convenience of the service will admit of their with- drawal sooner. Sec 32. And be it farther enacted, That the superinten- Superintendents of dents of the armories at Springfield and Harper's Ferry shall sp'ingaeid"and hereafter receive each the sum of fifteen hundred dollars, and "ar^.fderr]r5oo rations, fuel, and quarters, as at present authorized; and that dollars, and rations, the master armorers of the same shall each receive the sum of as at present. Mas- twelve hundred dollars, and fuel, and quarters, as at present ^litZTl^l^- authorized; and that the aforesaid sums and allowances to the ters- officers aforesaid shall be in full compensation for their services respectively. Sec 33. And be it farther enacted, That the President be, president autho- and he is hereby authorized, by and with the advice and con- £"** tddmonai sent of the Senate, to appoint seven additional surgeons; and surgeons. that the officers whose appointment is authorized in this sec- tion, shall receive the pay and allowances of officers of the same grades respectively. [Approved, July 5, 1838.] CHAPTER 180. An act supplementary to an act entitled "An act to increase the present Military Establishment of the United States, and for other purposes," approved July fifth, eighteen hundred and thirty-eight.|| Be it enacted by the Senate and House of Representatives original act ex •' „ » . . ~ I7j mi plained, lumtei of the United States of America, m Congress assembled, 1 hat and modified. * See supplementary act, chapter 180, which repeals the grant of land. y See chapter 49. * See chapter 57. 1 See preceding chapter. 268 the act to which this is a supplement shall be, and the same hereby is, explained, limited, and modified, as follows : Back rations not to First. Nothing contained in said act shall be so construed as past. r me to allow any officer additional rations for time past, commonly called back rations. Number of chap- Second. The posts at which chaplains shall be allowed shall twenty-^bVap-b6 limited to the number of twenty, and shall be first approved proved^secreta-by the secretary at war, and shall be confined to places most destitute of instruction. Assistant quarter- Third. That so much of said act as requires assistant quar- ™paratednfrom the termasters to be separated from the line, shall be, and the same lme- is hereby^, repealed. The number of Fourth. That the number of lieutenants authorized by said ordnance lieuts. ii- act to be added and transferred to the ordnance department, shall be limited to twelve. Monthly pay of Fifth. That the monthly pay of a private soldier, raised by §"; fUo^re*-1 sa^ act to eight dollars, shall be limited and fixed at seven dol- led tni discharg-iars a month; one dollar thereof shall be retained, as provided for in said act. Compensation to Sixth. That no compensation shall be allowed to officers of fof'dhbursin^mo-'the engineer department for disbursement of public money, ney, withdrawn. while superintending public works. Commissaries not Seventh. That the three commissaries of subsistence autho- *theeiine,arate(1 from Tlze^ by sa^ act> s^-a^ n°t De separated from the line of the army. Provision for boun- Eighth. That so much of said act as allows one hundred and > an repea e . sixj.y acres of land to soldiers who shall have served ten con- secutive years be, and the same is hereby, repealed. Additional ration Ninth. That the said act shall be so construed as to allow vicefiTaiiowied'tor'^e paymaster-general and surgeon-general of the army, the Paymaster-General additional rations therein granted to officers of the line and staff and Surgeon-Gene- „ _ , ,° nil. tor every five years service. [Approved, July 7, 1838.] CHAPTER 181. An act to amend an act entitled " An act regulating the pay and emoluments of brevet officers," passed April 16th, 1818. To be so construed Sec 1. Be it enacted by the Senate and House of Represen- cLe^fthe^dj.^en. tatives of the United States of America, in Congress assembled, u.s. That from and after the passing of this act, the act entitled "An act regulating the pay and emoluments of brevet officers," approved April sixteenth, eighteen hundred and eighteen, be, and the same shall be, so construed, as to include the case of the adjutant-general of the United States. [Approved, March 3, 1839.] 269 CHAPTER 182. An act giving to the President of the United States additional powers for the de- fence of the United States, in certain cases, against invasion, and for other purposes. Sec 1. Be it enacted by the Senate and House of Represen- President authori- tatives of the United States of America, in Congress assembled, tempt o7g. Britain That the President of the United States be, and he hereby is, ^^S""^*1™ authorized to resist any attempt on the part of Great Britain, todict*onoverthedis- enforce, by arms, her claim to exclusive jurisdiction over1"1 that part of the State of Maine which is in dispute between the United States and Great Britain; and, for that purpose, to em-Navaiand military ploy the naval and military forces ofthe United States and such pH^ws"*^ portions of the militia as he may deem it advisable to call intosal- service. Sec 2. And be it farther enacted, That the militia when Miiitia,when called called into the service of the United States by virtue of this act, ™* ITcomJeiied or of the act entitle^ "An act to provide for calling forth the l°gTmonIh"afur militia to execute the laws of the Union, suppress insurrections, arrivaiatthepiaceof. ,. . ,, i,, , • r ,. .i rendezvous, in any repel invasions, and to repeal the act now in force for these one year. purposes," may, if, in the opinion ofthe President ofthe United States, the public interest require it, be compelled to serve for a term not exceeding six months after the arrival at the place of rendezvous, in any one year, unless sooner dis- charged. Sec 3. And be it further enacted, That in the event of ac-in evento actual tual invasion ofthe territory of the United States by any foreign m^ent'danger 0T~ power, or if imminent danger of such invasion discovered, injVJna^c^°"oa_ his opinion, to exist before Congress can be convened to act ™n^j.££e/0esid^nt upon the subject, the President be, and he is hereby, authorized the se"wces°ofCnSt i* i xf* exceedinp' 50 000 if he deem the same expedient, to accept the services of any TOiunteers, in the number of volunteers not exceeding fifty thousand, in the man- TeT^^imJ ner provided for by an act entitled "An act authorizing the President of the United States to accept the service of volun- teers, and to raise an additional regiment of dragoons or mount- ed riflemen," approved May twenty-third, eighteen hundred and thirty-six. Sec 4. And be it farther enacted, That in the event ofintheeventofeither either of the contingencies provided for in this act, the Presi-pV0\iedednfor'6in™1s dent of the United States shall be authorized to complete the ^td^m- public armed vessels now authorized by law, and to equip, man, piete the public x , i • ii i l /* c ±t. TT *4- A ^med vessels now and employ, m actual service, all the naval force ot tne United authorized by law, States, and to build, purchase, or charter, arm, equip, and man, &( such vessels and steamboats on the Northern lakes and rivers, whose waters communicate with the United States and Great Britain, as he shall deem necessary to protect the United States from invasion from that quarter. Sec 5 And be it further enacted, That the sum of ten mil-$10,000,000 appro- ojli,. u. »xii<.x j , 1 • 1 • T priatcd; to provide lions of dollars is hereby appropriated, and placed at his dispo- tor which sec. treas. sal for the purpove of executing the provisions of this net; to^utm00r^yd^b,0^ provide for which the secretary of the treasury is authorized to credit of u.s.fcc 270 borrow money on the credit of the United States, and to cause to be issued certificates of stock, signed by the register of the treasuiy, for the sum to be borrowed, or any part thereof; and the same to be sold upon the best terms that may be offered af- Proviso. ter public notice for proposals for the same: Provided, That no engagement or contract shall be entered into which shall preclude the United States from reimbursing any sum or sums thus borrowed after the expiration of five years from the first of January next; and that the rate of interest shall not exceed five per cent, payable semi-annually. $18,000 appropria- Sec 6. And be it further enacted, That the sum of eighteen saiary°of°a special thousand dollars be, and the same is hereby, appropriated out Britain to Great of any money in the treasury, not otherwise appropriated, for Proviso. outfit and salary of a special minister to Great Britain: Pro- vided, The President of the United States shall deem it expe- dient to appoint the same. in theeventof either Sec 7. And be it further enacted, That in the event of of the contingencies ... p ,i , • • • i i p ■ _,i p x. J^i'i provided for in ist either of the contingencies provided for in the first and third ^dent auAorizePdrto sections of this act, the President of the United States shall be apply $1,000,000 to authorized to apply a part not exceeding one million of dollars repairing or arming Fr.J x , . , . ~ .. fortifications on sea-of the appropriation made in this act to repairing or arming board and frontier, p ,-p ,* i ,i i ■> i p .* fortifications afong the seaboard and frontier. Miiitia ^ ™iun- Sec 8. And be it further enacted, That whenever militia or ed into service u.s. volunteers are called into the service of the United States they nizatioiTof their- shall have the organization of the army of the United States, ^aytnraUowances!anc^ shall receive the same pay and allowances. This act to continue Sec 9. And be it farther enacted, That the several provi- aVafteerisUtsession si°ns 0I* ^is act shall be in force until the end of sixty days af- next congress. ter the meeting of the first session of the next Congress and no longer. [Approved, March 3, 1839.] CHAPTER 183. An act to provide for the support of the Military Academy for the year one thou- sand eight hundred and forty. [extract.] commander of ca- Sec 2. And be it farther enacted, That the commander of of infentrynstactks'the corps of cadets at the military academy, shall be either the moWnt's' Pand& instructor of infantry tactics, of cavalry and 'artillery tactics, or that of other in- 0f practical engineering, and that his pay and emoluments shall in no case be less than the compensation allowed by law to the professor of mathematics; and that the pay and emoluments of the instructors in these branches shall in no case be less than is allowed by law to the assistant professor of mathe- matics. compensation of Sec 3. And be it further enacted, That the assistant prd- sorVof ethics1'/0 es~ fessors of ethics shall be allowed the same compensation as 271 is now allowed by law to the other assistant professors in the institution. [Approved, July 20, 1840.] CHAPTER 184. An act further to continue in force the act for the payment of horses and other property lost in the military service of the United States.* Sec 1. Be it enacted by the Senate and House of Representa- a further contk- tives ofthe United States of America, in Congress assembled, That jan.°ni8, \®n, for the act, entitled "An act to provide for the payment of horses Uv0 yea,s> and other property lost or destroyed in the military service of the United States," approved on the eighteenth day of Jan- uary, eighteen hundred and thirty-seven, and wThich was con- tinued in force for two years from the end of the second session of the twenty-fifth Congress, by an act entitled "An act to con- tinue in force the act for the payment of horses and other pro- perty lost in the military service," approved on the seventh of July, eighteen hundred and thirty-eight, be, and the same is hereby, further continued in force for two years from the end of the present session of Congress. [Approved, February 27, 1841.] CHAPTER 185. An act to repeal the act entitled "An act to provide for the collection, safe-keeping, transfer and disbursement of the public revenue," and to provide for the pun- ishment of embezzlers of public money, and for other purposes. [extract.] Sec 2. And be it further enacted, That if any officer charged Felony, for officers with the safe-keeping, transfer, or disbursement of public mo- keepfng,transfe'r,or neys, or connected with the post office department, shall con- pUSbi"c8emoeneys,ofor vert to his own use, in any way whatever, or shall use by way of connected with p. investment in any kind of property or merchandize, or shall use public moneys. loan, with or without interest, any portion of the public moneys entrusted to him for safe-keeping, transfer, disbursement, or for any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much of the said moneys as shall be thus taken, converted, invested, used, or loaned, which is hereby declared to be a felony; and the neglect or refusal to Neglect or refusal pay over on demand any public moneys in his hands, upon the fer^dSS presentation of a draft, order, or warrant drawn upon him, andm?^ys'Pri,nafecie r. pi F t f evidence of such signed by the secretary of the treasury, or to transter or disburs- use. any such moneys promptly according to law, on the legal re- quirement of a superior officer, shall be prima facie evidence of * See chapter 177. 