i-NRLF University of California. FRO, , FRANCIS LIE PER. Professor of History and Law in Columbia College, New York. IBl MICHAEL REES 73. MILITARY LAWS UNITED STATES. THE MILITARY LAWS OF THE UNITED STATES, RELATING TO THE ARMY, VOLUNTEERS, MILITIA, AND TO BOUNTY LANDS AND PENSIONS, Jrnra t|e JiranMum af % dotennunt to % f tar 1863. TO WHICH ARE PREFIXED THE CONSTITUTION OF THE UNITED STATES, (WITH AN INDEX THERETO,) AND A SYNOPSIS OF THE MILITARY LEGISLATION OF CONGRESS DURING THE REVOLUTIONARY WAR. BY JOHN F. CALLAN, CLERK TO MILITARY COMMITTEE, UNITED STATES SENATE. PHILADELPHIA: GEORGE W. CHILDS, 628 & 630, CHESTNUT ST. 1863. Entered according to Act of Congress, in the year 1862, by JOHN F. CALLAN, in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania. STEREOTYPED BY L. JOHNSON & CO. PHILADELPHIA. PRINTED BY HENRY B. ASHMEAD. U. S. MILITARY LAWS. SECOND EDITION. THE former edition of this work is entirely out of print; and so many material changes have been recently made in these laws that there is a pressing necessity for this re-issue in an enlarged and corrected form. This edition embraces all the Congressional legislation in regard to the Army, Volunteers and Militia, Bounties, Pensions, &c., from the formation of the Government to the end of the past session of Congress. These laws, chronologically arranged, are all inserted in full, distinguishing by a larger type those in force from those which have been repealed or are obsolete, with ample notes and references, and the legal decisions in all the cases where they have been given. All the chap- ters are numbered to correspond with those of Little & Brown's edition of the Statutes at Large; and every act refers to the volume and page of the Statutes, where it may also be found, and no other code is referred to. The running heads indicate the contents of each page, thus forming a complete history of the military legislation of the country. CONTENTS. PAGE CONSTITUTION or THE UNITED STATES 33 AMENDMENTS TO , 49 INDEX TO 53 RULES AND ARTICLES OF WAR, 1776, September 20 63 1777, April 14, Resolution of Congress 76 1777, May 27, " " 77 1777, June 14, " 77 1777, June 18, " 77 1785, April 12, " " 78 1786, May 31, " 78 1787, October 3, " " 83 FIRST CONGRESS, First Session. 4 March-29 Sept. 1789. 1789, August 7. Chap. 7. An act to establish an executive department, to be denominated the department of war 84 " Sept. 29. Chap. 25. 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 pur- poses therein mentioned 87 FIRST CONGRESS, Second Session. 4 Jan.-12 Aug. 1790. 1790, April 30. Chap. 10. An act for regulating the military establishment of the United States 87 FIRST CONGRESS, Third Session. Q Dec. 1790-3 March, 1791. 1791, March 3. Chap. 28. 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 frontiers 90 SECOND CONGRESS, First Session. 24 Oct. 1791-8 May, 1792. 1792, March 5. Chap. 9. An act for making further and more effectual pro- vision for the protection of the frontiers of the United States 92 " March 28. Chap. 14. An act supplemental to the act for making further and more effectual provision for the protection of the frontiers of the United States 94 7 8 CONTENTS. PAGE 1792, May 2. Chap. 28. An act to provide for calling forth the militia to execute the laws of the Union, to suppress insurrections, and repel invasions... 94 " May 8. Chap. 33. An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States 95 " May 8. Chap. 37. An act making alterations in the treasury and war departments 101 THIRD CONGRESS, First Session. 2 Dec. 1793-9 June, 1794. 1794, Jan. 13. Chap. 1. An act making an alteration in the flag of the United States 102 " March 20. Chap. 9. An act to provide for the defence of certain ports and harbors in the United States 102 " April 2. Chap. 14. An act to provide for the erecting and repairing of arsenals and magazines, and for other purposes 103 " May 9. Chap. 24. An act for raising and organizing a corps of artillerists and engineers 104 " May 9. Chap. 25. An act supplementary to "An act to provide for the defence of certain ports and harbors in the United States" 104 " June 7. Chap. 52. An act in addition to the "Act for making further and more effectual provision for the protection of the frontiers of the United States".... 105 THIRD CONGRESS, Second Session. 3 Nov. 1794-3 March, 1795. 1795, Jan. 2. Chap. 9. An act to regulate the pay of non-commissioned officers, musicians, and privates of the militia of the United States, when called into actual service, and for other purposes 106 " Feb. 23. Chap. 27. An act to establish the office of purveyor of public supplies 107 " Feb. 28. Chap. 36. An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel inva- sions, and to repeal the act now in force for those purposes 108 " March 3. Chap. 44. An act for continuing and regulating the military establishment of the United States, and for repealing sundry acts here- tofore passed on that subject Ill FOURTH CONGRESS, First Session. 7 Dec. 1795-1 June, 1796. 1796, May 12. Chap. 25. An act allowing compensation for horses killed in battle belonging to officers of the army of the United States 114 " May 30. Chap. 39. An act to ascertain and fix the military establishment of the United States 114 FOURTH CONGRESS, Second Session. 5 Dec. 1796-3 March 1797. 1797, March 3. Chap. 16. An act to amend and repeal, in part, the a,ct entitled "An act to ascertain and fix the military establishment of the United States".... .. 118 CONTENTS. 9 PAGE FIFTH CONGRESS, First Session. 15 May, 1797-10 July, 1797. 1797, June 23. Chap. 3. An act to provide for the further defence of the ports and harbors of the United States.... .. 118 FIFTH CONGRESS, Second Session. 13 Nov. 1797-16 July, 1798. 1798, March 14. Chap. 15. An act to provide for the widows and orphans of certain deceased officers 119 " April 27. Chap. 33. An act to provide an additional regiment of artiller- ists and engineers 119 " May 3. Chap. 37. An act supplementary to the act providing for the further defence of the ports and harbors of the United States 120 " May 4. Chap. 38. An act to enable the President of the United States to procure cannon, arms, and ammunition, and for other purposes 121 " May 22. Chap. 46. 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'" 122 " May 28. Chap. 47. An act authorizing the President of the United States to raise a provisional army 122 " June 22. Chap. 57. An act supplementary to, and to amend, the act entitled " An act authorizing the President of the United States to raise a provisional army" 125 " July 6. Chap. 65. An act providing arms for the militia throughout the United States 126 " July 16. Chap. 76. An act to augment the army of the United States, and for other purposes 127 " July 16. Chap. 85. An act to alter and amend the several acts for the establishment and regulation of the treasury, war, and navy depart- ments .. 129 FIFTH CONGRESS, Third Session. 3 Dec. 1798-3 March, 1799. 1799, March 2. Chap. 27. An act to regulate the medical establishment 129 " March 2. Chap. 31. An act giving eventual authority to the President of the United States to augment the army 131 " March 3. Chap. 47. An act authorizing the President of the United States to fill certain vacancies in the army and navy 133 " March 3. Chap. 48. An act for the better organizing of the troops of the United States, and for other purposes 133 SIXTH CONGRESS, First Session. 2 Dec. 1799-14 May, 1800. 1800, Feb. 20. Chap. 9. An act to suspend, in part, an act entitled "An act to augment the army of the United States, and for other purposes" 139 " April 22. Chap. 26. An act to fix the compensation of the paymaster- general, and assistant to the adjutant-general 139 " May 7. Chap. 46. An act for the regulation of the public arsenals and magazines 140 " May 14. Chap. 69. An act supplementary to the act to suspend part of 10 CONTENTS. PAGE an act entitled " An act to augment the army of the United States, and for other purposes" 141 SEVENTH CONGRESS, First Session.? Dee. 1801-3 May, 1802. 1802, March 16. Chap. 9. An act fixing the military peace establishment of the United States 141 " May 3. Chap. 52. An act additional to and amendatory of an act entitled "An act concerning the District of Columbia" 149 SEVENTH CONGRESS, Second Session. 6 Dec. 1802-8 March, 1803. 1803, Feb. 28. Chap. 13. An act in addition to an act entitled "An act fixing the military peace establishment of the United States" 150 " March 2. Chap. 15. An act in addition to an act entitled "An act more effectually to provide for the national defence, by establishing an uni- form militia throughout the United States" 150 " March 3. Chap. 20. An act more effectually to provide for the organi- zation of the militia of the District of Columbia 151 " March 3. Chap. 32. An act directing a detachment from the militia of the United States, and for erecting certain arsenals 169 EIGHTH CONGRESS, First Session. I? Oct. 1803-27 March, 1804. 1804, March 26. Chap. 39. An act in addition to "An act for fixing the mili- tary peace establishment of the United States" 169 NINTH CONGRESS, First Session. 2 Dec. 1805-21 April, 1806. 1806, April 10. Chap. 20. An act for establishing rules and articles for the government of the armies of the United States 170 " April 10. Chap. 25. An act to provide for persons who were disabled by known wounds received in the revolutionary war 195 " April 10. Chap. 32. An act authorizing a detachment from the militia of the United States.... 198 NINTH CONGRESS, Second Session. I Dec. 1806-3 March, 1807. 1807, Feb. 24. Chap. 15. An act authorizing the President of the United States to accept the service of a number of volunteer companies, not exceeding thirty thousand men 198 " March 3. Chap. 39. An act authorizing the employment of land and naval forces of the United States, in cases of insurrection 199 TENTH CONGRESS, First Session. 26 Oct. 1807-25 April, 1808. 1808, Jan. 8. Chap. 7. An act supplementary to an act entitled " An act for fortifying the ports and harbors of the United States, and for building gun-boats" CONTENTS. 11 PAGE 1808, March 3. Chap. 39. An act authorizing a detachment from the militia of the United States 200 " April 2. Chap. 42. An act authorizing the sale of public arms 200 u April 12. Chap. 43. An act to raise, for a limited time, an additional military force 200 " April 21. Chap. 48. An act concerning public contracts 203 " April 23. Chap. 55. An act making provision for arming and equipping the whole body of the militia of the United States 205 " April 25. Chap. 58. An act concerning invalid pensioners ....206 TENTH CONGRESS, Second Session. -7 Nov. 1808-3 March, 1809. 1809, March 3. Chap. 28. An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy depart- ments 207 ELEVENTH CONGRESS, First Session. 22 May-28 June, 1809. 1809, June 28. Chap. 12. An act to suspend, for a limited time, the recruiting service , 210 TWELFTH CONGRESS, First Session. 4 Nov. 1811-6 July, 1812. 1811, Dec. 24. Chap. 10. An act for completing the existing military establish- ment , 211 1812, Jan. 2. Chap. 11. An act authorizing the President of the United States to raise companies of rangers for the protection of the frontiers of the United States 211 " Jan. 11. Chap. 14. An act to raise an additional military force 212 " Feb. 6. Chap. 21. An act authorizing the President of the United States to accept and organize certain volunteer military corps 215- " Feb. 24. Chap. 31. An act supplementary to "An act to raise, for a limited time, an additional military force," passed on the twelfth day of April, one thousand eight hundred and eight 216 " March 17. Chap. 42. An act supplementary to "An act to raise an addi- tional military force" 216 " March 28. Chap. 46. An act to establish a quartermaster's department, and for other purposes 217 " April 8. Chap. 53. An act in addition to the act entitled "An act to raise an additional military force," passed January the eleventh, one thou- sand eight hundred and twelve 220 " April 10. Chap. 54. An act for the relief of the officers and soldiers who served in the late campaign on the Wabash 221 " April 10. Chap. 55. An act to authorize a detachment from the militia of the United States 222 " April 23. Chap. 59. An act for the organization of a corps of artificers 222 12 CONTENTS. PAGE 1812, April 29. Chap. 72. An act making further provision for the corps of engineers 223 " May 14. Chap. 83. An act for the better regulation of the ordnance 226 " May 16. Chap. 86. An act making further provision for the army of the United States 227 " May 22. Chap. 92. An act to amend an act entitled "An act to establish a quartermaster's department, and for other purposes" 228 " June 18. Chap. 102. An act declaring war between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America and their territories 230 TWENTY-NINTH CONGRESS, First Session. I Dec. 1845-10 Aug. 1846. 1846, January 12. Chap. 3. An act to repeal the act which abolished the office 22 CONTENTS. PAGE of one of the inspectors-general of the army, and to revive and esta- blish said office 366 1846, May 7. Chap. 13. An act making appropriations for the payment of revolutionary and other pensions of the United States for the year ending the thirtieth day of June, one thousand eight hundred and forty-seven, and for other purposes 366 " May 13. Chap. 16. An act providing for the prosecution of the existing war between the United States and the Republic of Mexico 367 " May 13. Chap. 17. An act to authorize the increase of the rank and file of the army of the United States 369 " May 15. Chap. 21. An act for the organization of a company of sappers, miners, and pontoniers 369 " May 19. Chap. 22. An act to provide for raising a regiment of mounted riflemen, and for establishing military stations on the route to Oregon. 371 " June 17. Chap. 28. An act making alterations in the pay department of the army 372 " June 18. Chap. 29. An act supplemental to an act entitled "An act pro- viding for the prosecution of the existing war between the United States and the Republic of Mexico," and for other purposes 372 " June 26. Chap. 33. An act to provide for the organization of the volun- teer forces brought into the service of the United States, into brigades and divisions, and for the appointment of the necessary number of general officers to command the same , 375 " July 29. Chap. 66. An act in relation to the payment of claims 375 " August 8. Chap. 96. An act making appropriations for the support of the military academy for the year ending on the thirtieth of June, one thousand eight hundred and forty-seven 376 RESOLUTIONS. 1846, July 16. Res. 11. A joint resolution presenting the thanks of Congress to Major-General Taylor, his officers and men 377 " July 16. Res. 12. 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 377 " August 8. Res. 20. Joint resolution directing the payment of certain volunteers and militia, under the limitations therein prescribed 378 TWENTY-NINTH CONGRESS, Second Session, 7 Dec. 1846-3 March, 1847. 1847, January 12. Chap. 2. An act to encourage enlistments in the regular army 378 " February 11. Chap. 8. An act to raise for a limited time an additional military force, and for other purposes 379 " March 3. Chap. 61. An act making provision for an additional number of general officers, and for other purposes 383 " March 3. Chap. 66. An act to amend an act entitled "An act to provide' for the better organization of the department of Indian affairs," and an act entitled "An act to regulate trade and intercourse with the In- dian tribes, and to preserve peace on the frontiers," approved June thirtieth, one thousand eight hundred and thirty-four, and for other purposes 388 CONTENTS. 23 RESOLUTIONS. PAGE 1847, March 2. Res. 5. Resolutions giving the thanks of Congress to Major- General Taylor and the officers and men under his command in the late military operations at Monterey 389 " March 3. Res. 7. A resolution to refund money to the states which have supplied volunteers and furnished them transportation, during the present war, before being mustered and received into the service of the United States.... ,.. 389 THIRTIETH CONGRESS, First Session. & Dec. 1847-14 Aug. 1848. 1848, January 26. Chap. 6. An act to provide clothing for volunteers in the service of the United States 389 " February 2. Chap. 8. An act making further provisions for surviving widows-t)f the soldiers of the revolution 390 " May 27. Chap. 49. An act explanatory of an act entitled " An act to raise for a limited time an additional military force, and for other pur- poses," approved the eleventh day of February, one thousand eight hundred and forty-seven 391 " June 2. Chap. 60. An act to refund money for expenses incurred, sub- sistence or transportation furnished, for the use of volunteers, during the present war, before being mustered into the service of the United States 391 " June 26. Chap. 71. An act making appropriations for the payment of revolutionary and other pensions of the United States for the year ending the thirtieth day of June, one thousand eight hundred and forty-nine 392 " July 10. Chap. 99. An act to extend the provisions of existing pension laws to enlisted men of the ordnance corps of the United States army... 392 " July 19. Chap. 104. An act to amend an act entitled "An act supple- mental to an act entitled 'An act providing for the prosecution of the existing war between the United States and the Republic of Mexico/ " and for other purposes 393 " July 21. Chap. 108. An act amending the act entitled " An act granting half pay to widows or orphans where their husbands and fathers have died of wounds received in the military service of the United States," in case of deceased officers and soldiers of the militia and volunteers, passed the fourth day of July, one thousand eight hundred and thirty- six 394 " July 29. Chap. 120. An act for the relief of certain surviving widows of officers and soldiers of the revolutionary army 395 " August 12. Chap. 168. An act concerning the pay department of the army 396 " August 14. Chap. 173. An act making appropriations for the support of the army for the year ending the thirtieth day of June, one thousand eight hundred and forty-nine 397 " August 14. Chap. 180. An act in relation to military land warrants 397 24 CONTENTS. KESOLUTIONS. PAGE 1848, March 9. Res. 2. Joint resolution expressive of the thanks of Congress to Major-General Winfield Scott, and the troops under his command, for their distinguished gallantry and good conduct in the campaign of eighteen hundred and forty-seven 398 " March 24. Res. 4. Joint resolution relative to the evidence which shall be considered satisfactory in applications for bounty land 398 " May 9. Res. 7. Joint resolution of thanks to Major-General Taylor 398 " June 16. Res. 8. Joint resolution in relation to transportation and dis- charge of the military forces of the United States at the close of the war with Mexico 399 " June 16. Res. 9. Joint resolution providing for the payment of the regi- ment of Texas mounted troops called into the service of the United States, under the requisition of Colonel Curtis, in the year eighteen hundred and forty-seven, and for other purposes 399 " July 1. Res. 13. A joint resolution relative to evidence in application for pensions 400 " July 29. Res. 20. A resolution for the speedy payment of the three months' extra pay to the officers, non-commissioned officers, musicians, and privates who have served in the late war with Mexico, allowed by the act of July nineteenth, one thousand eight hundred and forty- eight 400 " August 10. Res. 24. Joint resolution concerning certain portions of the marine and ordnance corps 400 THIRTIETH CONGRESS, Second Session. Dec. 1848-3 March, 1849. 1849, February 22. Chap. 62. An act granting five years' half pay to certain widows and orphans of officers, non-commissioned officers, musicians, and privates, both regulars and volunteers 401 " March 2. Chap. 79. An act to allow subsistence to certain Arkansas and other volunteers who have been prisoners of war in Mexico 401 " March 2. Chap. 80. An act concerning the pay department of the army... 402 " March 2. Chap. 83. An act to provide for an increase of the medical staff, and for an additional number of chaplains of the army of the United States 402 " March 3. Chap. 101. An act making appropriations for the support of the army for the year ending the thirtieth day of June, one thousand eight hundred and fifty 403 " March 3. Chap. 126. An act to provide for the settlement of the accounts of public officers and others who may have received moneys arising from military contributions, or otherwise, in Mexico 404 " March 3. Chap. 129. An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States 404 RESOLUTIONS. 1849, March 2. Res. 12. A resolution authorizing the secretary of war to fur- nish arms and ammunition to persons emigrating to the Territories of Oregon, California, and New Mexico 407 CONTENTS. 25 PAGE 1849, March 3. Res. 14. Joint resolution relative to evidence in applications for pensions by widows of deceased soldiers, under the act of July twenty-first, eighteen hundred and forty-eight 407 THIRTY-FIRST CONGRESS, First Session. 3 Dec. 1849-30 Sept. 1850. 1850, June 17. Chap. 20. An act to increase the rank and file of the army, and to encourage enlistments 408 " Sept. 16. Chap. 54. An act making appropriations for the support of the military academy for the year ending the thirtieth of June, one thousand eight hundred and fifty-one 409 " Sept. 26. Chap. 70. An act to increase the commissariat of the United States army 409 " Sept. 28. Chap. 78. An act making appropriations for the support of the army for the year ending the thirtieth of June, one thousand eight hundred and fifty-one... 410 " Sept. 28. Chap. 85. An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States 411 RESOLUTIONS. 1850, July 29. Res. 9. A resolution for restoring the settlement of the "three months' extra pay" claims to the accounting officers of the treasury 413 " Sept. 28. Res. 20. Joint resolution explanatory of certain acts therein mentioned.... ,.. 414 THIRTY-FIRST CONGRESS, Second Session. 2 Dec. 1850-3 March, 1851. 1851, March 3. Chap. 22. An act making appropriations for the support of the military academy for the year ending the thirtieth of June, one thousand eight hundred and fifty-two 414 " March 3. Chap. 25. An act to found a military asylum for the relief and support of invalid and disabled soldiers of the army of the United States 415 ' March 3. Chap. 33. An act making appropriations for the support of the army for the year ending the thirtieth of June, one thousand eight hundred and fifty-two 418 " March 3. Chap. 37. An act making appropriations for light-houses, light- boats, buoys, Dec. 1855-18 Aug. 1856. 1856, April 5. Chap. 14. An act making appropriations for the payment of invalid and other pensions of the United States for the year ending the thirtieth of June, one thousand eight hundred and fifty-seven 441 " May 14. Chap. 26. An act to amend the act in addition to certain acts granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States, approved March third, one thousand eight hundred and fifty-five 442 " August 16. Chap. 125. An act providing for a necessary increase and better organization of the medical and hospital department of the army... 444 " August 18. Chap. 162. An act making appropriations for the legislative, executive, and judicial expenses of government for the year ending the thirtieth of June, one thousand eight hundred and fifty-seven 444 THIRTY-FOURTH CONGRESS, Third Session. 1 Dec. 1856-3 March, 1857. 1857, Feb. 7. Chap. 36. An act supplementary to an act to organize an institu- tion for the insane of the army and navy, and of the District of Columbia, in the said District, approved March third, one thousand eight hundred and fifty-five 445 " Feb. 16. Chap. 45. An act making appropriations for the support of the military academy for the year ending the thirtieth of June, one thousand eight hundred and fifty-eight 447 " Feb. 21. Chap. 55. An act to increase the pay of the officers of the army. ..447 28 CONTENTS. PAGE 1857, March 3. Chap. 106. An act making appropriations for the support of the army for the year ending the thirtieth June, one thousand eight hundred and fifty-eight 448 " March 3. Chap. 114. An act to amend an act entitled "An act to provide for the better organization of the treasury, and for the collection, safe- keeping, transfer, and disbursement of the public revenue" 449 " March 3. Chap. 115. An act to extend the provisions of the act entitled " An act in addition to certain acts granting bounty land to certain officers and soldiers who have been engaged in the military services of the United States," to the officers and soldiers of Major David Bailey's battalion, of Cook county (Illinois) volunteers 450 " March 3. Chap. 119. An act to increase the pay of the cadets at the West Point Academy 451 THIRTY-FIFTH CONGRESS, First Session. 7 Dec. 1857-12 June, 1858. 1858, April 7. Chap. 13. An act to provide for the organization of a regiment of mounted volunteers for the defence of the frontier of Texas, and to authorize the President to call into the service of the United States two additional regiments of volunteers 451 " May 4. Chap. 25. An act to supply deficiencies in the appropriations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-eight 452 " June 2. Chap. 82. Appropriation act 453 " June 3. Chap. 84. An act declaring the title to land warrants in certain cases 453 " June 3. Chap. 85. An act to extend an act entitled "An act to continue half pay to certain widows and orphans," approved February the third, one thousand eight hundred and fifty-three 454 " June 12. Chap. 166. An act making appropriations for the support of the army for the year ending the thirtieth June, one thousand eight hundred and fifty-nine 455 THIRTY-FIFTH CONGRESS, Second Session. & Dec. 1858-3 March, 1859. 1859, March 3. Chap. 83. An act making appropriations for the support of the army for the year ending 30 June, 1860 456 " March 3. Chap. 88. An act making appropriations for the payment of invalid and other pensions of the United States for the year ending 30 June, 1860 457 THIRTY-SIXTH CONGRESS, First Session. 5 Dec. 1859-25 June, isf). 1860, June 10. Chap. 66. An act to amend an act entitled "An act to organize an institution for the insane of the army" 458 " June 15. Chap. 132. An act authorizing the sale of the Western Military Asylum, in Harrodsburg, Ky 458 " June 21. Chap. 163. An act making appropriations for the support of the army for the year ending 30 June, 1861 459 " June 23. Chap. 205. An act making appropriations for the legislative, executive, and judicial expenses of government for the year ending 30 June, 1861 460 CONTENTS. 29 PAGE THIRTY-SIXTH CONGEESS, Second Session. Z Dee. 1860-3 March, 1861. 1861, February 21. Chap. 49. An act making appropriations for the naval ser- vice for the year ending 30 June, 1862 460 " February 28. Chap. 60. An act to amend an act supplementary to an act approved 3 March, 1855, to organize an institution for the insane of the army and navy, and of the District of Columbia, in the said Dis- trict, approved February 7, 1857 .. 461 " March 2. Chap. 84. An act making appropriations for sundry civil ex- penses of the government for the year ending June 30, 1862 462 THIRTY-SEVENTH CONGRESS, First Session. 4 July-6 August, 1861. 1861, July 13. Chap. 3. An act further to provide for the collection of duties and imposts, and for other purposes 463 " July 22. Chap. 9. An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property 466 " July 24. Chap. 16. An act for the relief of the Ohio volunteers 471 t{ July 25. Chap. 17. An act in addition to the "Act to authorize the em- ployment of volunteers to aid in enforcing the laws and protecting public property," approved July 22, 1861 471 " July 27. Chap. 21. An act to indemnify the states for expenses incurred by them in defence of the United States 472 " July 29. Chap. 24. An act to increase the present military establishment of the United States 473 " July 29. Chap. 25. An act to provide for the suppression of rebellion against and resistance to the laws of the United States, and to amend the act entitled an "Act to provide for calling forth the militia to ex- ecute the laws of the Union," &c., passed February 28, 1795 473 " July 31. Chap. 28. An act making an appropriation to pay the expenses of transporting and delivering arms and munitions of war to the loyal citizens of the states of which the inhabitants now are or hereafter may be in rebellion against the government of the United States, and to provide for the expense of organizing them into companies, battalions, regiments, or otherwise, for their own protection against domestic vio- lence, insurrection, invasion, or rebellion 478 " July 31. Chap. 34. An act authorizing the secretary of war to reim- burse volunteers for expenses incurred in employing regimental and other bands, and for other purposes 479 (t Augusts. Chap. 42. An act providing for the better organization of the military establishment 480 " August 3. Chap. 47. An act supplementary to an act entitled " An act to increase the present military establishment of the United States," ap- proved July 29, 1861 487 " August 5. Chap. 54. An act making appropriations for fortifications and for other purposes 487 " August 6. Chap. 56. An act to punish certain crimes against the United States 488 " August 6. Chap. 57. An act to promote the efficiency of the engineer and topographical engineer corps, and for other purposes 488 30 CONTENTS. PAGE 1861, August 6. Chap. 58. An act to authorize an increase in the corps of engi- neers and topographical engineers 489 " August 6. Chap. 63. An act to increase the pay of the privates in the regular army, and in the volunteers in the service of the United States, and for other purposes 489 THIRTY-SEVENTH CONGRESS, Second Session. 2 Dec. 1861-17 Aug. 1862 1861, December 24. Chap. 3. An act relative to court-martials in the army 490 " December 24. Chap. 4. An act to provide for allotment certificates among the volunteer forces 490 1862, January 8. Chap. 6. An act making appropriations for the payment of invalid and other pensions of the United States 491 " January 22. Chap. 10. An act to authorize the appointment of two as- sistant secretaries of war 491 " January 31. Chap. 15. An act to authorize the President of the United States in certain cases to take possession of railroads and telegraph lines, and for other purposes 492 " February 4. Chap. 18. An act to authorize the secretary of the interior to strike from the pension rolls the names of such persons as have taken up arms against the government, or who may have in any man- ner encouraged the rebels 493 " February 12. Chap. 21. An act authorizing the temporary detail of naval officers 493 " February 13. Chap. 24. 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 June 30, 1834 493 " February 13. Chap. 25. An act making appropriation for completing the defences of Washington, and for other purposes 495 " March 13. Chap. 40. An act to make an additional article of war 496 " March 19. Chap. 47. An act to provide for the appointment of sutlers in the volunteer service, and to define their duties 497 " March 25. Chap. 49. An act to secure to the officers and men actually employed in the western department, or department of Missouri, their pay, bounty, and pension 501 " April 2. Chap. 51. An act in addition to an act to refund and remit duties on arms imported by states, approved July 10, 1862 501 " April 2. Chap. 53. An act to prohibit the allowance or payment of pen- sions to the children of officers and soldiers of the revolution 502 " April 16. Chap. 55. An act to reorganize and increase the efficiency of the medical department of the army 502 " May 14. Chap. 70. An act to facilitate the discharge of enlisted men for physical disability 503 " May 20. Chap. 80. An act to authorize the appointment of medical storekeepers, and chaplains of hospitals 504 " June 2. Chap. 93. An act to prevent and punish fraud on the part of officers intrusted with making of contracts for the government 504 " June 18. Chap. 109. An act providing that the officers of volunteers shall be paid on the pay rolls of the regiments or companies to which they belong 507 CONTENTS. 31 PAGE 1862, July 2. Chap. 127. An act to provide for additional medical officers of the volunteer service 508 " July 2. Chap. 128. An act to prescribe the oath of office, and for other purposes 508 " July 5. Chap. 133. An act making appropriations for the support of the army for the year ending 30 June, 1863, and additional appropriations for the year ending 30 June, 1862, and for other purposes 509 " July 11. Chap. 144. An act making appropriations for the payment of the bounty authorized by the sixth section of an act entitled "An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property," approved July 22, 1861, and for other purposes 510 " July 11. Chap. 148. An act for the establishment of certain national arsenals 511 " July 14. Chap. 166. An act to grant pensions 512 " July 16. Chap. 180. An act to prevent members of Congress and officers of the government of the United States from taking consideration for procuring contracts, office, or place from the United States, and for other purposes , 517 " July 16. Chap. 183. An act to establish and equalize the grades of line officers of the United States navy 517 " July 16. Chap. 190. An act prohibiting the confinement of persons in the military service of the United States in the penitentiary of the District of Columbia, except as a punishment for certain crimes, and to dis- charge therefrom certain convicts by sentence of courts-martial, and for other purposes 518 " July 17. Chap. 195. An act to suppress insurrection, and to punish trea- son and rebellion, to seize and confiscate the property of rebels, and for other purposes 519 " July 17. Chap. 199. An act to provide for the more prompt settlement of the accounts of disbursing officers 523 " July 17. Chap. 200. An act to define the pay and emoluments of certain officers of the army, and for other purposes 524 " July 17. Chap. 201. An act to amend an act calling forth the militia to execute the laws of the Union, suppress insurrection, and repel inva- sion, approved February 28, 1795, and the act amendatory thereof, and for other purposes 531 " July 17. Chap. 202. An act to allow and pay the state of Missouri the amount of money expended by said state in the arming and paying of troops employed in the suppression of insurrection against the laws of the United States 535 " July 17. Chap. 203. An act to suspend temporarily the operation of an act entitled "An act to prevent and punish fraud on the part of officers intrusted with making of contracts for the government," approved June 2, 1862 536 RESOLUTIONS. 1861, December 24. Res. 1. Resolution expressive of the recognition by Con- gress of the gallant and patriotic services of the late Brigadier-General 32 CONTENTS. PAGE Nathaniel Lyon, and the officers and soldiers under his command, at the battle of Springfield, Missouri , 536 1862, February 6. Res. 9. Resolution in relation to the allotment certificates of pay to persons held as prisoners of war in the so-called Confederate States 537 " February 22. . Res. 10. Resolution requiring the superintendent of the census to furnish certain war statistics 537 " February 22. Res. 12. Resolution tendering the thanks of Congress to the officers, e of the army, and they shall each receive, while acting in said capacity, an additional pay of $6 per month. SEC. 7. That in case the President shall judge the employment of a quartermaster-general, physician-general, and paymaster-general, or either 1 The title of lieutenant-general abolished, by act of 3 March, 1799, sec. 9, chap. 48. Revised temporarily, 15 Feb. 1855, Res. 9. 124 FIFTH CONGRESS, SECOND SESSION, CH. 47, 1798. 