272 such conversion to his own use of so much of the public mo- Punishmehtfor ^aid neys as may be in his hands. Any officer or agent of the vising, or knowing-United States, and all persons advising, or knowingly and wil- tici>atingntheyremrlingty participating in such embezzlement, upon being convict- ed thereof before any court of the United States of competent jurisdiction, shall, for every such offence, forfeit and pay to the United States a fine equal to the amount of the money embez- zled, and shall suffer imprisonment for a term not less than six months nor more than five years. [Approved, August 13, 1841.] CHAPTER 186. Joint resolution making it the duty of the Attorney General to examine into the titles of the lands or sites for the purpose of erecting thereon armories and other public works and buildings, and for other purposes. Attorney general to Resolved by the Senate and House of Representatives ofthe l^n\ndereportnto United States of America, in Congress assembled, That it the President. shall be the duty of the attorney general of the United States to examine into the titles of all the lands or sites which have been purchased by the United States, for the purpose of erect- ing thereon armories, arsenals, forts, fortifications, navy yards, custom houses, light houses, or other public buildings of any kind whatever, and report his opinion as to the validity of the title in each case, to the President of the United States. Title-papers to be Resolved, That it shall be the duty of all the officers of the Auorneydgenerai.e United States having any of the title-papers to the property aforesaid in their possession, to furnish them forthwith to the attorney general, to aid him in the investigation aforesaid. Public money not to Resolved, That no public money shall be expended upon any be expended on any site or land hereafter to be purchased by the United States for site or land hereaf- -i i • • • ter purchased, un- the purposes aforesaid, until the written opinion of the attorney general shall be had in favor of the validity of the title, and also the consent of the legislature of the state in which the land or site may be, shall be given to said purchaser. District attorneys Resolved, That it shall be the duty of the district attorneys tance.rmsh *"" of the United States, upon the application of the attorney gen- eral, to furnish any assistance or information in their power in relation to the titles of the public property aforesaid, lying with- in their respective districts. secretaries of the Resolved, That it shall be the duty of the secretaries of the mentsUto procure executive departments, upon the application of the attorney ^dhen.onal£Vldence; general, to procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of government; the expense of procuring which to be paid out of the appropriations made for the contingencies of the departments respectively. secretaries of the Resolved, That it shall be the duty of the secretaries of the executive depart- executive departments, recr c.ively, under whose direction any 273 lands for the purposes aforesaid may have been purchased, and ments to apply to over which the United States do not possess jurisdiction, to tUres f0re juflsdlc- apply to the legislatures of the states in which the lands are Jj^J^ ^ situated, for a cession of jurisdiction, and in case of refusal, to report the same to Congress at the commencement of the next session thereafter. [Approved, September 11, 1841.] CHAPTER 187. An act to provide for satisfying claims for bounty lands, for military services in the late war with Great Britain, and for other purposes. Sec 1. Be it enacted by the Senate and House of Represen- Persons to whom tatives of the United States of America, in Congress assembled, ^iV^Zuei, That in all cases of warrants for bounty lands for military ser- J^^JS"^! vices in the war of eighteen hundred and twelve with Great ter land, &c. Britain, which remain unsatisfied at the date of this act, it shall be lawful for the person in whose name such warrant shall have issued, his heirs or legal representatives, to enter at the proper land office in any of the states or territories in which the same may lie, the quantity of the public lands subject to private en- try, to which said person shall be entitled in virtue of such warrant in quarter sections: Provided, Such warrants shall be f1?"!0! 75™?*? x j c , . to be located with- located within five years from the date ot this act. in 5 years. Sec 2. And be it farther enacted, That the terms prescribed Acts of 27th Jan. for the issuing warrants by the secretary of the department of J^ntiBued for war, under the act, entitled "An act to allow further time to complete the issuing and locating of military land warrants during the late war," and under the act, entitled "An act to extend the time of issuing military land warrants to the officers and soldiers of the revolutionary army," both of which acts were approved January twenty-seventh, eighteen hundred and thirty-five, be, and the same are hereby, respectively, renewed and continued in force for the term of five years from and after the date of this act; and all cases which shall not, within the Cases not finally time aforesaid, be finally disposed of, shall be thereafter for ever fi',Ttime" &««" barred from the benefits of all claim to bounty land for services barredl performed within the spirit and meaning of said acts: Provi-Proviso• warrants ded, That warrants issued under the provisions of this sectiont0 be ,oclted'w may be located as is provided for warrants under the first sec- tion of this act: And provided, farther, That the certificate of Further proviso; H.U11 ui "'"^ , ,1, ' u. . /• .1 • x i ii , -i certificates of loca- location obtained under the provisions ot mis act, snail not be tion not assignable, assignable, but the patent shall in all cases issue in the name of the person originally entitled to the bounty land, or to his heirs or legal representatives. 6 r [Approved, July 27, 1842.] 18 274 CHAPTER 188. An act making appropriations for the support of the army and of the military academy, for the year one thousand eight hundred and forty-two. [extract.] Relative to extra Sec 2. And be it farther enacted, That no officer in any branch of the public service, or any other person whose salary, pay, or emoluments, is or are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or any other service or duty whatsoever, unless tile same shall be authorized by law, and the appropriation therefor explicitly set forth that is for such additional pay, extra allowance, or com- pensation. [Approved, August 23, 1842.] CHAPTER 189. An act to amend an act, entitled "An act to provide for the payment of horses, or other property, lost or destroyed in the military service of the United States," approved the eighteenth of January, eighteen hundred and thirty-seven.* Actisth Jan. 1837, Sec 1. Be it enacted by the Senate and House' of Represen- embrace certain tatives of the United States of America, in Congress assembled, \t£ToitTJ™&e. That the above recited act be so amended, as to embrace the claims of any field, or staff, or other officer, mounted militia- man, volunteer, ranger, or cavalry, who has or shall sustain damage, without any fault or negligence on his part, while in the military service of the United States, by the loss of ahorse, destroyed or abandoned by order of the commanding general or other commanding officer, or by the loss of a horse by being shot, or otherwise lost or destroyed by unavoidable accident, without any fault or negligence of the owner, and when he was in the line of his duty, and for the loss of necessary equipage, in consequence of the loss of his horse, as aforesaid, shall be allowed and paid the value thereof at the time of entering the service. An appftd may be Sec 2. And be it further enacted, That in auditing and comptroller. Sec°nd settling the claims provided for in this, and in the act which this is intended to amend, an appeal may be taken and prose- cuted from the decision of the auditor rejecting the claim, to the second comptroller of the treasury, under the direction of the secretary, whose decision shall be conclusive. Horses, &c. turned Sec 3. And be it further enacted, That it shall and may be ma"b° PddUforSun-lawful to make compensation for horses, bridles, saddles, and i837actl4th °ct' equipments, turned over to the service-'of the United States, un- der the act approved October fourteenth, eighteen hundred and * See chapter 177. 275 thirty-seven, whenever it shall be made to appear that the per- son to whom they were ordered to be delivered wras acting as an officer, although there may be no returns in the department to show his regular appointment as such officer. And the cer- Evidence receiva- tificates of proper officers, whether given during or since the expiration of their term of service, shall be receivable by the auditor in the settlement of such claims. [Approved, August 23, 1842.] CHAPTER 190. An act respecting the organization of the army, and for other purposes. Sec 1. Be it enacted by the Senate and House of Represen- Dragoons to be re- toques ofthe United States of America, in Congress assembled, That hereafter, and so soon as the reduction can be effected as herein provided, each company of dragoons shall consist of the commissioned officers as now provided by law, and of four ser- geants, four corporals, two buglers, one farrier and blacksmith, and fifty privates ; and the second regiment of dragoons now 2d regiment of dra- in service shall be converted, after the fourth day of March fS^rifleTT*' next, into a regiment of riflemen; and each company of artil- Artillery to be re- lery shall consist of the commissioned officers as now provided duced" by law, and of four sergeants, four corporals, two artificers, two musicians, and forty-two privates; and each company of infan- infantry to be re- try shall consist of the same number of commissioned of- ficers as now provided, and of four sergeants, four corporals, two musicians, and forty-two privates; and that no recruits shall ^"^tuufteJ1' be enlisted for the dragoons, artillery, or infantry, until the the reduction. numbers in the several companies shall be reduced by the ex- piration of the term of service, by discharge, or other causes, be- low the number herein fixed for the said companies respectively: Provided, That nothing in this section shall be construed to pre- Proviso; re-eniist- ,., t, , p • • la- l x ment of non-com- vent the re-enlistment of non-commissioned orncers wnosje terms missioned officers of service may expire before the army shall be reduced to theallowe(1, number heretofore established. Sec 2. And be it further enacted, That the offices of the offices ofsuperin- i pi ■ rt • r* 1 . Ii-TT 1 tendents of armo- supenntendents of the armories at Spnngheld, and at Harper s ries, at Springfield Ferry shall be, and the same are hereby abolished, and the du- abolished"'3 e"T ties thereof shall be performed by such officers of the ordnance Duties to be Per- corps as shall be designated by the President; and that from^d'bf wh°m- Xr /. •■ /. .-. •* i i j. Relative to master and after the first day of October next, the master armorers, at armorers, i»sPec- the national armories, shall receive, each, twelve hundred dol- Se^and mil- iars, annually, payable quarter yearly; and the inspectors and rx storekeepers, clerks, each, eight hundred dollars per annum; and the paymas- ters and military storekeepers, at the armories, and at the arse- nals of construction at Pittsburg, Watervleit, and Washington city, shall receive each twelve hundred and fifty dollars annual- 276 ly, payable in like manner, and the said paymasters and military storekeepers, shall give security for the faithful discharge of their duties, in such sum as the secretary of war shall prescribe. And the two military storekeepers, authorized by the act of second of March, one thousand eight hundred and twenty-one, shall receive each, twelve hundred and fifty dollars per annum. And no military storekeeper, at arsenals, shall, after the first day of October next, receive, as pay, or emoluments, beyond eight hundred dollars per annum, besides quarters actually provided and occupied as such, and the number authorized to be thus employed is hereby limited to ten; and all other offices of mili- tary storekeepers are hereby abolished, and discontinued, on and after said first day of October, and the officers hereby dismissed, shall be allowed three months' pay in addition to the pay and emoluments to which they may be entitled on that day. And none of the above named officers, and no officers at the armo- ries, of any grade whatever, shall hereafter receive emoluments of any kind, or any compensation or commutation beyond their stipulated pay, in money, except quarters actually provided for and occupied by such officers. office of commis- Sec 3. And be it further enacted, That the office of com- rhYse^aboiished?' missary-general of purchases, sometimes called commissary of purchases, shall be, and the same is herebyr abolished, and the Duties to be per- duties thereof shall hereafter be performed by the officers of the ftrmed, by whom, qUartermaster's department, with such of the officers and clerks now attached to the purchasing department as shall be autho- rized by the secretary of war, and under such regulations as shall be prescribed by the said secretary, under the sanction of the President of the United States. offices of 1 inspec- SEC, 4, And be it further enacted, That, within one month tor-general, 3 pay- „ . p i • i pp p • i p masters, 2 surgeons, alter the passage of this act, the offices of one inspector-general, ot aboHshed^T*."1'' three paymasters, two surgeons, and ten assistant surgeons of the army shall be abolished, and that number of paymasters, surgeons and assistant surgeons, shall be discharged by the Pre- sident, and they shall be allowed three months' pay, in addition to the pay and emoluments to which they may be entitled at the time of their discharge. Employment of a Sec 5. And be it further enacted, That a competent person fenTSi^manufacI mav t>e employed by the ordnance bureau, under the direction ture of iron cannon 0f the secretary of war, for such time as may be necessary, to authorized. . . J r ' J i p superintend the manutacture of iron cannon at the several foun- dries where such cannon may be made under contracts with the United States, whose pay and emoluments shall not exceed those of a major of ordnance during the time he shall be so employ- ed, to be paid out of the appropriations for armament of fortifi- cations ; and for the services rendered in such superintendence since the first day of March, eighteen hundred and forty-one, under the authority of the war department, the same compensa- tion shall be allowed as herein provided. Rations allowed to Sec ,6. And be it further enacted, That the rations autho- certam officers by r[ze^ to ^e a]ioweci to a brigadier while commander-in-chief, and 277 to each officer while commanding a separate post, by the act of acts of the 3d March third, seventeen hundred and ninety-seven, and to the i6ACMarch,'i802, commanding officers of each separate post, by the act of March J0"SWefo.io*w- sixteen, eighteen hundred and two, shall hereafter be allowed to ins officer8 °nly- the following officers and no others: to the major-general com- manding the army, and to every officer commanding in chief a separate •army, actually in the field; to the generals command- ing the eastern and western geographical divisions; to the colo- nels or other officers commanding military geographical depart- ments ; to the commandant of each permanent or fixed post, garrisoned with troops, including the superintendent of the mil- itary academy at West Point, who is regarded as the comman- dant of that post. [Approved, August 23, 1842.] CHAPTER 191. An act further to continue in force the act for the payment of horses and other property lost in the military service of the United States.* Sec 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, Act ef 18th j That the act entitled "An act to provide for the payment of jy* 1837> continued horses and other property lost in the military service of the °r woyeat5. United States," approved on the eighteenth day of January, eighteen hundred and thirty-seven, and which has been con- tinued in force until the end ofthe present session of Congress, be, and the same is hereby, continued in force for two years from and after the end of the present session of Congress : Pro- vided, That at the end of the last aforesaid term of two years, all claims intended to be provided for by said act, shall be for- ever barred and irrecoverable before any tribunal whatever: ban-eTthereafter. Provided farther, That in making proof of the loss of a horse, under the provisions of the aforesaid act, for want of forage, the „ j. -/ t o * rroviso, relative to additional proof of hard service connected therewith, shall not the proof of loss of» be construed to invalidate the proof of such loss by reason of the forage.0' want of failure of the government to furnish forage, the proof of want of foiage being satisfactory. [Approved, March 3, 1843.] CHAPTER 192. An act to repeal so much of the act approved the twenty-third of August, one thousand eight hundred and forty-two, as requires the second regiment of dra- goons tobe converted into a regiment of riflemen after the fourth day of March, one thousand eight hundred and forty-three.y Sec 1. Be it enacted by the Senate and House of Represen- Repeal of so much tatives of the United States of America, in Congress assembled, 2d regYmentX'ra- That so much ofthe act entitled "An act respecting the organ- s°on8t0 b'<-on"r<- * See chapter 177. f See chapter 190. 278 ed into regiment of ization of the army, and for other purposes," approved the twenty-third day of August, one thousand eight hundred and forty-twTo, as requires the second regiment of dragoons to be converted into a regiment of riflemen after the fourth day of March, one thousand eight hundred and forty-three, be, and the same is hereby, repealed. Regiment to be re- Sec 2. And be it further enacted, That the present regi- mounted,and placed ,r-/v /* i ji i • , p l on the same footing ment oi riflemen, formerly the second regiment of dragoons, asthe 1st regiment, g^jjj^ as soon as jt can ^e effected after the passage of this act, be remounted, and called the second regiment of dragoons, and shall in all things be governed by the same organization and regulations as are provided by the act raising the first regiment of dragoons, entitled "An act for the more perfect defence of the frontier," approved the second day of March, one thousand eight hundred and thirty-three, and shall, in all respects, be placed upon the same footing as the said first regiment of dra- goons. [Approved, April 4, 1844.] CHAPTER 193. An act making an appropriation for the payment of horses lost by the Missouri volunteers in the Florida war. $34,500 appropri- Sec 1. Be it enacted by the Senate and House of Represen- ated> tatives of the United States of America, in Congress assembled, That there is hereby appropriated the sum of thirty-four thou- sand five hundred dollars to be expended out of any money in the treasury not otherwise appropriated, for the purpose of pay- ing the Missouri volunteers the value of their horses and equi- page lost or cast away at sea, or which perished or died in con- sequence of suffering at sea in the voyage from New Orleans to Tampa Bay, in the year eighteen hundred and thirty-seven: and also for such horses as were turned over to the government Value of horsesand by the order of the commanding officer. The value of all horses settlement of claims t0 be ascertained, and the settlement of all claims to be made ing to act of March according to the provisions of an act, entitled "An act making appropriations for preventing and suppressing Indian hostilities for the year eighteen hundred and thirty-nine," approved third of March, eighteen hundred and thirty-nine, or so much of said act as provides for paying the value of horses and equipage of the Tennessee and other volunteers who have at any time been in the service of the United States in the territory of Flori- da, and according to the provisions of the fourth section of an act entitled "An act making appropriations for the support of the army for the year one thousand eight hundred and thirty- nine," approved third of March, eighteen hundred and thirty- Acts relating to nine: and the said acts, or so much of them as relates to or 279 has a bearing upon those claims as aforesaid, and other exist"^ims/°o,hu°rtseeesr's ing claims be and the same are hereby revived and continued in Florida war re- in force for two years from the passage of this act. Sec 2. And be it farther enacted, That an act entitled ^^d?18' "An act to provide for the payment of horses and other property lost in the military service of the United States,"* approved on the eighteenth day of January, eighteen hundred and thirty- seven, and all other acts or parts of acts relating to the same subject be and the same are hereby continued in force for the period of two years from and after the limitation provided for by an act approved March third eighteen hundred and forty-three : Provided, That the foregoing act shall not extend to cases Proviso: not to «- which may arise in any future war. xTtMmZwa.™* [Approved, June 15, 1844.] CHAPTER 194 An act making appropriations for the support of the army for the fiscal year end- ing on the thirtieth day of June, eighteen hundred and forty-five. [extract.] For commutation of forage of officers' horses, seventy-thou- {^"jfejf sand dollars : Provided, That forage shall be allowed only for Proviso. horses actually mustered. [Approved, June 17, 1844.] CHAPTER 195. An act making appropriations for the support of the army, for the year ending on the thirtieth day of June, eighteen hundred and forty-six. [extract.] For commutation of forage for officers' horses, sixty-four commutation of thousand dollars: Provided, That general and field officers orag*- shall not be entitled, in time of peace, to draw forage or money in lieu thereof, for more than three horses each, to be owned and actually kept in service; officers of the regiments of dra- goons below the rank of field officers, for two horses each; and all other officers now entitled to forage, for one horse each, to be owned and actually kept in service. [Approved, March 3, 1845".] * See chapter 177. 280 CHAPTER 196. A resolution to suspend a part of the third section of thc joint resolution of the eleventh of September, one thousand eight hundred and forty-one, relating to armories.* Suspended in case Resolved by the Senate and House of Representatives of the at Memphis. ep° United States of America, in Congress assembled, That so much of the third section of the joint resolution of the eleventh of Sep- tember, one thousand eight hundred and forty-one, as requires the consent of the state before the expenditure of any public money, upon any site or land purchased by the United States, for the purpose of armories, arsenals, posts, fortifications, navy yards, custom-houses, light-houses or other public buildings of any kind, be, and the same is hereby, suspended, so far as the same is applicable to the naval depot at Memphis, in the state of Tennessee, until after the adjournment of the first session of the legislature of said state which may be held after the pas- sage of this resolution. [Approved, February 13, 1845.] CHAPTER 197. An act providing for the prosecution of the existing war between the United States and the Republic of Mexico. Preamble. Whereas, by the act of the Republic of Mexico, a state of war exists between that Government and the United States: President authoria- Sec 1. Be it enacted by the Senate and House of Represen- tia, MvSfand miii- tatives of the United States of America, in Congress assembled, unlted0rstete°f ml That, for the purpose of enabling the Government ofthe United to can for and ac- States to prosecute said war to a speedy and successful termina- voiuntetr?1noCteSei- tion, the President be and he is hereby authorized to employ ceeding 50,000. the ^^ n2iVa\, and military forces of the United States, and to call for and accept the services of any number of volunteers, not exeeding fifty thousand, who may offer their services either Time volunteers as cavalry, artillery, infantry, or riflemen, to serve twelve months after they shall have arrived at the place of rendezvous, or to the end of the war, unless sooner discharged, according to the time for which they shall have been mustered into service; Ten millions of doi- and that the sum of ten millions of dollars, out of any moneys lars appropriated. jn fa treasury or to come into the treasury, not otherwise ap- propriated, be and the same is hereby appropriated, for the pur- pose of carrying the provisions of this act into effect. Miiitia to serve for Sec 2. And be it further enacted, That the militia, when six aonths. called into the service of the United States by virtue of this act, or any other act, may, if in the opinion of the President of the United States the public interest requires it, be compelled to * See chapter 186. 281 serve for a term not exceeding six months after their arrival at the place of rendezvous, in any one year, unless sooner dis- charged. Sec 3. And be it farther enacted, That the said volun- Volunteers to fur- teers shall furnish their own clothes, and if cavalry, their own horses, eandCe°qJp- horses and horse equipments; and when mustered into service^d lt\he° eZ shall be armed at the expense ofthe United States. pense ofthe u.s. Sec 4. And be it further enacted, That said volunteers volunteers to be shall, when called into actual service, and while remaining andTrticies 0efwa" therein, be subject to the rules and articles of war, and shall be in all respects, except as to clothing and pay, placed on the same footing with similar corps ofthe United States army; and in lieu of clothiftg every non-commissioned officer and private in any company, wTho may thus offer himself, shall be entitled, when called into actual service, to receive in money a sum equal to the cost of clothing of a non-commissioned officer or pri- commutation for vate (as the case may be) in the regular troops of the United00 ing' States.* Sec 5. And be it further enacted, That the said volunteers Volunteers, how •/ -* t lo pg accepted! so offering their services shall be accepted by the President in companies, battalions, squadrons, and regiments, whose officers shall be appointed in the manner prescribed bylaw in the seve-Their officers, how ral states and territories to which such companies, battalions, ai)i>omted' squadrons, and regiments shall respectively belong. Sec 6. And be it further enacted, That the President of organization and fTT... , */11 ., , , . , . apportionment of the United States be and he is hereby authorized to organize field, staff, and gen- companies so tendering their services into battalions or squad-eral office^s• rons, battalions and squadrons into regiments, regiments into brigades, and brigades into divisions, as soon as the number of volunteers shall render such organization, in his judgment, ex- pedient; and the President shall, if necessary, apportion the staff, field, and general officers among the respective states and territories from which the volunteers shall tender their services as he may deem proper. Sec 7. And be it further enacted, That the volunteers \vhoProvisionforT°lun- ... */, . /> i tt * i o i • teers wounded in may be received into the service of the United States, by vir-service. tue of the provisions of this act, and who shall be wTounded or otherwise disabled in the service, shall be entitled to all the benefit which may be conferred on persons wounded in the ser- vice ofthe United States. Sec 8. And be it further enacted, That the President of President authork- «/ . ' i ' i p i • i edto complete all the United States be and he is hereby authorized forthwith to public armed yes- complete all the public armed vessels now authorized by law,bViawrandtopur- and to purchase or charter, arm, equip, and man such merchant ^f^Ht'e'am' vessels and steamboats as, upon examination, may be found boa's- fit, or easily converted into armed vessels fit for the public ser- vice, and in such number as he may deem necessary for the protection of the seaboard, lake coast, and the general defence of the country. Sec 9. And be it farther enacted, That whenever the mi- aTeS-Cuti?3'' * See chap. 201, sec. 9. 282 litia or volunteers are called and received into the service of the United States, under the provisions of this act, they shall have the organization of the army of the United States, and shall Allowance to have the same, pay and allowances; and all mounted privates, wMdrisk'oftheir non-commissioned officers, musicians, and artificers, shall be horses. allowed 40 cents per day for the use and risk of their horses, except of horses actually killed in action; and if any mounted volunteer, private, non-commissioned officer, musician, or arti- ficer shall not keep himself provided with a serviceable horse, the said volunteer shall serve on foot. [Approved, May 13, 1846.] CHAPTER 198. An act to authorize an increase of the rank and file of the army of the United States. number of privates Sec 1. Be it enacted by the Senate and House of Represen- the^-ristkj "2gtf tatives of the United States of America, in Congress assembled, ^entstobeincreas-That the President of the United States be and is hereby au- thorized, by voluntary enlistment, to increase the number of privates in each or any of the companies of the existing regi- ments of dragoons, artillery, and infantry to any number not exceeding one hundred, whenever, in his opinion, the exigen- cies ofthe public service may require the same, and to reduce Reduced when the the same to sixty-four when the exigencies requiring the present "ggesnuch8 i„:ret;increase shall cease: Provided, That, said enlistments shall be shall cease. Proviso. for ^g term 0f five years, and no longer, unless sooner dis- banded by the President. [Approved, May 13, 1846.] CHAPTER 199. An act for the organization of a company of sappers, miners, and pontoniers. a company of sap- Sec 1. BeM enacted by the Senate and House of Represen- pTtoSerr^oe tatives of the United States of America, in Congress assembled, raised. That there be added to the corps of engineers one company of sappers, miners, and pontoniers, to be called engineer soldiers; which company shall be composed of ten sergeants, or master workmen, ten corporals or overseers, two musicians, thirty-nine privates of the first class, or artificers, and thirty-nine privates of the second class, or laborers; in all one hundred men. pay and rations. Sec 2. And be it farther enacted, That the pay and rations of the sergeants, or master workmen of said company, shall be the same as those now allowed by law to the master workmen 283 employed by the ordnance department, excepting that the en- gineer sergeants shall receive one ration only per day, instead of one ration and a half; of the corporals, or overseers, the same as those now allowed by law to the armorers, carnage- makers, and blacksmiths employed by the ordnance department, excepting that the engineer corporals shall receive one ration only per day, instead of one ration and a half; ofthe privates of the first class, or artificers, the same as those now allowed by law to the artificers employed by the ordnance department; of the privates of the second class, or laborers, the same as those now allowed by law to the laborers employed by the ordnance department; and of the musicians, the same as those allowed by law to the musicians of the line of the army; the said non-commissioned officers, privates, and musicians being re- spectively entitled to the same clothing and other allowances as clothing, &c. are granted by law to non-commissioned officers, privates, and musicians of the artillery in the army of the United States. Sec 3. And be it farther enacted, That the said engineer placed on the same company shall be subject to the rules and articles of war ; shall [r°opsSoTthehij. s, be recruited in the same manner, and with the same limitation, and shall be entitled to the same provisions, allowances, and benefits, in every respect, as are allowed to the other troops constituting the present military peace establishment. Sec 4. And be it farther enacted, That the said engineer To be attached to company shall be attached to and compose a part of the corps neers^anVtoTe81 of engineers, and be officered by officers of that corps, as at "f^corY&c6" present organized ; they shall be instructed in and perform all the duties of sappers, miners, and pontoniers, and shall aid in giving practical instructions in these branches at the military academy; they shall, moreover, under the orders of the chief engineer, be liable to serve by detachments, in overseeing and Liable to serve by aiding laborers upon fortifications or other works under the en- gineer department, and in supervising finished fortifications as fort-keepers, preventing injury and applying repairs. Sec 5. And be it further enacted, That the chief engineer, The chief engineer with the approbation of the secretary of war, be authorized to teVmfSe&e number regulate and determine the number, quality, form, dimensions, necessl'r*f vehicles" &c. of the necessary vehicles, pontons, tools, implements, arms, p°ntons> tools> &c« and other supplies for the use and service of said company as a body of sappers, miners, and pontoniers. Sec 6. And be it farther enacted, That, for the fiscal year, Appropriation. ending June thirtieth, one thousand eight hundred and forty- six, the sum of twenty-five thousand dollars be, and the same is hereby appropriated, to be paid out of any moneys in the trea- sury not otherwise appropriated, for the pay, subsistence, and clothing of said company, and for carrying out the other pur- poses of this act. [Approved, May 15, 1846.] 