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 emoluments which follow, viz. : quartermaster-general, the rank, pay, and emoluments of a lieutenant- colonel ; physician-general, and paymaster-general, each, the pay and emoluments of a lieutenant-colonel ; Provided, That in case the President shall judge it expedient to appoint a commander of the army, an inspector- general, adjutant-general, quartermaster-general, physician-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 thereafter. SEC. 8. That the laws of the United States respecting the regulations and emoluments of recruiting officers, punishment of persons who shall procure or entice a soldier to desert, or shall purchase his arms, uniform, clothing, or any part thereof; and the punishment of every 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 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 respecting the inserting of conditions in the enlistments, and all other laws 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. That the commander of the army, inspector-general, adjutant- general, quartermaster-general, physician-general, and paymaster-general, and the general, field, and commissioned officers, who may be appointed by virtue of this act, shall, respectively, continue in commission during such term only as the President shall judge" requisite for 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, whenever he shall judge the measure consistent with the public safety. SEC. 10. That no commissioned or staff officer, who shall be appointed by virtue of this act, shall be entitled to receive pay or emoluments until he shall be called in actual service, nor for any longer time than he shall continue therein : Provided, nothing in this section shall be construed to prevent captains and subalterns from receiving pay and emoluments while employed in the recruiting service: And provided also, That no enlistment shall take place by virtue of this act, after three years from the passing thereof. SEC. 11. That it shall be lawful for the President of the United States, at his discretion, upon the request of any militia corps, established by law, in any state, disposed to inform themselves in the use of artillery, or of the executive of any state, in behalf of such corps, to suffer to be loaned to them such pieces, not excee'ding two to any one corps, of the field artillery of the United States, as may be most convenient spared, to be taken, re- moved, and returned, at the expense of the party requesting ; who are to be accountable for the same, and to give receipts accordingly. SEC. 12. That the President of the United States shall be, and he is hereby, authorized, when, under his orders, any portion of the militia, or any volunteer corps, shall be called forth and engaged in the actual service FIFTH CONGRESS, SECOND SESSION, CH. 57, 1798. 125 of 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 volun- teer corps, appearing to be unavoidably deficient, a supply of field artillery, arms, and accoutrements, from the arsenals of the United States, as the case may require ; proper receipts and security being given to be account- able to return the same, the accidents of the service excepted. SEC. 13. That the President of the United States shall be, and he is hereby, authorized to cause to be purchased and procured a quantity of caps, swords, or sabres, and pistols with holsters, not exceeding what may be sufficient for 4000 cavalry, and to be deposited in the parts of the United States where he shall deem it most convenient 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 provided : and, for this purpose, and towards defraying the expenses which may be necessarily incurred before the next session of Congress, in executing the other pur- poses of this act, a sum, not exceeding $200,000, shall be, and is hereby, appropriated, and shall and may be paid at the treasury, under the orders of the President of the United States, out of any money not already appro- priated. SEC. 14. That the private soldiers who are, and who shall be enlisted and employed in the 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 contract. And whenever any soldier shall be arrested, whether by mesne process, or in execution, contrary to the intent hereof, it shall be the duty of the judge of the district court of the district in which the arrest shall happen, and of any justice of the supreme court of the United States, and of 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 en- gaged, 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 process, and commit him to the applicant, or some other officer of the same corps. [Approved, May 28, 1798.] CHAPTER 57. Approved, June 22, 1798. Vol. 1, p. 569. An Act supplementary to, and to amend, the Act entitled " An Act authorizing the Pre- sident of the United States to raise a provisional army." 1 That the companies of volunteers, and the members of each company, who shall be duly engaged and accepted by the President of the United States, and orga-nized with proper officers commissioned by him, pur- suant 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 Presi- 1 For original act, see 28 May, 1798. 126 FIFTH CONGRESS, SECOND SESSION, CH. 65, 1798. dent of the United States is hereby authorized to make and establish ; and all such companies and volunteers are hereby exempted, until their dis- charge, or during the time of their engagement, as 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, which is or shall be provfded to enforce the performance of any duty or service in the militia. SEC. 2. That the President of the United States shall be, and he is hereby, authorized, by and with the consent of the Senate, or by himself, in the recess of Congress, pursuant to the said act, to appoint and commis- sion, as soon as he shall think it expedient, such and so many field officers as shall be necessary for the organizing and embodying in legions, regi- ments, 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 discipline such volunteer companies, pursuant to the rules therefor, which shall be established, as aforesaid : Provided, That no officer or volunteer, who shall be appointed, engaged, or employed in any training or discipline, as aforesaid, shall be considered as in the pay of the United States, until called into actual service. SEC. 3. That the President of the United States may authorize the sale, at a reasonable rate, sufficient to indemnify the United States, to any com- pany of volunteers who shall be accepted, as aforesaid, of such pieces of 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 neces- sary accounts shall be kept in the war department, and the money, accru- ing by any sale, shall be paid into the treasury of the United States ; and the same shall be, and is hereby, appropriated for the purchase of other artillery, arms, and accoutrements, as the President of the United States shall direct. SEC. 4. That the President of the United States may proceed to appoint and commission, in the manner prescribed by the said act, such and so many of the officers authorized thereby, for the raising, organizing, and commanding, the provisional army of ten thousand men, as, in his opinion, the public service shall more immediately require; any thing which may be supposed in the said act, to the contrary hereof notwithstanding: Pro- vided, That the officers who shall be so appointed, shall not be entitled to any pay, subsistence, 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 65. Approved, July 6, 1798. Yol, 1, p. 576. An Act providing arms for the militia throughout the United States. That there shall be provided, at the charge and expense of the govern- ment of the United States, thirty thousand stand of arms, which shall be i See 23 April, 1808, chap. 55. FIFTH CONGRESS, SECOND SESSION, CH. 76, 1798. 127 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 thereof, under such regulations, and at such prices, as the President of the United States shall prescribe. SEC. 2. That the President of the United States be, and he is hereby, authorized to cause all, or any part of the arms herein directed to be pro- vided and deposited 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. That the moneys arising from such sales shall be paid into the treasury of the United States, and the amount received shall be annually reported to Congress. SEC. 4. That, for the purpose of carrying this act into effect, the Pre- sident of the United States shall be, and he is hereby, authorized to draw from the treasury of the United States a sum not exceeding $400,000, to be paid out of any money in the treasury not otherwise appropriated. [Approved, July '16, 1798.] CHAPTER 76. Approved, July 16, 1798. Yol. 1, p. 604. An Act to augment the army of the United States, and for other purposes. 1 That from and after the passage of this act, each regiment of infantry in the army of the United States, shall consist of one lieutenant-colonel com- mandant, 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 pri- vates ; and that the several regiments of infantry now in the service of the United States, be augmented accordingly : Provided always, That the Pre- sident of the United States may, in his discretion, appoint and distribute such additional number of surgeon's mates, and for such length of time, as the exigencies of the service may require. SEC. 2. That the President of the United States be, and he hereby is, authorized to raise, in addition to the present military establishment, twelve regiments of infantry, and six troops of light dragoons, to be en- listed for and during the continuance of the existing differences between the United States and the French Republic, unless sooner discharged ; and the said six troops, together with the two troops of dragoons now in service, shall be formed into a regiment, and there shall be appointed thereto one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one sergeant-major, and one quartermaster-sergeant, whose pay and emoluments, as well as those of the cornets, respectively, shall be the same as are by law allowed to officers of the same grades in the infantry. SEC. 3. 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. 1 Repealed by act of 16 March, 1802, chap. 9. 128 FIFTH CONGRESS, SECOND SESSION, CH. 76, 1798. SEC. 4. That the major-generals, respectively, shall be entitled to $160 monthly pay, with $20 allowance for forage monthly, and for daily subsist- ence 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 to $24 monthly, in addition to their pay in the line, and to four rations of provi- sions, each, for their daily subsistence : and, whenever forage shall not be furnished by the public, to $10 per month in lieu thereof. SEC. 5. That each non-commissioned officer, private, and musician, who shall hereafter be enlisted for the army of the United States, shall be able- bodied, 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 $12, but the payment of $4 thereof shall 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-commissioned officer and private, and for each sufficient musician, duly enlisted and mustered, the sum of $2. SEC. 6. That the monthly pay of the non-commissioned officers, musicians, and privates, in the army of the United States, from and after the first day of August next, shall be as follows: cadets, $10, and two rations per day; sergeant-majors, and quartermaster-sergeants, $10 ; senior musicians, $8 ; sergeants, $8 ; corporals, $7 ; musicians, $6 ; privates, $5 ; artificers to the infantry and artillery, and farriers and saddlers to the dragoons, shall be allowed, each, the monthly pay of $10. That every non-commissioned officer, private, and musician, shall receive, daily, the following rations of provis-ions, to wit : one pound and a quarter of 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 hun- dred rations. SEC. 7. That the President of the United States be, and he hereby is authorized to appoint a number, not exceeding four, teachers of the arts and sciences, necessary for the instruction of the artillerists and engineers, who shall be entitled to the monthly pay of $50, and two rations per day. SEC. 8. That the officers, non-commissioned officers, musicians, and pri- vates, raised by virtue of this act, shall take and subscribe the oath or affirmation prescribed by the law, entitled " An act to ascertain and fix the military establishment of the United States/' 1 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 Senate, the President of the United States is hereby authorized to appoint all the regimental officers proper to be appointed under this act, and likewise to make appointments to fill any vacancies in the army, which may have happened during the present session of the Senate. SEC. 9. That there shall be appointed an inspector of the artillery, taken from the line of artillerists and engineers, who shall be allowed $30 per month, in addition to his pay in the line, and four rations of provisions for his daily subsistence ; and, whenever forage shall not be furnished by the public, he shall be allowed $10 per month instead thereof. [Approved, July 16, 1798.] 1 See 30 May, 1796. FIFTH CONG., 2D & SD SESS., CH. 85 & 27, 1798, '99. 129 CHAPTER 85. Approved, July 16, 1798. Vol. 1, p. 610. An Act to alter and amend the several Acts for the establishment and regulation of the Treasury, War, and Navy Departments. [EXTRACT.] SEC. 3. That all purchases, and contracts for supplies or services for the military and naval service of the United States, shall be made by or under the direction of the chief officers of the departments of war and the navy, respectively, and all agents or contractors for supplies or services as afore- said, shall render their accounts for settlement to the accountant of the proper department for which such supplies or services are required ; sub- ject, nevertheless, to the inspection and revision of the officers of the Trea- sury in manner before prescribed. SEC. 4. That it shall be the duty of the purveyor of public supplies, 1 to execute all such orders 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 accounts relative thereto, to the accountants of the proper departments, which ac- counts shall be subject to the inspection and revision of the officers of the treasury as aforesaid. SEC. 5. That 'the provisions of the act, passed on the 8th day of May, 1792, entitled "An act making alterations in the treasury and war depart- ments, *' 2 and the act passed on the 23d day of February, 1795, entitled "An act to establish the office of purveyor of public supplies," 3 so far as the same are repugnant to the provisions of this act, be, and the same are hereby, repealed. SEC. 6. That all contracts to be made by virtue of this act, or of any law of the United States, and requiring the advance of money, or to be in any manner connected with the settlement of public accounts, shall be deposited in the office of the comptroller of the treasury of the United States, within ninety days after their dates, respectively. 4 CHAPTER 27. Approved, March 2, 1799. Yol. 1, p. 721. An Act to regulate the Medical Establishment. 5 That in the medical establishment of the United States there shall be the following officers: A physician-general, who shall be charged with the superintendence and direction of all military hospitals, and, gene- rally, .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 sale 1 The office of purveyor abolished, by act of 28 March, 1812. See chap. 46, sec. 9. 2 See chap. 37, 18 May, 1792. 3 See chap. 27, 23 February, 1795. 4 See 3 March, 1809, chap. 28. 5 Repealed and supplied by act of 16 March, 1802, chap. 9, sees. 3 and 29, and see tetfl of July, 1862. 9 130 FIFTH CONGRESS, THIRD S'ESSION, CH. 27, 1799. 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 medicines, stores, and whatsoever else may be necessary in relation to the said practice or service. A competent number of hospital surgeons, who shall be liable to serve in the field, and who shall have the immediate charge and direction of such military hospitals as may be committed to their care, respectively. A suitable number of hospital mates, who are to observe the directions of the hospital surgeons, and shall diligently perform all reasonable duties required of them for the recovery of the sick and wounded. SEC. 2. That each military hospital shall have a steward, with a com- petent number of nurses, and other attendants ; which steward shall be charged with the procuring of such supplies as may not otherwise be fur- nished, and with the safe keeping and issuing of all supplies. SEC. 3. That the said physician-general, hospital-surgeons, purveyor, and apothecary and apothecaries, deputy or deputies, shall be appointed as other officers of the United States ; that the said mates and stewards shall be appointed by the authority, and at the direction, of the said physician- general, subject to the eventual Approbation and control of the President of the United States, and shall be removable by the authority of the said physician-general; and that the surgeon of each hospital shall appoint, employ, and fix the compensations of, the nurses and other attendants of such hospital, subject to the control of the said physician-general, or the hospital surgeon, of senior appointment, with a separate army, or in a separate district. SEC. 4. That as often as the regimental sick will not suffer by the employ- ing of the regimental surgeons or mates in the temporary or other hospitals of the United States, the physician-general, or the hospital surgeon, of senior appointment, with a separate army, or in a separate district, with the consent of the general and commander-in-chief, or the officer command- ing a separate army, may require the attendance of such surgeons, or surgeon's mates, as, in his opinion, can be with safety so withdrawn from their regiments. SEC. 5. That it shall be the duty of the physician-general, with two or more hospital surgeons, to frame a system of directions relative to the description of 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 prevention 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 commander-in-chief, the commander of a separate army, or in a sepa- rate district, as the case may be, and, eventually, to the approbation and control of the President of the United States: Provided always, That the said directions, having received the sanction of the commander-in-chief, or the commander of a separate army, shall be operative, and remain in full force, unless altered or annulled by the President of the United States. SEC. 6. That the compensations of the said several officers shall be as follows: of the physician-general, $100 pay per month, and $50 per month, which shall be in full compensation for forage, rations, and travelling ex- penses: of the purveyor. $100 pay per month, in full compensation for his services, and all expenses : of the apothecary-general, $80 pay per month, and $30 per month, in full compensation for forage, rations, and all ex- penses: of each of his deputies, $50 pay per month, and $16 per month, in full compensation for forage, rations, and all expenses : of each hospital FIFTH CONGRESS. THIRD SESSION, CH. 31, 1799. 131 surgeon. $80 pay per month, and $40 per month, in full compensation for forage, rations, and all expenses : of each mate, $30 pay per month, and $20 per month, in full compensation for forage, rations, and all expenses : of each steward, $25 pay per month, and $8 per month, in full compensa- tion for forage, rations, and all expenses : Provided, That none of the officers aforesaid shall be entitled to any part of the pay or emoluments aforesaid, until they shall, respectively, be called into actual service. SEC. 7. That, for the accommodation of the sick of the army and navy of the United States, the physician-general, and hospital surgeon of senior appointment, 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 approbation of the Pre- sident of the United States, shall have power to provide and establish per- manent hospitals. SEC. 8. That all the said officers, and others, shall, as touching their several offices and duties, be liable to the rules and regulations for the government and discipline of the army; and shall be bound to obey, in conformity with law and the usages and customs of armies, the orders and directions of the chief military officers of the respective armies, and within the respective districts in which they shall respectively serve and be. SEC. 9. That the physician-general, or, in his absence, the senior medical officer, with the approbation of the commander-in-chief, or commanding officer of 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 employment or promotion in the hospital department, and certify to the secretary of war the qualifications of each. [Approved, March 2, 1799.] CHAPTER 31. Approved, March 2, 1799. Yol. 1, p. 725. An Act giving eventual authority to the President of the United States to augment the army. 1 That it shall be lawful for the President of the United States, in case war shall break out between the United States and a foreign European power, or in case imminent danger of invasion 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 riflemen, a battalion of artillerists and engineers, and three regiments of cavalry, or such part thereof as he shall judge necessary; the non-commissioned offi- cers and privates of which to be enlisted for a term not exceeding three years, and to be entitled each to a bounty of $10; one-half to be paid at the time of enlistment, and the remainder at the time of joining the regi- ment to which they may belong. SEC. 2. That the President of the United States be authorized, whenever 1 The 1st and 2cl sections of this act expired by the operation of the llth section; the powers thereby conferred not having been continued for a longer time. J 132 FIFTH CONGRESS, THIRD SESSION, CH. 31, 1799. it shall appear to him expedient, if during the session of the Senate, with their advice and consent, if in their recess, alone, to appoint and commis- sion all officers for the said troops, agreeably to the rules and regulations prescribed by law for the military establishment: Provided, That the general and field officers who may be appointed in the recess of the Senate, shall, at the next meeting thereof, be nominated and submitted to them for their advice and consent. SEC. 3. That the officers, non-commissioned officers, and privates, of the troops, which may be organized and raised pursuant to this act, shall be entitled to the like pay, clothing, rations, forage, and other emoluments, and to the like compensation in case of disability by wounds, or otherwise, incurred in the service, as the officers, non-commissioned officers, and pri- vates 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 govern- ment of the army. Provided, That no officer, except captains and sub- alterns who may be employed in the recruiting service^ shall be entitled to any pay or other emolument until he shall be called into actual service. SEC. 4. That the laws of the United States respecting the regulations and emoluments of recruiting officers, punishment of persons who shall procure or entice a soldier to desert, or shall purchase his arms, uniform, clothing, or any part thereof, and the punishment of every commanding officer of every 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 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 respecting the inserting of conditions in the enlistments; and all other laws 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. 5. That it shall be lawful for the President of the United States, at his discretion, to discharge the whole, or any part of the troops which may be raised by virtue of this act, whensoever he shall think fit. SEC. 6. That the President of the United States be authorized to organize all such companies of volunteers, as have been, or shall be, accepted by him pursuant to the act entitled "An act authorizing the President of the United States to raise a provisional army/' 1 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 volun- teers shall not be compelled to serve out of the state in which they reside, a longer time than three months after their arrival at the place of ren- dezvous. SEC. 7. That it shall be lawful for the President of the United States to call forth and employ the said volunteers in all the cases, and to effect all the purposes, for which he is authorized to call forth and employ the mili- tia, by the 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 these purposes." 2 SEC. 8. That it shall not be lawful for the President of the United States to accept a greater number of the said volunteers, in any of the states or 1 See chap. 47, 28 May, 1798. 2 See chap. 36, 28 February, 1795. FIFTH CONGRESS, THIRD SESSION, CH. 48, 1799. 133 territories of the United States, than is hereinafter apportioned to them, re- spectively ; that is to say : To New Hampshire, three thousand ; to Massa- chusetts, 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 Kentucky, one thousand ; to North Carolina, seven thousand ; to Tennessee, one thousand ; to South Carolina, four thousand ; to Georgia, fifteen hun- dred ; to North- Western Territory, one thousand ; and to Mississippi Terri- tory, five hundred. SEC. 9. That for the execution of this act, if it shall be found necessary to carry it, or any part of it, into effect, there be appropriated the sum of $2,000,000 ; and that the President be authorized to borrow, on behalf of the United States, the said sum, or so much thereof as he shall deem neces- sary, (which the bank of the United States is hereby empowered to lend,) and upon such terms and conditions as he shall judge most advantageous to the United States : Provided, That such terms and conditions shall not restrain the United States from paying off the sum which may be borrowed, after the expiration of fifteen years. SEC. 10. That so much as may be necessary of the surplus of the duties on imports and tonnage, beyond the permanent appropriations heretofore charged upon them by law, shall be, and hereby is, pledged and appro- priated for paying the interest of all such moneys as may be borrowed pursuant to this act, according to the terms and conditions on which the loan, or loans, respectively, may be effected ; and also for paying, by dis- charging, the principal sum or sums of any such loan or loans, according to the terms and conditions to be fixed as aforesaid. SEC. 11. That the powers, by the first and second sections of this act vested in the President of the United States, shall cease at the expiration of the session 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.] [By _ Chap. 47, 3d March, 1799, the President of the United States is authorized to make appointments to fill any vacancies in the army and navy which may have happened during the present session of the Senate.] CHAPTER 48. Approved, March 3, 1799. Vol. 1, p. 749. An Act for the better organizing of the troops of the United States, and for other purposes 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 lieutenant-colonel com- mandant, two majors, first and second, one adjutant, one quartermaster, and one paymaster, each being a lieutenant, one surgeon, and two sur- 1 Repealed and supplied by act of 16 March, 1802, chap. 9, so far as it conflicts with the provisions of that act. Sections 22, 23, and 24 do not appear to come within the operation of the repealing clause. 134 FIFTH CONGRESS, THIRD SESSION, CH. 48, 1799. geon's mates, ten captains, ten first and ten second lieutenants, besides the three lieutenants 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 of cavalry shall consist of one lieutenant- colonel commandant, 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 lieutenants, besides the three lieutenants before mentioned, ten cadets, two sergeant- majors, two quartermaster-sergeants, two chief musicians, first and second, ten other musicians, forty sergeants, forty corporals, and nine hundred and twenty privates, including ten saddlers, ten blacksmiths, and ten boot- makers ; which, together, shall form five squadrons, each squadron of two companies : A regiment of artillery shall consist of one lieutenant-colonel commandant, four majors, one adjutant, one quartermaster, and one pay- master, each being a lieutenant ; one surgeon, and two surgeon's mates, sixteen captains, thirty-two lieutenants, besides the three lieutenants be- fore 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 bat- talions, each battalion of four companies : Provided, always, That the number of privates raised, and to be raised, for the regiment of cavalry, and the regiments of infantry heretofore authorized, shall not exceed the number, respectively, for which provision hath been made by law; nor shall the battalion of riflemen, nor the two additional troops of cavalry authorized by this act, be raised, until further provision shall be so made, unless war sh;ill break out between the United States and some European prince, potentate, or state, in which case it shall be lawful for the President of the United States, at his discretion, to cause the said regiments, or any of them, to be severally completed to their full establishment. SEC. 2. That every ensign and cornet, in the regiments heretofore ap- pointed, shall be denominated hereafter second lieutenants. SEC. 3. That the officers, non-commissioned officers, and privates, herein- after mentioned, who now are, or at any time hereafter may be, in the actual service of the United States, shall be entitled to, and shall receive, the following compensations, to wit: a major-general, $166 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 $20 per month. A brigadier-general, $104 per month, twelve rations per day, or an equivalent in money, and $16 per month for forage, when not furnished as aforesaid. A lieutenant-colonel commandant, $75 per month, six rations per day, or an equivalent in money, and $12 for forage, when not furnished as aforesaid. A major of artillery or cavalry, each, $55 dollars per month, four rations per day, or an equivalent in money, and $10 per month for forage, when not furnished as aforesaid. A major of infantry, $50 per month, four rations per day, or an equivalent in money, and $10 per month for forage, when not furnished as aforesaid. A captain of cavalry, $40 per month, three rations per day, or an equivalent in money, and $8 per month for forage, when not furnished as aforesaid. A captain of artillery, and infantry, $40 per month, and three rations per day, or an equivalent in money. A first lieutenant of cavalry, $30 per month, two rations per day, or an equivalent in money, and $6 per mouth for forage, when not furnished as aforesaid. Lieutenants of artillery, each, FIFTH CONGRESS, THIRD SESSION, CH. 48, 1799. 135 930 per month, and two rations per day, or an equivalent in money. A second lieutenant of cavalry, $25 per month, two rations per day, or an equivalent in money, and $6 per month for forage, when not furnished as aforesaid. A first lieutenant of infantry, $30 per month, and two rations per day, or an equivalent in money. A second lieutenant of infantry, 825 per month, and two rations per day, or an equivalent in money. A regi- mental surgeon, $45 per month, three rations per day, or an equivalent in money, and $10 per month for forage, when not furnished as aforesaid. A surgeon's mate, $30 per month, two rations per day, or an equivalent in money, and $6 dollars per month for forage, when not furnished as afore- said. A regimental paymaster, quartermaster, and adjutant, in addition to their pay in the line, each, $10 dollars, and $6 per month for forage, when not furnished as aforesaid. A cadet of cavalry, $10 per month, two rations per day, or an equivalent in money, and $6 per month for forage, when not furnished as aforesaid. All other cadets, $10 per mouth, and two rations per day, or an equivalent in money. A sergeant-major, and a quar- termaster-sergeant, each, $10 per month. A chief musician, $8 per month. A sergeant, $8 per month. A corporal, $7 per month. A musician. $6 per month. An artificer to the infantry and artillery, a farrier, saddler, and boot-maker to the dragoons, each $10 per month." A private soldier, $5 dollars per month. And to each of the said non-commissioned officers and privates, one ration of provisions per day. SEC. 4. That all non-commissioned officers, artificers, privates, and mu- sicians, who are, and who shall be, enlisted, and the non-commissioned officers, artificers, 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 contract. And whenever any non- commissioned officer, artificer, private, or musician, shall be arrested, whether by mesne process, or in execution, contrary to the intent hereof, it shall be the duty of the judge of the district court of the United States, and of 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 an officer, to grant a writ of habeas corpus, returnable before himself: and upon due hearing and examination, in a summary manner, to dis- charge the non-commissioned officer, artificer, private, or musician, 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. SEC. 5. That each non-commissioned officer, private, artificer, and mu- sician, who shall hereafter be enlisted, for the army of the United States, shall be able-bodied, 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 $12; but the pay- ment of $4 thereof shall 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-commissioned officer, and private, and artificer, and for each sufficient musician, duly enlisted and mustered, the sum of $2, the same being in full compensation for his extra expenses in the execution of this service. SEC. 6. That when any officer shall be detached from a regiment, to serve as an aid to a general officer, or as assistant or other inspector, or as an assistant to the quartermaster-general, by whatsoever name, or as an assistant to the adjutant-general, by whatsoever name, the place of such officer in his regiment shall be supplied, by promotion or new appoint- 136 FIFTH CONGRESS, THIRD SESSION, CH. 48, 1799. ment, or both, as may be requisite; but the officer detached shall, never- theless, retain his station in his regiment, and shall rank and rise therein in the same manner as if he had not been detached. SEC. 7. That no officer shall be appointed as the inspector of a division, who, when appointed, shall be of a rank higher than that of major, or as the inspector 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 ap- pointed, 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 quartermaster of a division, who, when appointed, shall be of a rank higher than that of captain, or as the quartermaster of a brigade, 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. SEC. 8. That, in the ordinary arrangement of the army, two regiments of infantry, or cavalry, shall constitute a brigade, 1 and shall be commanded by a brigadier-general; two brigades, a division, and shall be commanded by a major-general. Provided always, That it shall be in the discretion of the commanding general to vary this disposition, whenever he shall judge it proper: And provided also, That this act shall not render it necessary to appoint any greater number of general officers than have been heretofore authorized by law, sooner than, in the opinion of the President, the mili- tary service of the United States shall require it. SEC. 9. That a commander of the army of the United States shall be appointed, and commissioned by the style of "general of the armies of the United States;" and the present office and title of lieutenant-general shall thereafter be abolished. 2 SEC. 10. That there shall be a quartermaster-general of the army of the United States, who shall be entitled to the rank, pay, emoluments, and privileges, of a major-general. SEC. 11. That it shall be lawful for the President of the United States, at his discretion, to organize, officer, and raise a battalion of riflemen, to consist of the same number of officers and men, and to be entitled to the same pay and emoluments, whatsoever, as a battalion of infantry of the line. SEC. 12. That to any army of the United States, other than that in which the quartermaster-general shall serve, there shall be a deputy quarter- master-general, who shall be a field-officer, and who, in addition to his other emoluments, shall be entitled to $50 per month, which shall be in full compensation for his extra services, and travelling expenses ; but the pro- visions of this act are not to affect the present quartermaster-general of the army of the United States, who, in case a quartermaster-general shall be appointed by virtue of this act, is to act as deputy quartermaster-general; and shall hereafter have the rank of lieutenant-colonel ; and that, to every divi- sion of an army, there shall be a division quartermaster, who, in addition to his other emoluments, shall be entitled to $30 per month, which shall be in full compensation for his extra services and travelling expenses ; and that, to every brigade, there shall be a brigade quartermaster, who, in addition to his other emoluments, shall be entitled to $24 per month, which shall be in full compensation for his extra services and travelling 1 See organization act of July, 1861. 2 Revived, temporarily, by resolutior " /1 15 Feb. 1855, and conferred upon Major- General Winfield Scott. FIFTH CONGRESS, THIRD SESSION, CH. 48, 1799. 1ST expenses; each of which officers shall be chosen by the quartermaster- general from among the regimental officers. SEC. 13. That, to any army of the United States, other than that in which the inspector-general shall serve, there shall be a deputy inspector-general, who shall be a field-officer, and who, in addition to his other emoluments, shall be entitled to $50 per month, which shall be in full compensation for his extra services and travelling expenses; and that, to every division of an army, there shall be a division inspector, who, in addition to his other emoluments, shall be entitled to $30 per month, which shall be in full compensation fof his extra services and travelling expenses ; and that, to every brigade, there shall be a brigade inspector, who, in addition to his other emoluments, shall be entitled to $24 per month, which shall be in full compensation for his extra services and travelling expenses ; each of which officers shall be chosen by the inspector-general, from among the regimental officers. The deputy inspector-general to be, in every case, ap- proved by the general commanding the army, to which he shall be an- nexed. SEC. 14. That the adjutant-general of the army shall be, ex officio, assist- ant inspector-general, and that every deputy inspector-general shall be, ex officio, deputy adjutant-general, and shall perform the duties of adjutant- general in the army to which he shall be annexed. SEC. 15. That the paymaster-general of the armies of the United States, shall always quarter at or near the head-quarters of the main army, or at such place as the commander-in-chief shall deem proper; and that, to the army on the western frontiers, and to detachments from the main army, intended to act separately for a time, he shall appoint deputy paymasters, who shall account to him for the money advanced to them, and shall each give a bond, in the sum of $15,000, with sufficient sureties, for the faithful discharge of their duties, respectively, and take an oath faithfully to ex- ecute the duties of their offices; and the several regimental paymasters shall also give bond, in the sum of $5000, with one or more sufficient sure- ties, and take an oath, as aforesaid, for the faithful discharge of the duties of their offices, respectively ; and that the paymaster-general shall receive $80 per month, with the rations and forage of a major, in full compensa- tion for his services and travelling expenses; and the deputy, in addition to his pay, and other emoluments, $30 per mouth, in full compensation for his extra services and travelling expenses. SEC. 16. That every major-general of the army of the United States shall be entitled to t\vo aids, to be chosen by himself, each of whom, in addition to his pay and other emoluments in his regiment, shall receive $24 per month, and $10 per month for forage, when not furnished as aforesaid ; and that every brigadier-general of the said army shall be en- titled to one aid, to be chosen by himself, who, in addition to his pay and other emoluments in his regiment, shall receive $24 per month, and $10 per month for forage, when not furnished as aforesaid. SEC. 17. That the President of the United States be authorized to en- gage and appoint, distinct from the officers of the corps of artillerists and engineers, two engineers, with the rank of lieutenant-colonel, and to stipu- late and allow to them, respectively, such compensations as he shall find necessary and expedient. SEC. 18. 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 engineers, in full for his extra services and travelling expenses, shall, besides his pay 138 FIFTH CONGRESS, THIRD SESSION, CH. 48, 1799. and emoluments in the corps, be $35 per month ; and if he shall not be an officer in the artillery or army, he shall, in full compensation for his services and expenses, be allowed the sum of $75 monthly, and be en- titled 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 en- gineers, or army of the United States, his place therein shall be supplied by promotion, or a new appointment, or both, as may be requisite ; but lie shall, nevertheless, 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 ap- pointed to the said office of inspector. SEC. 19. That a ration of provisions shall henceforth consist of eighteen ounces of bread, or flour ; or, when neither can be obtained, of one quart of rice, or one and a half pound of sifted or bolted Indian meal ; one and a quarter pound of fresh 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 one and a half pound for every hundred rations : Provided always, That there shall be no diminution of the ration to which any of the troops now in service may be entitled by the terms of their enlistment. SEC. 20. That every non-commissioned officer, private, artificer, and mu- sician, of the artillery and infantry, shall receive, annually, the following articles of 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. That suitable clothing be provided for the dragoons, 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. SEC. 22. That it shall be lawful for the commander-in-chief of the army, or the commanding officer of any separate detach- ment or garrison thereof, at his discretion, to cause to be issued, from time to time, to the troops 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, excepting in cases of fatigue service, or other extraordinary occasions; and that, whensoever supplies thereof shall be on hand, there shall be issued to the troops vinegar, at the rate of two quarts for every hundred rations. SEC. 23. That it shall be lawful for the commanding officer of each regiment, whenever it may 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 deducted and applied, out of the pay of such persons, a sum or sums, not exceeding SIXTH CONGRESS, FIRST SESSION, OH. 9 & 26, 1800. 139 twenty-five cents for each coat, eight cents for each vest, and fur each pair of overalls or breeches. SEC. 2-4. That it shall be lawful for the secretary of war to cause to be provided, in each and* every year, all clothing, camp utensils, and equipage, medicines, and hospital stores, necessary for the troops and armies of the United States, for the succeeding year, and for this purpose to make purchases, and enter, or cause to be entered, into, all necessary contracts or obligations for effecting the same. SEC. 25. That whenever any officer or soldier shall be discharged from the service, except by way of punishment for an offence, he shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient to travel from the place where he receives his discharge to the place of his residence, computing' at the rate of twenty miles to a day. SEC. 26. That there shall be allowed to the inspector-general, in addition to his allowance as major-general, and in full compensation for extra ser- vices and expenses in the execution of his office, the sum of $50 per month, and that he shall be allowed a secretary, to be appointed by himself, with the pay and emoluments of a captain. [Approved, March 3, 1799.] CHAPTER 9. Approved, Feb. 20, 1800. Yol. 2, p. 7. An Act to suspend, in part, an Act, entitled " An Act to anyment the army of the United States, and for other purposes." 1 That all further enlistments under the second section of an act, entitled " An act to augment the army of the United States, and for other purposes," shall be suspended until the further order of Congress, unless, in the recess of Congress, and during the continuance of the existing differences between the United States and the French Republic, war shall break out between the United States and the French Republic, or imminent danger of invasion of their territory, by the said republic, shall, in the opinion of the President of the United States, be discovered to exist. CHAPTER 26. Approved, April 22, 1800. Yol. 2, p. 38. An Act to fix the compensation of the paymaster -general, and assistant to the adjutant- general. 2 That the paymaster-general of the army of the United States shall re- ceive $120 per month, with the rations and forage of a major, in full com- 1 See the act here partially suspended, 16 July, 1798. 2 Repealed by act of 16 March, 1802, chap. 9. 140 SIXTH CONGRESS, FIRST SESSION, CH. 46, 1800. pensation for his services and travelling expenses, to be computed from the commencement of the time of his actual residence at the seat of go- vernment, any thing in the "Act for the better organizing of the troops of the United States, and for other purposes/' 1 to the contrary notwithstand- ing. SEC. 2. That the pay of the assistant of the adjutant-general, in addition to his pay and other emoluments in the line of the army, shall be $40 per month, which shall be in full compensation for his extra services and travelling expenses, to be computed from the time of his entering upon actual service. [Approved, April 22, 1800.] CHAPTER 46. Approved, May 7, 1800. Vol. 2, p. 61. An Act for the regulation of public arsenals and magazines. 2 That the several officers who now are, or hereafter may be, employed 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 of such armory, three rations per day, or an equivalent in money; and a master armorer,' two rations per day, or an equivalent in money. SEC. 2. That if any person shall procure, or entice, any artificer, or work- man, retained or employed in any arsenal, or armory of the United States, to depart from the same during the continuance of his engagement, or avoid or break his contract with the United States, or who after due notice of the engagement of any such workman or armorer, 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 $50, or be imprisoned, for any term not exceeding three months. SEC. 3. That if any artificer, or workman, hired, retained, or employed, in any public arsenal or armory, shall, wantonly and carelessly, break, impair, or destroy, any implements, tools, or utensils, or any stock, or materials for making guns, the property of the United States ; or shall, wilfully and obstinately, refuse to perform the services lawfully assigned to him, pursuant to his contract, every such person shall forfeit a sum, not exceeding $20, for every such act of disobedience or breach of contract,- to be recovered in any court having competent jurisdiction thereof. SEC. 4. That all artificers, and workmen, who are or shall be employed in the said armories, shall be, and they are hereby, exempted, during their term of service, from all military ser- vice, and service as jurors in any court. 1 3 March, 1779. 2 See chap. 14, 2 April, 1794. 3 Superintendent of Springfield and Harper's Ferry abolished 23 Aug., 1842. 6TH & TTH CONG., IST SESS., CH. 69 & 9, 1800, '02. 141 CHAPTER 69. Approved, May 14, 1800. Vol. 2, p. 85. 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." That it shall be lawful for the President of the United States to suspend any further military appointments under the act to augment the army of the United States, and for other purposes, 1 and under the ninth section of the act for the better organization of the troops of the United States, and for other purposes, 2 according to his discretion, having reference to economy and the good of the service. SEC. 2. That the President of the United States shall be, and hereby is, authorized and empowered to discharge, on or before the 15th day of June next, all such officers, non-commissioned officers, and privates, as have 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 always, That nothing in this act contained shall be construed to authorize any reduction of the first four regiments of infantry, the two regiments of 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. 3 SEC. 3. That to each officer, non-commissioned officer, and private, who shall be discharged from 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, respectively. CHAPTER 9. Approved, March 16, 1802. Vol. 2, p. 132. An Act fixing the Military Peace Establishment of the United States.* 4. Monthly pay. Stationery, adjutant and inspector. Paymaster. Aids of briga- dier. Pay of officers and men. 5. Rations to be furnished in proportion to rank. The President to allow additional rations. Rations to women. Matrons and nurses of hospitals. 7. Money in lieu of forage. 16. Paymasters to act by direc- tions of the President. To give bond. Oath of office. To appoint paymasters, and authorized to require bonds. 26. Corps of engineers organized. Of whom. 1 See 16 July, 1798, chap. 76. 2 3 March, 1799, chap. 48, and 11 July, 1798, chap. 72. 3 This proviso superseded by the act of 16 March, 1802, chap. 9. 4 The provisions of this act in regard to pay, subsistence, clothing, allowances for wounds ami disabilities and benefits and allowances generally, are adopted by act of :> March, 1815. The residue maybe considered as repealed and supplied by that act, and those therein referred to. See act 3 March, 1815, sections 4 and 7; see also acts additional to this act, 28 February, 1803, 26 March, 1804, 12 April, 1808, 24 December, 1811, 23 August, 1842. 142 SEVENTH CONGRESS, FIRST SESSION, CH. 9, 1802. Cadets, and pay of. Promotions. 27. The corps of engineers to be stationed at West Point, and to be a military academy, but to do duty when required. 28. The principal engineer to superintend the academy. The secretary of war to pro- cure books, &c. 29. Repeal of laws. That the military 1 peace establishment of the United States, from and after the 1st of June next, shall be composed of one regiment of artillerists, and two regiments of infantry, with such officers, military agents, and en- gineers, as are hereinafter mentioned. SEC. 2." That the regiment of artillerists 3 shall consist of one colonel, one lieutenant-colonel, four majors, one adjutant, and twenty companies, each company to consist of one captain, one first lieutenant, one second lieute- nant, two cadets, four sergeants, four corporals, four musicians, eight arti- ficers, and fifty-six privates; to be formed into five battalions: Provided always, That it shall be lawful for the President of the United States to re- tain, \vith their present grade, as many of the first lieutenants, now in service, as shall amount to the whole number of lieutenants required ; but that, in proportion as vacancies happen therein, new appointments be made to the grade of second lieutenants, until their number amount to twenty; and each regiment of infantry shall consist of one colonel, one lieutenant- colonel, one major, one adjutant, one sergeant-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 musi- cians, and sixty-four privates. SEC. 3. That there shall be one brigadier-general, with one aid-de-camp,* who shall be taken from the captains or subalterns of the line; one adjutant and inspector of the army, to be taken from the line of field officers ; one paymaster of the army, seven paymasters, and two assistants, to bo attached to such districts as the President of the United States shall direct, 10 be taken from the line of commissioned officers, who, in addition to their other duties, shall have charge of the clothing of the troops ; three military agents, 5 and such number of assistant military agents, as the President of the United States shall deem expedient, not exceeding one to each military post ; which assistants shall be taken from the line ; two surgeons, 6 twenty- five surgeon's mates, to be attached to the garrisons or posts, and not to corps. SEC. 4. That the monthly pay of the officers, non-commis- sioned officers, musicians, and privates, be as follows, to wit : to the brigadier-general, two hundred and twenty-five dollars, which shall 1 See, for reorganization of the military establishment, the 3 March, 1815, chap. 79, and the 2 March, 1821, chap. 13. 2 The artillery corps was reorganized, by the 3 March, 1814, chap. 37, sees. 1 and 2, and the 2 March, 1815, chap. 13. 3 The infantry were reorganized by the 2 March, 1815, chap. 13, as respects the men, and again by the 23 August, 1842, chap. 186, sec. 1, which supplies the 5 July, 1838, chap. 142, sec. 1. 4 There were four brigadiers by the 3 March, 1815, chap. 79, sec. 3, and two by the 2 March, 1821, chap. 13, and two additional added by the 18 June, 1S46, chap. 29, sec. 1, and were to be reduced to two, on vacancies, by 19 July, 1848, chap. 104, sec. 1. See acts of July, 1861. for increase. 5 Military agents Avere abolished by the 28 March, 1821. chap. 46, sec. 18, post. 6 See, for surgeons, the 2 March, 1821, chap. 13, sec. 10, and note. SEVENTH CONGRESS, FIRST SESSION, Cn. 9, 1802. 143 be his full and entire compensation, 1 without a right to demand or receive any rations, forage, travelling expenses, or other perqui- site or emolument whatsoever, except such stationer} 7 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 3 any other emolument, except such stationery as may be requisite in his department and the use of the public office now occupied by him ; to the aid-de-camp, in addition to his pay in the line, thirty dollars; 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 emolument; to each assistant military agent, eight dollars, in addition to his pay in the line, ex- cept the assistant military agents at Pittsburg and Niagara, who shall receive sixteen dollars each, in addition to their pay in the line; to each colonel, 4 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 ad- jutant, ten dollars, in addition to his pay in the line; to each captain, forty dollars ; to each first lieutenant, thirty dollars ; to each second lieutenant, twenty-five dollars; to each ensign, twenty dollars ; to each cadet, ten dollars ; to each 6 sergeant- major, nine dollars ; to each sergeant, eight dollars; to each cor- poral, seven dollars ; to each teacher of music, eight dollars ; to each musician, six dollars; to each artificer, ten dollars; and to each pri- vate, five 6 dollars. 1 The brigadier's pay, $104, by the 12 April, 1808, chap. 43, sec. 4, and confirmed by the 3 March, 1815, chap. 79, sec. 4, and re-enacted by the 8 January, 1812, chap. 14, sec. 6. 2 For adjutants and inspectors general, see the 2 March, 1821, chap. 13, sec. 6, and notes, by which they are to have the rank and emoluments of colonels of cavalry. 3 Paymasters had forage and rations of a major, by the 2 April, 1800; see for the paymaster-general's salary, the 24 April, 1816, chap. 69, sec. 3. Paymasters, as to pay and emoluments, are put on the footing of majors of infantry, by the 25 April, 1816, chap. 69, sec. 3. 4 For the pay of the officers of the dragoons, see the 12 April, 1808, chap. 43, sec. 4. 5 The parts in italics as to the pay of non-commissioned officers and men, is sup- plied by the 5 July, 1838, chap. 162, sec. 16, and 7 July, 1838, chap. 194, and see chap. 55, 21 Feb., 1857, for increase of officers pa}'. 6 Seven dollars to each private, by the 7 July, 1838, chap. 194; thirteen dollars to each enlisted man, by sec. 1, chap. 63, 6 Aug. 1861. 114 SEVENTH CONGRESS, FIRST SESSION, CH. 9, 1802. SEC. 5. That the commissioned officers aforesaid, shall be entitled to receive, for their daily subsistence, the following number of rations of provisions: a colonel, six rations; a lieu- tenant-colonel, five rations; a major, four rations; a captain, three 1 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 thereof, at the option of the said officers and cadets at the posts, respectively, where the rations shall become due; and if at such post supplies are not furnished by contract, then such allowance as shall be deemed equitable, 2 having reference to former contracts, and the position of the place in question; and each non-commissioned 3 officer, musician, and private, one ration; to the commanding officer of each sepa- rate 4 " "post, such additional number of rations as the President of the United States shall, from time to time, direct, having respect- to the special circumstances of each post; to the women who may be allowed to any particular corps, not exceeding the proportion of four to a company, one ration each; to such matrons and nurses as may be necessarily employed in the hospital, one ration each; and to every commissioned officer who shall keep one servant, 5 not a soldier of the line, one addi- tional ration. SEC. 6. 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 ojie pound and a half of candles, to every hundred rations. 6 SEC. 7 . 7 That the following officers shall, whenever forage is not furnished by the public, receive 8 at the rate of the following sums per month, in lieu 1 And forage for one horse, by the 6 July, 1812, chap. 133. 2 The ration is estimated at 20 cents (and 30 cents by act 1857) by the 12 April, 1808, ch. 43, sec. 6, and the 11 Jan. 1812, chap. 14, sec. 23. This section (5) of ra- tions is not supplied by the 4th section of 12 April. 1808, chap. 43. 3 See, for these separate commands, the 23 August, 1842, chap. 186, sec. 6. 4 When out of reach of the commander-in-chief. or superior officer in command in the neighborhood. 1 Peters, 293-296, and see 3 How. 566. See sec. 19, chap. 42, 3 Aug. 1861. . 5 See now as to servants the 30 March, 1814, chap. 37, sec. 9 and 10, and n. 6 The ration is repeated by the 8 Jan. 1812, chap. 14, sec. 8, and see substitution for rum, whiskey, or brandy, in sec. 2, chap. 39, 26 March, 1804. See notes to that act. 7 This section supplies the 30 May, 1796, chap. 39, sec. 14, ante; see further as to forage, the 12 April, 1808, chap. 43, sec. 4; the 6 July, 1812, chap. 133; the 28 March, 1812, chap. 46; the 24 April, 1816, chap. 69. sec. 12; the 3 March, 1845, chap. 65; and the 11 February. 1847, chap. 8, sec. 4. 8 They are entitled to eight dollars for each horse; allowed to all officers, by the 24 April, 1816, chap. 69, sec. 12. SEVENTH CONGRESS, FIRST SESSION, CH. 9, 1802. 146 thereof: each colonel, $12 ; each lieutenant-colonel, $11 ; each major, $10 ; each adjutant, $6 ; each surgeon, $10 ; and each surgeon's mate, $6. SEC. 8. 1 [That every non-commissioned officer, musician, and private of the artillery and infantry, shall receive annually the following articles of 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 blanket, one stock and clasp, and one pair of half gaiters: and the secretary of war is hereby authorized to cause to be furnished to the paymasters of the respective districts, such surplus of clothing as he may deem expedient, which clothing shall, under his direction, be furnished to the soldiers, when necessary, at the contract prices, and accounted for by them out of their arrears of monthly payj SEC. 9. That the President of the United States cause to be arranged the officers, non-commissioned officers, musicians, and privates of the several corps of troops now in the service of the United States, in such manner as to form and complete, out of the same, the corps aforesaid; and cause the supernumerary officers, non-commissioned officers, musicians, and privates, to be discharged from the service of the United States, from and after the 1st day of April next, or as soon thereafter as circumstances may permit. SEC. 10. That the officers, non-commissioned officers, musicians, and privates, of the said corps, shall be governed by the rules and articles of war, which have been established by the United States in Congress assem- bled, or by such rules and articles as may be hereafter by law established: Provided, nevertheless, That the sentence of general courts-martial, extend- ing to the loss of life, the dismission of a commissioned officer, or which shall respect the general officer, shall, with the whole of the proceedings of such cases, respectively, be laid before the President 2 of the United States, who is hereby authorized to direct the same to be carried into exe- cution, or otherwise, as he shall judge proper. SEC. ll." That the commissioned officers who shall be employed in the recruiting service, to keep up, by voluntary enlistments, the corps as afore- said, shall be entitled 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, the sum of $2: Provided, neverthe- less, That this regulation, so far as respects the height and age of the re- cruit, shall not extend to musicians, or to those soldiers who may re-enlist into the service: And provided, also, That no person under the age of twenty-one years shall be enlisted by any officer, or held in the service of the United States, without the consent 4 of his parent, or guardian, or mas- ter, first had and obtained, if any he have; and if any officer shall enlist anj r person contrary to the true intent and meaning of this act, for every such offence he shall forfeit and pay the amount of the bounty and clothing which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer. 1 The President is to prescribe the clothing by the 24 April, 1816, chap. 69, sec. 7; and sec the 11 January, 1812, chap. 14, sec. 9, supplying this section. 2 This requisition of the approbation of the President is re-enacted by the 10 April, 1806, of the articles of war, art. 65. 3 The recruiting fee is abolished by the 2 March, 1833, chap. 68, sec. 5; and the clause as to height repealed by the 5 July, 1838, chap. 162. sec. 30. 4 A similar clause in the act of the 20 January. 1813. was repealed by the 10 Dee. IS 14. chap. 10, sec. 3; and see 11 Jan. 1812, chap. 14, sec. 11; aud 13 Feb. 1862, sec. 2 chap. 13. 10 146 SEVENTH CONGRESS, FIRST SESSION, CH. 9, 1802. SEC. 12. 1 [That there shall be allowed and paid to each effective able- bodied citizen, recruited as aforesaid, to serve for the term of five years, a bounty of $12 ; but the payment of $6 of the said bounty shall be deferred until he shall be mustered and have joined the corps in which he is to serve.] SEC. 13. That tbe said corps shall be paid in such manner that f the arrears shall at no time exceed two months, unless the cir- cumstances of the case shall render it unavoidable. [SECTIONS 14 and 15 are omitted here because they are the same as sec- tions 11 and 12 of 29 January, 1816, chap. 16.] SEC. 16. That the paymaster shall perform the duties 2 of his office, agreeable to the direction of the President of the United States, for the time being : land before he enters on the duties of the same, shall give bonds with good and sufficient sureties, in such sums as the President shall direct* for the faithful* discharge of his said office; and shall take an oath to execute the duties thereof with fidelity; and it shall, moreover, be his duty to appoint 5 from the line, witb 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 paymasters to districts, and assistants, to enter into bonds, with good and sufficient surety, for the faithful discharge of their respective duties.] SEC. 17. 6 That it shall be the duty of the military agents, designated by this act, to purchase, receive, and forward to their proper destination, all military stores, and other articles for the troops in their respective depart- ments, 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 de- partment of war. They shall account with the department of war, annually, for all the public property which may pass through their hands, and all the moneys which they may expend in discharge of the duties of their offices respectively ; previous to their entering on the duties of 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 1 Supplied by 11 January, 1812, chap. 14, sec. 12. 2 See, as to his duties, the 8 May, 1772, chap. 37, sec. 3; and the 24 April, 1816, chap. 69, sec. 4. 3 In $20,000, by the 8 May, 1792, chap. 37, sec. 3 ; in such sums as the Secretary of War shall direct, by the 24 April, 1816, chap. 69, sec. 6. 4 The construction of which is not affected by local laws. 7 Peters, 435-449. ' 5 The rest of this section seems to be supplied by the 2 March, 1821, chap. 13, sec. 9, and 24 April, 1816, chap. 69, sec. 6, and the acts referred to in the notes to those acts. 6 Office abolished. See n. to sec. 3. SEVENTH CONGRESS, FIRST SESSION, CH. 9, 1802. 147 the trust reposed in them ; and shall take an oath faithfully to perform the duties of their respective offices. SEC. 18. 1 That if any non-corninissioned officer, musician, or private, shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve, for and during such a period, as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment ; and such soldier shall and may be tried by a court-martial, and punished, although the term of his enlistment may have elapsed previous to his being appre- hended or tried. SEC. 19. That every person who shall procure, or entice, a soldier in the service of the United States to desert, or who shall purchase from any soldier his arms, uniform 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, knowing him to have deserted, or other- wise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of any court having cognizance of the same, in any sum not exceeding $300, or be imprisoned, any term not exceeding one year. SEC. 20. That every officer, non-commissioned officer, musician, and pri- vate, shall take and subscribe 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, ac- cording to the rules and articles of war." SEC. 21. 2 That whenever a general court-martial shall be ordered, the President of the United States may appoint some fit person to act as judge- advocate, who shall be allowed, in addition to his other pay, $1.25 for every day he shall be necessarily employed in the duties of the said court, and in cases where the President shall not have made such appointment, the brigadier-general, or the president of the court, may make the same. Sec. 22. 3 That where any commissioned officer shall be obliged to incur any extra expense in travelling, and sitting on general courts-martial, he shall be allowed a reasonable compensation for such extra expense, actually incurred, not exceeding $1.25 per day to officers who are not entitled to forage, and not exceeding $1 per day to such as shall be entitled to forage. SEC. 23. 4 That no non-commissioned officer, musician, or private, shall be arrested, or subject to arrest, or to be taken in execution, for any debt under the sum of |20, contracted before enlistment, nor for any debt con- tracted after enlistment. SEC. 24. 5 That, whenever any officer or soldier shall be discharged from the service, except by way of punishment for any offence, he shall be al- lowed his pay and rations, or an equivalent in money, for such term of 1 The 18th, 19th, and 20th sections supplied by the 16th, 17th, and 18th sections of the 8 Jan. 1812, chap. 14, and of the articles of war, 10 April, 1806, chap. 20. 2 A judge-advocate is now appointed for the army, by the 2 March, 1849. chap. 83, sec. 4, and a judge-advocate general and judges-advocate for each army in the field, by act 17 July, 1862. 3 This extra expense is again provided for by the 11 Jan. 1812, chap. 14, sec. 20. 4 This exemption from arrest is re-enacted by the 11 Jan. 1812, chap. 14, sec. 21, and subsequent acts. 5 This section is supplied by the 11 Jan. 1812, chap. 14, sec. 22, and subsequent acts. 148 SEVENTH CONGRESS, FIRST SESSION, CH. 9, 1802. 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. SEC. 25. That to each commissioned officer, who shall be deranged by virtue of this act, there shall be allowed and paid, in addition to the pay and 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, respect- ively, 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. That the President of the United States is hereby authorized and empowered, when he shall deem it expedient, to organize and 1 establish a corps of engineers, to consist of one engineer, with the pay, rank, and emoluments 2 of a major; two assistant engineers, with the pay, rank, and emoluments of captains; two other assistant engineers, with the pay, rank, and emoluments of first lieutenants: two other assistant engineers, with the pay, rank, and emoluments of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: and the President of the United States is, in like manner, authorized, when he shall deem it proper, to make such promotions in 3 the said corps, with a view to particular merit, and without regard to rank, so as not to exceed one colonel, one lieutenant-colonel, two majors, four captains, four first lieutenants, four second lieutenants, and so as that the num- ber of the whole corps shall, at no time, exceed twenty officers and cadets. SEC. 27. * That the said corps, when so organized, shall be sta- tioned at West Point, in the State of New York, and shall con- stitute a military academy; and the engineers, assistant engi- neers, and cadets of the said corps, shall be subject, at all times, to do duty in such places, and on such service, as the President of the United States shall direct. SEC. 28. That the principal engineer, and in his absence the 1 See, for further organization and increase of, the 29 April, 1812, chap. 72, and the 5 July, 1838, chap. 162. It is recognized as it is now by the 2 March, 1821, chap. 13, and for salaries of professors, see the 3 March, 1851, ch. 22. 2 For extra services of a civil nature to allow them extra compensation. 15 Peters, 337, Gratiot vs. The United States. And for pay of the engineer corps, see same case. 15 Peters, 337. As allowed to the officers of the regiment of dragoons, by the 5 July, 1838, chap. 162, sec. 2. 3 The confining of the selection of the commander to the corps of engineers is re- pealed by the 29 April, 1812, chap. 72, sec. 6. 4 And see 29 April, 1812, chap. 72. sec. 2. SEVENTH CONGRESS, FIRST SESSION, CH. 52, 1802. 149 next in rank, shall have the superintendence 1 of the said mili- tary academy, under the direction of the President of the United States; and the secretary of war is hereby authorized, at the public expense, under such regulations as shall be directed by the President of the United States, to procure the necessary books, implements, and apparatus for the use and benefit of the said institution. SEC. 29. That so much of any act or acts now in force, as comes within the purview of this act, shall be, and the same is hereby, repealed; saving, nevertheless, 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 esta- blishment of the United States. [Approved, March 16, 1802.] CHAPTER 52. Approved, May 3, 1802. Yol. 2, p. 195. An Act additional to and amendatory of "An Act entitled an Act concerning the Dis- trict of Columbia."' 2 SEC. 13. That the President of the United States be author- ized to cause the militia of the respective counties of Washing- ton and Alexandria to be formed into regiments and other corps, conformably, as nearly as may be, to the laws of Maryland and Virginia, as they stood in force in the said counties, respectively, on the first Monday in December, in the year one thousand eight hundred; and that he appoint and commission, during pleasure, all such officers of the militia of the said District, as he may think proper; that he be authorized to call them into service, in like manner as the Executive of Maryland or Virginia were authorized in the counties of Washington and Alexandria, re- spectively, on the first Monday of December, one thousand eight hundred. And that such militia, when in actual service, 1 See further of instructors, the 20 July, 1840, chap. 5, sec. 2, and for the pay of, see 3 March, 1851, chap. 22. See 9 May, 1794, chap. 24; 30 May, 1796, chap. 39; 3 Mar. 1797, chap. 16; 2 Mar. 1799, chap. 27; 3 Mar. 1799, chap. 48; 12 Max. 1808, chap. 43; 11 Jan. 1812, chap. 14; 24 April, 1816, chap. 69; 2 Mar. 1821, chap. 13. 2 Chap. 15, 27 Feb. 1801. 150 SEVENTH CONGRESS, 2D SESS., CH. 13 & 15, 1803. be entitled to the same pay and emoluments as the militia of the United States, when called out by the President. [Approved, May 3, 1802.] CHAPTER 13. Approved, Feb. 28, 1803. Vol. 2, p. 206. An Act in addition to an Act entitled "An Act fixing the military peace establishment of the United States." 1 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. SEC. 2. That the President of the United States be, and he is hereby, authorized to appoint one teacher of the French language, and one teacher of drawing, to be attached to the corps of engineers, whose compensation shall not exceed the pay and emolument of a captain in the line of the army. SEC. 3. That the commanding officer of the corps of engineers be author- ized to enlist, for a term not less than three years, one artificer, and eighteen men, to aid in making practical experiments, and for other pur- poses; to receive the same pay, 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. 2 SEC. 4. 3 That the President of the United States be, and he is hereby, authorized to allow to the paymaster of the army, the adjutant and inspector of the army, and the military agent at Philadelphia, such sums, not exceeding in the whole $3000, for clerk hire, as their respective duties may, in his opinion, reasonably require. CHAPTER 15. Approved, March 2, 1803. Vol. 2, p. 207. An Act in addition to an Act, entitled "An Act more effectually to provide for the na- tional defence, by establishing an uniform militia throughout the United States." 