284 raised. CHAPTER 200. An act to provide for raising a regiment of mounted riflemen, and for establishing military stations on the route to Oregon. Regiment of mount- Sec 1. Be it enacted by the Senate and House of Represen- t0 be tatives of the United States of America, in Congress assembled, That there shall be raised one regiment of mounted riflemen, to be composed and organized as follows, to wit: One colonel, one lieutenant-colonel, one major, one quartermaster-sergeant, and two chief buglers, one adjutant, who shall be a lieutenant, one sergeant-major, one chief musician, and ten companies; each company shall consist of one captain, one first lieutenant, one second lieutenant, (exclusive of the adjutant-lieutenant,) four sergeants, four corporals, twTo buglers, one farrier, one blacksmith, and sixty-four privates. Payandemoiu- Sec 2. And be it farther enacted, That the officers, non- commissioned officers, musicians, and privates shall be entitled to the same pay and emoluments as are allowed to dragoons, and that the farrier and blacksmith shall receive the same pay and allowances as are allowed to an artificer of artillery. To be subject to the Sec 3. And be it farther enacted, That the said regiment war, and recruited of riflemen shall be subject to the rules and articles of war, and ^'othe^"^^ shall be recruited in the same manner as other troops in the ser- UiS- vice of the United States, and with the same conditions and limitations; and the officers, non-commissioned officers, musi- cians, privates, blacksmiths, and farriers shall be entitled to the Provisions for same provisions for wounds and disabilities, and the same pro- blmretan^forwid- visions for widows and children, and the same allowances and ows and children, benefits, in every respect, as are allowed to other troops com- posing the army of the United States. Extra compensation Sec 4. And be it farther enacted, That the non-commis- or aigue u y. sione(] 0fficers, musicians, and privates of said regiment, when employed in constructing fortifications, making surveys, cutting roads, or performing other labor, shall be allowed fifteen cents per day each, with a commutation in money for the extra spirit ration, as provided by the act of the second of March, one thou- sand eight hundred and nineteen, entitled "An act to regulate the pay of the army when on fatigue duty."* Appropriation for Sec 5. And be it furtherenacted, That the sum of seventy- mountmg eqmp- g*x thousand five hundred dollars, for mounting and equipping said regiment, be, and the same hereby is appropriated, to be paid out of any moneys in the treasury not otherwise appro- priated. Appropriation for Sec 6. And be it further enacted, That a sum not exceed- "utetoOregon!011 ing three thousand dollars, out of any moneys in the treasury not otherwise appropriated, be, and the same hereby is, appro- priated, to defray the expenses of each military station or de- fence which the President may deem necessary on the line of • See chapter 120. 285 communication with Oregon, and a sum not exceeding two thousand dollars for making compensation to the Indian tribes which may own or possess the ground on which the said station may be erected, and for each station. [Approved, May 19, 1846.] CHAPTER 201/ An act supplemental to an act entitled "An act providing for the prosecution of the existing war between the United States and the Republic of Mexico," and lor other purposes. Sec 1. Be it enacted by the Senate and House of Represen-one major-general tatives of the United States of America, in Congress assembled, genets to"!^" That the President of the United States be, and he hereby is, P°intcd- authorized to appoint, by and with the advice and consent of the Senate, one major-general, and two brigadier-generals, in addition to the present military establishment: Provided, That Proviso. when the war with Mexico shall be terminated by a definitive treaty of peace, duly concluded and ratified, the number of major-generals in the army shall be reduced to one, and the number of brigadier-generals shall be reduced to two; and the President of the United States is authorized and directed to select from the whole number which may then be in office, with- out regard to the date of their commissions, the number to be retained, and cause the remainder to be discharged from the service of the United States. Sec 2. And be it furtlier enacted, That the President of ^S'^^jj the United States be, and he hereby is, authorized to call into ser"ce general offi- the service, under the act approved May thirteen, eighteen hun- °e' dred and forty-six, such of the general officers of the militia as the service, in his opinion, may require, and to organize into brigades and divisions the forces authorized by said act, accord- ing to his discretion. Sec 3. And be it further enacted, That the field and staffFWd^*'.of i i- p i ii -i in seParate battalion of a separate battalion of volunteers, under the said act, shall °? volunteers estab- be one lieutenant-colonel or major, one adjutant, with the rank of lieutenant, one sergeant-major, one quartermaster-sergeant, and a chief bugler or principal musician, according to corps. Sec 4. And be it further enacted, That the President of^ua^emrp°afnPriTale» the United States may limit the privates in any volunteer com- pany, according to his discretion, at from sixty-four to one hun- dred; and that with every volunteer company an additional se-^VfitiitaSt'ti- cond lieutenant may be allowed and accepted. lowed- Sec 5. And be it farther enacted, That when volunteers or Afddn^011*1 rofficer» militia are called into the service of the United States in such ter, commissar™3*" numbers that the officers of the quartermaster, commissary, and mLT^fbelp^ medical departments, authorized by law, be not sufficient to Pointed- provide for supplying, quartering, transporting, and furnishing 286 them with the requisite medical attendance, it shall be lawful for the President to appoint, with the advice and consent of the Senate, as many additional officers of said department as the service may require, not exceeding one quartermaster and one commissary for each brigade, with the rank of major, and one assistant quartermaster, with the rank of captain, one assistant commissary, with the rank of captain, one surgeon, and one as- sistant surgeon, for each regiment; the said quartermasters and commissaries, assistant quartermasters and assistant commissa- ries, to give bonds, with good and sufficient sureties, for the faithful performance of their duties; and they and the said sur- geons and assistant surgeons to perform such duties as the Pre- Proviso. sident shall direct: Provided, That the said officers shall be allowed the same pay and emoluments as are now allowed to officers of the same descriptions and grades in those depart- ments, respectively; that they be subject to the rules and arti- cles of war, and continue in service only so long as their ser- vices shall be required, in connexion with the militia and vol- unteers. Assistant adjutant- sEC- q, j{nd be it furtlier enacted, That the President ofthe generals may be ap- - 1 1 1 i • i • i pointed. United States be, and he hereby is, authorized to appoint as many additional assistant adjutant-generals, not exceeding four, as the service may require; who shall be appointed, by and with the advice and consent ofthe Senate, in the same manner, have the same brevet rank, pay, and emoluments, and be charg- Proviso. ed with the same duties, as those now authorized by law: Pro- vided, That these additional appointments shall continue only so long as the exigencies of the service may render necessary. Promotions and ap- Sec 7. And be it farther enacted, That promotion in the quS'urmastTr'sde-quartermaster's department, to the rank of major, shall hereafter partment, &c. ^e mac}e from the captains of the army; and that appointments in the line, and in the general staff, which confer equal rank in the army, shall not be held by the same officer at the same time; and when any officer of the staff who may have been taken from the line shall, in virtue of seniority, have obtained or be entitled to promotion to a grade in his regiment equal to the commission he may hold in the staff, the said officer shall vacate such staff commission, or he may, at his option, vacate his commission in the line. Aids-de-camp. Sec 8. And be it farther enacted, That the aids-de-camp of the major-general commanding the army in time of war, may be taken from the line, without regard to rank; and the aids- de-camp allowed toother major-generals and brigadier-generals may be taken from the grade of captain or subaltern; and that Military secretary, the commanding or highest general in rank may, while in the field, appoint a military secietary from the subalterns of the army, who shall have the pay and emoluments of a major of cavalry for the time being. Allowance for Sec 9. And be it farther enacted, That the allowance for ciothmg. clothing to each non-commissioned officer, musician, and pri- vate of volunteers shall be three dollars and fifty cents per 287 month, during the time he shall be in the service of the United States. Sec 10. And be it further enacted, That the non-commis-subsistence and i ft. ■ ■ J i . pi i 'v,' forage of volunteers sioned olticers, musicians, and privates of volunteers and militia, and miiitia. when called into the service of the United States, shall be en- titled to receive fifty cents, in lieu of subsistence, and.twenty- five cents in lieu of forage for such as are mounted, for every twenty miles, by the most direct route, from the period of leav- ing their homes, to the place of general rendezvous, and from the place of discharge back to their homes. Sec 11. And be it further enacted, That the colonel or E.^l,?enn3e j^ho" senior officer of the ordnance department is authorized to enlist nance department. for the service of that department as many master armorers, master carriage-makers, master blacksmiths, artificers, armorers, carriage-makers, blacksmiths, and laborers, as the public ser- vice, in his judgment, under the directions of the secretary for the department of war, may require. [Approved, June 18, 1846.] CHAPTER 202. An act to provide for the organization of the volunteer forces, brought into the service of the United States, into brigades and divisions, and for the appoint- ment of the necessary number of general officers to command the same. Sec 1. Be it enacted by the Senate and House of Represen- The President to tatives of the United States of America, in Congress assembled, l^^f^™ ££ That the President of the United States be, and he is hereby,sions- authorized to organize into brigades and divisions such of the volunteer forces as have been or may be called into the service of the United States, under the act approved May thirteen, eighteen hundred and forty-six, entitled "An act providing for the prosecution of the existing war between the United States and the Republic of Mexico;" and that he be, and hereby May appoint such is, authorized to appoint, by and with the advice and consent ofge^rau^ndTri- the Senate, such number of major-generals and brigadier-gen-1^";^™'^ erals as the organization of such volunteer forces into brigades and divisions may render necessary: Provided, That the briga- pr0viso. dier-generals and major-generals, so appointed shall be dis- charged from service by the President of the United States, when the war with Mexico shall be terminated by a definitive treaty of peace, duly concluded and ratified; or, in case the brigades or divisions of volunteers at any time in the service shall be reduced in number, the brigadier-generals and major- generals herein provided for shall be discharged in proportion to the reduction in the number of the brigades and divisions: And provided, farther, That each brigade of volunteers shall stren^f each consist of not less than three regiments, and each division shall sion. consist of not less than two brigades. [Approved, June 26, 1846.] 288 CHAPTER 203. An act making appropriations for the support of the military academy for the year ending on the thirtieth June, eighteen hundred and forty-seven. [extract.] Board of visiters. Sec 2. And be it further enacted, That the President be authorized to appoint a board of visiters, to attend the annual examination of the military academy, whose duty it shall be to report to the secretary of war, for the information of Con- gress, at the commencement of the next succeeding session, the actual state of the discipline, instruction, police administration, fiscal affairs, and other concerns of the institution: Provided, That the whole number of visiters each year shall not exceed How selected. the half of the numbei of states in the Union; and that they shall be selected, alternately, from every second state, each member being a bona fide resident citizen of the state from which he shall be appointed; that not less than six members shall be taken from among officers actually serving in the militia; and that a second member shall not be taken from any congressional district, until every other district in the state shall have supplied compensation. a member: Provided further, That no compensation shall be made to said members beyond the payment of their expenses for board and lodging while at the military academy, and an allowance not to exceed eight cents per mile, for travelling by the shortest mail route from their respective homes to the aca- demy, and back to their homes. And the sum of two thousand dollars is hereby appropriated to defray the expenses of said board of visiters at the next annual examination. Teachers. gEC. 3. jjnd be it further enacted, That the teacher of draw- ing and the first teacher of French at the military academy shall hereafter be, respectively, professor of drawing and pro- fessor of the French language. [Approved, August 8, 1846.] CHAPTER 204. An act making appropriations for the naval service for the year ending on the thirtieth June, eighteen hundred and forty-seven. [extract.] [Marine Corps.]