4 1. The adjutant-general of the militia in each state, to make returns to the Pre- sident annually, &o. The secretary of war to give directions to the adjutant- generals, n may be re-enlisted for five years, or during the war. SEC. 4. That the non-commissioned officers, musicians, and privates, re-enlisted under the authority of the preceding section, shall be entitled to the bounty allowed by this act to recruits for five years, or for the war. [Approved, January 27, 1814.] CHAPTER 9. Approved, January 28, 1814. Vol. 3, p. 96. 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. That the President of the United States be, and he hereby is, authorized and empowered to cause to be enlisted for the term of five years, or during the war, the fourteen regiments of infantry which are now by law author- ized 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. SEC. 2. That each man enlisted under the authority of this act shall be allowed the same bounty, in money and land, as is now by law allowed to men enlisted for five years or during 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 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. CHAPTER 11. Approved, February 10, 1814. Vol. 3, p. 96. An Act to raise three regiments of riflemen. 2 That there be immediately raised such number of regiments of riflemen, not exceeding three, as, in the opinion of the President, will best promote the military service, to serve for five years, or during the war, unless sooner discharged. SEC. 2. That each regiment shall 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. That each company shall consist of one captain, one first lieu- tenant, one second lieutenant, one third lieutenant, and one ensign, five sergeants, four corporals, two musicians, and ninety privates. SEC. 4. That each man recruited under the authority of this act, to be allowed the same bounty, in land and money, MS is allowed by law to men enlisted for five years, or during the war ; and that the officers, non-com- 1 Chap. 16. 2 Superseded by 3 March, 1815, chap. 79. 252 THIRTEENTH CONGRESS, SECOND SESSION, On. 37, 1814. 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 and allowances, and be placed, in every respect, on the same footing, as the other regular troops of the United States. SEC. 5. That each company of the regiment of riflemen, authorized to be raised by the act of April 12, 1808, shall consist of ninety privates. [Approved, February 10, 1814.] CHAPTER 37. Approved, March 30, 1814. Vol. 3, p. 113. An Act for the better organizinfj, payini/, and snj)plying the Army of the United States. 6. Pay of the officers of artillery. 9. Officers' waiters. 10. How mustered and paid. 12. Promotions, how. 14. Pay, THIRTEENTH CONGRESS, SECOND SESSION, CH. 67, 1814. CHAPTER 67. Approved, April 18, 1814. Vol. 3, p. 128. An Act fixing the salary of the paymaster of the army of the United States, and allow- ing a sum for the employment of additional clerks in his office for the year 1814, and providing for the appointment of assistant district paymasters}- That, in lieu of the monthly compensation now allowed by law to the paymaster of the army of the United States, he shall receive an annual salary of $2000, 2 to be paid, quarter-yearly, at the treasury of the United States, and to commence on the 1st day of January last; and that, in addi- tion to the amount already allowed by law for clerk-hire, in the office of the paymaster of the army of the United States, there shall be allowed the further sum of $5547, for the purpose of employing additional clerks in, and for contingent expenses of, his office, for the present year, to be paid out of any money in the treasury not otherwise appropriated. SEC. 2. That the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint so many assistant district paymasters, not exceeding thirty, as the public service may, in his opinion, require: Provided, That the President of the United States shall have power to appoint any officer authorized by this act during the recess of the Senate, to be submitted to them, for their ad- vice and consent, at their next session. SEC. 3. That it shall be the duty of the paymaster of the army, under the direction of the war department, to make all disbursements of money within that 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 depart- ment. SEC. 4. That, to secure the regular and punctual payment of the troops, the district paymasters shall examine and transmit to the paymaster of the army the accounts and vouchers for all disbursements which have been made by them to the troops of the army or district where they shall be stationed, as soon as the first payment shall have been made, and accom- pany 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 remitted: Provided, also, That the said district and assistant paymasters shall make payments to the militia in the service of the United States, when required by the secretary of war or the paymaster of the army. SEC. 5. That the assistant district paymaster shall receive the pay and emoluments of a captain of infantry, and forage for one horse. SEC. 6. That the district and assistant district paymasters shall severally give bonds, with good and sufficient security, to the United States, for the faithful performance of their duties, in such sums as shall be required by the paymaster of the army, under the ^rection of the war department, and shall be subject to the rules and articles of war. SEC. 7. That this act shall continue in force until the termination of the war in which the 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. 1 Expired ; see 7th section. 2 See 24 April, 1816, sec. 3, chap. 69, and 21 Feb. 1857, chap. 5. THIRTEENTH CONGRESS, 2o SESS., CH. 78 & 80, 1814. 257 CHAPTER 78. Approved, April 18, 1814. Vol. 3, p. 133. .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. 1 That the secretaries of the war and navy departments be, and they are hereby, directed to cause to be collected and trans- mitted to them, at the seat of the government of the United States, 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. That all the flags, standards, and colors, of the descrip- tion aforesaid, which are now in the possession of the depart- ments aforesaid, and such as may be hereafter transmitted to them, be, with all convenient despatch, delivered to the Pre- sident of the United States, for the purpose of being, under his direction, preserved and displayed in such public place as he shall deem proper. [SEC. 3. $500 appropriated for the purposes of this act.] CHAPTER 80. Approved, April 18, 1814. Vol. 3, p. 134. An Act in further addition to an Act entitled " An Act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States." That, in addition to the officers of the militia, provided for by the act entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety-two, 2 and by an act in addition to the said recited act, approved March the second, one thousand eight hundred and three, 3 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 brigade, one aid-de-camp, with the rank of captain ; and the quartermasters of brigade, heretofore provided for by law. shall have the rank 1 See act 3 March. 1855, chap. 175. 2 Chap. 33. 3 Chap. 15. 17 258 THIRTEENTH CONGRESS, SECOND SESSION, CH. 82, 1814. of captain. And it shall be incumbent on the said officers to do and perform all the duties which, by law and military prin- ciples, are attached to their offices, respectively. [Approved, April 18, 1814.] CHAPTER 82. Approved, April 18, 1814. Yol. 3, p. 134. An Act in addition to an Act entitled "An Act 1 to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the Act note in force for those purposes."' 2 That courts-martial, to be composed of militia officers alone, for the trial of militia drafted, detached, and called forth for the service of the United States, whether acting in conjunction with the regular forces or otherwise, shall, whenever necessary, be appointed, held, and conducted in the manner prescribed by the rules and articles of war for appointing, holding, and conducting courts-martial for the trial of delinquents in the army of the United States. SEC. 2. That in all cases in the militia where an offence is punishable by stoppage of pay, or by imposing a fine limited by the amount of pay, the same shall be taken to have relation to the monthly pay existing at the time the offence was committed. SEC. 3. That if any delinquent directed to be summoned to appear before a court-martial for neglect or refusal to obey the orders of the President of the United States in any of the cases recited in the first, second, third, and fourth sections of the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes/' passed February 28, 1795, shall be absent when any non-commissioned officer shall call to summon him, it shall be a sufficient summoning of such delin- quent if the non-commissioned officer leave a copy of the summons, or a written notice thereof, signed by him, with some person of suitable age and discretion, at the usual place of abode of such delinquent, at least ten days previous to the day of appearance. And in case of the non-appearance of such delinquent, the court-martial may proceed with his trial in the same manner as if he had appeared and plead not guilty to the charge exhibited against him. SEC. 4. That it shall be the duty of the President of any court-martial for the trial of militia, if required, and upon his being duly satisfied that such testimony is material to the trial, to issue his precept, directed to any person to be summoned as a witness, commanding his or her attendance at such court to testify for or against the person to be tried, as the case may be ; and any witness having been duly summoned, and failing to appear, without a reasonable excuse, shall forfeit and pay a sum not ex- ceeding $50, to be sued for and recovered in the name of the United States, by bill, plaint, or information, in any court of competent jurisdiction. And if any witness, when called upon for that purpose, shall refuse to testify, or shall behave with contempt to the court, or if any other person 1 28 February, 1795, chap. 36. 2 Expired: see sec. 13. \ THIRTEENTH CONGRESS, SECOND SESSION, CH. 82, 1814. 259 shall use any menacing words, signs, or gestures, in presence thereof, or shall cause any riot or disorder therein, it shall be lawful for such court to punish every such offender by imprisonment for a term not exceeding one month, at the discretion of the court. SEC. 5. That for the purpose of carrying into execution the sentence, judgment, or order of any such court-martial, for any of the offences speci- fied in the last clause of the preceding section of this act, it shall be lawful for the court to issue an order to any commissioned officer of militia not below the rank of captain, commanding him to carry the same into effect by military force, whose duty it shall be to obey the same, and execute the order accordingly. SEC. 6. That on the trial of delinquents for offences not capital, by any such court-martial, the deposition of witnesses taken before a justice of the peace or other person authorized to take affidavits to be read in any court of record in the state where the same shall be taken, may be read in evi- dence, provided the prosecutor and person accused are present at taking the same, or are duly notified thereof. And, further, that the returns of captains, or other commanding officers of companies, of delinquents drafted or ordered into the service of the United States, who shall have refused or neglected to enter the same, sworn to as aforesaid, shall be competent evidence of the facts therein contained. SEC. 7. That if any person shall wilfully swear false before any such court-martial, or in any affidavit or deposition taken as aforesaid, he or she shall be adjudged to be guilty of wilful and corrupt perjury, and shall be indicted, tried, and punished accordingly, by any court of competent juris- diction in the state where such offence shall be committed. SEC. 8. That the militia, when called into the service of the United States by virtue of the before-recited act, may, if in the opinion of the President of the United States the public interest require it, be compelled to serve for a term not exceeding six months after their arrival at the place of rendez- vous in any one year. SEC. 9. Regimental chaplains in the militia which have been or shall be called into the service of the United States shall receive the same monthly pay and rations as a captain of infantry, with the addition of forage for one horse ; and whenever called forth into the service of the United States, division quartermasters shall be entitled to the pay, emoluments, and allow- ances of a deputy quartermaster-general; brigade quartermasters, to the pay, emoluments, and allowances of an assistant deputy quartermaster- general ; and regimental quartermasters, to the pay, emoluments, and allowances of a lieutenant of infantry, and $16 per month in addition thereto, and forage for one horse ; division inspectors shall be entitled to the pay, emoluments, and allowances of a lieutenant-colonel of infantry ; brigade-majors, to the pay, emoluments, and allowances of a major of infantry ; aids-de-camp to brigadier-generals, to the pay, emoluments, and allowances of a captain of infantry, with an addition of $16 per month, and forage for one horse. SEC. 10. That the expenses incurred or to be incurred by marching the militia of any state or territory of the United States to their places of ren- dezvous, in pursuance of a requisition of the President of the United States, or which shall have been or may be incurred in case of calls made by authority of any state or territory which shall have been or may be approved by him, shall be adjusted and paid in like manner as the expenses incurred after their arrival at such place of rendezvous, on the requisition of the President of the United States : Provided, Nothing herein contained shall be considered as authorizing any species of expenditure, previous to 260 THIRTEENTH CONGRESS, THIRD SESSION, CH. 10, 1814. arriving at the place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous. SEC. 11. That in all cases where a brigade of militia shall be called forth for actual service, it shall be the duty of the brigade-major of such brigade to inspect and muster the same, and sign the muster rolls conformably to the provisions of the act entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States/' 1 If less than a brigade be called forth, then it shall be the duty of a brigade-major of the district wherein such militia may rendezvous, to inspect and muster the same, and sign the muster rolls ; two musters to be made in the manner aforesaid, one on the assembling and the other on the discharge of the militia. If there should be no brigade-major in the vicinity, the commanding officer may direct any officer under the rank of lieutenant- colonel, whether of the regular troops or militia, to inspect and muster the militia so called forth. SEC. 12. That any commissioned officer, non-commissioned officer, musi- cian, or private of the militia of the United States, who shall have com- mitted an offence while in the actual service of the United States, may be tried and punished for the same, although his term of service may have expired, in like manner as if he had been actually in the service of the United States. SEC. 13. That this act be continued in force for and during the present war, and no longer. [Approved, April 18, 1814.] CHAPTER 10. Approved, December 10, 1814. Vol. 3, p. 146. An Act making further provisions for filling the ranks of the army of the United States. 2 1. Recruits able-bodied men between eighteen and fifty. 2. Minors allowed four days to retract. 3. Act of 1813, requiring the consent of parents, Ac., repealed. Apprentice's master to receive part of the bounty money. That, from and after the passing of this act, each and every 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 between the ages of eighteen and fifty years ; which enlistment shall be absolute and binding upon all persons under the age of twenty-one years as well as upon persons of full age, such re- cruiting officer having complied with all the requisitions of the laws regulating the recruiting service. 1 8 May, 1792, chap. 33. 2 Superseded in part by act of 3 March, 1815, fixing the peace establishment. THIRTEENTH CONGRESS, THIRD SESSION, CH. 10, 1814. 261 SEC. 2. That it shall not be lawful for any recruiting officer to pay or deliver to a recruit under the age of twenty-one years, to be enlisted by virtue of this act, any bounty or clothing, or in any manner restrain him of his liberty, until after the expi- ration of four days from the time of his enlistment; and it shall be lawful for the said recruit at any time during the said four days to reconsider and withdraw his enlistment, and thereupon I he shall forthwith be discharged and exonerated from the same, j SEC. 3. That so much of the fifth section of the act passed the 20th of January, 1813, entitled "An act 1 supplementary to the act entitled 'An act for the more perfect organization of the army of the United States/ " as requires the consent, in writing, of the parent, guardian, or master, to authorize the enlistment of persons under the age of twenty-one years, shall be, and the same is hereby, repealed. Provided, however, That, in case of the enlistment of any per- son held to service as an apprentice, under the provisions of this act, whenever 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 between 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. SEC. 4. That in lieu of the bounty of one hundred and sixty acres of land, now allowed by law, there shall be allowed to each non-commissioned officer and soldier hereafter enlisted, when discharged 1 from service, who shall have obtained from the commanding officer of his company, battalion, or regiment, a certificate that he had faithfully performed his duty whilst in service, three hundred and twenty acres of land, to be sur- veyed, laid off, and granted, under the same regulations, and, in every respect, in the manner now prescribed by law ; and the widow and chil- dren, and, if there be no widow nor child, the parents, of every non- commissioned officer and soldier, enlisted according to law, who may be killed or die in the service of the United States, shall be entitled 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. SEC. 5. That any person subject to militia duty, who shall, according to law, furnish a recruit for the army of the United States, at his own ex- pense, to serve during the war; shall thereafter be exempt from militia duty during the war, and every recruit, thus furnished, shall be delivered to some recruiting officer of the United States, who shall immediately grant 1 Chap. 12 : see sec. 5, chap. 78, 28 Sept. 1850, post. 2 By the 11 Jan. 1812, chap. 14, sec. 12. See ante, and n. 8. 262 THIRTEENTH CONGRESS, THIRD SESSION, CH. 13, 1814. his receipt for such recruit to the person furnishing him, and shall forth- with report the same to the department of war, and shall specify in the report the name of such person, and his place of residence, as well as the name and description of the recruit; whereupon it shall be the duty 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, 1 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 furnished shall be entitled to the bounty in land, in the same manner, and upon the same conditions, as the other recruits in the army of the United States. [Approved, December 10, 1814.] CHAPTER 13. Approved, December 13, 1814. Yol. 3, p. 151. An Act directing the Staff Officers of the Army to comply with the requisitions of naval and marine officers, in certain cases. That it shall be the duty of the several officers of the staff of the army of the United States, to provide the officers, seamen, and marines of the navy of the United States, when acting, or proceed- ing to act, on shore, in co-operation with the land troops, upon the requisition of the commanding naval or marine officer of any such detachment of seamen or marines, under orders to act as aforesaid, with rations, also the officers and seamen with camp equipage, according to the relative rank and station of each, and the military regulations in like cases, together with the neces- sary transportation, as well for the men as for their baggage, provisions, and cannon : Provided, nevertheless, That the con- tract price of the rations which may be furnished shall be reimbursed out of the appropriations for the support of the navy. SEC. 2. That tbe respective quartermasters of tbe army shall, upon the requisition of the commanding naval officer of any such detachment of seamen or marines, furnish the said officer and his necessary aids with horses, accoutrements, and forage, during the time they may be employed in co-operating with the land troops as aforesaid. 1 Expired with the war. THIRTEENTH CONGRESS, THIRD SESSION, CH. 38, 1815. 263 CHAPTER 38. Approved, February 8, 1815. Vol. 3, p. 303. An Act for the better regulation of the Ordnance Department. 1 2. Colonel may enlist, for the department, master-armorers, colonel, one major, one adjutant, one quartermaster, one paymaster, one surgeon, and two surgeon's mates, one sergeant-major, one quartermaster-sergeant, two principal musi- cians, and ten companies ; each company to consist of one captain, one first lieutenant, and one second lieutenant, four sergeants, four corporals, two musicians, and sixty-eight privates. SEC. 3. That there shall be two major-generals, and four brigadier- generals; the major-generals to be entitled to two aids-de-camp, and the brigadier-generals to one aid-de-camp, each, to be taken from the subal- terns of the line ; four brigade-inspectors, and four brigade-quartermas- ters, 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 ward-master* 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. That the compensation, subsistence, and clothing of the officers, cadets, non-commissioned officers, 6 musicians, artificers, and privates, 7 com- posing the military peace establishment, shall be the same as are pre- scribed by the act entitled "An act fixing the military peace establish- ment of the United States," 8 passed 16th March, 1802, and the act entitled "An act to raise, for a limited time, an additional military force/' 9 passed 1 Chap. 83. 2 This act and such intervening acts as relate to organization are superseded by the provisions of 2 March, 1821, chap. 13. 3 Chap. 37. 4 Chap. 43. 5 Words in italics repealed by sec. 1 chap. 61, 14 April, 1818. 6 See 2 March, 1827, chap. 42. 7 See 2 March, 1833, chap. 68. 8 Chap. 9. 9 Chap. 43. THIRTEENTH CONGRESS, THIRD SESSION, RES. 5, 1814. 267 12th of April, 1808 ; and that the major-generals shall be entitled to the same compensation as is provided by an act entitled "An act to raise an additional military force/ 71 passed llth January, 1812. SEC. 5. That the President of the United States cause to be arranged the officers, non-commissioned officers, musicians, and privates, of the several corps of troops now in the service of the United States, in such a manner as to form and complete out of the same the corps authorized by this act, and cause the supernumerary officers, non-commissioned officers, musicians, and privates, to be discharged from the service of the United States, from and after the 1st day of May next, or as soon as circum- stances may permit. SEC. 6. That to each commissioned officer, who shall be deranged by virtue of this act, there shall be allowed and paid, in addition to the pay and emoluments to which they will be entitled by law at the time of his discharge, three months' pay. SEC. 7. That the several corps authorized by this act shall be subject to the rules and articles of war, be recruited in the same manner, and with the same limitations, and that officers, non-commissioned officers, musi- cians, and privates, shall be entitled to the same provision for wounds and disabilities, the same pro vision for widows and children, and the same bene- fits and allowances in every respect, not inconsistent with the provisions of this act, as are authorized by the act of 16th March, 1802, entitled "An act fixing the military peace establishment of the United States/' 2 and the act of the 12th April, 1808, entitled "An act to raise, for a limited time, an additional military force ;" 3 and that the bounty to the recruit, and com- pensation to the recruiting officer, shall be the same as are allowed by the aforesaid act of the 12th of April, 1808.* [Approved, March 3, 1815.] EESOLUTION 5. Approved, November 3, 1814. Vol. 3, p. 247. 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-General Porter, Major-General Gaines, Major-General Macomb, and Brigadiers Ripley and Miller. That the thanks of Congress be, and they are hereby, presented to Major- General Brown, and, through him, to the officers and men 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 be requested to cause a gold medal to be struck, emblematical of these triumphs, and presented to Major-General Brown. Resolved, That the President of the United States be requested to cause a gold medal to be struck, with suitable emblems and devices, and pre- sented to Major-General Scott, in testimony of the high sense entertained by Congress of his distinguished services in the successive conflicts of 1 Chap. 14. 2 Chap. 9. 3 Chap. 43. 4 Chap. 43. 268 THIRTEENTH CONGRESS, THIRD SESSION, RES. 10, 1815. 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 requested to cause gold medals to be struck, with suitable emblems and devices, and presented to Brigadier-General Ripley, Brigadier-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 15th 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 medal to be struck, emblematical of this triumph, and presented to Major-General Gaines. Resolved, That the thanks of Congress be, and they are hereby, presented to Major-General Macomb, and, through him, to the officers and men of the regular army under his command, 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 llth ot September; repelling, with 1,500 men, aided by a body of militia and volunteers from New York and Vermont, a British veteran army, greatly superior in number ; and that the President of 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.] EESOLUTION 10. Approved, February 27, 1815. Vol. 3, p. 249. Resolution* 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. That the thanks of Congress be, and they are hereby, given to Major- General Jackson, and, through him, to the officers and soldiers of the regular army, of the 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, conspi- cuously 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 8th 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, unex- ampled in military annals. Resolved, That the President of the United States be requested to cause to be struck a gold medal, with devices emblematical of this splendid achievement, and presented to Major-General Jackson, as a testimony of the high sense entertained by Congress of his judicious and distinguished conduct on that memorable occasion. FOURTEENTH CONGRESS, FIRST SESSION, CH. 55, 1816. 269 Resolved, That the President of the United States be requested to cause the foregoing resolutions to be communicated to Major-General Jackson, in such terms as he may deem best calculated to give effect to the objects thereof. [Approved, February 27, 1815.] CHAPTER 55. Approved, April 16, 1816. Yol. 3, p. 285. An Act making further provision for military services during the late war, and for other purposes. That when any officer or private soldier of the militia, including rangers, sea-fencibles, and volunteers, 1 or any non-commissioned officer, musician, or private, enlisted for either of the terms of one year or eighteen months, or any commissioned officer of the regular army, shall have died while in the service of 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 de- ceased 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 before the expiration of said five years, the half pay for the remainder of the time shall go to the child or children of the said decedent: Provided, always, That the secretary of war shall adopt such forms of evidence in applications under this act as the President of the United States may prescribe : Pro- vided, also, That the officers and private soldiers of the militia, as aforesaid, who have been disabled by wounds or otherwise, while in the service of the United States, in the discharge of their duty during the late war, shall be placed on the list of pensioners in the same manner as the officers and sol- diers of the regular army, under such forms of evidence as the President of the United States may prescribe : Provided, also, That the provisions of this act shall not extend to any person embraced in the provisions of an act entitled "An act to provide for the widows and orphans of militia slain, and for militia disabled, in the service of the United States/' passed the 2d day of August, 1813. 2 SEC. 2. That when any non-commissioned officer, musician, or private soldier, of the regular army of the United States, shall have been killed in battle, or have died of wounds or disease, while in the service of the United States, during the late war, and have left a child or children under sixteen years of age, it shall be lawful for the guardian of such child or children, within one year from the passing of this act, 3 to relinquish the bounty land to which such non-commissioned officer, musician, or private soldier, had he 1 This section (1) extended to forage-masters, SEC. 3. That the pay department shall consist of one paymaster- general of the army, with the annual salary of two thousand five hundred dollars? and that, in addition to regimental paymasters, there be appointed one paymaster to each battalion of the corps of artillery, who, as well 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 paymas- ter-general, under the direction of the secretary of war. Provided, That regimental and battalion paymasters may be taken either from the subalterns of the army, or citizens, and appointed by the Presi- dent of the United States. Provided, also, That regimental and battalion paymasters shall receive the pay and emoluments of major, 5 and shall be allowed a capable non-commissioned officer as 1 Quartermaster-general of division, repealed by the 14 April, 1818, chap. 61, sec. 1. 2 This office of apothecary-general is abolished by the 2 March, 1821, chap. 13, sec. 1. 3 Words in italics in sec. 2 repealed by chap. 61, sec. 1, 14 April, 1818. 4 Repealed in sec. 9, chap. 13, 2 March, 1821, post. 5 Of infantry. 10 Peters, 647, 653. Wetmore vs. United States. 18 274 FOURTEENTH CONGRESS, FIRST SESSION, CH. 69, 1816. clerk, 1 who, while so employed, shall receive double pay, and the actual expense of transportation while travelling under orders in the discharge of his duty. SEC. 4. 2 That it shall be the duty of the regimental and bat- talion paymasters to pay all the regular troops; and, to insure punctuality and responsibility, correct reports shall be made to the paymaster-general once in two months, showing the dispo- sition of the funds previously transmitted, with accurate esti- mates for the next payment of such regiment, garrison, or department as may have been assigned to each; and when- ever any paymaster shall fail to transmit such estimate, or neglect to render his vouchers to the paymaster-general for settlement of his accounts, more than six months after receiv- ing funds, he shall be recalled, and another 3 appointed in his place. SEC. 5. 4 That the purchasing department shall consist of one com- missary-general of purchases, as heretofore authorized, with the annual salary of three thousand dollars, and one deputy commis- sary to each division, with the annual salary of two thousand dollars, and six assistant commissaries of issues, with the annual salary of one thousand three hundred dollars, and as many military store- keepers* as the service may require, whose salaries shall be regulated by the secretary of war, according to the duty they may perform : Provided, That the pay and emoluments shall not exceed that of a captain of infantry. SEC. 6. That all officers of the pay, commissary, and quarter- master's department shall, previous to their entering on the duties of their respective offices, give good 6 and sufficient bonds to the United States, fully to account for all moneys and 7 public pro- perty which they may receive, in such sum as the secretary of 1 A paymaster's clerk now receives $700 a year and one ration a. day. 2 This sec. supplies the 8 May, 1792, chap. 37, sec. 3, and the 16 March, 1802, chap. 9, sec. 16. 3 This is merely directory, and forms no part of the contract of his sureties, and the omission does not discharge them. 11 Wheat. 184, United States vs. Vansant, 1 Peters, 317-325. 4 This office of commissary-general of purchases abolished, by the 23 August, 1842, chap. 186. 5 The military storekeepers are regulated by the 2 March, 1821, chap. 13, sec. 9, and the 23 Aug. 1842, chap. 186, sec. 2. c The 8 May, 1792, chap. 37, sec. 3, vol. 1, p. 280, says with two sureties, and in $20,000. 7 After his appointment he could act without giving bond. 1 Peters, 364. If the bond is broader than what is required by the statute, it may be valid as a FOURTEENTH CONGRESS, FIRST SESSION, CH. 69, 1816. 275 war shall direct. And all paymasters, commissaries, and store- keepers shall be subject to the rules and articles of war, in the same manner as commissioned officers : Provided, also, That all officers of the pay and commissary's departments be submitted to the senate for their confirmation, in the same manner as the officers of the army. SEC. 7. That the President of the United States be, and he hereby is, authorized to prescribe 1 the quantity and kind of clothing to be issued annually to the troops of the United States: Provided, That, whenever more than the authorized quantity is required, the value of the extra articles shall be deducted from the soldier's pay, and in like manner the soldier shall receive pay, according to the annual estimated value, for such authorized articles of uniform as shall not have been issued to him in each year. Provided, also, That the manner of issuing and accounting for clothing shall be established in the general regulations of the war department. SEC. 8. That in all cases where a soldier of the regular army shall have been discharged from the service of the United States and clothing shall be due to said soldier, it shall be the duty of the paymaster-general to cause the same to be paid for accord- ing to the price paid in the seventh section of this act. SEC. 9. That the several officers of the staff shall respectively receive the pay and emoluments and retain all the privileges secured to the staff of the army by the act 2 of March third, one thousand eight hundred and thirteen, and not incompatible with the provisions of this act; and that the regulations in force before the reduction of the army be recognized, as far as the same shall be found applicable to the service, subject, however, to such alterations as the secretary of war may adopt, with the approbation of the President. SEC. 10. That the officers of the staff, provisionally retained by the President, and in this act enumerated arid made perma- voluntary obligation even against the sureties. 10 Peters, 343, United States vs. Bradley, 5 id. 115, United States v*. Tingey. If it require the principal faithfully to discharge his duties as paymaster accord- ing to law and instructions, and regularly to account and pay over, Ac., it is valid, and in conformity with the act. 10 Peters, 343, United States vs. Bradley. 1 The clothing of the artillery and infantry was particularly prescribed, by the 16 March, 1802, chap. 9, sec. 8, and the 11 Jan. 1812, chap. 14, sec. 9, and for the light dragoons and light artillery, by the 17 March, 1812, chap. 42; but they seem to be Buperseded by this section. 