—For pay of officers, non-commissioned officers, musicians, privates, and servants, serving on shore, and subsistence of officers, two hundred thousand seven hundred and seventy-one dollars: Provided, That no payment shall hereafter be made to the colonel or any other officer of said corps, by virtue of a commission of brigadier-general by brevet. [Approved, August 10, 1846.] Pay and subsis- tence. Proviso. 289 CHAPTER 205.* Resolutions, expressive of the sense of Congress of the gallantry and good con- duct with which the reputation of the arms of the United States has been sus- tained by major-general Brown, major-general Scott, major-general Porter, ma- jor-general Gaines, major-general Macomb, and brigadiers Ripley and Miller. Resolved, by the Senate and House of Representatives of the The thanks of con- United States of America, in Congress assembled, That the Irown, his officer. thanks of Congress be, and they are hereby, presented to ma- ™t\™t?y, fo&c*eat ior-general Brown, and, through him, to the officers and men, Chippewa, Niaga- J o ' ipx -1- ■ ii* j' ra, and Erie, &c. of the regular army, and of the militia, under his command, for their gallantry and good conduct in the successive battles of Chippewa, Niagara, and Erie, in Upper Canada, in which British veteran troops were beaten and repulsed by equal or inferior numbers; and that the President of the United States a gold medal to be requested to cause a gold medal to be struck, emblematicalGen< Brown" of these triumphs, and presented to major-general Brown. Resolved, That the President ofthe United States be requested ^1™^ to cause a gold medal to be struck, with suitable emblems and devices, and presented to major-general Scott, in testimony of the high sense entertained by Congress of his distinguished services in the successive conflicts of Chippewa, and Niagara, and of his uniform gallantry and good conduct in sustaining the reputation of the arms of the United States. Resolved, That the President of the United States be request- g°^e^° ed to cause gold medals to be struck, with suitable emblems Miiier, and ' and devices, and presented to brigadier-general Ripley, briga- dier-general Miller, and major-general Porter, in testimony of the high sense entertained by Congress of their gallantry and good conduct in the several conflicts of Chippewa, Niagara, and Erie. Resolved, That the thanks of Congress be, and they are hereby, presented to major-general Gaines, and through him, to the officers and men under his command, for their gallantry and good conduct, in defeating the enemy at Erie on the fif- teenth of August; repelling with great slaughter, the attack of a British veteran army, superior in number; and that the President of the United States be requested to cause a gold*g*™££to medal to be struck, emblematical of this triumph, and presented to major-general Gaines. Resolved, That the thanks of Congress be, and they are here- tj^ thanw c«- by, presented to major-general Macomb, and, through him to fomb, officers, and the officers and men of the regular army under his command, S ™dct0 the and to the militia and volunteers of New York and Vermont, for their gallantry and good conduct in defeating the enemy at Plattsburg, on the eleventh of September; repelling, with one thousand five hundred men, aided by a body of militia and volunteers from New York and Vermont, a British veteran * The resolutions which constitute this and the two succeeding chapters, though they do not come within the original design of the work, are nevertheless deemed highly worthy of a place in conclusion, and are, therefore, inserted here. 290 Gtn. Macomb. army, greatly superior in number; and that the President of a gold medai to the United States be requested to cause a gold medal to be struck, emblematical of this triumph, and presented to major- general Macomb. [Approved, November 3, 1814.] CHAPTER 206. Resolutions expressive of the thanks of Congress to major-general Jackson, and the troops under his command, for their gallantry and good conduct in the de- fence of New Orleans. The thanks of Con- Resolved, by the Senate and House of Representatives of fo"'officers,'Jack" the United States of America, in Congress assembled, That the soldiers, miiitia, thanks of Congress be, and thev are hereby, given to major- and volunteers, &c. o 7 *\ J J o J general Jackson, and, through him, to the officers and soldiers ofthe regular army, ofthe militia, and of the volunteers, under his command, the greater proportion of which troops consisted of militia and volunteers, suddenly collected together, for their uniform gallantry and good conduct, conspicuously displayed against the enemy, from the time of his landing before New Orleans, until his final expulsion therefrom; and particularly for their valor, skill, and good conduct, on the eighth of January last, in repulsing, with great slaughter, a numerous British army, of chosen veteran troops, when attempting, by a bold and daring attack, to carry by storm the works hastily thrown up for the protection of New Orleans; and thereby obtaining a most signal victory over the enemy, with a disparity of loss, on his part, unexampled in military annals. a gold medai to Resolved, That the President ofthe United States be request- Gen. Jackson, &c. ej to cause to be struck a gold medal, with devices emblema- tical of this splendid achievement, and presented to major-gen- eral Jackson, as a testimony of the high sense entertained by Congress of his judicious and distinguished conduct on that memorable occasion. The President re- Resolved, That the President of the United States be request- precidingresoiu-eed to cause the foregoing resolutions to be communicated to m«nSicatedbetoCGen. major-general Jackson, in such terms as he may deem best cal- jackson, &c. culated to give effect to the objects thereof. [Approved, February 27, 1815.] CHAPTER 207. Resolution directing medals to be struck, and, together with the thanks of Con- gress, presented to major-general Harrison and governor Shelby, and for other purposes. Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the 291 the ians thanks of Congress be, and they are hereby, presented to major- Thanks of congress , ,,...„. ° TT 1 TT . •> i t 01 n ix t0 Oen* Harrison general William Henry Harrison, and Isaac Shelby, late go- anQGovernorshei- vernor of Kentucky, and, through them, to the officers and men J* ^ncQ fJ£0|a"*" under their command, for their gallantry and good conduct in duct*n defeating tb, ip • l-i-r.-*, &*ti- p 1 • British and Indiani defeating the combined British and Indian forces under major- on the Thames, &c general Proctor, on the Thames, in Upper Canada, on the fifth day of October, one thousand eight hundred and thirteen, cap- turing the British army, with their baggage, camp equipage, and artillery; and that the President of the United States be requested to cause two gold medals to be struck, emblematical ^ meJal310 of this triumph, and presented to general Harrison, and Isaac Shelby, late governor of Kentucky. [Approved, April 4, 1818.] CHAPTER 208. Resolution presenting a gold medal to George Croghan, and a sword to each of the officers under his command, for their gallantry and good conduct, in the defence of Fort Stephenson, in eighteen hundred and thirteen, Resolved by the Senate and House of Representatives of the Gold medal to be United States of America, in Congress assembled, That the Pre- CrogTaL sident of the United States be requested to cause a gold medal to be struck, with suitable emblems and devices, and presented to Colonel Croghan, in testimony of the high sense entertained by Congress of his gallantry and good conduct in the defence of Fort Stephenson, and that he present a sword to each of the swords to be p«- following officers engaged in that affair: to Captain James officers.'0 other Hunter, to the eldest male representative of Lieutenant Benja- min Johnston, and to Lieutenants Cyrus A. Baylor, John Meek, Ensign Joseph Duncan, and the nearest male representative of Ensign Edmund Shipp, deceased. [Approved, February 13,1835.] CHAPTER 209. A joint resolution presenting the thanks of Congress to major-general Taylor, his officers and men. Resolved unanimously by the Senate and House of Represen- Thanks of congress tatives of the United States of America, in Congress assembled^^T^f^ That the thanks of Congress are due, and are hereby tendered, officers and men. . to major-general Zachary Taylor, commanding the army of oc- cupation, his officers and men, for the fortitude, skill, enterprise, and courage which have distinguished the recent brilliant oper- ations on the Rio Grande. 292 sympathy of Con- And be it further resolved, That Congress sincerely sympa- tweVwid friends of thise with the lelatives and friends of the officers and soldiers of batt?e.wh°feU in the army of the United States who so bravely fell in the service of their country on the Rio Grande. The foregoing reso- And be it farther resolved, That the President of the United munkatedbtoCGen. States be requested to cause the foregoing resolutions to be him'totbe armUShcommunicated to general Taylor, and through him to the army under his command. President autho- And be it farther resolved, That the President of the United m1ediit°toabeSepar!-ld States be authorized and requested to have a medal of gold pre- sented to Gen. Tay-Cured, with appropriate devices and inscriptions thereon, and lor id the iicimc 01 jxxx x * th« Republic. presented to general Taydor, in the name of the Republic, as a tribute due to his good conduct, valor, and generosity to the vanquished. [Approved, July 16, 1846.] CHAPTER 210. A joint resolution to refund to states and individuals expenses incurred by them under calls for militia and volunteers made by generals Gaines and Taylor. Secretary of war Be it resolved by the Senate and House of Representatives of authorized to re- the United States of America, in Congress assembled, That the fund to states and " */ 11*111*1 l • j individuals amount secretary of war be, and he is hereby, authorized and required redTn fitting out" to refund, out of the appropriation made by the "Act providing out^Gens'Gainesfor the prosecution of the existing war between the United and Taylor. States and the Republic of Mexico," approved the thirteenth of May, one thousand eight hundred and forty-six, to the go- vernors of the several states called upon by general Taylor and general Gaines for volunteers and militia, and also to individ- uals, the amount of the expenses incurred by said states and in- dividuals, in fitting out and preparing said volunteers or militia to join the army under the command of general Taylor, to be settled upon just and equitable principles. [Approved, July 16, 1846.] CHAPTER 211. Joint resolution directing the payment of certain volunteers and militia, under the limitations therein prescribed. certain volunteers Resolved by the Senate and House of Representatives of tlte called out and re- unfte(i States of America, in Congress assembled, That the sec- ceived into service *-"•'•' J 1 1 • 1 1 i • i 1 • j i under orders of. retary of war be, and he is hereby, authorized and required to pak'ouuifOie ap- cause to be paid, out of the appropriation made by the act pro- Sfo?iSfTM6.Mtofviding for the prosecution of the existing war between the 293 United States of America and the Republic of Mexico, ap- proved the thirteenth day of May, one thousand eight hundred and forty-six, to the volunteers and militia, called and actually received by virtue of the orders of general E. P. Gaines, into the service of the United States during the present year, and discharged before joining the army, and such companies as were actually organized and rendezvoused under said call, including the two companies of major Gally's command, and the company at Baton Rouge arsenal; and also the company of Mississippi volunteers, (Natchez Fencibles,) and also the company of Mis- sissippi volunteers, (Pontotoc.Rovers,) organized and assembled at Vicksburg, and afterwards disbanded or discharged, and the companies of Ohio volunteers assembled at camp Washington, near Cincinnati, and who claim to have been mustered into ser- vice, one day's payr and allowances for every day detained in service, and the usual travelling allowances, and no more. And where individuals further, that where states or individuals have paid the expenses expenses8 or™™*"1 or provided the means of transportation of volunteers to the t^&cTowtobe place of rendezvous, and furnished subsistence or clothing, the refunded. proportional amount thus furnished to each man, not exceeding the legal allowance to each, may be charged on the pay rolls, and withheld and paid to the state or individual who actually provided the same. And further, that when surgeons and as- compensation of sistant surgeons have attended regiments of volunteers to the tant^rgeMsfand time when medical officers, duly appointed by the United States, ma^ers^com" entered upon their duties wdth said regiments, they may receive missaries. the same rate of compensation, and to a like number as provi- ded for by law; and persons doing the duties of assistant quar- termasters and assistant commissaries, under like circumstances, may in like manner receive the same rate of compensation, and to a like number, as authorized by existing law. [Approved, August 8, 1846.] CHAPTER 212. An act to repeal the act which abolished the office of one of the Inspectors General of the army, and to revive and establish said office. Sec. 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, That so much ofthe fourth section of an act, approved the Repeal of sec.-i, of twenty-third day of August, one thousand eight hundred and^'^f^^ forty-two, entitled "An act respecting the organization of the officJof one,a u>« J > ,,r..~ i ji x32 r Inspectors General. army, and for other purposes," as directs that the office ol one inspector general of the army shall be abolished, and the inspec- tor discharged, shall be, and the same is hereby repealed; and Revived ami con- all acts and parts of acts so repealed shall be, and the same here-,wued "'iorcc' by are, revived and continued in force. [Approved, January 12, 1846.] APPENDIX: CONTAINING SELECT LAWS RELATING TO THE MILITIA OF THE UNITED STATES CHAPTER 1. An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States.* Sec. 1. Be it enacted by the Senate and House of Represen- Every able bodied tatives of the United States of America, in Congress assembled, ofthe age of is, and That each and every free able bodied white male citizen of the bet"™^^: to respective states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-live years, (except as is hereinafter excepted,) shall, severally and respectively, be enrolled in the militia by the captain or commanding officer of the company, within wdiose bounds such citizens shall reside, and that within twelve months after the passing of this act. And it shall, at all times hereafter, be the duty of every such captain or commanding officer of a company, to enrol every Duty of captains such citizen, as aforesaid, and also tiiose who shall, from time rn^ukgf&c.*0 to time arrive at the age of eighteen "ears, or being of the age of eighteen years and under the age of forty-five years, (except as before excepted,) shall come to reside within his bounds; and shall, without delay, notify such citizen of the said enrol- ment, by a proper non-commissioned officer of the company, by whom such notice may be proved. That every citizen so en- citizens enrolled, u» rolled and notified, shall, within six months thereafter, provide ^m^dlT himself with a good musket, or firelock, a sufficient bayonet ^7^ ^ and belt, two spare flints, and a knapsack, a pouch, with a ment, &c. box therein to contain not less than twenty-four cartridges, suit- ed to the bore of his musket or firelock, each cartridge to con- tain a proper quantity of powder and ball; or, with a good rifle, knapsack, shot pouch, and powder hoin, twenty balls, suited to the bore of his rifle, and a quarter of a pound of powder; and Militiamen to ap- shall appear, so armed, accoutred, and provided, when called ^a^dou. * out to exercise, or into service; except, that when called out on««^.^.«- company days to exercise only, he may appear without a knap- * See additional act of 2d March, 1803, chapter 5, appendix, by which the .provisions of this act are modified in some respects. 296 sack. That the commissioned officers shall, severally, be armed with a sword or hanger, and espontoon; and that, from and after five years from the passing of this act, all muskets for Muskets to carry arming the militia, as herein required, shall be of bores suffi- pSd.shteent°thecient *or Dans °f tne eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, am- Arms, &c. free munition, and accoutrements, required as aforesaid, shall hold cuTons,8IT.'"*" the same exempted from all suits, distresses, executions, or sales, for debt, or for the payment of taxes. Enumeration of of- Sec 2. And be it farther enacted, That the vice-president ^hTaarnedePxermpntS' of the United States; the officers, judicial and executive, of from miiitia duty fa government of the United States; the members of both under this act. o ,- pr n . houses of Congress and their respective officers; ail custom- house officers, with their clerks; all post officers, and stage drivers, who are employed in the care and conveyance of the mail of the post office of the United States; all ferrymen cm- ployed at any ferry on the post road; all inspectors of exports; all pilots; all mariners, actually employed in tire sea service of any citizen or merchant within the United States; and all persons who now are, or may hereafter be, exempted by the laws of the respective states, shall be, and are hereby, exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years. .Miiitia in each Sec 3. And be it farther enacted, That within one year intdwIsLn^bf-'1 after the passing of this act, the militia of the respective states Fe^iatme thereof snau be arranged into divisions, brigades, regiments, battalions, may direct. and companies, as the legislature of each stale shall direct; and each division, brigade, and regiment, shall be numbered at the formation thereof; and a record made of such numbers in the adjutant-general's office in the state; and when in the field, or in service in the state, each division, brigade and regiment shall, respectively, take rank according to their numbers, reckoning organization of ^e £rst or lowest number highest in rank. That, if the same mrents,e&c.regI be convenient, each brigade shall consist of four regiments; each regiment of two battalions; each battalion of five compa- nies; each company of sixty-four privates. That the said mi- litia shall be officered by the respective states, as follows: to To be officered by each division, one major-general and two aids-de-camp, with mannCTherTpVe6- the rank of major; to each brigade, one brigadier-general, with scribed' one brigade-inspector, to serve also as brigade-major, with the rank of a major; to each regiment, one lieutenant-colonel com- mandant; and to each battalion, one major; to each company, one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or bugler. That there shall be a regimental staff, to consist of one adjutant and one quartermaster, to rank as lieutenants; one paymaster; one sur- geon, and one surgeon's mate; one sergeant-major; one drum- major, and one fife-major. one company of Sec 4. And be it further enacted, That out of the militia farnTdoTrilemln" enrolled, as is herein directed, there shall be formed, for each tonea«hbattalion, 'battalion, at least one company of grenadiers, light infantry, 297 or riflemen; and that, to each division, there shall be at least a company of ar- one company of artillery, and one troop of horse: there shall^J todeach°Pdtf be to each company of artillery, one captain, two lieutenants,visioa- four sergeants, four corporals, six gunners, six bombardiers, one drummer, and -one fifer. The offipers to be armed with a sword, or hanger, a fusee, bayonet and belt, with a cartridge box, to contain twelve cartridges; and each private, or matross, shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. There shall be, to each troop of horse, one captain, two lieu-officers of the dra- tenants, one cornet, four sergeants, four corporals, one saddler,fr>mns'&c?irhorse'' one farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses, of at least fourteen hands and an half high, and to be armed with a sword, and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at Dragoons, their least fourteen hands and an half high, a good saddle, bridle, 10rs,es> arms> c- mail pillion, and valise, holsters, and a breast plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a car- touch box, to contain twelve cartridges for pistols. That each company of artn- company of artillery and troop of horse shall be formed of vol- ho7se toVTrmed unteers from the brigade, at the discretion ofthe commander-of volunteers, &c. in-chief of the state, not exceeding one company of each to a regiment, nor more in number than one-eleventh part of the in- fantry, and shall be uniformly clothed in regimentals, to be fur- nished at their own expense; the color and fashion to be deter- mined by the brigadier commanding the brigade to which they belong. Sec 5. And be it further enacted, That each battalion and Colors to battalions regiment shall be provided with the state and regimental colors, by whompTovidTd. by the field officers, and each company with a drum and fife or bugle horn, by the commissioned officers of the company in such manner as the legislature of the respective states shall direct. Sec 6. And be it further enacted, That, there shall be an An adjutant-general adjutant-general appointed in each state, whose duty it shall be,neaehstate' to distribute all orders from the commander-in-chief of the state to the. several corps; to attend all public reviews, when the commander-in-chief of the state shall review the militia, or any part thereof; to obey all orders from him, relative to carrying into execution and perfecting the system of military discipline established by this act; to furnish blank forms of different re-His duties. turns, that may be required, and to explain the principles on which they should be made; to receive from the several officers of the different corps, throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammunition, their delinquencies, and every other thing which relates to the general advancement of good order and discipline: All which, the several officers ofthe divisions, brigades, regiments, and battalions, are hereby re- quired to make, in the usual manner, so that the said adjutant- 298 general may be duly furnished therewith: From all which returns he shall make proper abstracts, and lay the same annual- ly before the commander-in-chief of the state. Rules of discipline, Sec 7.* And be it further enacted, That thc rules of dis- exce,pr&ac.inl779;ciPline5 approved and established by Congress, in their resolu- tion of the twenty-ninth of March, one thousand seven hundred and seventy-nine, shall be the rules of discipline to be observed by the militia throughout the United States; except such de- viations from the said rules as may be rendered necessary by the requisitions of this act, or by some other unavoidable cir- commanding offi- cumstances. It shall be the duty of the commanding officer, according^^iheat evei7 muster, whether by battalion, regiment, or single com- ruies prescribed, pany, to cause the militia to be exercised and trained agreeably to the said rules of discipline. commissioned offi- Sec 8. And be it farther enacted, That all commissioned cers to take rank 0fficers shall take rank according to the date of their commis- according to ante, o ijj &c. sions; and when two ofthe same grade bear an equal date, then their rank to be determined by lot, to be drawn, by them, before the commanding officer of the brigade, regiment, batta- lion, company, or detachment. Militiamen wound- Sec 9. And be it further enacted, That if any person, ed and disabled in Aether officer or soldier, belonging to the militia of any state, public service,to be ' . r* iV- • i cij. 1~ 1 provided for, &e. and called out into the service of the United States, be wound- ed or disabled while in actual service, he shall be taken care of and provided for at the public expense. Duties of brigade- Sec. 10. And be it further enacted, That it shall be the duty- inspectors. 0f tjie brigade-inspector, to attend the regimental and battalion meetings of the militia composing their several brigades, du- ring the time of their being under arms, to inspect their arms, ammunition, and accoutrements; superintend their exercise and manoeuvres, and introduce the system of military discipline, before described, throi^hout the brigade, agreeable to law, and such orders as they shall, from time to time, receive from the commander-in-chief of the state; to make returns to the ad- •jutant-general of the state, at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrements, and ammuni- tion, of the several corps, and every other thing which, in his judgment, may relate to their government and the general ad- vancement of good order and military discipline; and the ad- jutant-general shall make a return of all the militia of the state, to the commander-in-chief of the said state, and a duplicate of the same to the President of the United States. And whereas sundry corps of artillery, cavalry, and infan- *This section is repealed by act of 12th May, 1820, chapter 10, appendix, which adopts, for the militia of the United States, the system of discipline and field exercise observed by the regular army. The rules of 1779, here referred to, were contained in the system prepared by the Baron Steuben, which was ex- amined and amended by General Washington prior to its adoption by Congress. 299 try, now exist in several of the said states, which, by the laws, customs, or usages, thereof, have not been incorporated with, or subject to, the general regulations of the militia: Sec 11. And be it further enacted, That such corps retain Existing^corps to 1 i • -i i • ii n xi. retain their ac- their accustomed privileges, subject, nevertheless, to all other customed privi- duties required by this act in like manner with the other militia. eses'3UJtct' [Approved, May 8, 1792.] CHAPTER 2. An act to regulate the pay of the non-commissioned officers, musicians, and pri- vates, of the militia of the United States, when called into actual service, and for other purposes.* Sec 1. Be it enacted by the Senate and House of Represen- Monthly rate of . p n • j~i ,7 j pay of non-commi'<- tatives of the United States of America, m Congress assembled, sioned officers, Pn- That, from and after the passing of this act, the allowance of ^L^ixllcalled bounty, clothing, and pay, to the non-commissioned officers, int0 service- musicians, and privates, of" the infantry, artillery, and cavalry, of the militia of the United States, when called into actual ser- vice, shall be at the rate per month, as follows: Each sergeant- ■ major and quartermaster-sergeant, nine dollars; each drum and fife-major, eight dollars and thirty-three cents; eich sergeant, eight dollars ; each corporal, drummer, fifer, and trumpeter, seven dollars and thirty-three cents; each farrier, saddler, and artificer, (included as a private,) eight dollars; each gunner, bombardier, and private, six dollars and sixty-six cents. Sec 2. And be it further enacted, That, in addition to the Allowances to ca- monthly pay, there shall be allowed to each officer, non-com- *f horsers"s&.c. Md missioned officer, musician, and private, of the cavalry, for the ^^a^'Sen, use of his horse, arms, and accoutrements, and for the risk &c. thereof, except of horses killed in actfcn, 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. Sec 3. And be it further enacted, That whenever the militia ^mtothce°~cof shall be called into the actual service ofthe United States, their appearing at ren- pay shall be deemed to commence from the day of their appear- ing at the places of battalion, regimental, or brigade rendezvous; allowing to each non-commissioned officer, musician, and pri- vate soldier, a day's pay and rations for every fifteen miles ^ve^ismiles from his home to such place of rendezvous, and the same al- ^p^.01'reB" lowance for travelling home from the place of discharge. Sec 4. And be it further enacted, That, in addition to the ^mSaS pay heretofore authorized by law, there shall be allowed and cai^forthintoac- paid to the non-commissioned officers, musicians, and privates, of the militia lately called forth into the actual service of the United States, on an expedition to fort Pitt, such sums as shall, with the pay heretofore by law established, be equal to the al- •See act of 19th March, 1836, chapter 13, appendix. 