2 Chap. 52, ante. 276 FOURTEENTH CONGRESS, FIRST SESSION, CH. 127, 1816. nent, be recognized in service under this act, and that the gar- rison surgeons and mates be hereafter considered as post sur- geons; and hereafter the staff of the army may be taken from the line of the army, or from citizens. SEC. 11. That the ordnance department be continued as at present organized under the act 1 of February eighth, one thou- sand eight hundred and fifteen, and that ordnance officers be assigned to their duties with the staff of the army, in the same manner as from the corps of engineers. SEC. 12. That, when forage is not drawn in kind by officers of the army entitled thereto, 2 eight dollars per month, for each horse, not exceeding the number authorized by existing regula- tions, 3 shall be allowed in lieu thereof: Provided, That neither forage nor money shall be drawn by officers but for horses actually kept by them in service: Provided, also, That none except company officers shall be allowed to take, as servants or waiters, soldiers of the army, and that all officers* be allowed, for each private servant actually kept in service, not exceeding the number authorized by existing regulations, 5 the pay, rations, and clothing of a private soldier, or money in lieu thereof, on a certificate setting forth the name and description of the servant or servants, in the pay account: Provided, also, That one addi- tional ration be allowed to all subaltern officers of the army. [Approved, April 24, 1816.] March 2, 1821, chap. 13. CHAPTER 127. Approved, April 27, 1816. Vol. 3, p. 217. An Act to provide for cases of lost military land warrants and discharges for faithful services. 1. Soldiers of the regular army having obtained warrants and lost them, &c., upon satisfactory proof of the fact to the secretary of war, are entitled to patents. 1 Chap. 38, hut see sec. 3, chap. 42, 3 Aug. 1861, and sec. 9, chap. 133, 5 July, 1862. 2 A similar provision for forage was made by the 22 July, 1813, chap. 17. 3 The 16 March, 1802, chap. 9, sec. 7, ante, the 12 April, 1808, chap. 43, sec. 4, ante, the 6 July, 1812, chap. 133, sec. 5, ante. For the number of horses allowed, see the 3 March, 1845, chap. 65; and chap. 200, 17 July, 1862. 4 For such officers, see the 16 March, 1802, chap. 9, sec. 7, ante. 5 The waiters are enumerated, regulated, and paid, by the 30 March, 1814, chap. 37, sec. 9 and 10, ante; and see for sec. 12, chap. 200, 17 July, 1862. FOURTEENTH CONGRESS, FIRST SESSION, CH. 135, 1816. 277 2. When it appears to the satisfaction of the secretary of war that certificates of faithful services, in cases of discharge from military service, have been omit- ted by neglect, misconstruction, or casualty, the omission is not to prevent the issuing of warrants and patents. Upon proof of the loss of a discharge and certificate, the secretary of war is to furnish papers, 29 . 2 g ec . 15 . 25TH CONGRESS, SD SESSION, CH. 85 & 89, 1839. 353 burseraent of public money, or the performance of any other service, unless the said extra allowance or compensation be authorized by law; nor shall any executive officer, other than the heads of departments, apply more than thirty dollars, annu- ally, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office. 1 [Approved, March 3, 1839.] CHAPTER 85. Approved, March 3, 1839. Yol. 5, p. 352. An Act to amend an Act entitled " An Act regulating the pay and emoluments of brevet officers," passed April 16, 1818. That, from and after the passing of this act, the act entitled 2 "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. CHAPTER 89. Approved, March 3, 1839. Vol. 5, p. 355. 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. 3 That the President of the United States be, and he hereby is, authorized to resist any attempt on the part of Great Britain to enforce, by arms, her claim to exclusive jurisdiction over that part of the state of Maine which is in dispute between the United States and Great Britain ; and for that pur- pose to employ the naval and military forces of the United States, and such portions of the militia as he may deem it advisable to call into service. SEC. 2. That the militia when called into the service of the United States by virtue of this act or of the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, repel invasions, and to repeal the act now in force for these purposes,"* may, if, in the opinion of the President of the United States, the public in- terest require it, be compelled to serve for a term not exceeding six months 1 This proviso destroys all chums of officers for extra compensation, is general in its terms, and leaves no discretion to any officer or tribunal to allow extra pay. Col- lectors have no right to compensation for paying drafts drawn by the treasury de- partment. 10 Howard, 109. 141, and see 23 August, 1842, chap. 183; see, for same, sec. 2, chap. 183, 23 August, 1842, post. 2 Chap. 64. 3 Expired by operation of 9th section, but it is d-mbtful if sec. 8 is thereby repealed 4 Chap. 36, 28 February, 1795. 23 354 TWENTY-FIFTH CONGRESS, 3D SESSION, Gil. 89, 1839. after the arrival at the place of rendezvous, in any one year, unless sooner discharged. SEC. 3. That in the event of actual invasion of the territory of the United States by any foreign power, or if imminent danger of such invasion dis- covered, in his opinion, to exist before Congress can be convened to act upon the subject, the President be, and he is hereby, authorized, if he deem the same expedient, to accept the services of any number of volunteers not exceeding fifty thousand, in the manner provided for by an act entitled "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," approved May 23d, 1836. SEC. 4. That in the event of either of the contingencies provided for in this act, the President of the United States shall be authorized to complete the public armed vessels now authorized by law, and to equip, man, and employ, in actual service, all the naval force of the United States, and to build, purchase, or charter, arm. equip, and man, such vessels arid steam- boats 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. That the sum of $10,000,000 is hereby appropriated, and placed at his disposal, for the purpose of executing the- provisions of this act ; to provide for which the secretary of the treasury is authorized to borrow money on the credit of the United States, and to cause to be issued certifi- cates of stocks, signed by the register of the treasury, for the sum to be borrowed, or any part thereof; and the same to be sold upon the best terms that may be offered, after public notice for proposals for the same: Provided, That no engagement or contract shall be entered into which shalf preclude the United States from reimbursing any sum or sums thus borrowed after the expiration of five years from the 1st of January next; and that the rate of interest shall not exceed five per cent, payable semi-annually. SEC. 6. That the sum of $18,000 be, and the same is hereby, appropriated out of any money in the treasury, not otherwise appropriated, for outfit and salary of a special minister to Great Britain : Provided, The President of the United States shall deem it expedient to appoint the same. SEC. 7. That in the event of cither of the contingencies provided for in the first and third sections of this act, the President of the United States shall be authorized to apply a part, not exceeding $1,000,000, of the appro- priation made in this act to repairing or arming fortifications along the sea- board and frontier. SEC. 8. That whenever 1 militia or volunteers are called into the service of the United States, they shall have the organization of the army of the United States, and shall receive the same pay and allowances. SEC. 9. That the several provisions of this act shall be in force until the end of sixty days after the meeting of the first session of the next Congress, and no longer. [Approved, March 3, 1839.] 1 By the word "whenever" in this section, it would appear that it is not to be repealed by the following section (9). 26iH CONGRESS, IST SESSION, CH. 39 & 50, 1840. 355 CHAPTER 39. Approved, June 19, 1840. Yol. 5, p. 385. An Act making provision for the payment of pensions to the executors or administrators of deceased pensioners in certain cases. 1. In case of a pensioner leaving children, but no widow. 2. In case of a pensioner who is a widow leaving children. 3. In case of any pensioner, whether male or female, leaving children, the amount of pension, and privates, whether of the regular army or 2 of volunteers, who have received an honorable discharge, or 3 who remained to the date of their death in the military service of the United States, and who have died, since their return to their usual place of re- sidence, of wounds received or from disease contracted while in line of duty, subject to such rules, regulations, and restrictions as the secretary of war, by the third section of said act, is authorized to impose. CHAPTER 79. Approved, March 2, 1849. Vol. 9, p. 349. An Act to allow subsistence to certain Arkansas and other volunteers, who have been prisoners of war in Mexico.* That the proper accounting officers of the army of the United States be, and they are hereby, required to pay, in money, to each volunteer of the Arkansas regiment, and to each volunteer of any other corps that has been in the military service of the United States, who has been a prisoner of war in Mexico, the sum of forty cents a day, in lieu of subsistence, during the whole time of his imprisonment. SEC. 2. That the benefits provided by the first section of this act extend to the legal representatives of said volunteers. SEC. 3. That the same evidence as is now required to establish the fact of ordinary service shall be sufficient to establish the fact of imprisonment, and to authorize and require said accounting officers to make the payments provided by the first section of this act, upon application of said volunteer, his authorized agent, or legal representative. 1 Chapter 108. 2 Or the militia of the war of 1812, or the Indian wars since 1790. See 3 Feb. 1853, chap. 41. 3 Extended to the widows of those who died in the service in Mexico, or going or returning, Ac., 28 Sept. 1850, or who were in the army 1 March, 1846, or since. 4 It is supposed that all these claims have been paid. 26 402 THIRTIETH CONGRESS, 2i> SESSION, CH. 80 & 83, 1849. CHAPTER 80. Approved, March 2, 1849. Vol. 9, p. 350. An Act concerning the pay department of the army. That the pay department of the army shall consist of a pay- master-general, who shall have the rank of colonel, and the same pay and allowances as are at present provided by law, 1 and the same tenure of office as the heads of other disbursing depart- ments of the army; two deputy paymasters-general, with the same rank, pay, and allowances 2 as are now provided by law for such officers, and the same tenure of office as officers of like grade in other disbursing departments of the army; and twenty- five paymasters, with the same rank, pay, and allowances 3 as are now provided by law for such officers, and the same tenure of office as officers of like grade in other disbursing departments of the army. That it shall be the duty of all disbursing officers of the pay department to renew their bonds, or furnish addi- tional security, at least once in four years, or as much oftener as the President may direct. That the officers of the pay de- partment, provided for by the first section of this act, shall con- sist of the paymaster-general, the two deputy paymasters- general now in commission, the fifteen paymasters who were in service under the acts in force at the commencement of the war with Mexico, and ten paymasters to be selected from the addi- tional paymasters now in service, and the thirteen paymasters authorized by the acts of the seventeenth of June, eighteen hundred and forty-six, 4 and the third of March, eighteen hun- dred and forty-seven. 5 CHAPTER 3. Approved, March 2, 1849. Vol. 9, p. 351. An Act to provide for an increase of the medical staff, and for an additional number of chaplains of the army of the United States. 3. Appointment of ten additional chaplains authorized. 4. Judge-advocate of the army ; appointment of, authorized. That so much of section third of an act entitled "An act 6 to amend an 1 Salary $2500 by act 24 April, 1816, chap. 69, $2740 by 21 Feb. 1857, chap. 55. 2 As lieutenant-colonel of cavalry. 3 Major of cavalry. 4 Chap. 28. 5 Chap. 61. 6 Chap. 104. THIRTIETH CONGRESS, 2D SESSION, CH. 101, 1849. 403 act entitled An act 1 supplemental to an act entitled An act 2 providing for the prosecution of the existing war between the United States and the Re- public of Mexico, and for other purposes," approved July 19, 1848, as pre- vents the filling of vacancies in the medical department of the army until further authorized by law, be, and the same is hereby, repealed. SEC. 2. That the medical staff of the army be increased by the addition of ten assistant surgeons, 3 to be appointed as provided by existing laws, and the regulations made under them. SEC. 3. That the provisions of the act of eighteen hundred- and thirty-eight* be, and hereby are, extended so as to authorize the employment of ten additional chaplains for military posts of the United States. SEC. 4. That the President be, and he is hereby, authorized, by and with the advice and consent of the senate, to appoint a suitable person as judge-advocate for 5 the army, to be taken from I the captains in the army, who shall have the brevet rank, pay, and emoluments of a major of cavalry/ and that so much <>f the proviso to the third section of the act? approved July nineteenth, eigh- teen hundred and forty-eight, as relates to officers of the adjutant- . general's department, be, and the same is hereby, repealed. [Approved, March 2, 1849.] CHAPTER 101. By Sec. 2, March 3, 1849. Vol. 9, p. 370. The military storekeeper at Watertown arsenal, Massachusetts, be al- lowed, from the 1st day of October, 1842, the the same compensation as is authorized by the Act 7 of the 23d August, 1842, to be paid to the store- keepers at the Washington, Pittsburg, and Watervliet arsenals ; and that there be paid to military storekeeper T. A. Webber $20 per month, for and during the time he has performed the duties of commissary and assistant commissary of subsistence at said arsenal. SEC. 3. And every non-commissioned officer, musician, or private, in the company of sappers and miners, and pontoniers, raised by the act 8 of May 9th, 1848, who served in said company in the war with Mexico, shall, on application, be entitled to receive an honorable discharge from the service of the United States, and stand as if they had served out their respective terms. i Chap. 29, 18 June, 1846. 2 Chap. 16, 13 May, 1846. 3 See for further increase sec. 2, chap. 125, 16 Aug. 1856, and chap. 55. 16 April. 1862, and chap. 127, 2 July, 1862. 4 7 July, 1838, chap. 194. 5 In cases of general court-martial, the President may appoint : 16 March, 1802, chap. 9, sec. 21 j and see act 3 March, 1797, chap. 16, vol. 1, p. 508. For judge advocate-general and judges-advocate, see chap. 201, sees. 6 and 7, 17 July, 1862. 6 Chap. 104. 7 Chap. 186. 8 chap. 21. 404 THIRTIETH CONGRESS, 2D SESSION, CH. 126 & 129, 1849. CHAPTER 126. Approved, March 3, 1849. Yol. 9, p. 412. An Act to provide for the settlement of the accounts of public officers and others who may have received moneys arising from military contributions, or otherwise, in Mexico. 1 SEC. 2. That where an officer has had the supervision of the collection of the military contributions at any of the ports in Mexico, and has, at the same time, exercised civil functions, under the temporary government there established, or where and officer or other person shall have performed the duties of collectors at such ports, such officer or person shall be allowed a compensation which shall be assimilated in amount, as nearly as may be, including the regular pay and emoluments of such officer, to that allowed by existing laws to officers of the customs in the United States where the services are similar in amount and importance; such allowance, in all cases, to be determined by the President of the United States. And all officers of the army and other persons in public employment, who have received payment for their services in collecting, keeping, or accounting for said moneys, and for other necessary services, are authorized to retain so much of the amounts so received as, in the opinion of the President of the United States, may be a fair compensation for said services. CHAPTER 129. Approved, March 3, 1849. Vol. 9, p 414. An Act* to provide for the payment of horses and other property lost or destroyed in the military service of the United States. 1. Payment for horses and other property lost or destroyed in the military service of the United States provided for. Proviso. Proviso. 2. Payment provided for horses, mules, oxen, wagons, carts, gineers, corps of topographical engineers, or ordnance corps, ' shall have served fourteen years' continuous service as lieuten- I ant, he shall be promoted to the rank of captain : Provided, That the whole number of officers in either of said corps shall not be I increased beyond the number now fixed by law : And provided, t further, That no officer shall be promoted before those who rank \ him in his corps. SEC. 10. That the secretary of war be, and he is hereby, authorized, under the direction of the President of the United States, to employ such portion of the corps of topographical engineers, and such other persons as he may deem necessary, to make such explorations and surveys as he may deem advisable, to ascertain the most practicable and economical route for a rail- road from the Mississippi River to the Pacific Ocean, and that the sum of $150,000, or so much thereof as may be necessary, be, and the same is hereby, appropriated out of any money in the treasury not otherwise ap- propriated, to defray the expense of such explorations and surveys. 4 SEC. 11. That the engineers and other persons employed in said explora- tions and surveys shall be organized in as many distinct corps as there are routes to be surveyed, and their several reports shall be laid before Con- gress on or before the first Monday in February, 1854. [SEC. 14. $10,000 appropriated for purchase of a site for the Western Military Asylum.] [Approved, March 3, 1853.] i Chap. 110. 2 Chap. 78. 3 Same also extended to troops composing the garrison at same fort during same period, by chap. 169, 1855, sec. 5; and also to escort of Mexican boundary com- mission while so engaged. 4 The reports of these several surveys have been published by Congress in twelve or more volumes quarto, and are highly and deservedly valued. 32D & 33o CONG., 2 & 1 SESS., CH. 104, 54, 60, 1853, '54. 431 CHAPTER 104. Approved, March 3, 1853. Yol. 10, p. 227. An Act making appropriations for the current and contingent expenses of the Indian department, &c. for the year ending June thirtieth, eighteen hundred and fifty-four. SEC. 4. That if any officer who is or may hereafter be charged with the payment of any of the appropriations made by this or any other act of Congress, shall pay to any clerk or other em- ployee of the United States a sum less than that provided by law, and require such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, such officer thus acting shall be deemed guilty of embez- zlement, shall be fined in a sum double the amount so withheld from any employee of government, and shall be imprisoned for the term of two years, and may be prosecuted and punished in any court of the United States having jurisdiction for the trial of such offences in the district where such offence shall be com- mitted. By chapter 54, May 10, 1854, vol. 10, p. 276, the compensation of master of the sword (at the Military Academy, West Point) was made twelve hundred dollars per annum. 1 By chapter 60, May 31, 1854, vol. 10, p. 294, $5996.61 appropriated for the compensation and expenses of civilians and military men appointed under the provisions of the first section of the act of 3 March, 1853, chap. 98, to determine matters connected with the management of the national armories. Provided, That in the payment of such officers of the army as may have served on that commission, their pay as such officers shall be deducted. 1 $800 before; and made $1500 by act 16 February, 1857, chap. 45. The professors at West Point now receive $2240 per annum, and the assistant \ professors and instructor of cavalry and artillery tactics receive the pay, Ac. of cap- I tains of cavalry ; the teacher of music, $60 per month, and cadets, $30 per month. 432 THIRTY-THIRD CONGRESS, IST SESSION, CH. 247, 1854. CHAPTER 247. Approved, August 4, 1854. Yol. 10, p. 575. An Act to increase the pay of the rank and file of \the~\ army, and to encourage enlist- ments. 2. Bounty for re-enlistments. 3. Bounty for meritorious soldiers, in the Mexican war, who re-enlist. 4. Non-commissioned officers recommended for promotion under act of 1847, chap. 61, sec. 17. Bounty to. 5. Promotion of non-commis- sioned officers. 6. Allowance for fatigue duty. That the pay of the non-commissioned officers, musicians, and privates 1 of the army of the United States shall be increased at the rate of $4 per month, and to continue for the term of three years from and after the 1st day of January next, and until otherwise fixed by law. 2. That every soldier who, having been honorably dis- charged from the service of the United States, shall, within one month thereafter, re-enlist, shall be entitled to two dollars per month, in addition to the ordinary pay of his grade, for the first period of five years after the expiration of bis previous enlist- ment, and a further sum of one dollar per month for each suc- cessive period of five years, so long as he shall remain continu- ously in the army; and that soldiers now in the army, who have served one or more enlistments, and been honorably discharged, shall be entitled to the benefits herein provided for a second enlistment. SEC. 3. That soldiers who served in the war with Mexico, and received a certificate of merit for distinguished services, as well those now in the army as those that may hereafter enlist, shall receive the two dollars per month to which that certificate would have entitled them had they remained continuously in the service. SEC. 4. That non-commissioned officers who, under the author- ity of the seventeenth section of the act 2 approved March third, eighteen hundred and forty-seven, were recommended for pro- motion by brevet to the lowest grade of commissioned officer, but did not receive the benefit of that provision, shall be entitled, under the condition recited in the foregoing section, to the addi- tional pay authorized to be given to such privates as received certificates of merit. 1 This was made to embrace ordnance men, by 3 March, 1857, chap. 106, sec. 8 ; and the pay -of privates was made $13 a month by chap. 63, sec. 1, 6 August, 1861. 2 Chap. 61, sec. 17. THIRTY-THIRD CONGRESS, IST SESSION, CH. 248, 1854. 433 SEC. 5. That the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the senate, to confer the brevet of second lieutenant upon such meritorious non-commissioned officers as may, under regulations to be established, be brought before an army board, composed of four officers of rank, specially convened for the purpose, and be found qualified for the duties of commissioned officers, and to attach them to regiments, as supernumerary officers, according to the provisions of the fourth section of the act approved April twenty-ninth, eighteen hundred and twelve, entitled "An act 1 making further provision for the corps of engineers." SEC. 6. That the allowance to soldiers employed at work on fortifications, in surveys, in cutting roads, and other constant labor, of not less than ten days, authorized by the act approved March second, eighteen hundred and nineteen, 2 entitled "An act to regulate the pay of the army when employed on fatigue duty," be increased to twenty -five cents per day for men em- ployed as laborers and teamsters, and forty cents per day when employed as mechanics, 3 at all stations east of the Rocky Moun- tains, and to thirty-five cents and fifty cents per day, respect- ively, when the men are employed at stations west of those mountains. [Approved, August 4, 1854.] CHAPTER 248. Approved, August 4, 1854. Yol. 10, p. 576. An Act to repeal the first proviso of the fourth section of the Act entitled "An Act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States," approved September twenty-eighth, one thou- sand eight hundred and fifty."* That the first proviso of the fourth section of the act entitled "An act granting bounty laud to certain officers and soldiers who have been engaged in the military service of the United States/' approved September 28, 1850, be, and the same is hereby, repealed. 5 1 Chap. 72. * Chap. 45 ; and see sec. 4, chap. 22, 19 May, 1846. 3 These provisions extended to soldiers acting as cooks, . : ip. y:. sec. :. i May. ts-:o. hap. 200. 17 .lulv, 1862, and Resolution 53, 12 July, 1862, for contract*. > Chap. li>. 454 THIRTY-FIFTH CONGRESS, FIRST SESSION, CH. 85, 1858. proved March twenty-two, eighteen hundred and fifty, to make land warrants assignable, and for other purposes, shall be HO extended as to embrace land warrants issued under the act of the third of March, eighteen hundred and fifty-five. [Approved, June 3, 1858.] CHAPTER 85. Approved, June 3, 1858. Vol. 11, p. 309. An Act to extend an Act entitled " An Act 1 to continue half pay to certain widows and orphans," approved February three, eighteen hundred and fifty-three. That all those surviving widows and minor children who have /been, or may be, granted and allowed five years' half pay under the provisions of any law or laws of the United States, be, and they are hereby, granted a continuance of such half pay, under the following terms and limitations : viz., to such widows during life, and to such child or children, where there is no widow, whilst under the age of sixteen years, to commence from the expiration of the half pay provided for by the first section of the act entitled "An act to continue half pay to certain widows and orphans/' approved February three, eighteen hundred and fifty-three : Provided, however, That in case of the marriage or death of any such widow, the half pay shall go to the child or children of the deceased officer or soldier whilst under the age of sixteen years; and, in like manner, the child or children of such deceased officer or soldier, when there is no widow, shall be paid no longer than while there are children or a child under the. age aforesaid: And provided, further, That the half pay of such widows and orphans shall be half the monthly pay of the officers, non-commissioned officers, musicians, and privates of the infantry of the regular army of the United States, and no more, and that no greater sum shall be allowed to any such widow or minor children than the half pay of a lieutenant-colo- nel: And provided, also, That this act shall not be construed to apply to or embrace the case of any person or persons now re- ceiving a pension for life : And further, That wherever half pay shall have been granted by any special act of Congress, and is renewed or continued under the provisions of this act, the same shall commence from the date hereof. 1 Chap. 41. THIRTY-FIFTH CONGRESS, IST SESSION, CH. 156, 1858. 455 SEC. 2. That the provisions renewed and continued by this act shall be payable out of any money in the treasury not other- wise appropriated. [Approved, June 3, 1858.] CHAPTER 156. Approved, June 12, 1858. Vol. 11, p. 332. An Act making appropriations for the support of the army for the year ending thirtieth June, eighteen hundred and fifty-nine. * * That the superintendent of the Military Academy, while serving as such by appointment of the President, shall have the local rank, the pay and allowances of a colonel of engineers; 1 that the commandant of the corps of cadets at the Military Academy, while serving as such by appointment of the President, shall have the local rank, the pay and allowances of a lieutenant-colonel of engineers, 2 and, besides his other duties, shall be charged with the duty of instructor in the tactics of the three arms at said academy; and the senior as- sistant instructor in each of the arms of service, viz., of artil- lery, cavalry, and infantry, shall severally receive the pay and allowances of the assistant professor of mathematics. 3 SEC. 3. That it shall be lawful for any commissioned officer of the army 4 to administer the prescribed oath of enlistment to recruits: Provided, The services of a civil magistrate authorized to administer the same cannot be obtained. SEC. 5. That the eleventh section of the act of 3 March, 1847, entitled "An act 5 making provision for an additional number of general officers, and for other purposes," which deprives sutlers in the army of their right to appear at the pay-table to receive the soldiers' pay from the paymaster, be, and the same is hereby, repealed. 6 SEC. 6. That all the existing laws, or parts of laws, which authorize the sale of military sites which are or may become useless for military purposes, be, and the same are hereby, re- pealed ; 7 and said lands shall not be subject to sale or pre-emp- 1 $235 per month. ? $211 per month. 3 $137.50 per month. 4 See rules of war, art. 10; and sec. 11 of chap. 42, 3 Aug. 1861, allows any com- missioned officer of the army to administer the oath. 5 Chap. 61. 6 This section repealed, and section by it repealed reinstated, by sec. 3, chap. 4, 24 Dec. 1861; and see chap. 47, 19 March, 1862. 7 This repeals sec. 4, chap. 106, 3 March, 1857, which revived chap. 88, 3 March, 1819. 456 THIRTY-FIFTH CONGRESS, 2D SESSION, CH. 83, 1859. tion under any of the laws of the United States: Provided, further, That the provisions of the act of August eighteen, eighteen hundred and fifty-six, relative to certain reservations in the State of Florida, shall continue in force. [Approved, June 12, 1858.] CHAPTER 83. Approved, March 3, 1859. Vol. 11, p. 431. An Act making appropriations for the support of the army for the year ending thirtieth June, eighteen hundred and sixty. 4. Commissioners of the military asylum ; two a quorum. Duties. 5. Invalid sol- diers of war of 1812, kqtt consist of two companies, each company to be composed of one capfcwq. one first and one second lieutenant ', one first sergeant, one quartermastez^sergeant, four sergeants, eight corporals, two musicians, two farriers, one\saddler, one wagoner, and as many privates, not exceeding seventy-tm^asthe President of the United States may, according to the requirem&itt^of the military service, direct. The regiment of artillery hereby authorized shall con- sist of not more than twelve batteries; and each battery shall consist of one captain, one first and one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, eight /"i~The regular army will now consist of 30 regiments, viz. : 19 of infantry, 6 of ^cavalry, and 5 of artillery. 2 For cavalry organization, see see. 11. chap. 201, 17 July, 1862. 474 THIRTY-SEVENTH CONGRESS, IST SESS., CH. 24, 1861 corporals, two musicians, two artificers, one wagoner, and as ny privates, not exceeding one hundred and twenty-two, as [the President of the United States may, according to the require, ents of the military service, direct. And there may be added o the aforesaid battery organization,* at the discretion of the 'resident, having due regard to the public necessities and means, >ne first and one second lieutenant, two sergeants, and four orporals. SEC. 2. That the field and staff commissioned and non-com- missioned officers of the regiments hereinbefore authorized shall be as follows: To each regiment of infantry, one colonel, one lieutenant-colonel, one regimental adjutant, one regimental quartermaster and commissary, one drum-major or leader of the band, and two principal musicians; and to each battalion of infantry, one major, one battalion adjutant, one battalion quar- termaster and commissary, one sergeant-major, one quarter- master-sergeant, one commissary-sergeant, and one hospital steward; the regimental and battalion adjutants, and quarter- masters and commissaries, to be taken from the lieutenants of the regiments and battalions, respectively: To the regiment of cavalry, ^onttojonel, one lieutenant-colonel, one regimental adjutant, one regimental qulirtermaster and commissary, and two chief buglers ; and to each battalion of^walry, one major, one battalion adjutant, one battalion quartermaster^qnd commissary, one sergeant-major, one quartermaster-sergeant, one^n/niissary '-sergeant, one hospital steward, one saddler sergeant, and oiw veterinary sergeant; the regimental adjutant and the regimental anfrtyttalion quartermasters and commissaries to be taken from the lieutenattte^)f the regiments and battalions, respectively. To the regiment of artillery, one colonel, one lieutenant-colonel, one major to every four batteries, one adjutant, one regimental quartermaster and commissary, to be taken from the lieutenants of the regiment, one sergeant- major, one quartermaster-sergeant, one commissary-sergeant, two principal musicians, and one hospital steward; and the bands of the regular regiments shall consist of not more than twenty-four musicians for each regiment of infantry and artil- lery, and sixteen musicians for each regiment of mounted troops. SEC. 3. That there shall be added to the army of the United 1 For cavalry organization, see sec. 11, chap. 201, 17 July, 1862. THIRTY-SEVENTH CONGRESS, IST SESS., CH. 24, 1861. 475 States the following general officers, namely: Four major-gene- rals, 1 with three aids-de-camp each, to be taken from captains or lieutenants of the army, and six brigadier-generals, 2 with two aids-de-camp each, to be taken from the lieutenants of the army. SEC. 4. That the officers and enlisted men raised in pursuance of the foregoing sections shall receive the same pay, emoluments, and allowances, and be on the same footing, in every respect, with those of corresponding grades and corps now in the regular service. The regimental bands will be paid as follows : one- fourth of each, the pay and allowances of sergeants of engineer soldiers; one-fourth, those of corporals of engineer soldiers; and one-half, those of engineer soldiers of the first class. The drum- major, or leader of the band, the pay and emoluments of a second lieutenant of infantry. The saddler sergeants, veterinary ser- geants, company quartermaster-sergeants, and drum-majors, will receive the pay and allowances of sergeants of cavalry. The battalion adjutant and battalion quartermasters and com- missaries will receive the emoluments now provided by law for regimental adjutants. SEC. 5. That the term of enlistments made and to be made in the years eighteen hundred and sixty-one and eighteen hundred and sixty-two, in the regular army, including the force author- ized by this act, shall be for the period of three years, and those to be made after January one, eighteen hundred and sixty -three, shall be for the term of five years, as at present authorized, and that the men enlisted in the regular forces, after the first day of July, eighteen hundred and sixty-one, shall be entitled to the same bounties, in every respect, as those allowed or to be allowed to the men of the volunteer forces. 3 SEC. 6. That the increase of the military establishment created or authorized by this act is declared to be for service during the existing insurrection and rebellion ; and within one year after the constitutional authority of the government of the United States shall be re-established, and organized resistance to such authority shall no longer exist, the military establish- 1 One before. 2 Three before. 3 $100 at end of enlistment; and see sec. 6, chap. 9, 25 July, 1861; and see chap. 201, sec. 3, 17 July, 1862. 