300 lowances respectively provided in the first and second sections Proviso; the com-of this act: Provided nevertheless, That the compensations an^tautobe6in- made by any state, to the militia called forth, from such state, eluded, &c. snai| ke deemed to be included in the additional allowance au- The states entitled thorized by this act; and such states shall be entitled to receive treasuryesuchmsums fr°m the treasury of the United States, such sums as they shall as^they have paid, have paid, or allowed, to the non-commissioned officers, musi- cians, and privates, over and above the pay heretofore allowed by law, and not exceeding the additional allowance granted by this act. Additional pay to Sec 5.* And be it farther enacted, That, for the completing \he troops enlisted, and better SUpp0rting the military establishment of the United States, as provided by the act, entitled "An act making further and more effectual provision for the protection of the frontiers of the United States," there shall be allowed and paid, from and after the first day of January, one thousand seven hundred and ninety-five, to each non-commissioned officer, musician', and private, now in service, or hereafter to be enlisted, the ad- ditional pay of one dollar per month, during the terms of their Additional bounty respective enlistments; and to each soldier now in the service ing°&c.rsreen,s of the United States, or discharged therefrom, subsequent to the third day of March last, who shall re-enlist after the first day of January next, an additional bounty of eight dollars, making the entire bounty sixteen dollars; and to each person not now in the army of the United States, or discharged, as above' who shall enlist after the said first day of January next, an additional bounty of six dollars, making the entire bounty fourteen dollars: The payment of .f4 but the payment of four dollars of each additional bounty here- bounty deferred*, by granted, shall be deferred until the soldier enlisting shall join the regiment or corps in which he is to serve. Additional allow- Sec 6. And be it further enacted, That to those in the mili- ance of provisions tary service of the United States, who are, or shall be, employ- to those in the mill- J pi* nin i i ■ i tary service who ed on the western frontiers, there shall be allowed, during the are employed on the .* p ji • i • i i , p n i i western frontiers, time ot their being so employed, two ounces ot Hour or bread, and two ounces of beef or pork, in addition to each of their rations, and half a pint of salt, in addition to every hundred of their rations. [Approved, January 2, 1795.] * This and the next succeeding section, relate to the regular army. Similar provisions will be found incorporated in the act of 30th May, 1796, to ascertai* and fix the military establishment of the United States, which may be regarded as superseding these.—See chapter 26, sections 7,11, and 12. 301 CHAPTER 3. An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; and to repeal the act now in force for those purposes.* Sec. 1. Be it enacted by the Senate and House of Representa- &ccat^e°F^fdsent' tives of the United States of America, in Congress assembled, may'can forth the That whenever the United States shall be invaded, or be in ™ent%nTissu0°his imminent danger of invasion, from any foreign nation or In-°^;i^IMlit,a dian 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 ac- tion, as he may judge necessary to repel such invasion, and to issue his orders, for that purpose, to such officer or officers of the militia as he shall think proper. And in case of an insur- %£%£^££: rection in any state, against the government thereof, it shall be vemmentofastate, lawful for the President of the United States, on application of JpitotioiTkc? the legislature of such state, or of the Executive, (when the £?&* inSe?" legislature cannot be convened,) to call forth such number of states, &c the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection. Sec. 2. And be it further enacted, That whenever the laws in case of opposi- . „ «'. .. . i .i i • ,i p tion to the laws by of the United States shall be opposed, or the execution thereot powerful combina- obstructed, in any state, by combinations too powerful to be ^iaent&m'aihcanre" suppressed by the ordinary course of judicial proceedings, or fojh^^ miiitia of by the powers vested in the marshals by this act, it shall be lawful for the President of the United States to call forth the militia of such state, or of any other state or 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 after the commencement of the then next session of Congress. Sec 3. Provided always, and be it farther enacted, That™^**-*; whenever it may be necessary, in the judgment of the President, -^j^™^*; to use the military force hereby directed to be called forth, the command the insur- President shall forthwith, by proclamation, command such in- iecn.ts tc surgents to disperse, and retire peaceably to their respective abode, within a limited time. Sec 4. And be it farther enacted, That the militia employ- J™^^, ed in the service of the United States, shall be subject to the rules and.article, of same rules and articles of war as the troops of the United States: And that no officer, non-commissioned officer, or private, of the Miiitia not to serve militia shall be compelled to serve more than three months months after arrival after his arrival at the place of rendezvous, in any one year, noi:£££«?«- more than in due rotation with every other able bodied man of the same rank in the battalion to which he belongs. Sec 5 And be it further enacted, That every officer, non- officers, private., commissioned officer, or private, of the militia, who shall fail ^.failing to obey * See supplementary act, chapter 6, appendix. 302 the President, &c. to obey the orders ofthe President of the United States, in any ceedingr*£c.no x of the cases before recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined officers liable more-and adjudged by a court-martial; and such officer shall, more- ede&c° becashier" over, 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 Mon-commissioned the said court: And such non-commissioned officersand pri- habTe'trbe^mpris-vates shall be liable to be imprisoned, by a like sentence, on oned onfaaing to failure of the payment of fines adjudged against them, for one calendar month, for every five dollars of such fine. courts-martiai,&c. Sec 6. And be it farther enacted, That courts-martial for of miiitia officers the trial of militia, shall be composed of militia officers only. Fines to be certified Sec 7. And be it further enacted, That all fines to be as- by the presiding of-sessed\ as aforesaid, shall be certified by the presiding officer of fieer of the court- ' . ^ 0 i n l l maniai, to the mar- the court-martial before whom the same shall be assessed, to levy', &c'.w ° the marshal of the district in which the delinquent shall reside, or to one of his deputies, and also to the supervisor of the re- venue 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 proceed to levy the said fines, with costs, sale of distrained by distress and sale of the goods and chatties ofthe delinquent; ftatekwT&c^*0 which costs, and the manner of proceeding, with respect to the sale of the goods distrained, shall be agreeable to the laws of the'state in which the same shall be, in other cases of distress. where non-com- And where any non-commissioned officer or private shall be ad- a^rp°r"vdtesffiaereerad-judged to sum3r imprisonment, there being no goods or chatties judged to suffer im-^o be found whereof to levy the said fines, the marshal of the prisonment, &.c. the ,.. i*i *. i i i ■ x x ' 1 marshal, &c. may district, or his deputy, may commit such delinquent to gaol, commit, &c during the term for which he shall be so adjudged to imprison- ment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed. The marshals to Sec 8. And be it further enacted, That the marshals and v?sorsn&cto super" their deputies shall pay all such fines by them levied, to the supervisor of the revenue in the district in which they are col- lected, within two months after they shall have received the Five per cent, eom-same, deducting therefrom five per centum as a compensation marshal" t0 the f°r their trouble; and in case of failure, the same shall be re- The marshals fail- coverable by action of debt or information, in any court of the ml XflleT^e. United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and re- covered, in the name of the supervisor of the. district, with interest and costs. Marshals,in e«cu- Sec. 9. And be it farther enacted, That the marshals of the ting the laws of the seerai districts, and their deputies, shall have the same powers, United States, em- ' pitt*ic-i i -pc i ,i • powered as sheriffs, in executing the laws ofthe United States, as sheriffs, and their deputies, in the several states, have by law in executing the laws of their respective states. The act mentioned, Sec 10. And be it farther enacted, That the act, entitled repealed. «An act to provi(ie for calling forth the militia to execute the 303 laws ofthe 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 hereby, repealed. [Approved, February 28, 1795.] CHAPTER 4. An act providing arms for the militia throughout the United States.* Sec 1. Be it enacted by the Senate and House of Represen- 30,000 stand of tatives of the United States of America, in Congress assembled, ZTllie tVu?Js1at.r That there shall be provided, at the charge and expense of the governments, etc. government of the United States, thirty thousand stand of arms, which shall be deposited, by order of the President of the United States, at suitable places, for the purpose of being sold to the governments of the respective states, or the militia there- of, under such regulations, and at such prices, as the President of the United States shall prescribe. Sec 2. And be it further enacted, That the President ofArm?Jrema,!?inf , TT • i c i ii*i i i-i ii uns°ld may be de- the United States be, and he is hereby, authorized to cause all ljvered to the min- or any part of the arms herein directed to be provided and de- ^xmJ^I. * posited for sale, which shall, at any time, remain unsold, to be delivered to the militia, when called into the service of the United States, proper receipts and security being given for the return of the same. Sec 3. And be it further enacted, That the moneys arising Amount of sales to from such sales shall be paid into the treasury of the United treasury"etc. States, and the amount received shall be annually reported to Congress. Sec 4. And be it farther enacted, That, for the purpose Appropriation of of carrying this act into effect, the President of the United States the'purposes of this shall be, and he is hereby, authorized to draw from the treasuryact" of the United States a sum not exceeding four hundred thou- sand dollars, to be paid out of any money in the treasury not otherwise appropriated. [Approved, July 6, 1798.] CHAPTER 5. An act in addition to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States."f Sec 1. Be it enacted by the Senate and House of Represen- Jr%*p"£n^i tatives of the United States of America, in Congress assembled, in each state, to That it shall be the duty of the adjutant-general of the militia, in S™^ each state, to make return of the militia of the state to which &c- * See act of 23d April, 1808, chapter 59. j- For original act, see chapter 1, appendix. 304 he belongs, with their arms, accoutrements and ammunition, agreeably to the directions of the act to which this is an addi- tion, to the President of the United States, annually, on or be- fore the first Monday in January, in each year: and it shall be The secretary of the duty of the secretary of war, from time to time, to give such tions t0ethe adju- directions to the adjutant-generals of the militia, as shall, in his and^fay^aostract opinion, be necessary to produce an uniformity in the said re- before congress an-turns, and he shall lay an abstract of the same before the first Monday of February, annually. citizens duly en. Sec 2. And be it farther enacted, That every citizen duly to be'coJtan'tiy1'enrolled in the militia, shall be constantly provided wdth arms, armsfetdc.rfterbe-accoutrements, and ammunition, agreeably to the direction of ing notified, etc. the said act, from and after he shall be duly notified of his en- Notice to muster, rolment; and any notice o'r warning to the citizens so enrolled, ?awsrofnaSstate, etc. to attend a company, battalion, or regimental muster, or training, dce"fdenroiment." which shall be according to the laws of the state in which it is given for that purpose, shall be deemed a legal notice of his enrollment. Quartermasters and Sec 3. And be it further enacted, That, in addition to the miiftia'^tc!0 the officers provided for by the said act, there shall be, to the militia of each state, one quartermaster-general, to each brigade one quartermaster of brigade, and to each regiment one chaplain. [Approved, March 2, 1803.] CHAPTER 6. An act supplementary to an act, entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes," and to increase the pay of volunteer and militia corps.* Fines imposed by Sec 1. Be it enacted by the Senate and House of Represen- certifie?atroiathe8 be tatives of tlie United States of America, in Congress assembled, t°e™suryUetc0f *' That, in every case in which a court-martial shall have adjudged and determined a fine against any officer, non-commissioned officer, 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 fourth section of an act, entitled "An act to authorize a detach- ment from the militia of the United States,"! all such fines, so assessed, shall be certified to the comptroller of the treasury of the United States, in the same manner as the act to which this act is a supplement directed the same to be certified to the supervisor of the revenue. * For original act, see chapter 3, appendix. t The act referred to, is not comprised in this selection, it having been de- termined, from their special character, to exclude the acts authorizing detachments from the militia. The section quoted, does not specify any additional cause of fine, but merely declares the detachment to which it relates, subject to tbe penal- ties of the "Act for calling forth the militia, &c." which constitutes chapter 3 of this appendix. 306 Sec 2. And be it further enacted, That the marshals shall Marshals to pay pay all fines which have been levied and collected by them, ormn0en\TaVercoiiec- their respective deputies, under the authority of the acts here- lr0ea'sury|0deductillg in referred to, into the treasury ofthe United States, within two five Per cent., etc. 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 treasury 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 farther enacted, That the non-commis-Non-commissioned sioned officers, musicians, and privates, of volunteer and miii-andCprnvaus!ofvoi- tia corps, who, subsequent to the thirty-first day of December, "^p^nta""'to* one thousand eight hundred and twelve, shall have been, orlhe»«monthly may hereafter be, called out, while in the service of the United forage,retc° as tho"e States shall, during the continuance ofthe present war between u.'s? dSg^tc!'6 the United Kingdom of Great Britain and Ireland, and the de- pendencies thereof, and the United States of America, and their territories, be entitled to and receive the same monthly pay, rations, and forage, and furnished with the same camp equipage, as are or may be provided by law for the non-commissioned officers, musicians, and privates, of the army of the United States. \Approved, February 2, 1813.] CHAPTER 7. An act in further addition to an act entitled "An act more effectually to pro- vide for the national defence, by establishing an uniform militia throughout the United States."