476 THIRTY-SEVENTH CONGRESS, IST SESS., CH. 25, 1861. ment may 1 be reduced to a number not exceeding twenty-five thousand men, unless otherwise ordered by Congress. SEC. 7. That the President of the United States shall cause regiments, battalions, and companies to be disbanded, and officers, non-commissioned officers, musicians, and privates to be discharged, so as to reduce the military establishment as is pro- vided by the preceding section: Provided, That all of the officers of the regular army who have been or may be detached or assigned to duty for service in any other regiment or corps shall resume their positions in the regular army, and shall be entitled to the same rank, promotion, and emoluments as if they had continued to serve in their own regiments or corps. SEC. 8. That the enlistments for the regiments authorized by this act shall be in charge of the officers detailed for that pur- pose who are appointed to said regiments from civil life; and that in the mean time the officers appointed to the same from the regular army shall be detailed by the commanding general to such service in the volunteer regiments now in the field, as will, in his judgment, give them the greatest military instruc- tion and efficiency; and that the commanding general may, in his discretion, employ said officers with any part of the regu- lar forces now in the field, until the regiments authorized by this act shall have been fully recruited, and detail any of the officers now in the regular army to service with the volunteer regiments now in the field, or which may hereafter be called out, with such rank as may be offered them in said volunteer regiments, for the purpose of imparting to them military instruc- tion and efficiency. [Approved, July 29, 1861.] CHAPTER 25. Approved, July 29, 1861. Vol. 2, p. 281. An Act to provide for the suppression of rebellion against, and resistance to, the laws of the United States, and to amend the Act entitled "An Act to provide for calling forth the militia to execute the laws of the Union," &c., passed February twenty-eight, seventeen hundred and ninety -five? 1 President may call forth the militia and use the land and naval forces. 2. He is to command, by proclamation, the insurgents to disperse. 3. Militia to be sub- 1 This was intended to be obligatory. 2 Chap. 36. THIRTY-SEVENTH CONGRESS, IST SESS., CH. 25, 1861. 477 ject to rules of war, and to serve till discharged by proclamation : Provided. Their pay. 4. Penalty for disobedience of President's orders. 5. How court- martial to be composed, 6. How fines to be collected and paid. 7. Marshals in their districts to have the authority of sheriffs. That whenever, by reason of unlawful obstructions, combina- tions or assemblages of persons, or rebellion against the author- ity of the government of the United States, it shall become impracticable, in the judgment of the President of the United States, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any state or territory of the United States, it shall be lawful for the President of the United States to call forth the militia of any or all the states of the Union, and to employ such parts of the land and naval 1 forces of the United States as he may deem necessary to en- force the faithful execution of the laws of the United States, or to suppress such rebellion in whatever state or territory thereof the laws of the United States may be forcibly opposed or the execution thereof forcibly obstructed. SEC. 2. That whenever, in the judgment of the President, it may be necessary to use the military force hereby directed to be employed and called forth by him, the President shall forth- with, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a limited time. SEC. 3. That the militia so called into the service of the United States shall be subject to the same rules and articles of war as the troops of the United States, and be continued in the service of the United States until discharged by proclamation of the Pre- sident : Provided, That such continuance in 'service shall not extend beyond sixty days after the commencement of the next regular session of Congress, unless Congress shall expressly pro- vide by law therefor : And, provided, further, That the militia so called into the service of the United States shall, during their time of service, be entitled to the same pay, rations, and allow- ances for clothing as are or may be established by law for the army of the United States. SEC. 4. 2 That every officer, non-commissioned officer, or pri- vate of the militia, who shall fail to obey the orders of the 1 See chap. 39, 3 March, 1807. See chap. 201, July, 1862. 2 Sec. 4, 5, and 7 of this act are the same as sec. 5, 6, and 9 of chap. 36, 28 Feb. 1795. 478 THIRTY-SEVENTH CONGRESS, IST SESS., CH. 28, 1861. President of the United States in any of the cases before re- cited, shall forfeit a sum not exceeding one year's pay and not less than one month's pay, to be determined and adjudged by a court-martial; and such officer shall be liable to be cashiered by a sentence of court-martial, and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the court; and such non-commis- sioned officer and private shall be liable to imprisonment by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every twenty -five dollars of such fine. SEC. 5. That courts-martial for the trial of militia shall le composed of militia officers only. SEC. 6. That all fines to be assessed as aforesaid shall be cer- tified by the presiding officer of the court-martial, and shall be collected and paid over according to the provisions and in the manner* prescribed by the seventh and eighth sections of the act of February twent3 7 -eight, seventeen hundred and ninety-five, 1 to which this is an amendment. SEC. 7. That the marshals of the several districts of the United States, and their deputies, shall have the same powers in executing the laws of the United States as sheriffs and their deputies in the several states have, by law, in executing the laws of the respective states. SEC. 8. That sections 2, 3, and 4 of the act entitled " An act to provide for calling forth the militia to execute the laws of the Union, suppress insur- rections, and repel invasions, and to repeal the act now in force for those purposes," 2 approved February 28, 1795, and so much of residue of said act and of all other acts as conflict with this act, are hereby repealed. [Approved, July 29, 1861.] CHAPTER 28. Approved, July 31, 1861. Vol. 12, p. 283. An Act making an appropriation to pay the expenses of transporting and delivering arms and munitions of war to the loyal citizens of the states of which the inhabitants now are or hereafter may be in rebellion against the government of the United States, and to provide for the expense of organizing them into companies, battalions, regi- ments, or otherwise, for their own protection against domestic violence, insurrection, invasion, or rebellion. That the sum of two millions of dollars be, and the same is i Chap. 36. 2 Chap . 36 . THIRTY-SEVENTH CONGRESS, IST SESS., CH. 34, 1861. 479 hereby, appropriated out of any money in the treasury not otherwise appropriated, to be expended, under the direction of the President of the United States, in supplying and defraying the expenses of transporting and delivering such arms and mu- nitions of war as in his judgment may be expedient and proper to place in the hands of any of the loyal citizens residing in any of the states of which the inhabitants are in rebellion against the government of the United States, or in which rebel- lion is or may be threatened; and likewise for defraying such expenses as may be properly incurred in organizing and sustain- ing, while so organized, any of said citizens into companies, battalions, regiments, or otherwise, for their own protection against domestic violence, insurrection, invasion, or rebellion. [Approved, July 31, 1861.] CHAPTER 34. Approved, July 31, 1861. Yol. 12, p. 284. An Act authorizing the secretary of war to reimburse volunteers for expenses incurred in employing regimental and other bands, and for other purposes. That the secretary of war be, and he is hereby, authorized and directed to refund, out of any money in the treasury not otherwise appropriated, to the volunteers called out by the President's proclamation of the fifteenth April, one thousand eight hundred and sixty^one, such sums of money as may have been expended by the said volunteers , in the employment of regimental or company bands during the period of their service under said proclamation : Provided, The amount to be allowed shall not exceed that to be paid to volunteer bands regularly mustered into the service under the President's proclamation of May third, one thousand eight hundred and sixty-one. SEC. 2. That the President, in accepting and organizing volun- teers under the act entitled "An act to authorize the employ- ment of volunteers to aid in enforcing the laws and protecting public property/' approved July twenty-two, eighteen hundred and sixty-one, 1 may accept the service of such volunteers with- out previous proclamation, and in such numbers from any state or states, as, in his discretion, the public service may require. 1 Chap. 9. 480 THIRTY-SEVENTH CONGRESS, IST SESS., CH. 42, 1861. CHAPTER 42. Approved, August 3, 1861. Yol. 12, p. 287. An Act providing for the better organization of the military establishment. 1. Assistant Secretary of War. Salary. Duties. 2. Assistant inspector-generals. Surgeons and assistant surgeons. Organization of the adjutant-general's office. Increase of the subsistence department. 3. Increase of engineer and to- pographical engineer department; of the quartermaster's department. Promotion to major in. Master-wagoners and wagoners to be employed. Increase of ord- nance department, how selected and transferred. 4. Engineer soldiers, three companies of, authorized. Pay, organization, &c. 5. Medical cadets added to medical staff. Rank, pay, qualifications, Ac. 6. Female nurses authorized ; their pay, &c. 7. One chaplain allowed to each regiment, to be regularly ordained ministers, < I niw "forage 1 i'Uf Ulie TToflJl 1 . 2 Ch;iii. s - 3 See his annual message, Dec. 1861. * Chap. 9. 5 Chap. 42, retaining $2 per month of the pay of the enlisted men of the regular army until the end of their enlistment. 528 THIRTY-SEVENTH CONGRESS,. 2D SESS., CH. 200, 1862. the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of the said ten days, or the arrest shall cease : Provided, That if the copy of the charges be not served upon the arrested officer, as herein provided, the arrest shall cease; but officers released from arrest under the provisions of this section may be tried whenever the exigencies of the service will permit, within twelve months after such release from arrest : And provided, further, That the provisions of this section shall apply to all persons now under arrest and awaiting trial. SEC. 12. That whenever the name of any officer of the army or marine corps, now in the service, or who may hereafter be in the service, of the United States, shall have been borne on the army register or naval register, as the case ma}' be, forty-five years, or he shall be of the age of sixty -two years, it shall be in the discretion of the President to retire him from active service and direct his name to be entered on the retired list of officers of the grade to which he belonged at the time of such retirement; and the President is hereby authorized to assign any officer retired under this section, or the act of August third, eighteen hundred and sixty-one, 1 to any appropriate duty; and such officer thus assigned shall receive the full pay and emoluments of his grade while so assigned and employed. /""T^EC. 13. That all contracts made for, or orders given for the purchase of, goods or supplies by any department of the govern- ment shall be promptly reported to Congress by the proper head of such department if Congress shall at the time be in session, and if not in session, said reports shall be made at the commencement of the next ensuing session. SEC. 14. That no contract or order, or any interest therein, shall be transferred by the party or parties to whom such con- tract or order may be given to any other party or parties, and that any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned : Provided, That all rights of action are hereby reserved to the United States for any breach of such contract by the contract- ing party or parties. SEC. 15. That every person who shall furnish supplies of any 1 Chap. 42. THIRTY-SEVENTH CONGRESS, 2D SESS., CH. 200, 1862. 529 - kind to the army or navy shall be required to mark and dis- tinguish the same, with the name or names of the contractors so furnishing said supplies, in such manner as the secretary of war and the secretary of the navy may respectively direct; and no supplies of any kind shall be received unless so marked and distinguished. SEC. 16. That whenever any contractor for subsistence, clothing, arms, ammunition, munitions of war, and for every description of supplies for the army or navy of the United States, shall be found guilty by a court-martial of fraud or wilful neglect of duty, he shall be punished by fine, imprison- ment, or such other punishment as the court-martial shall adjudge; and any person who shall contract to furnish supplies of any kind or description for the army or navy he shall be deemed and tfiken as a part of the land or naval forces of the United States, for which he shall contract to furnish said sup- plies, and be subject to the rules and regulations for the govern- ment of the land and naval forces of the United States. SEC. 17. That the President of the United States be, and hereby is, authorized and requested to dismiss and discharge 1 from the military service, either in the army, navy, marine corps, or volunteer force, in the United States service, any officer for any cause which, in his judgment, either renders such officer unsuitable for, or whose dismission would promote, the public service. SEC. 18. That the President of the United States shall have power, whenever in his opinion it shall be expedient, to purchase cemetery grounds, and cause them to be securely enclosed, to be used as a national cemetery for the soldiers who shall die in the service of the country. SEC. 19. That so much of the act 2 approved the 5th of August, 1861, en- titled "An act supplementary to an act entitled 'An act 3 to increase the present military establishment of the United States/ " approved the 29th of July, 1861, as authorizes the appointment of additional aids-de-camp, be, and the same is hereby, repealed. But this repeal shall not be construed so as to deprive those persons already appointed, in strict conformity with said act of 5th August, 1861, from holding their offices in the same manner as if it had not been repealed. SEC. 20. That the different regiments and independent com- 1 This confirms authority already exercised by the President. 2 Chap. 47. 3 Chap. 24. 34 530 THIRTY-SEVENTH CONGRESS, 2D SESS., CH. 200, 1862. panics heretofore mustered into the service of the United States as volunteer engineers, pioneers, or sappers and miners, under the orders of the President or secretary of war, or by authority of the commanding general of any military department of the United States, or which, having been mustered into the service as infantry, shall have been reorganized and employed as en- gineers, pioneers, or sappers and miners, shall be, and the same are hereby, recognized and accepted as volunteer engineers, on the same footing in all respects, in regard to their organization, pay, and emoluments, as the corps of engineers of the regular army of the United States, and they shall be paid for their services, already performed, as is now provided by law for the payment of officers and non-commissioned officers and privates of the engineer corps of the regular army. SEC. 21. That any alien, of the age of twenty-flne years and upwards, who has enlisted or shall enlist in the armies of the United States, either the regular or volunteer forces, and has been or shall be hereafter honorably discharged, may be admit- ted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become a citizen of the United States, and that he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and that the court admitting such alien shall, in addition to such proof of residence and good moral character as is now provided by law, be satisfied by competent proof of such person having been honorably discharged from the service of the United States as aforesaid. SEC. 22. That there shall be added to the adjutant-general's department, by regular promotion of its present officers, one colonel, two lieutenant-colonels, and nine majors; and that the grade of captain in said department shall thereafter be abolished, and all vacancies occurring in the grade of major shall be filled by selections from among the captains of the army. 1 [Approved, July 17, 1862.] 1 They were formerly selected from the first lieutenants. THIRTY-SEVENTH CONGRESS, 2D SESS., CH. 201, 1862. 531 CHAPTER 201. Approved, July 17, 1862. Yol. 12, p. 597. An Act to amend the Act 1 calling forth the militia to execute the laws of the Union, sup- press insurrection, and repel invasion, approved February twenty -eighth, seventeen hundred and ninety-Jive, and the Act amendatory thereof, and for other purposes. I. Call for state militia to specify period of service, not to exceed nine months. Defects in militia laws to be supplied by rules and regulations. 2. Militia called into service. How organized. 3. One hundred thousand volunteers may be accepted as infantry for nine months. Pay and bounty provision of former laws extended to them. 4. To fill old regiments, any number of volunteers may be accepted for a year, upon a footing with similar troops in service. Bounty, fifty dollars, half on joining. 5. Judge-advocate general to be appointed. 6. A judge-advocate for each army in the field. 7. Offenders to be brought before and tried by field officer of regiment. Sentence to be submitted to the brigadier, who shall, if he approve, order the punishment. 8. Surplus adju- tants and quartermasters to be paid as such and discharged. 9. Army corps to be established and organized. 10. Organization of army corps. 11. Organ- ization of cavalry forces. 12. Negroes to be employed to labor for the army. 13. Negroes rendering military service to be free, as well as the mother, wife, and children, except those belonging to loyal persons. 14. Expenses in executing this act, how to be paid. 15. All enrolled under this act to receive pay and rations of soldiers. Pay of negroes so employed. 16. Medical pur- veyors and storekeepers to give bonds. That, whenever the President of the United States shall call forth the militia of the states, to be employed in the service of the United States, he may specify in his call the period for which such service may be required, not exceeding nine months; and the militia so called shall be mustered in and continue to serve for and during the term so specified, unless sooner dis- charged by command of the President. If, by reason of defects in existing laws, or in the execution of them in the several states, or any of them, it shall be found necessary to provide for enrolling the militia and otherwise putting this act into execution, the President is authorized, in such' cases, to make all necessary rules and regulations ; and the enrolment of the militia shall, in all cases, include all able-bodied male citizens between the ages of eighteen and forty -five, and shall be appor- tioned among the states according to representative population. ' SEC. 2. That the militia, when so called into service, shall be organized in the mode prescribed by law for volunteers. 2 1 Chap. 36. 2 As regulars. 532 THIRTY-SEVENTH CONGRESS, 2o SESS., CH. 201, 1862. SEC. 3. That the President be, and he is hereby, authorized, in addition to the volunteer forces which he is now authorized by law 1 to raise, to accept the services of any niimber of volunteers, not exceeding one hundred thousand, as infantry, for a period of nine months unless sooner discharged. And every soldier who shall enlist under the provisions of this sec- tion shall receive "his first month's pay, 2 and also twenty-five dollars as a bounty upon the mustering of his company or regi- ment into the service of the United States. And all provisions of law relating to volunteers enlisted in the service of the United States for three years, or during the war, except in re- lation to bounty, shall be, and the same are extended to, and are hereby declared to embrace, the volunteers to be raised under the provisions of this section. SEC. 4. That, for the purpose of filling up the regiments now in the United States service, the President be, and he hereby is, authorized to accept the service of volunteers in such num- bers as may be presented for that purpose, for twelve months if not sooner discharged. And such volunteers when mustered into the service shall be in all respects upon a footing with similar troops in the United States service, except as to service bounty, which shall be fifty dollars, one half of which to be paid upon their joining their regiments, and the other half at the expiration of their enlistment. SEC. 5. That the President shall appoint, by and with the advice and consent of the senate, a judge-advocate general, 8 with the rank, pay, and emoluments of a colonel of cavalry, to whose office shall be returned for revision the records and pro- ceedings of all the courts-martial and military commissions, and where a record shall be kept of all proceedings had there- upon. And no sentence of death, or imprisonment in the peni- tentiary, shall be carried into execution until the same shall have been approved by the President. 4 SEC. 6. That there may be appointed by the President, by and with the advice and consent of the senate, for each army in the field, a judge-advocate, with the rank, pay, and emolu- ments, each, of a major of cavalry, who shall perform the duties 1 By act 22 July, 1861, chap. 9. 2 $13 per month. 3 See sec. 4, chap. 83, 2 March, 1849, for judge-advocate of the army. 4 See rules and articles of war, 1806. THIRTY-SEVENTH CONGRESS, 2c SESS., CH. 201, 1862. 533 of judge-advocate for the army to which they respectively belong, under the direction of the judge-advocate general. SEC. 7. That hereafter all offenders in the army charged with offences now punishable by a regimental or garrison court-mar- tial shall be brought before a field-officer of his regiment, who shall be detailed for that purpose, and who shall hear and deter- mine the offence, and order the punishment that shall be in- flicted, and shall also make a record of his proceedings, and submit the same to the brigade commander, who, upon the ap- proval of the proceedings of such field-officer, shall order the same to be executed: Provided, That the punishment in such cases be limited to that authorized to be inflicted by a regi- mental or garrison court-martial r 1 And provided) further, That, in the event of there being no brigade commander, the pro- ceedings as aforesaid shall be submitted for approval to the commanding officer of the post. SEC. 8. That all officers who have been mustered into the service of the United States as battalion adjutants and quar- termasters of cavalry under the orders of the War Department, exceeding the number authorized by law, shall be paid as such for the time they were actually employed in the service of the United States, and that all such officers now in service, exceed- ing the number aforesaid, shall be immediately mustered out of the service of the United States. SEC. 9. That the President be, and he is hereby, authorized to establish and organize army corps according to his dis- cretion. SEC. 10. That each army corps shall have the following offi- cers, and no more, attached thereto, who shall constitute the staff of the commander thereof: one assistant adjutant-general, one quartermaster, one commissary of subsistence, and one assistant inspector-general, who shall bear, respectively, the rank of lieutenant-colonel, and who shall be assigned from the army or volunteer force by the President. Also three aids-de- camp, one to bear the rank of major, and two to bear the rank of captain, to be appointed by the President, by and with the advice and consent of the senate, upon the recommendation of the commander of the army corps. The senior officer of artil- 1 See rules and articles of war, 1806. 534 THIRTY-SEVENTH CONGRESS, 2D SESS., CH. 201, 1862. lery in each army corps, in addition to his other duties, shall act as chief of artillery and ordnance at the head-quarters of the corps. SEC. 11. That the cavalry forces in the service of the United States shall hereafter be organized as follows: Each regiment of cavalry shall have one colonel, one lieutenant-colonel, three majors, one surgeon, one assistant surgeon, 1 one regimental adjutant, one regimental quartermaster, one regimental com- missary, one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, two hospital stewards, one saddle-ser- geant, one chief trumpeter, and one chief farrier or black- smith, and each regiment shall consist of twelve companies or troops, and each company or troop shall have one captain, one first lieutenant, one second lieutenant, one supernumerary second lieutenant, one first sergeant, one quartermaster-ser- geant, one commissary-sergeant, five sergeants, eight corporals, two teamsters, two farriers or blacksmiths, one saddler, one wagoner, and seventy-eight privates; the regimental adjutants, the regimental quartermasters, and regimental commissaries to be taken from their respective regiments: Provided, That vacan- cies caused by this organization shal' not be considered as ori- ginal, but shall be filled by regular promotion. "~SEC. 12. That the President be and he is authorized to receive into the service of the United States, for the purpose of con- structing intrenchments, or performing camp service, or any oth.er labor, or any military or naval service, for which they may be competent, persons of African descent; and such persons shall be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe. SEC. 13. That when any man or boy of African descent, who by the laws of any State shall owe service or labor to any person who during the present rebellion has levied war or borne arms against the United States, or adhered to their ene- mies by giving them aid or comfort, shall render any service as is provided for in the first section of this act, he, his mother, and his wife and children, shall forever thereafter be free, any law, usage, or custom whatsoever to the contrary notwithstand- 1 See sec. 3, chap. 127, 2 July, 1862. THIRTY-SEVENTH CONGRESS, 2D SESS., CH. 202, 1862. 535 ing : Provided, That the mother, wife, and children of such man or boy of African descent shall not be made free by the opera- tion of this act except where such mother, wife, and children owe service or labor to some person who during the present rebellion has borne arms against the United States, or adhered to their enemies by giving them aid or comfort. SEC. 14. That the expenses incurred to carry this act into effect shall be paid out of the general appropriation for the army and volunteers. SEC. 15. That all persons who have been or shall be here- after enrolled in the service of the United States under this act shall receive the pay and rations now allowed by law to sol- diers according to their respective grades : Provided, That per- sons of African descent who under this law shall be employed shall receive ten dollars per month and one ration, three dollars of which monthly pay may be in clothing. _ SEC. 16. That the medical purveyors and storekeepers 1 shall] -give bonds in such sums as the secretary of war may require,! with security to be approved by him. [Approved, July 17, 1862.] CHAPTER 202. Approved, July 17, 1862. Vol. 12, p. 600. An Act to allow and pay to the state of Missouri the amount of money expended by said state in the arming and paying of troops employed in the suppression of insur- rection against the laws of the United States. That the state of Missouri shall be entitled to a credit against the direct tax apportioned to said state by the "Act to provide increased revenue from imports, to pay interest on the public debt, and for other purposes," 2 approved August 5, 1861, for all sums of money expended by said state in the arming, equipping, subsisting, and paying of troops organized under the ordinances of the convention of said state, passed during the year 1861, and employed in concert with the Federal authorities in suppressing insur- rection against the United States, and enforcing the laws thereof. SEC. 2. That, for the purpose of ascertaining the amount due to said state for moneys so expended, the secretary of war shall, immediately after the passage of this act, by commission or otherwise, cause the accounts to be examined, and a report made to him of the amount due, which being approved by the secretary of war, and by him certified to the secretary of the treasury, the amount thereof shall be allowed to said state, and deducted 1 Appointed by authority of chap. 80, 20 May, 1862. 2 Chap. 45, vol. 12, p. 292. 536 37TH CONGRESS, 2D SESS., CH. 203, RES. 1, 1861, '62. from the amount apportioned thereto by the aforesaid act, and the remainder only, if any, shall be collected as therein prescribed: Provided, That, in the adjustment of accounts under this act, no greater rate of compensation shall be allowed than was provided for by the laws of the United States applicable to the arming, equipping, subsisting, and payment of volunteers, in force at the time of the enrolment of such troops of Missouri. SEC. 3. That if said state shall assume and pay into the treasury the balance of said direct tax, if any, at such time as may be fixed by the secre- tary of the treasury, or should said expenditures be found to be equal to the tax, the deduction or discount of fifteen per centum, as prescribed in the fifty-third section of the said recited act, shall be allowed on the whole amount thus apportioned. [Approved, July 17, 1862.] CHAPTER 203. Approved, July 17, 1862. Vol. 12, p. 600. An Act to suspend temporarily the operation of an Act entitled "An Act to prevent and punish fraud on the part of officers intrusted with -making of contracts for the govern- ment," approved June second, eighteen hundred and sixty-two. That the operation of the act entitled "An act to prevent and punish frauds on the part of officers intrusted with making of contracts for the government," approved June 2, 1862, 1 be, and the same is hereby, suspended until the first Monday of January, 1863. EESOLUTION 1. Approved, December 24, 1861. Vol. 12, p. 611. Resolution expressive of the recognition by Congress of the gallant and patriotic services of the late Brigadier- General Nathaniel Lyon, and the officers and soldiers under his command, at the battle of Springfield, Missouri. That Congress deems it just and proper to enter upon its records a recog- nition of the eminent and patriotic services of the late Brigadier-General Nathaniel Lyon. The country to whose services he devoted his life will guard and preserve his fame as a part of its own glory. That the thanks of Congress are hereby given to the brave officers and soldiers who, under the command of the late General Lyon, sustained the honor of the flag, and achieved victory against overwhelming numbers at the battle of Springfield, in Missouri ; and that, in order to commemorate an event so honorable to the country and to themselves, it is ordered that each regiment engaged shall be authorized to bear upon its colors the word "Springfield," embroidered in letters of gold. And the President of the United States is hereby requested to cause these resolutions to be read at the head of every regiment in the army of the United States. 1 Chap. 79. 37TH CONG., 2D SESS., RES. 9, 10, & 12, 1862. 53T BESOLUTION 9. Approved, February 6, 1862. Vol. 12, p. 613. Resolution in relation to allotment certificates of pay to persons held as prisoners of war in the so-called Confederate States. Resolved, That the secretary of war be authorized to procure from such officers and enlisted men of the United States army as are now or hereafter may be held as prisoners of war in the so-called Confederate States, from time to time, their respective allotments of their pay to their families or friends, certified by them in writing, and only [duly] attested in pursuance of such orders as may be made for that purpose by the secretary of war, and upon which certified allotments the said secretary of war shall cause drafts to be made, payable on the city of New York or Boston, to the order of such persons to whom said allotments were or may be made, and to remit said drafts to the address of such person as may be designated in said allot- ment tickets. [By resolution 10, approved 22 February, 1862, vol. 12, p. 613, the superintendent of the census is authorized to furnish the secretary of war with such war statistics as from time to time he may judge necessary for the use of his department, in order to develop, concentrate, and bring into action the mechanical and other resources of the United States, for the suppression of the rebellion, and the future defence of the government. BESOLUTION 12. Approved, February 22, 1862. Vol. 12, p. 613. Resolution tendering the thanks of Congress ts the officers, soldiers, and seamen of the army and navy for their gallantry in the recent brilliant victories over the enemies of the Union and the Constitution. That the thanks of Congress are due, and are hereby tendered, to the officers, soldiers, and seamen of the army and navy of the United States, for the heroic gallantry that, under the providence of Almighty God, has won the recent series of brilliant victories over the enemies of the Union and the Constitution. 538 37TH CONGRESS, 2o SESS., EES. 16, 18, & 22, 1862. RESOLUTION 16. Approved, March 8, 1862. Vol. 12, p. 615. A Resolution declaratory of the intent and meaning of a certain Act therein named. Whereas, doubts have arisen as to the true intent and meaning of act numbered 18, 1 [chap. 21,] entitled " An act to indemnify the states for expenses incurred by them in the defence of the United States," approved 27 July, 1861 : That the said act shall be construed to apply to expenses incurred as well after as before the date of approval thereof. EESOLUTION 18. Approved, March 11, 1862. Vol. 12, p. 615, Resolution providing for the payment of the awards of the commission to investigate the military claims in the Department of the West. That all sums allowed to be due from the United States to individuals, companies, or corporations, by the commission heretofore appointed by the secretary of war, (for the investigation of military claims against the Department of the West,) composed of David Davis, Joseph Holt, and Hugh Campbell, now sitting at St. Louis, Missouri, shall be deemed to be due and payable, and shall be paid by the disbursing officers, either in St. Louis or Washington, in each case, upon the presentation of the voucher with the commissioners' certificate thereon in any form plainly indicating the allowance of the claim and to what amount. This resolution shall apply only to claims and contracts for service, labor, or materials, and for subsistence, clothing, transportation, arms, supplies, and the purchase, hire, and construction of vessels. EESOLUTION 22. Approved, March 19, 1862. Yol. 12, p. 616. Resolution to authorize the secretary of war to accept moneys appropriated by any state for the payment of its volunteers, and to apply the same as directed by such state. That if any state, during the present rebellion, shall make any appropriation to pay the volunteers of that state, the secre- tary of war is hereby authorized to accept the same, and cause it to be applied, by the paymaster-general, to the payments designated by the legislative acts making the appropriation, in the same manner as if appropriated by act of Congress; and also to make any regulations that may be necessary for the disburse- ment and proper application of such funds to the specific purpose for which they may be appropriated by the several states. 1 This is an error: it should have been chap. 21. No. 18 is another act. 37'ni CONGRESS, 2D SESS., RES. 25, 37, & 51, 1862. 539 EESOLUTION 25. Approved, April 4, 1862. Vol. 12, p. 617. A Resolution to authorize the President to assign the command of troops in the same field or department to officers of the same grade, without regard to seniority. That whenever military operations may require the presence of two or more officers of the same grade in the same field or department, the President may assign the command of the forces in such field or department, without regard to seniority of rank. EESOLUTION 37. Approved, June 21, 1862. Yol. 12, p. 620. A Resolution to encourage enlistments in the regular army and volunteer forces. That so much of the ninth section of the act approved August third, eighteen hundred and sixty-one, 1 entitled " An act for the better organization of the military establishment," as abolishes the premium paid for bringing accepted recruits to the ren- dezvous, be, and the same is hereby, repealed, and hereafter a premium of two dollars shall be paid to any citizen, non-com- missioned officer, or soldier for such [each] accepted recruit for the regular army he may bring to the rendezvous. And every soldier who hereafter enlists, either in the regular army or the volunteers, for three years, or during the war, may receive his first month's pay in advance, upon the mustering of his company into the service of the United States, or after he shall have been mustered into and joined a regiment already in the service. 