* Sec 1. Be it enacted by the Senate and House of Represen- ^ addition to the tatives of the United States of America, in Congress assembled, t°iaprovided forty That, in addition to the officers of the militia, provided for bylj;^£e.^°n$ the act entitled "An act more effectually to provide for the na-^^-'^p^or-and tional defence, by establishing an uniform militia throughout specified, etc' the United States," approved May the eighth, one thousand seven hundred and ninety-two, and by an act in addition to the said recited act, approved March the second, one thousand eight hundred and three,f there shall be, to each division, one division-inspector, with the rank of lieutenant-colonel, and one division-quartermaster, with the rank of major; to each bri- gade, one aid-de-camp, with the rank of captain ; and the quartermasters of brigade, heretofore provided for by law, shall have the rank of captain. And it shall be incumbent on * For original act, see chapter 1, appendix. f See chapter 5, appendix. 20 306 the said officers to do and perform all the duties which, by law and military principles, are attached to their offices, re- spectively, i. „ [Approved, April 18, 1814.] CHAPTER 8. An act concerning field officers of the militia. Sec 1. Be it enacted by the Senate and House of Represen- iieutenant-c'oionei, tatives of the United States of America, in Congress assembled, eacVTeg^ent'of That, from and after the first day of May next, instead of one oftwXunaSuonDsf lieutenant-colonel commandant to each regiment, and one ma- thePf'fM'ai8i6 Jor to eac^ battalion of the militia, as is provided by the act, ay' ' entitled "An act more effectually to provide for the national de- fence, by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hun- dred and ninety-two,* there shall be one colonel, one lieu- tenant-colonel, and one major, to each regiment of the mili- BBjo1/i£Sn,atia, consisting of two battalions. Where shall be only one Proviso* nothin battalion, it shall be commanded by a major: Provided, That herlmVoannuTLy nothing contained herein shall be construed to annul any com- for^'eir w mission in the militia which may be in force, as granted by authority of any state or territory, in pursuance of the act herein recited, and bearing date prior to the said first day of May next. [Approved, April 20, 1816.] CHAPTER 9. An act to defray the expenses of the militia when marching to places of ren- dezvous. ^ Sec 1. Be it enacted by the Senate and House of Represen- by marching miiitia tatives of the United States of America, in Congress assembled, v0ou!acuepo°n^henpre- That the expenses incurred, or to be incurred, by marching ^SSoFS^the militia of any state or territory of the United States to thorities approved faiT piaces 0f rendezvous, in pursuance of a requisition of the el anVp\idainJuthe President of the United States, or which shall have been, or £p^£?u»?ed may be, incurred in cases of calls made by the authority of any after arrival. gtate or territory, which shall have been, or may be, approved by him, shall be adjusted and paid in like manner as the ex- penses incurred after their arrival at such places of rendezvous, * See chapter 1, appendix. 307 on the requisition of the President of the United States: Pro- Proviso • no species vided, That nothing herein contained shall be considered as t0horTzPed' previously authorizing any species of expenditure, previous to arriving at ^1^7^^ the place of rendezvous, which is not provided by existing after arrival. laws to be paid for after their arrival at such place of rendezvous. [Approved, April 20, 1818.] CHAPTER 10. An act to establish an uniform mode of discipline and field exercise for the militia of the United States. Sec 1. Be it enacted by the Senate and House of Represen- J^ J^nefd'ei tatives of the United States of America, in Congress assembled, ercise observed by That the system of discipline and field exercise, which is and u^oWned'"^/ shall be ordered to be observed by the regular army of thethe m,lllia- United States, in the different corps of infantry, artillery, and riflemen, shall also be observed by the militia, in the exercise and discipline of the said corps, respectively, throughout the United States. Sec 2. And be it further enacted, That so much of the s° much of the act • r p t\t 1 J May, J irhif act of Congress, approved the eighth of May, one thousand as establishes the ^ seven hundred and ninety-two, as approves and establishes the ruusanded;Uc?pi!ue* rules and discipline ofthe baron de Steuben, and requires them repealed. to be observed by the militia throughout the United States, be, and the same is hereby, repealed. [Approved, May 12, 1820.] CHAPTER 11. Resolution directing a system of cavalry tactics, and a system of instruction for artillery, to be prepared for the use of the cavalry and artillery of the militia. Resolved by the Senate and House of Representatives of ttel™^*™* United States of America, in-Congress assembled, that the sec- complete system of retary of war be authorized to have prepared a complete sys-cavalry la< tem of cavalry tactics, and also a system of exercise and in- struction of field artillery, including manoeuvres for light or horse artillery, for the use of the militia of the United States, to be reported for consideration, or adoption, by Congress at its next session. [Approved, May 18, 1826.] 308 CHAPTER 12. An act providing for the printing and binding sixty thousand copies of the abstract of infantry tactics, including manoeuvres of light infantry and riflemen, and for other purposes. Secretary of war to Sec 1. Be it enacted by the Senate and House of Represen- copies infantry 'uc. tatives of the United States of America, in Congress assembled, tics, etc. That the secretary of war be, and he is hereby, authorized arid directed to contract with Hilliard, Gray and Company, of Bos- ton, or some other person or persons, for printing, binding, and delivering, sixty thousand copies of the abstract of infantry tactics, including exercises and manoeuvres of light infantry and riflemen, for the use of the militia of the United States. Also,5,000 copies Also, five thousand copies of a system of exercise and instruc- artiikry. ° e tion of field artillery, including manoeuvres for light or horse ar- tillery, as reported by the secretary of war, on the eighth of January, eighteen hundred and twenty-seven, agreeably to the proposals of said Hilliard, Gray and Company, made to the secretary of war, dated on the twenty-seventh October, eighteen hundred and twenty-seven, in their specimen marked B—and when so printed, bound, and delivered, the secretary of war is To be distributed hereby directed to apportion the same among the several states t™rit?r^,s&teDis- and territories, and in the District of Columbia, for the use of trict of Columbia the militia thereof, according to the number of the militia in'each through their chief . ' . t-v* • p r. i - ■ i magistrates,etc. state and territory, and the District ol Columbia; and to for- ward to the chief magistrate of each state and territory, the number allowed to such state and territory as aforesaid, to be by said chief magistrate distributed among the officers of the mi- litia of such state or territory, for their use, and the use of their successors in office, under such rules and regulations as they may direct. And the secretary of war will cause the number of copies apportioned to the District of Columbia, to be dis- tributed among the officers of the militia in the district, under such rules and regulations as may be prescribed by the Presi- dent of the United States. Appropriation. Sec 2. And be it further enacted, That the sum of fourteen thousand seven hundred and nineteen dollars, is hereby appro- priated out of any money in the treasury not otherwise appro- priated, to defray the expense of printing, binding, and distri- buting the same. [Approved, March 2, 1829.] CHAPTER 13. An act to provide for the payment of volunteers and militia corps, in the service of the United States. Volunteers and mi- Sec 1. Be it enacted by the Senate and House of Represen- iitiatobe paid and tatives of the United States of America, in Congress assembled, lurmshed as pro- -. pp • • i pp - - - p v.ded for the iufan- That the officers, non-commissioned officers, musicians, artifi- 309 cers and privates, of volunteer and militia corps, who have try of the united been in the service of the United States, at any time since the first day of November, in the year of our Lord, one thousand eight hundred and thirty-five, or may hereafter be in the service of the United States, shall be entitled to and receive the same monthly pay, rations, clothing or money in lieu thereof, and forage, and be furnished with the same camp equipage, inclu- ding knapsacks, as are, or may be provided by law for the of- ficers, musicians, artificers, and privates, of the infantry of the army of the United States.* Sec 2. And be it further enacted, That the officers of all officers of mounted mounted companies who have been in, or may hereafter be in, Mc'efto."' the service of the United States, shall each be entitled to receive forage, or money in lieu thereof, for two horses, when they ac- tually keep private servants, and for one horse when without private servants, and that forty cents per day be allowed for the use and risk of each horse, excejDt horses killed in battle or dying of wounds received in battle. That each non-commis- sioned officer, musician, artificer and private, of all mounted com- panies, shall be entitled to receive forage in kind for one horse, with forty cents per day for the use and risk thereof, except horses killed in battle, or dying of wounds received in battle, and twenty-five cents per day in lieu of forage and subsistence, when the same shall be furnished by himself, or twelve and a half cents per day for either, as the case may be. Sec 3. And be it farther enacted, That the officers, non- Allowance for tra- commissioned officers, musicians, artificers, and privates, shall be entitled to one day's pay, subsistence, and other allowances, for every twenty miles' travel from their places of residence to the place of general rendezvous, and from the place of dis- charge back to their residence. Sec 4. And be it further enacted, That the volunteers or Volunteers or miii- militia, who have been, or who may be, received into the ser- wounded or di»- vice of the United States, to suppress Indian depredations in abled' Florida, shall be entitled to all the benefits which are conferred on persons wounded or otherwise disabled in the service of the United States. Sec 5. And be it further enacted, That when any officer, Provision for wi- , „.J ,.,. • . p *j •■**,* dows, etc. of those non-commissioned officer, artificer, or private, ot said militia or who die in the ser- volunteer corps, who shall die in the service of the United States,viee' or returning to his place of residence after being mustered out of service or at any time in consequence of wounds received in service, and shall leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no wi- dow, 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; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go * See chapter 159, of this volume. 310 Proviso. to the child or children of said decedent: Provided always, That the secretary of war shall adopt such forms of evidence, in application under this act, as the President of the United States may prescribe. Mdmi£nw" Sec' 6" ^nd oe it farther enacted, That the volunteers and eluded in these militia mentioned in the foregoing provisions of this act, called provisions. -^ gerv* cg before jts passage) and who are directed to be paid, shall embrace those only ordered into service by the command- ing-general or governors of states and of the territory of Flori- da under authority from the war department for repressing the hostilities of the Florida Indians. [Approved, March 19, 1836.] CHAPTER 14. An act for the payment of Florida militia called into service in the year* eighteen hundred and thirty-nine and eighteen hundred and forty. claims of lieuten- Sec 1. Be it enacted by the Senate and House ofRepresen- "Sl&f t? tatives of the United States of America, in Congress assembled, feSin ■BM'Md Tnat the ProPer accounting officers of the war department be, i84Vo,Cbemadjusted. anc[ they are hereby, directed to examine and adjust the claims for pay of lieutenant-colonel Bailey and staff, major Bailey and staff, the officers of the quartermaster's department, and the companies of captains Grigsby, Hagan, Mclvers, Langford, Hall, Burney, and Bailey, all of the Florida militia, called into service in the years eighteen hundred and thirty-nine and eighteen hun- dred and forty, as if they had been regularly called out and mus- Proviso; only such tered • Provided, That none of the troops herein specified shall rntoTrvi^runder'be paid but such as the secretary of war may consider to have ^^aTtaen^been called into service under authority from said department; Another claims and that no payment shall be made to any of the officers but HrvTceWre^such as were in proper proportion to the number of men in ser- jected. yice^ acC0rding to the existing laws, and for none of the sup- plies' beyond the proportion, or not of the description, autho- rized by existing laws and regulations; and that the said ac- counting officers be further directed to settle and adjust all claims growing out of said service in the quartermaster's depart- ment, the subsistence department, for ordnance supplies, and supplies of the medical department and private physicians. secretary of war Sec 2. And be it farther enacted, That the secretary of war mentTro^eHheybe authorized to direct the payment of the accounts so settled donotexceedjthe anj acljusted by the said accounting officers, provided the whole sums named. amount of pay shall not exceed the sum of seventy thousand six hundred and eighteen dollars and six cents; for the quarter- master's department, shall not exceed the sum of fifty-six thou- sand dollars for subsistence, shall not exceed thirty-two thou- sand nine hundred and twenty-two dollars and ninety-six cents; for ordnance supplies, shall not exceed one thousand seven hun- 311 dred and one dollars and eighteen cents; and for private phy- sicians and medicine, shall not exceed five thousand dollars; and that, for the payments aforesaid, a sum not exceeding one $166,242 20 appro- hundred and sixty-six thousand two hundred and forty-two dol-pnatei lars and twenty cents be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated. [Approved, August 23, 1842.] * «m ■■■"SJ5. 9*'.' ■ > Mi ■'■'?*- i. '*• *^** i?* * i„ *k .■ -.- / f7"'x9sxS*&&Sr&?' *i 2^ /\^1