2 EESOLUTION 51. Approved, July 2, 1862. Yol. 12, p. 623. A Resolution to suspend all payments under the Aft approved twenty-fifth of March, eighteen hundred and sixty-two, entitled "An Act to secure to the officers and men actually employed in the western department, or department of Missouri, their pay, lounty, and pension," and for other purposes. That the secretary of war be, and he is hereby, authorized and directed to suspend all payments under the act approved twenty- 1 Chap. 42. 2 For $25 advance bounty in addition hereto, see chap. 166. 17 July, 1862, sec. 3. 540 THIRTY-SEVENTH CONGRESS, 2D SESS., EES. 52, 1862. fifth March, eighteen hundred and sixty-two, 1 entitled " An act to secure to the officers and men actually employed in the western department, or department of Missouri, their pay, bounty, and pension;" and that there shall be appointed by the President, immediately after the passage of this resolution, by and with the advice and consent of the senate, three commis- sioners, to examine all claims arising under the provisions of that act, and report the same, with the facts connected therewith, to the secretary of war; said commissioners to have such com- pensation for their services as the secretary of war may consider just and reasonable: Provided, That said commissioners shall be required to examine and report, within sixty days after the pass- age of this resolution, upon all such claims as may be presented by persons claiming to have been organized or employed in the state of Missouri and to have performed service according to the provisions of the said recited act, whereupon payments shall be made as recommended by said commissioners and as required by said act: And provided, further, That within ninety days from the passage of this resolution the said commissioners shall examine and report upon all other claims arising under the act aforesaid, when payments shall be made as herein prescribed. [Approved, July 2, 1862.] KESOLUTION 52. Approved, July 12, 1862. Vol. 12, p. 623. A Resolution to provide for the presentation of "medals of honor" to the enlisted men of the army and volunteer forces who Kavtditting&itHed or //."// '//*?/'/// SESSION, EES. 63 & 70, 1862. January thirty-first, eighteen hundred and sixty-two, shall not be BO construed as to authorize the construction of any rail- roads, or the completion of any line of road, the greater part of which remained uncompleted at the time of the approval of said act, or to engage in any work of railroad construction ; and so much of said act as atith jiitni'tih treason and rebellion, to seize and confiscate the property of rebels, and /'/ n/hcr purposes" That the provisions of the third clause of the fifth section of "An act 1 to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and fpr other pur- poses," shall be so construed as not to apply to any act or acts done prior to the passage thereof, nor to include any member of a state legislature, or judge of any state court who has not, in accepting or entering upon his office, taken an oath to support the Constitution of the so-called " Confederate States of Ame- rica;" nor shall any punishment or proceedings under said act be so construed as to work a forfeiture of the real estate of the offender beyond his natural life. EESOLUTION 70. Approved, July 17, 1862. Vol. 12, p. 629. A. Resolution to regulate the compensation for payiny pensions. That agents for paying pensions shall receive two per centum on all disbursements made by them to pensioners of the United States: Provided, That the aggregate compensation to any one agent, paying both army and navy pensions, shall not exceed two thousand dollars per annum. 1 Chap. 195, 17 July, 1862. The adoption of this resolution was considered neces- sary to secure executive approval of the confiscation act. PAY or THE ARMY. 543 TABLE OF PAY, SUBSISTENCE, ETC. ALLOWED BY LAW TO THE OFFICERS OF THE ARMY. RANK AND CLASSIFICATION OF OFFICERS. PAY. SUBSISTENCE. SERVANTS. FORAGE FURNISHED FOR HORSES. Per Month. Number of Ra- tions per day. Monthly Com- mutation Value. Number of Ser- vants allowed. Monthly Com- mutation Value. j*> 3 1U *& H In time of War. & *o C $50. 2 5 2 2 4 2 4 2 2 2 2 2 2 : 2 2 2 4 2 2 2 2 2 2 2 2 General Officers. $ c. 270 00 80 00 220 00 80 00 24 00 124 00 20 00 124 00 no oo 95 00 80 00 110 00 80 00 80 00 110 00 80 00 80 00 124 00 110 00 95 00 80 00 70 00 110 00 95 00 80 00 70 00 20 00 124 00 80 00 80 00 70 00 70 00 53 33 40 5 15 4 $ c. 360 00 45 00 135 00 36 00 4 2 4 2 $ c. 90 00 45 00 90 00 47 00 $ C. 720 00 170 00 445 00 163 00 24 00 299 50 11* 299 50 211 00 187 00 163 00 211 00 163 00 163 00 211 00 163 00 163 00 299 50 211 00 187 00 163 00 129 50 211 00 187 00 163 00 129 50 11* &for forage 2 7 4 2 5 2 5 5 4 4 5 4 4 5 4 4 5 5 4 4 3 5 4 4 3 Aides-de-camp and Military Secre-") tary to Lieutenant-General, each... j" Senior Aide-de-camp to Gen. -in-Chief.. Aide-de-camp, in addition to pay, &c. ) of Lieutenant J 12 108 00 3 67 50 Aide-de-camp, in addition to pay, &c. ) AdjutantrGeneraVs Department. Adjutant-General Brigadier-General. Assistant Adjutant-General Colonel.. Assistant Adjutant-General Lt.-Col... Assistant Adjutant-General Major ... Judge- Advocate-General Colonel Judge- Ad vocate M ajor 12 6 5 4 6 4 4 6 4 4 12 6 5 4 4 6 5 4 4 108 00 54 00 45 00 36 00 54 00 36 00 36 00 54 00 36 00 36 00 108 00 54 00 45 00 36 00 36 00 54 00 45 00 36 00 36 00 3 2 2 2 2 2 2 2 2 3 2 2 2 1 2 2 2 1 67 50 47 00 47 00 47 00 47 00 47 00 47 00 47 00 47 00 47 00 67 00 47 00 47 00 47 00 23 50 47 00 47 00 47 00 23 50 " " (Division) Major Inspector-General's Department, Assistant Inspector-General Major... Signal Department. Quartermaster's Department. Quartermaster-General Brig.-Gen Assistant Quartermaster-Gen. Col. ... Deputy Quartermaster-Gen. Lt.-Col... Assistant Quartermaster Captain Subsistence Department. Commissary-Gen, of Subsistence Col. Assistant Commissary-Gen, of Sub- \ Commissary of Subsistence Major.... Commissary of Subsistence Captain- Assistant Commissary of Subsistence, ) in addition to pay, &c. of Lieut.... j" Medical Department. Surgeon-General Brigadier-General... 12 8 4 8 4 4 108 00 72 00 36 00 72 00 36 00 36 00 3 2 2 1 1 1 67 50 47 00 47 00 23 50 23 50 23 50 299 50 199 00 163 00 165 50 129 50 112 83 288 33 187 00 163 00 5 4 4 3 3 2 4 4 4 2 2 2 2 2 ...... 2 Surgeons of less than ten years' service Asst. Surgeons of ten years' service... Asst. Surgeons of five years' service... Assistant Surgeons of less than five ) Pay Department. Paymaster-General, $2740 per annum. 95 00 80 00 5 4 45 00 36 00 2 2 47 00 47 00 544 PAY or THE ARMY. TABLE OF PAY, SUBSISTENCE, FORAGE, ETC. Continued. RANK AND CLASSIFICATION OP OFFICERS. PAY. SUBSISTENCE. SERVANTS. FORAGE FUR-XISHED FOR HORSES. A I (1 IS S jj 5 If ii fl ii >!> sS I! | 1* I ii "S 0> 1 e 1 a Officers of the Corps of Engineers, Corps of Topographical Engineers, and Ordnance, Department. Chief of Ordnance, Brigadier-General.. Colonel 124 00 110 00 95 00 80 00 70 00 5333 53 33 53 33 110 00 95 00 80 00 70 00 53 33 53 33 63 33 10 00 95 00 80 00 70 00 60 00 50 00 45 00 45 00 10 00 1000 12 6 5 4 4 4 4 4 6 5 4 4 4 4 4 ? c. 108 00 54 00 45 00 36 00 36 00 36 00 36 00 36 00 54 00 45 00 36 00 36 00 :;.; DO 36 00 36 00 3 I 2 1 1 1 1 2 2 2 1 1 1 $ c. 67 50 47 00 47 00 47 00 23 50 23 50 23 50 23 50 47 00 47 00 47 00 23 50 23 50 23 50 23 50 $ c. 299 50 211 00 187 00 163 00 129 50 112 83 112 83 112 83 211 00 187 00 163 00 129 50 112 83 112 83 112 83 10 00 194 00 170 00 161 00 118 50 108 50 103 50 103 50 10 00 10 00 5 6 4 4 3 2 2 2 I 4 3 2 2 2 4 2 2 2 2 2 2 I 2 2 2 2 2 Major Captain Brevet Second Lieutenant Officers of Mounted Dragoons, Cavalry, Riflemen, and Light Artillery. Colonel Lieutenant-Colonel Major Captain First Lieutenant Brevet Second Lieutenant Adjutant / in addition to pay | Reg'l Qr. Master \ of Lieutenant... f Officers of Artillery and Infantry. Colonel 6 5 4 4 4 4 4 54 00 45 00 36 00 36 00 36 00 36 00 36 00 2 I 1 1 45 00 46 00 45 00 22 50 22 50 22 50 22 50 4 3 3 2 2 2 Captain First Lieutenant Second Lieutenant Adjutant, in addition to pay, Ac. of Lt. Reg'l Quartermaster, in addition to 1 2 2 2 2 Military Storekeepers, Attached to the Quartermaster's De-' partment : at armories, and at ar- senals of construction ; the store- keeper at Water-town Arsenal, and storekeepers of ordnance solving in Oregon, California, and New Mexico, $1490 per annum. At all other arsenals, $1040 per annum. Chaplains 100 00 2 18 00 118 00 1 1 Paymaster's clerks, $700 per annum, and one ration (75 cents) per day when on duty. The officer in command of a company is allowed $10 per month for the responsibility of clothing, arms, and accoutrements. Act 2 March. 1827, Sec. 2. * Subaltern officers, employed on the General Staff, and receiving increased pay therefor, are not entitled to the additional or fourth ration provided by the Act of 2 March, 1827, Sec. 2. Every commissioned officer below the rank of Brigadier-General receives one additional ration per day for every five years' service. Act 5 July, 1836. Sec. 12, and 7 July, 1838, Sec. 9. Forage is commuted only when the Government cannot furnish it in kind, and then at $8 per month for each horse actually kept by the officer. PAY OF THE ARMY. 545 MONTHLY PAY OF NON-COMMISSIONED OFFICERS, PRIVATES, &c. CAVALRY. Sergeant-Major $21 00 Quartermaster-Sergeant 21 00 Chief Bugler 21 00 First Sergeant 20 00 Sergeant 17 00 Corporal $14 00 Bugler 13 00 Farrier and Blacksmith 15 00 Private 13 00 ORDNANCE. Sergeant $34 00 I Private, first class $17 00 Corporal 20 00 private, second class 13 00 ARTILLERY AND INFANTRY. Sergeant-Major $21 00 Quartermaster-Sergeant 17 00 First Sergeant 20 00 Sergeant..., 17 00 Corporal 13 00 Artificer, artillery $15 00 Private 13 00 Principal Musician 21 00 Musician 12 00 SAPPERS, MINERS, AND PONTONIERS. Sergeant $34 00 Corporal 20 00 Private, first class 17 00 Private, second class $13 00 Musician . 12 00 BRIGADE BANDS. Leader $45 00 Four of the Band 34 00 Eight of the Band 17 00 Drum-Major $17 00 Four of the Band .... .. 20 00 Medical Cadets (and 1 ration per day).... $30 00 Hospital Stewards 30 00 Master Wagoners (3 Aug. 1861) 17 00 Matrons $6 00 Female Nurses, per day and 1 ration 40 cents. Wagoners (3 Aug. 1861) 14 00 12j cents per month is to be retained from the pay of each enlisted man of the army, for the support of the " Soldier's Home." $2 per month is allowed for re-enlistuient, and $1 per month additional for each subsequent period of five years' service, provided the enlistment is made within one month after the expira- tion of each term. 35 INDEX. A. ABANDONING a post, penalty for, 71, 184. Absence of chaplains, penalties for undue, 63. from camp without leave, punished, 69, 183. from duty, rules in regard to, 486. from parade, penalty for, 70. of chief of military bureau, 338. on furlough limited, 177. without leave, penalty for, 66, 69, 177, 178, 184. Absentees at muster, certificates in regard to, 65, 177. Abstracts of returns, made annually, 99. Abuses redressed by commanding officer, 67. Academy, military. (See MILITARY ACADEMY.) Accountant of war department, 101. Accountants of war and navy departments, duties of, 209. Accountant's offices of war and navy departments abolished, 279. Accounts and vouchers for disbursements, 256. of commissions, &c., paid by special appropriation, 362. of disbursing officers, settlement of, 523. of military contributions in Mexico, 430. of money received in advance, 243. of receivers of public moneys, 208. prompt settlement of, 279. quarterly, of supplies, 243. settled and adjusted, where, 279. settlement of, 281, 282. time allowed for rendition of, 524. Act of September 29, 1789, repealed, 89. to prevent and punish frauds, suspended, 536. "to suppress insurrection/' &c., explained, 542. Acts, inconsistent, repealed, 347. Adjutant and inspector of army, duties of, 142. pay of, 143. Adjutant, duties of, 162. Adjutant-general, 213. additional rations to, 387. ^pointment of, 308, 383. assistant, appointed, 343, 364, 383. pay of, 140, 343, 364, 383. duties of, 99, 150. of army ex officio assistant inspector-general, 137. of militia, duties of, 150. pay of brevet officers to include, 353. 547 548 INDEX. Adjutant-general, President may appoint, 123. rank and pay of, 308. return of, 100. Adjutant-general's department, organization of, 480. _ reorganization of. ffiQ- Adjutant, monthly pay of, 93. pay of, 143. to each regiment, 307. Adjutants-general, assistant, duties of. Sffi Administration of justice, 79. Advances of public money prohibited, 311. Affidavit of officer making return of contract, 505. Age of enrolment in militia, 96. recruits, 87, 237, 239, 260, 495. Agent of treasury designated by President, 301. Agents, appointment of, and duty, 210. disbursing, 318, 336. for purchases and contracts, 209. military, 142. abolished, 220. duties of, 146. pay of, 143. Aid and comfort to rebels, property of those who give, confiscated, 521. Aid-de-camp, 90, 115, 135, 242, 307, 449, 510. one to each brigade, 257. pay of, 90, 93, 143. senior, of major-general commanding, 409. Aids-de-camp, whence taken, 374. Aids of brigadier-generals, 255. pay of, 259. officers detached to serve as, 135. of major-generals, 255. pay of, 137. Alarms, penalty for creating false, 70, 184. Aliens may become citizens, how, 530. Allotment certificates among volunteers, 490. certificates of pay to prisoners of war, 537. tickets for volunteers, 470. Allowance for clerk hire, 150. for ten years' service, 349. upon discharge to officers deranged, 148. Amendments to Constitution, 49. Ammunition, penalty for waste of, 69, 182. Annuity to officers and soldiers, 323. Apothecaries, assistant, 254. Apothecary-general, duties of, 129. pay of, 246. Appointment of inspector of fortifications, 137. of non-commissioned officers, 160. 9 of quartermaster-general, 217. Appointments from the line, proviso relating to, 88. of officers of medical department, 130. Apprehension of deserters, reward for, 82. Apprentices, bounty money of, 261. Appropriation, annual, for arming militia, 277. INDEX. 549 Appropriation for arming fortifications, 354. for armory, 313. for augmentation of army, 133. for building for preservation of trophies, 436. for buildings for military academy, 226. for civil and diplomatic expenses, 422. for clerk hire, paymaster's department, 256. for clerks, &c., ordnance .department, 265. for comfort of discharged soldiers, 509. for defence of frontiers, 330. for defence of Washington, 495. for expenses of corps of artificers, 223. of examination of military academy, 459. of government, 460, 462. for fortifications, 487. for fortifying ports and harbors, 200. for foundries, &c., 121. for increasing military establishment, 91. for light-houses, &c., 424. for losses at Fort Sumter, 471. for management of national armories, 431. for newspapers and periodicals, 362. for organizing volunteer military corps, 216. for payment of pensions, 366, 457. for preservation of flags, &c., taken from enemy, 257. for providing arms for militia, 127. for raising additional troops, 337. for raising company of rangers, 233. for regulation of ordnance, 227. for payment of bounty, 510, 511. for supplying arms, &c., to citizens of loyafretates, 479. for support of army, 357, 366, 397, 410, 418, 422, & 434, 435^ 448, 455, 456, 459, &SL for support of military academy, 357, 376, 409, 414, 447. for survey of Pacific railroad, 430. for transporting volunteers, 392. for volunteer service, 199. for western military asylum, 430. to prepare "medals of honor/' 540. Appropriations by states for payment of volunteers, 538. for naval service, 460. for support of insane hospital, 438. for troops, arsenals, &c., 169. power of President to transfer, 298. statement of, 297, 299. transfers of, prohibited, 283. unexpended, 297. Ardent spirits, issue of, to troops, 138. Armies of United States, rules and articles for government of, 174. Armorer to battalion of artillery, 294. Armorers, pay of master, 359, 448. Armories and public buildings, titles of lands for, 356. appropriation for management of, 431. duties of, performed by ordnance corps, 359. expenses of, reported annually, 103, 121. 550 INDEX. Armories, fines for enticing workmen to leave, 140. national, account of expenses of, 103. no extra pay at, 360. number of workmen not restricted, 206. pay of superintendents, 103, 140, 278, 349, 359. placed under ordnance department, 265. President has power to establish, 121. public, under direction of ordnance department, 265. superintendence of, 434, 489. superintendents of, 429. abolished, 359. workmen exempt from certain services, 140. Armory, national, establishment of, 103. site for, on western waters, 313. Arms and ammunition to California emigrants, 407. and equipments provided, 205. appropriation for supplying citizens of loyal states, 479. captains of companies accountable for, 182. casting away, punished, 70, 184. cost of repairs, to whom charged, 264. delivered to militia in service, 127. depots of, 265. distribution of, among states, &c., 206, 435. exempt from suits, executions, &c., 96. exempt from taxation, 233. for militia, 126, 205, 277, 435. for militia of District of Columbia, 314. imported into United States, duties on, 500. inspection of, at musters, 159. loan of, 124, 127. lost, or spoiled b^fcieglect, 182. money in lieu of, 236. &c. of officers of militia, 98. penalty for destruction or injury of, 140, 264. presented to discharged officers and soldiers, 216. President authorized to purchase, 121, 127. providing of, by contract, 429. public sale of, 200. &c., quality of, returns made, 162. repairs of, 264. report of damages to, 264. stores, &c., unserviceable, sale of, 314. Army, act to increase rank and file, 369. and navy, co-operation of, 262. appropriation for support of, 357, 366, 397, 410, 418, 422, 429, 434, 435, 448, 455, 456, 459, 509. articles for government of, to be read, 176. contracts for supplying, 101. corps, President authorized to organize, 533. courts-martial in, 490. increase of rank and file of, repealed, 397. judge- advocate for each, 532. limitation of arrears of, 105. officers not separated from their corps, 349. officers of navy and, relative rank between, 517. INDEX. 551 Army officers, pensions to, 512. officers, retired, 528. of United States, pay of, 234. provision for, 227, 234. organization of, 230, 294, 358. pay department of, 402. pay of, when on fatigue duty, 294. provisional, President authorized to raise, 122. regular, number of regiments in, 473. supplies for, how made, 286. supplies, transportation of, 242. uniform prescribed by whom, 194. vacancies in, filled by President, when, 128. Arrears of pay, 105, 146, 239. payments to those in, prohibited, 317. Arrest and confinement of officers, 81, 189. and imprisonment, limitation of, 74, 81, 189. breach of, 74, 81, 189. exemptions from, during war with Great Britain, 236. of non-commissioned officers, &c. for debt, 116. of officers, 527. of officers in District of Columbia, 155. persons exempt from, 88, 125, 135, 166, 215. Arrests of soldiers, 147. Arsenals, at Augusta, Georgia, and St. Louis, Missouri, 316. duties of keepers of, 264. erection and repairing of, 103. erection of, additional, 205. on western waters, 169. establishment of, 103, 205, 511. fines for enticing workmen to leave, 140. public, regulation of, 140. storekeepers at, 359. useless, may be abolished, 429. Articles for government of army to be read, 176. Articles of war, 63. furnished to whom, 168. levies governed by, 91. read to troops, 75. troops governed by, 87, 89. Artificers attached to regiments, 264. clothing for, 255. organization of corps of, 222. pay of, 143. Artillerists and engineers, additional regiment of, 119. corps of, completed, 111. corps of, established, 104. teachers for, 128. regiments of, 142. Artillery, and infantry, reduced, 358. companies of, formation of, 98. company consists of specified number, 408. company, officers of, 294. completion of battalion of, 92. conductor of, 220, 252, 294. 552 INDEX. Artillery, courts-martial, 75. drivers of, 228. inspector of, 128. light, additional companies of, 386. pay of, 387. loan of, to militia corps, 124. one company for each division, 98. one company to each regiment ef, 342. organization of battalion of, 88. organization of regiments of, 134, 252. pay of officers of, 253. regiment of, how composed, 306. regiments, organization of, 473. subject to rules and articles of war, 75. tactics, instructor of, 355. two companies added to each regiment of, 386. Assistant inspector-generals, rank and pay of, 480. secretaries of war, 491. secretary of war, salary and duties of, 480. surgeon-general, rank and pay of, 502. surgeons, number of, 507. Asylum, appropriation for western military, 430. military, commissioners of, 456. military, for invalid and disabled soldiers, 415. military, fund for, abolished, 509. western military, 449. Attorney-general, duty of, 356. Auditor, third, claims adjusted by, 406. Auditors, additional, in treasury department, 279. duties of, in treasury department, 280. empowered to administer oaths, 282. of treasury department, pay of, 282. Augusta, Georgia, arsenal at, 316. Augusta, Maine, arsenal at, 317. B. BACK rations, 351. Bailey's, Major David, battalion of volunteers, bounty land to, 450. Balance of money repaid to treasury, 297. Balances due, statement of, 282. Bands, regimental, abolished, 526. pay of, 469, 475. reimbursement of volunteer, 479. volunteer, 526. Barrack-masters, 229. appointment of, 246. pay of, 283. Battalion courts of inquiry, 231. of artillery, completion of, 92. organization of, 88. of riflemen, organization of, 136. paymasters, pay, &c. of, 273. Battalions, colors for, provided by whom, 98. organization and formation of, 98, 473. INDEX. 553 Baylor, Lieut. Cyrus A., sword presented to, 333. Beating of retreat, 183. Behavior, disrespectful, punishment for, 175. indecent, at divine service, 63. in presence of courts-martial, 73, 189. in quarters must be orderly, 71. irreverent, at divine service, punished, 174. of members of courts-martial, 72, 188. of officers and soldiers, 184. Blue Lick Springs a site for asylum, 424. Board, light-house, 424. of officers for examining light-houses, 419. for settlement of claims, 424. abolished, 435. of visitors of insane hospital, 437. to military academy, 376. Bombardiers, company of, 224. abolished, 307. Bond, agents to give, 210. given by medical storekeepers, 504. owners of armed vessels to give, 292. quartermaster to give, 229. Bonds given by agents for purchases, &c., 210. given by officers in pay department, 372. given by officers of quartermaster's department, 316. given by purveyors and storekeepers, 535. required to be given by paymasters, 256. sums on, regulated and increased, 300. Books, &c. for artillerists and engineers, 104. for artillerists, furnished by secretary of war, 120. for use of military academy, procured, 149. Bounty allowed to soldiers, 111, 115, 135, 221, 261, 270, 348, 439. and clothing to laborers, 255. for enlistment, 90, 237, 475. for re-enlistments, 432. granted to levies, 91. land for satisfying, 270. land, additional, to soldiers, 440. evidence of right to, 442. money in lieu of, 270. provision for, repealed, 352. relinquishment of, for pensions, 270. to officers and soldiers of revolution, 440. transfer of invalid before patent, 270. warrants, applications for, 398. 'lands, additional grant of, 439. claims to, 284. grant of, 392, 411, 433. military, 420. money of apprentices, 261. of money and land after Feb. 1813, 237. pay, &c. of additional regiment of artillerists, 120. payment of, to widows, &c. of volunteers, 511. to heirs of those killed in battle, 211. to regiment of dragoons, 386. 554 INDEX. Bounty to pilots, &c. of gunboats, &c. 516. to recruits, 87, 92, 128, 146, 211, 214, 237, 239, 247, 250, 251, 329, 378,409,510,532,539. to soldiers of department of Missouri, 500. to soldiers of regular army, 511. to volunteers to fill old regiments, 532. Breach of arrest, 74, 81. Brevet officers, pay and emoluments of, 287, 353. rank, 235. Brevets and former commissions take effect when, 71. to non-commissioned officers, 386. Brigade bands, pay of, 526. constituted and commanded, how, 136. court-martial, 156. inspector appointed by President, 162. chosen, how, 122. duties of, 100. furnishes forms of returns, 159. pay of, 137. major, chosen by whom, 122. duties of, 260. majors, additional, 242. pay of, 90, 93, 228, 259. quartermaster, pay of, 136, 259. surgeons, known as surgeons of volunteers, 507. Brigades, organization of, 97. Brigadier-general, 136. appointment of, 94, 118, 234. duties of, 142. entitled to one aid, 137. may act as adjutant, 245. pay of, 90, 93, 123, 142, 213. Brigadier-generals, aids of, 255. appointment of additional, 201, 242, 372, 383. forage for horses of, 525. number of, added to army, 475. authorized, 509. of volunteers, appointment of, 468. orders of, how conveyed, 166. Brown, Major-General, thanks of Congress, and gold medal to, 267. Butler, General, sword voted to, 389. C. CADETS, candidates for commission, when, 225. may be supernumerary officers, 225. medical, 482. appointment and pay of, 501. number of, in service of United States, 225. pay of, 143. regulations in regard to, 225. to West Point Academy, appointments of, 363. oath administered to, 483. term for service increased, 348. California, emigrants to, furnished with arms, &c., 407. INDEX. 555 California, receivers of contributions in, to be paid, 430. Camp, absence from, without leave, punished, 69, 183. Cannon, arms, &c. procured by President, 121. superintendent of manufacture of, 360. Capital crime, officers accused of, 181. Captain, grade of, in adjutant-general's department, abolished, 530. penalty for delinquency of, 163. Captains accountable for arms, &c., 182. accountable for stores, 69. duty of, in regard to enrolling, 96. of cavalry and artillery, forage for horses, 525. of companies accountable for arms, &c., 182. pay of, 93, 143. Captives of war, slaves of rebels to be deemed, 522. Captivity, pay, &c. during, 254. period of, reckoned as actual service, 411. Captures made within waters of United States, 291. Cavalry, allowance to, for use of horses, &c., 106. certain regiments to be hereafter denominated, 484. companies in volunteer service, 469. duty, pay of officers assigned to, 525. equipage for, 125. forces, organization of, 534. may serve as dismounted dragoons, 111. militia may serve as, 91. organization of, 473. organization of troop of, 230. pay of, 93. President may call into service, 93. regiment, officers of, 474. subject to legionary courts, 233. tactics, instructor of, 355. system o to be prepared, 317. Cemetery, national, 529. Census, superintendent of, to furnish war statistics, 537. Certificate annexed to returns of delinquencies, 160. of discharge for physical disability, 503. of enlistment, 64T. of oath of enlistment, 176. penalty for false, 65. Certificates, false, penalty for issuing, 177. in regard to absentees at muster, 65. of absence, by whom given, 177. of service, 154. omission of, in cases of discharge, 277. Cession of land for fortifications, 102, 105, 119. Cessions of lands received by President, 102. Challenge of member of court-martial, 188. penalty for accepting, 179. to fight a duel prohibited, 66. Challenger, officer or soldier, when punished as, 67, 179, 180. Chaplain, one to each brigade, 273. one to each regiment, 483. one to each regiment of volunteers, 469. Chaplains, 240, 380. 556 INDEX. Chaplains, absence of, prohibited, when, 175. absence of, without leave, prohibited, 63. additional number of, 402. appointment of, 346. bounty lands to, 440. duties of, 346. forage for one horse, 425. in California, extra pay to, 435. number of, 203. number of, limited, 351. of hospitals, 504. pay o< 90, 93, 259, 285, 346. increased, 448. penalties for undue absence, 63. qualifications and appointment of, 526. regimental, pay of, 259. Chief clerk of department of war, duties of, 86. Chief engineer, auties of, 370. Chief of ordnance, rank and pay of, 481. Cherokee warriors, pensions to, 357. Citizens, aliens may become, how, 530. employed as paymasters' clerks, 347. enrolled, duties of, 96. Claims, act in relation to payment of, 375. board of officers to settle, 424. for horses, &c. destroyed by enemy, adjusted, 406. for pensions, printed forms for establishing, 515. in department of Missouri, 540. list of, to whom transmitted, 196. manner of substantiating, 195. military, in Department of West, 538. not valid when mortgaged, 396. of widows, effects of subsequent marriage on, ^434. prosecution of, 428. "three months' extra pay," 413. to bounty lands, 284. to pensions by heirs of soldiers of revolution, 501. to pensions, tees for establishing, 514. to service of another, validity of, 523. &c., transfer of, void, 340. Clerk-hire, allowance for, 150. Clerk of court of inquiry appointed, 158. of "returns office," pay of, 506. Clerks, report of, made annually to Congress, 362. Clothing allowance for, 93, 374. allowance for, in volunteer service, 468. allowed to levies, 91. altered to fit, 138. and rations, 78. articles of, to be received annually, 138. &c., distribution of, 315. extra, issued, to be deducted from soldier's pay, 275. to sick and wounded, 541. for artificers, 255. for troops prescribed by President, 275. INDEX. 557 Clothing for volunteers, 389. kind and amount of, 253. money in lieu of, to volunteers, 198. of soldier discharged from army, 275. of volunteers for Mexican war, 368. penalty for selling without proper order, 182. quarterly returns of supplies of, 315. surplus of, furnished, 145. to sappers, miners, and pontoniers, 370. uniform, annual allowance of, 89. annual amount of, 111. annually received, 115. furnished, 145. of light artillery, 217. of light dragoons, 217. of officers and soldiers, 214. Coffee, allowance of, increased, 459. extract of, may be used instead of coffee, 510. Collector appointed by legionary court of inquiry, 164. of court of inquiry, penalty for neglect of duty, 165. sued, how, 165. of port, duties of, 464. Collectors of customs to detain vessels, when, 292. Colonel of ordnance department, power of, 263. pay of, 143. Colonels, forage for horses of, 525. Colors, penalty for leaving, in search of plunder, 71, 184. provided by whom, 98. taken from enemy, disposition of, 257. Columbus, arsenal at, 511. Command of troops joining on marches, 71. of troops marching together, 71. Commandant at West Point, 361. of cadets at West Point, rank and pay of, 455. Commander-in-chief, disrespect towards, punished, 64. secretary of, 228. Commander of corps of cadets, duties of, 355. of corps of engineers, 226. of post, &c. compelled to abandon it, 185. Commanding officer of different corps, 186. officer to redress abuses, 180. officers, duties of, 178. shall keep good order, 180. Commands, disobedience of, punished, 64. Commissariat of subsistence, increase of, 344. of United States army increased, 409. Commissaries, deputy, exceptions in case of, 220. not to be separated from line of army, 352. of subsistence, rank and pay of, 481. rank, pay, &c., 321. Commissary and assistants forbidden to trade, 229, 286. subject to martial law, 286. Commissary-general employs mechanics, 255. contingent expenses of, 229. franking privilege allowed to, 287. 558 INDEX. Commissary-general of ordnance department, 226. of purchases, 218, 274, 309. of subsistence, 308. rank, pay, and duties of, 286, 308. Commissary of musters, duties of, 65, 178. penalty for receiving bribes, 65, 178. removed, when, 65, 178. Commissary of purchases, duties of office, by whom performed, 360. office of, abolished, 360. Commissary-sergeant, regimental, pay of, 469. Commission on sums paid, 328. Commissioned officers, appointed by President, 93. cashiered for fraud, &c., 190. dismissal of, 73. effects of deceased, 74. of levies, 91. rations of, 88. take rank, how, 99. to be citizens of United States, 203. Commissioner of land-office, duty of, 413. of pensions, duties of, 515. Commissions, dates of, affect rank of officers when, 185. Commutation of subsistence and travel, 468. Companies, division of, 154. organization of, 473. returns of, how and when made, 160. Company of infantry, organization of, 230. officers of volunteers, how commissioned, 468. of riflemen, organization of, 251. Compensation in case of wounds, 202, 212, 239. for disabilities, 202, 222. for paying pensions, 542. of officers, Ac., 201, 221. Comptroller, additional, in treasury department, 279. duties of first and second, 281. of treasury, duties of, 209. fines certified to, 241. Comptrollers, franking privilege to, 282. Conduct in presence of court-martial, 80. unbecoming, punished, 190. Conductors of artillery, 220, 252, 294. Confinement of officers and soldiers limited, 189. Confirmation of sentence of court-martial, 187. Confiscation of property of certain rebels, 520. Congress, members of, cannot enter into or make contracts, 204. punishment for traitorous words, &c. against, 63, 175. recognition of services of Brigadier-General Nathaniel Lyon, 536. thanks of, to certain gallant officers and soldiers, 537. to Major-General Jackson, 268. to Major-General John E. Wool, 435. to Major-General Taylor, 377, 389, 398. to Major-Generals Brown, Scott, Porter, Gaines, Macomb, and Brigadiers Ripley and Miller, 267. vote of gold medals to Brigadier-General Ripley, Brigadier-General Miller, and Major-General Porter, 268. INDEX. 559 Congress, vote of gold medal to Colonel Croghan, 333. to General Taylor, 377, 389, 398. to Major-General Brown, 267. to Major-General Gaines, 268. to Major-General Jackson, 268. to Major-General Macomb, 268. to Major-General Scott, 267, 398. Conniving at hiring of duty, 70. Consolidation of regiments, 387. Constitution of United States, 33. amendments to, 49. index to, 53. Contemptuous words against President, &c., punishment for, 175. Continental generals, powers of, 77. Contracts, considerations for procuring, prohibited to whom, 517. for supplies, how made, 129, 210. list of, to be published, 541. made by law or appropriation, 298. made by secretary of war or secretary of navy, 452. made in cases of pressing exigency, 453. members of Congress forbidden to make, 204. not transferable, 528. proposals for, 209. public, 203. reported to Congress, 528. requirements in regard to, 505. requiring advance of money, 129. statement made by whom, 205. statements of, reported annually, 210. Contractors' names on articles furnished, 529. Contributions in Mexico and California, receivers to be paid, 430. Cooks and nurses, extra pay to soldiers acting as, 444. Corporal, pay of, 93, 143. Corporals of ordnance department, 509. Corporeal, punishment, limitation of, 76, 81, 190. abolished, 228. in force in case of desertion, 329. Corps of artificers, organization of, 222. of engineers, 223. of engineers, officers, &c. of, governed, how, 193. of engineers organized, 148. Correspondence with enemy prohibited, 71, 185. Council of administration may appoint chaplain, 346. Court-martial, confinement in District Columbia jail under sentence of. 519. brigade, 156. challenge of member of, 188. prisoners before, 188. Courts-martial, 72, 166. appointed by President, when, 186, 321. appointed by whom, 186. artillery, 75. assembled by whom, 79. behavior in presence of, 73, 189. behavior of members of, 72, 188. composed of militia officers, when, 193. 560 INDEX. Courts-martial, composition of, 95. conduct in presence of, 80. evidence obtained, how, 156. execution of sentence of, 73, 77. fines imposed by, certified to, 241. for drafted militia, composed, how, 258. for field officers, 156. for offences not capital, 187. for trial of militia, 109, 478. garrison, or general, 73. general, organization of, 186. in army, 490. in District of Columbia, 155. may order imprisonment, 259. necessity for, to be reported, 81. number required to form, 79. oath of members of, 72. oath of witness before, 80, 189. ordered by whom, 79. parties tried by, entitled to copy of sentence, 191. powers of, 190. powers of garrison or regimental, 79. powers of officers ordering, 191. proceedings of, filed, 76, 81. rank of members of, 72, 79. regimental, 73. regimental, or garrison, powers of, 187. regimental, summoned, when, 182. sentence of death by, 72, 80, 190. sentences of, executed, 79. sentences of, in time of peace, 117. trials before, 189. votes of members of, 80. witnesses before, 72, 80. Court of inquiry, may exempt from duty, 157. oath taken by members, 157. proceedings of, authenticated, 192. Courts of inquiry, appointed by whom, 156. battalion, 231. organization and powers of, 82, 192. proceedings admitted as evidence, 192. prohibited, when, 82, 192. provided for musicians, 167. squadron, 232. Couriers appointed by brigadier-generals, 166. Cowardice or fraud, officers cashiered for, 81. officers cashiered for, 74. Creditors, protection against, prohibited, 68. Crime, capital, officer or soldier accused of, 68, 181. insane persons charged with, 446. officers charged with, 189. Crimes not capital, punishment of, 76, 194. punishment of, 73. Criminals, insane, 446. Croghan, Colonel George, gold medal to, 333. I^DEX. 561 Gushing, Major, pay of, as inspector, 122. Custom-house, removal of, to secure place, 464. Customs, protection of officers of, 464. D. DATES of commissions, effects of, on rank, when, 185. Death, limitation of sentence of, 76. sentence of, 81. sentence of, by court-martial, 72, 190. Debts, payment of, enforced, 281. Deceased officers, effects of, 74. Decision of disputes between different corps, 73. Declaration of war between Great Britain and United States, 230. Defalcations, act to prevent, 317. act to prevent, explanatory act, 336. Defaulter, penalty to be subject to, 524. Defence of frontier, 329. of ports and harbors, 104, 118, 120. Delinquent, non-appearance of, at court-martial, 258. Department of war established, 85. on Indian affairs, organization of, 333. Deputy adjutant-generals, 123. commissaries of ordnance, 246, 250. commissary, pay of, 219. inspector-general, ex officio deputy adjutant-general, 137. rank and pay of, 137. paymaster-generals, appointment of, 385. paymasters, duties, &c. of, 137. to give security, 137. quartermaster, appointment of, 246. pay, &c. of, 93, 218. quartermaster-general, rank and pay of, 136. Deserters in time of peace, 322. not to receive bounty land, 439. officers receiving, cashiered, 179. officers registered as such, when, 487. penalty for entertaining, 66. reward for apprehension of, 82. search to be made for, 82. Desertion, act to prevent, 328. additional penalties for, 240. law in regard to punishment for, repealed, 329. penalty for advising, 66. penalty for encouraging, 113, 116, 179. 214. punishment for, 66, 147, 178. re-enlistment before discharge is deemed, 66. Desertions, reports of, 82. Detached officers, rank of, 213. Disabilities, compensation for, 222. Disability, compensation in case of, 326. Disabled officers and soldiers, 239. Disbandment, provision for, 476. of volunteers, 466. Disbursement of money by engineer officers, 352. 36 562 INDEX. Disbursement of public money, 311. of public money, allowance for, 357. no extra allowance for, 353. of public revenue, 449. Disbursements for construction of fortifications, &c., 348. Disbursing officers, delinquency of, 303. officers, settlement of accounts of, 523. Discharge for physical disability, 503. from military asylum, 415. of military forces at close of war with Mexico, 399. of non-commissioned officers and soldiers, 64, 80. of officers or soldiers, 147. of sappers, &c. who served in Mexico, 403. of soldiers who served in Mexico, 397. omission of certificates in cases of, 277. Discharged officers and soldiers, allowance to, 211. arms presented to, 216. pay allowed to, 141. Discharged officers, extra pay to, 387. Discharges, granted by whom, 176. Discipline, rules of, observed by militia, 99. Dismissal of commissioned officers, 73. of officers, 73, 80. Disobedience of commands punished, 64. to President, penalty for, 95. Distillery, penalty of setting up in Indian country, 332. Distress, warrant of, 301. Distribution of arms to states, 435. District attorneys, duty of, 356. District of Columbia, act for arming militia of, 314. arrest of officers in, 155. enrolment of militia, 155. form of oath of officers, 155. invasion of, 166. organization of militia in, 149, 151. professors, &c. exempt from militia duty, 314. District paymasters, appointment of, 227. Districts, alteration of company or battalion, 154. militia, how designated, 154. Divine service, deportment during, 63. officers and soldiers should attend, 174. troops desired to attend, 63. Division, commanded by whom, 136. Division-inspector, pay of, 137, 259. rank of, 257. Division-quartermaster, pay of, 136. rank of, 257. quartermasters, pay of, 259. Divisions of militia, formation of, 98. Dragoons, bounty to regiment of, 386. clothing for, 115, 138. officers of, arms, &c., 98. organization of regiment of, 329, 337. of squadron of, 92. pay of officers of, 143. INDEX. 563 Dragoons, President may arm, 92. reduced, 358. regiment of, 252. surgeon's mate to regiment of, 230. to serve dismounted, 92. troop of, 252. Drivers of artillery, 228. Drunkenness of officers, penalty for, 183. on guard or other duty, penalty for, 70. Duncan, Ensign Joseph, sword presented to, 333. Duelling, penalty for, 66. Duels forbidden, 179. Duties of accountants of war and navy departments, 209. of adjutant, 162. and inspector of army, 142. of adjutant-general, 99, 150. of militia, 150. of apothecary-general, 129. of assistant adjutants-general, 343. of assistant secretary of war, 480. of attorney-general, 356. of auditors in treasury department, 280. of board of visitors to insane hospital, 437. of brigade-inspector, 100, 162. of brigade-major, 260. of brigadier-general, 142. of chaplain of regiment of volunteers, 470. of chaplains, 346. of chief clerk of department of war, 86. of citizens enrolled, 96. of collector of port, 464. of colonel of corps of topographical engineers, 418. of ordnance department, 263, 264, 265. of commander of corps of cadets, 355. of commanding officers, 66, 178. of commissary-general, 226, 286. of ordnance, 226. of purchases, 218. transferred, 360. of commissary of musters, 65. of commissioners of military asylum, 456. of pensions, 515. of comptroller of treasury, 209, 281. of conductor of artillery, 252. of court of inquiry, 157. of deputy paymaster-generals, 385. paymasters, 137. quartermaster-general, 136. of district attorneys, 356. paymasters, 326. of engineers at West Point, 148. of engineers limited, 186. of enrolled citizens, 96. of forage-masters, 220. of hospital mates, 130. ~j> >4 INDEX. Duties of hospital-surgeons, 130. of inspectors, 88. of inspector-generals, 496, 499. of inspector of fortifications, 137. of judge-advocate, 79, 187. of keepers of magazines and arsenals, 264. of legionary commanders, 153. of light-house board, 424, 425, 426. of marshals, 110. of medical board, 131. cadets, 482. inspector-general, 502. inspectors, 502. purveyors, 502. storekeepers, 504. of military agents, 146. board for examination of officers, 470. of officers and soldiers at musters, 159. of officers in pay department, 372. issuing clothing or supplies, 315. receiving public money, 301. of ordnance sergeants, 322. of paymaster of legion, 165. of paymasters, 256, 273, 274. of pension agent, 516. of pensioners, by whom performed, 272. of physician-general, 129. of professor of chemistry, military academy, 347. of purveyor of medical department, 130. public supplies, 107. of quartermaster-general, 218. of quartermaster's department, 315. of secretaries of executive departments, 356. of secretary of war, 85, 86, 243. of signal officer, 459. of superintendent of artificers, 223. of coast survey, 418. of insane hospital, 438. of military supplies, 242. of sutlers in volunteer service, 496. of treasurer, 280. of two officers, compensation for, forbidden, when, 422. of wagon-masters, 219. on arms imported into United States, 500. on imports, collection of, 463. surplus of, pledged for paying interest of loan, 133. Duty, absence from, rules in regard to, 486. court of inquiry may exempt from, 157. hiring of, prohibited, 70. militia, persons exempt from, 97. of agents, 210. of captains in regard to enrolling, 96. of chaplains at " chaplain posts," 527. of clerk of " returns office," 506. of commissioner of land office, 413. INDEX. 565 Duty of field officers, 533. of judge-advocate, 191. of paymaster may be assigned to any officer, 338. routine of, regulation of, 154. E. EFFECTS of deceased officers, 74, 192. soldiers, 74, 193. Embezzlement, failure to keep moneys treated as, 182, 450. failure to make deposits punished as, 450. punishment for, 182, 431. waste, &c. of military stores, 68. Emigration of African race, 523. Enemy, correspondence with, prohibited, 71. misbehavior before, punishment for, 184. penalty for misbehavior before, 70. for relieving, 71. public stores taken from, 71. punishment for corresponding with, 185. for relieving, 185. Engineer, assistant, pay of, 279. corps, officers from, to superintend construction of light-houses, 419. department increased, 481. soldiers, 369. soldiers, three companies of, pay, &c. of, 482. Engineers and artillerists, corps of, established, 104. teachers for, 128. Engineers, assistant of corps of, 327. civil employment of, repealed, 343. corps of, 223, 307. commander of, 226. completed, 111. organized, 148. pay of, 342. duties of, limited, 186. may be transferred, 186. number of officers increased, 488. officers, &c., of corps of, governed, how, 193. promotion in corps of, 430. two appointed with rank of lieutenant-colonel, 137. topographical, corps of, increased, 343. promotion in corps of, 430. Enlisted men, pay of, 143. Enlistment, certificate of, 64. during tour of militia duty, 238. oath of, 64, 176. by whom administered, 455. of minors, 261. of volunteers, term of, 466. term of, 87, 90, 92, 111, 122, 146, 210, 250, 328, 346, 369, 378, 475. Enlistments, allowance for obtaining, 250. bounty for, 87, 90, 92, 111, 122, 128, 135, 146, 211, 214, 237, 250, 378. bounty for, abolished, 329. during war with Great Britain, 237. 566 INDEX. Enlistments, encouragement of, 250, 408, 539. for ordnance department authorized, 374. in charge of whom, 476. in regular army encouraged, 378. suspended in year 1800, 139. to serve against United States, punishment for, 488. without consent of parents or guardians, 261, 410. Enrolment, conditions of, 153. in militia of District of Columbia, 155. notice of, 155. of militia, 95, 151. penalty for withdrawal from, 153. Ensigns and cornets denominated second lieutenants, 134. and cornets, pay of, 93, 118, 143, 272. Equipage for cavalry, 125. Escape of prisoners, 74, 81. Estimates for executive departments, 453. Establishment, military. (See MILITARY ESTABLISHMENT.) Ethics, professor of, at military academy, pay of, 356. Evidence for trials by court-martial, obtained, how, 156. in bounty-land cases, 442. in regard to title to pensions, 366, 400, 407. of service, 443. of title to pensions, resolutions in relation to, 400, 407. parol, 443. record, 443. refusal to give, before court-martial, 72. rules of, 259. Execution of sentence of court-martial, 79. Exemption from military duties, 167. Expeditions against friendly powers prohibited, 292. Expenditures, account of, laid before Congress, 121. Expenses, appropriation for, 91. appropriation for civil and diplomatic, 422. extra, incurred by officers, 147, 240. for subsistence, &c. of volunteers before being mustered, 389, 392. incurred by States and in~t, :>4">. of pay and commissary departments, how appointed, 275. of pay department, rank of, 385. of quartermaster's department, 286. of regular forces, rank of, 75. of revolution in continental line, pay of, 318. of volunteer companies, 126. of volunteer forces, 467. of volunteers, promotions of, 255. rank and pay of, 468. or agents offending, dismissed, 311. of United States, to account quarterly, 311. ordering court-martial, powers of, 191. pay of, 112, 126. breveted, 235. foreign, 325. penalty for drunkenness of, 183. for returning fugitives, 194. INDEX. 581 Officers, powers of, to quell quarrels, &c., 179. prohibited from making contracts, 205. public, provisions in case of sickness of, 101. punished as challengers, when, 66, 179. punishment of, 260. for traitorous words, 64. rations of commissioned, 88. receiving deserters, cashiered, 179. recruiting, allowance to, 92. redress of wrongs of, 77. required to act with decorum, 74. required to subscribe to rules and articles of war, 63. retained, to subscribe to rules, &c., 63. retired, 484. staff, commissions of, conferring equal rank in army, 374. . of army, provide seamen, &c., 262. subscribe to rules and regulations, 174. supernumerary, discharged, 387. suspension of, 81. taken from line to staff, rank and pay of, 343. taken from the line, 266. ten regiments shall take rank, how, 384. to subscribe to rules and articles of war, 63, 174. trials of, 80, 189, 321. waiters, 235, 253. widows and orphans of deceased, 119. wrongs of, redressed, 181. Offices abolished, 279, 360. Official business free from postage, 235. Ohio volunteers, pay of, 471. Opposition to laws of United States suppressed, 94, 109. Order, commanding officers shall keej) good, 180. for admission into hospital for insane, 461. Orders distributed, by whom, 99. of brigadier-generals, how conveyed, 166. Ordnance corps, promotion in, 430. provisions of pension laws extended to, 392. department, additional workmen authorized, 374. armories under direction of, 265. enlistments for, authorized, 374. established, 226. increased, 345, 386, 481. merged in artillery, 307. officers assigned to duty same as engineers, 276. officers may be transferred, 265. officers of, to be superintendents of armories, 359. organization of, 322. pay, additional, of officers, 345. of additional officers, 386. discharged, when, 387. pay of officers, 265. pay of principal assistant in, 410. President authorized to increase, 386. reorganized, 263, 322. salary of storekeepers of, 429. 582 INDEX. Ordnance, deputy commissaries of, 250. lieutenants, number of, limited, 352. regulation of, 250, 263, 265. sergeants, pay and duties of, 322. storekeepers as paymasters, pay of, 348. Oregon, military stations on route to, 371. Organization of adjutant-general's department, 480. of army corps, 533. of army for Mexican war, 368. of army of United States, 230, 294, 358. of artillery, 78, 88, 92, 114, 120, 133, 142, 200, 252, 306, 341, 473. of brigades, &c., 97. of cavalry, 134, 212, 230, 473, 534. of company of engineers, 120. of. company of grenadiers, 98. of company of riflemen, 200, 251, 371. of corps of engineers, 148. of department on Indian affairs, 333. of engineers for survey of Pacific railroad, 430. of engineer soldiers, 482. of general staff, 272. of infantry, 78, 83, 88, 92, 114, 127, 133, 142, 200, 212, 230, 238, 307, 341, 383, 473. of military establishment, 480. of militia, 531. of militia in District of Columbia, 149, 151. of ordnance department, 322. of rangers, 325. of regiment of dragoons, 114, 127, 200, 212, 230, 252, 329, 337, 383. of treasury department, 301. of troops lor Mexican war, 368. of volunteer military corps, 215, 235. of volunteers, 199, 336, 375, 467, 472. of volunteers for defence of Texas, 451. Original rules and articles of war, 63. P. Pacific railroad, appropriation for survey of, 430. Parade, officers and soldiers must repair to, 183. penalty for absence from, 70. Parades, limits fixed, 161. Pardon and mitigation of punishment, 77. may be extended to participators in rebellion, 523. of punishments, 77. or mitigation of punishments, 191. Pardons, power to grant, 77. Patented inventions of arms, &c., restrictions in regard to purchase or use of, 460. Patent for lost land warrants, how procured, 277. Patients, directions for admission into hospitals, 130. in hospital for insane, 446. Pay, additional, to officers, 267, 317. to officers of ordnance department, 345. to troops, 106. INDEX. 583 Pay, additional, to wagon-masters, 283. allotments of, 41.) 1. allowed to officers and soldiers discharged, 139, 141. and allowance of brigadier-generals, 213. of major-generals, 213. of major-generaPs aids, 213. of officers and soldiers, 213. of troops in 1787, 83. and emoluments of mounted riflemen, 371. of staff, 275. and rations of militia, 166. and subsistence of soldiers, 128. of waiters, 235. arrears of, 146, 239. assignment of, invalid, 101. bounty, &c. of additional regiment of artillerists, 120. department, 273, 402. additional paymasters appointed in, 372. of army increased, 385. pay of, 347. rank of officers of, 385. &c. during captivity, 254. extra, allowed to officers and soldiers who served in Mexico, 400. for re-enlistments, 329. to chaplains in California, 435. to discharged officers, 387. to mounted riflemen on Oregon route, 430. to officers and men serving in California, &c., 410. to paymasters during Mexican war, 396. to soldiers acting as cooks and nurses, 444. to soldiers in Oregon, California, and New Mexico, 423 to soldiers on fatigue duty, to cooks and nurses, 444. to soldiers who re-enlist, 432. to soldiers who served in Mexico, 387, 400. to troops at Fort Laramie, 435. for altering clothing, 138. half, to certain widows and orphans, 454. to widows or orphans, 338, 414. increased, of soldiers, excludes officers, 525. not transferable, 325. officers entitled to, only for service, 124. officers entitled to, only when in service, 132. of adjutant, 143. and inspector of army, 143. of adjutant-general, 308, 383. and assistants, 481. of adjutant-general's assistant, 140, 343, 364, 374. of aids-de-cainp, 90, 143. of apothecary-general, 246. of army of United States, 234. on fatigue duty, 294. of artificers, 143. of assistant adjutant-general, 140, 343. of assistant apothecaries, 254. engineer, 279. 584 INDEX. Pay of assistant inspector-generals, 480. of assistant military agents, 143. &c., of assistant paymaster, 256. of assistant secretary of war, 480. of assistant surgeon-general, 502. of barrack-masters, 229. of blacksmith, 230. of breveted officers, 235. of brigade bands, 526. of brigade-inspector, 137. major, 90, 228. quartermaster, 136. of brigadier-general, 90, 142, 234. of brigadier-general's aid, 137. of cadets, 143. at West Point, 451. of captain, 143. of cavalry, 93. of certain officers, &c., 475. officers of quartermaster's department, 481. of chaplains, 90, 346, 380, 527. of chaplains increased, 448. of chief of ordnance, 481. of clerk of " returns office," 506. of clerks in quartermaster-general's office, 219. of commissary-general, 219. of superintendent of military supplies, 244. of colonel, 143. of colonel of ordnance department, 265. of commandant of cadets at West Point, 455. of commander of cadets, 355. of commissaries, 244, 321. of ordnance, 250. of subsistence, 481. of commissary-general, 286. of purchases, 219. of commissary of ordnance, 226. of purchases, 274. of commissioners to assess damages to railroads and telegraphs, 493. of company officers of volunteers, 507. of comptroller and auditors, treasury department, 282. of conductor of artillery, 252. of corporal, 143. of corps of engineers, 342. of deputy commissaries of ordnance, 250. of deputy inspector-general, 137. of deputy quartermaster-general, 136. of discharged officers, 309. of division inspector, 137. of division quartermaster, 136. of dragoons, mounted and on foot, 330. &c., of engineer soldiers, 482. of enlisted man, 143. of ensign, 118, 143, 272. of female nurses, 483. I INDEX. 585 Pay of field or staff officers, 240. of first lieutenant, 143. of forage-masters, 220. of foreign officers, 325. of general officers, 242. of hospital stewards, 444, 501. of inspector-general, 308. and major-general, 123. of inspector of fortifications, 138. of inspectors, 88, 286. of inspectors-general, 489. of invalids, 112. of United States, 117. of judge-advocate, 215, 532. of judge-advocate-general, 532. of leader and musicians in bands, 526. of lieutenants, 118, 272. of lieutenant-colonel, 143. of light artillery, 387. of light-horse inspector, 425. of major, 143. of major-general, 90, 128. of major-general's aids, 137. of master-armorers, 448. of master of sword at West Point, 230, 431. increased, 447. of master-wagoners and wagoners, 481. of medical cadets, 482, 501. department, 347. inspector-general, 502. inspectors, 502. staff, 255. storekeepers, 504. of military agents, 143. secretary, 374. storekeeper at Watertown arsenal, 403. storekeepers, 274. of militia, 95, 354, 471, 477. increased, 293. in service, 87. regulated, 106. of musicians, 143. of negroes in service of United States, 535. of non-commissioned officers, &c., 236. officers and soldiers, 346. officers, &c., regulated, 106. of officers, 112, 116. and soldiers, 93, 239, 251, 323, 328. and soldiers in actual service, 134. and soldiers in volunteer service, 468. and volunteers, 126. assigned to cavalry duty, 525. increased, 447. of artillerists and engineers, 104. of artillery, 253. 586 INDEX. Pay of officers of dragoons, 143. of medical department, 130. of military peace establishment, 266. of militia, 259. of mounted riflemen, 326. of ordnance department, 265, 345, 386. of revolution in continental line, 318. of topographical engineers, 343. taken from line to staff, 343. of Ohio volunteers, 471. of ordnance-sergeants, 322. of pay department, 347. of paymaster-general, 137, 139, 273, 402. of paymaster of army, 137, 139, 143, 256, 273, 402. of paymaster of engineers, 224, &c. of paymasters, 308. of paymaster's clerk, 397. of paymasters of districts and assistants, 143. of pension agent, 516. of pensioners, 207. of physician or surgeon general, 246. of principal wagon-master, 219. of privates, &c., 143, 272, 489. increased, 489. of professors at West Point, 224, 347, 356, 421, 431, 447. of quartermaster, 90, 308, 344. of quartermaster-general, 217. of rangers, 211. of rank and file, act to increase, 432. of regimental bands, 475. &c. of regimental chaplains of militia, 259. of riding-master, West Point, 230. of saddlers and farriers, 216. of second comptroller, treasury department, 282. of second lieutenant, 143. of secretary of commander-in-chief, 228. of senior assistant instructors, military academy, 455. of sergeant, 143. of sergeant-major, 143. of sergeants of sappers, miners, and pontoniers, 369. of servants, 253. of signal officer, 459, 496. of soldiers, deduction reduced, 457. of soldiers of department of Missouri, 500. of stewards of hospitals, 344. of storekeepers, 448. of superintendent of artificers, &c., 223. of military academy, 410, 455. of superintendents at Springfield and Harper's Ferry, 278 of armories, 103, 140, 278, 349, 359. of surgeon, 143. of surgeon-general, 502. of surgeons and assistants, 480. judge-advocate, and chaplain, 285. of surgeon's mate, 143. INDEX. 587 Pay of teachers of music, military academy, 143. of third lieutenant, 237. of troops in 1785, 78. in 1787, 83. in 1789, 87. in 1790, 88. in 1791, 90. in 1792, 93. in 1794, 112. in 1796, 115, 116. in 1797, 118. in 1798, 123, 128. in 1799, 135. in 1802, 143. in 1808, 201, 202. in 1812, 213, 217, 218, 220, 223, 234, 235, 236, 245. in 1814, 252, 254. in 1815, 265, 266. in 1816, 275. in 1821, 308. in 1827, 317. in 1833, 328, 330. in 1834, 331. in 1838, 343, 348, 352. in 1846, 369, 374. in 1854, 432. in 1856, 444. in 1857, 450. in 1861, 468, 469, 471, 475, 477, 482, 488, 489. in 1862, 500, 509, 525, 527, 530, 532, 540. of volunteer and militia corps, 334. of volunteers, 532. &c., during war with Great Britain, 241. for defence of Texas, 452. &c. of volunteers, serving under Captain J. C. Fremont, 423. of wagon, forage, and barrack masters, 283. of wagoners, saddlers, &c., 469. of wheelwrights, &c., ordnance department, 226. of widows and orphans of militia, 293. receipt of, delayed, to be adjusted, 294. stoppage of, 258. to additional surgeons, 349. to commissioned officer deranged, 118. to conductors of artillery, 294. to widows and children of deceased officers and soldiers, 334. Paymaster, duty of, may be assigned to any officer, 338. general appointed, 118, 123. deputy, appointment of, 385. pay of, 137, 139, 143, 256, 273, 402. quarters of, 137. rank and pay of, 402. gives bonds, 146. of army, duty of 256. of engineers, 224. of legion, duties of, 165. 588 INDEX. Paymaster, pay of, 93. powers of, 146. subject to directions of President, 146. to' pay department, 342. Paymasters, additional, appointment of, 337. and their duties, 273. assistant, appointment of, 256. commissions to, 396. deputy, discharge of, at end of Mexican war, repealed, 393. district and regimental, 227. duties of, 326. drawn, how, 255. of the army, 142. of volunteers, nomination of, 385. of volunteers or militia, 348. pay, &c. of, 308. pay and allowances of, 402. regimental and battalion, duties of, 274. to give security, 137. . taken from whom, 273. Paymaster's clerks, citizens employed as, 347. pay allowed to, 397. rations for, 423. Payment for horses and property destroyed in service of United States, 404. of expenses incurred by the States, 472. of officers of volunteers, 507. of pensions, 441. of surplus adjutants and quartermasters, 533. of sutlers, 498. Payments for public lands, 222. Penalties, additional, for desertion, 117, 240. chaplains, for undue absence, 63. for delinquencies, 163. for exciting mutiny, 64. for misbehavior during divine service, 63. for omitting the suppression of mutiny, 64. for profane swearing, 63. Penalty for abandoning a post, 70, 184. for absence from parade, 70. for absence without leave, 66. for accepting a challenge, 179. for advising desertion, 66. for chaplain to absent himself without leave, 63. for chaplains refusing to join the army, 380. for creating false alarms, 70. for desertion, 66. for disobeying orders of President, 95, 478. for drunkenness of officers, 183. for drunkenness on guard or other duty, 70. for duelling, 66. for embezzlement of money, 182. for encouraging desertion, 179, 214. for entertaining deserters, 66. for exciting mutiny, 64. INDEX. 589 Penalty for failing to endeavor to suppress mutiny, 64. to give notice of muster, 159. to make returns of contracts, 505. for failure of duties of commanding officers, 66. for false affidavit of return of contract, 505. certificate, 65. musters, 65. returns, 65. for forcing safeguard within United States during rebellion, 495. for hiring another to do duty, 183. for improper behavior of officers, 74. for introducing spirituous liquors among Indians, 494. for leaving post or colors in search of plunder, 71, 184. for lying out of quarters without leave, 69. for member of Congress entering into contracts, 204. for misapplication, &c. of public money, 69. for misbehavior before the enemy, 70. for neglect of duty of adjutant, 162. of brigade-inspector, 162. of collector of court of inquiry, 165. of officers, 160. of horse, arms, &c., 182. to make reports of prisoners, 190. for non-attendance at court-martial as witness, 258. for obstructing railroad and telegraph lines, 492. for officers drawing pay for servants, 525. for omission of duties of officers, 67. for omitting to wear uniform, 162. for re-enlistment without discharge, 179. for relieving the enemy, 71. for refusal of certificate of service, 154. to give evidence, 156. to obey orders of President, 157. for refusing to quell quarrels, &c., 179. for resistance to military superiors, 64. for returning fugitives, 194. for sale of provisions by officers, 67. for selling clothing without proper order, 182. for selling spirituous liquors to Indians, 332, 388. for sleeping on or leaving post, 70, 183. for striking superiors, 176. for taking consideration for making contracts, 518. for taking false oath of office, 508. for unlawfully entering into contracts, 205. for using profane oaths, 175. for wantonly injuring materials in armories, &c., 140. for waste of ammunition, &c., 69, 182. for withdrawal from enrolment, 153. for withholding pension, 515. Penitentiary of District of Columbia, confinement of those in military service, 518. Pension act of July, 1838, 363. agent forbidden to withhold, 515. agent, pay and duties of, 516. laws, provisions of, extended to ordnance corps, 392. 590 INDEX. Pension list, 195. officers and privates disabled, placed on, 248. persons to be placed on, 206, 248. rates of/215, 221. roll, 272. officers and soldiers of militia on, 272. rolls, names of rebels to be struck from, 493. to soldiers of department of Missouri, 500. Pensioners entitled to benefits of asylum, when, 416. inmates of military asylum, 456. in revolutionary war, 299. invalid, relief of, 206, 295, 327. pay of, 207. to surrender pensions while inmates of asylum, 456. Pensions, act to grant, 512. allowed to certain widows, 361. allowed to pilots, &c. of gunboats, &c., 516. applicants for, examined, 515. appropriation for payment of, 366, 457- commence when, 196, 514. compensation to agents for paying, 542. evidence relative to, 400. evidence required on application for, 407. fees for examining applicants for, 515. for disabled militiamen, 114. for wounds, 320, 500. granted for total disability, 457. granted to whom, 364. half pay, to widows and children, 295. increase of, 196. inmates of asylum to surrender, 456. invalid, 296. limitation of, 249. none paid to rebels, 491. paid, how, 197. paid to widows and children, 339. payment of arrears of, 320. provision for payment of, 355. rate of, 197. regulation of, 319. relinquishment of bounty land for, 269, 284. restricted in certain cases, 365. to Cherokee warriors, 357. to children of soldiers of revolution, prohibited, 501. to disabled officers and soldiers, 269. to disloyal widows, &c., prohibited, 514. to invalid soldiers, 89, 195, 271, 328. to mothers, 513. to officers and privates of revolution, 284. to orphan sisters, 514. to revolutionary soldiers, 364. to those engaged in revolutionary war, 313. to widows, 350, 419. to widows and children, 269, 283. to widows and orphans, 395. INDEX. 591 Pensions to widows, continued, 365. to widows having married, 340. to widows of revolutionary soldiers, 427. to widows of officers and soldiers of revolution, 395. to widows to cease on marriage, 390. to wounded officers and soldiers, 221. transfer of, not valid, 197. Percentage allowed paymaster of legion, 165. Perjury, punishment for, 259, 312. Permit to master of vessel to proceed to another port, 464. Physical disability, 503. Physician-general, appointment of, 123. duties of, 129. Physician or surgeon general, pay of, 246. Pillaging after victory, prohibited, 70. Pittsburg, pay of military agent at, 143. Plunder, penalty for leaving post or colors in search of, 71. Porter, Major-General, gold medal voted to, 268. Ports and harbors, appropriation for fortifying, 200. defence of, 102, 104, 118, 120. of delivery, execution of revenue laws at, 463. of entry, President empowered to close, 464. Post, commander of, compelled to abandon it, 185. penalty for abandonment of, 70. for leaving in search of plunder, 71, 184. for sleeping on, 70, 183. surgeons, 276. surgeons, number of, increased, 285. Postage, letters written by soldiers transmitted without prepayment of, 470. on letters and packages free, from whom, 219, 235, 247, 282, 287, 347. Posts forcibly surrendered by their garrisons, 71. surgeon's mates attached to, 170. Powers of courts of inquiry, 82. of judge-advocate, 79. Pre-emption payments, bounty land-warrants received, 420. President, acts, &c. of, after 4th March, 1861, legalized, 490. appoints commissioned officers, 93. officers, when, 203. authorized to accept volunteers, 198. to seize rebel property, 521. cessions of lands received by, 102. contemptuous words against, punishment for, 175. courts-martial appointed by, when, 321. duties of, in case of insurrection, 465. employs Indians, 94. may appoint officers to cavalry, &c., 153. may arm dragoons, 92. may call out militia, 87, 89. may order court-martial, 155. may organize militia in District of Columbia, 152. of court-martial may summon witnesses, 258. officers appointed at discretion of, 90. of light-house board, 425. paymaster subject to directions of, 146. penalty for disobedience to, 95. 592 I N D E X. President, penalty for refusal to obey orders of, 109. powers of, during recess of Congress, 122, 126, 128, 132, 169, 176, 203, 208, 209, 212, 220, 235, 236, 239, 246, 249, 256, 326. power of, relating to sentences by court-martial, 117. to accept and discharge troops, 124. to accept volunteers, 123. to allow additional rations, 144. to appoint commissaries, &c., 244. to appoint court-martial, 186. to appoint inspector-general, 123. to appoint lieutenant-general, 123. to appoint officers, 126. to arrest officers, 155. to call cavalry, 93. to call forth militia, 94, 108. to call militia on an invasion, 165. to commission officers, 132. to discharge troops, 113, 132. to establish foundries, &c., 121. to grant discharges, 176. to organize troops, 92, 122. to organize volunteers, 132. to procure cannon, &c., 102, 121. to raise provisional army, 122. to raise troops, 93, 113, 131. to sell or loan artillery, &c., 126. to transfer appropriations, 298. power vested in, to suppress rebellion, 477. prescribes army uniform, 194. proclamations of, approved, 490. Prices for houses, &c. for sutlers, 180. of articles sold by sutlers, 497. Principal artificer, monthly pay of, 93. Prisoner, officers required to receive, 189. Prisoners before court-martial, 188. of war in Mexico, money paid to, in lieu of subsistence, 401. time of imprisonment, part of service, 327. refusal to receive, 74, 81. release and escape of, 74, 81, 189. reports of, 74, 81. Privates, certificates of absence, by whom given, 177. exempt from arrest, 125. number of, in volunteer company, 373. of first class, ordnance department, 509. of second class, ordnance department, 509. pay of, 93, 143, 352. Proclamation to insurgents to disperse, 94. Professor of chemistry in military academy, pay and duties of, 347. of Spanish at military academy, pay of, 447. Professors at West Point, allowance to, 441. in military academy, 224. Promotion in quartermaster's department, 344. Promotions, 254, 432. and appointments, 374. in corps of engineers, 148, 430. INDEX. 593 Promotions of medical officers, 503. Property, destroyed or protected, when, 184. of rebels, condemnation and sale of, 522. Proposals for contracts, 460, 462. Provisions, additional allowance of, 106. allowance of, on frontiers, 112. brought into forts or garrisons, 67. forage, &c. sold without order, 182. introduction of, into forts or garrisons, 76. officers not to be interested in sale of, 180. to see that sutlers supply good, 180. prices of, furnished by sutlers, 67. ration of, 138. Proviso as to appointments from the line, 88. regarding pay of troops, 88. Provost-marshal appointed by legionary courts of inquiry, 158. Public contracts, 203. money, accounts of receipt of, 524. stores, taken from enemy, 185. Punishment, corporeal, limitation of, 190. for absence from camp, 183. for aiding in a rebellion, 520. for aiding or abetting desertion, 113, 116. for behaving with contempt, 258. for corresponding with enemy, 185. for crimes against United States, 288. for desertion, 147, 178. for drunkenness on guard, 70. for embezzlement, 431. for exciting mutiny, 175. for making known watchword, 184. for perjury, 259. for recruiting for service against United States, 488. for relieving enemy, 185. for sleeping upon post, 70, 183. for traitorous words, 64. &c. against Congress, 63. for unlawful release of prisoners, 189. limitation of corporeal, 81. mitigation of, 75, 77, 191. of captain of ship for aiding deserter, 116. of crimes not capital, 76. of officers, 260. of spies, 495. pardon of, 75, 77, 191. Punishments authorized by articles of war, mitigation of, 77. pardoned, by whom, 77. Purchasers of confiscated rebel property, 522. Purchases and contracts, regulations in regard to, 129, 460. of supplies, proposals for, 210. Purchasing department, 274. Pursers of navy, bonds given by, 210. Purveyor, office abolished, 129, 219. of medical department, duties of, 130. of public supplies, 107. 38 594 INDEX. Q. QUARRELS, officers have power to quell, 179. Quartermaster, additional, during Mexican war, 379. general, absence of, provided for, 338. additional rations to, 387. allowance to, for rent, clerk-hire, &c., 229. appointment of, 115, 118, 123, 128, 136, 217, 308. assistants of, 217, 246. contingent expenses of, 229. duties of, 217, 246. not responsible for certain moneys, 229. pay of, 118, 136, 217. prohibited from trade in supplies, 219, 227. repealed, 229. rank of, 118, 136, 217. general's department, special commissaries in, 244. lieutenants, having appointments of, .3Kt pay of, 90, 93, 344. rank of, 93, 344. regimental, 379. sergeant, regimental, pay of, 469. sergeants, pay of, 526. to give bond, 229. Quartermasters, additional, appointed, 259, 379. appointment of four, with rank of major, 382. of ten assistant, 382. assistant, pay of, 378. discharge of, at end of Mexican war, repealed, 393. vacancies not to be filled at end of Mexican war, 393. drawn, how, 255. not taken from line, 255. of brigade, rank of, 257. pay of, 308, 379. rank of, 308. regimental, 379. Quartermaster's department, additional duties of, 315. additional officers in, 316. appointment of officers of, 274. established, 217, 228. increased, 344, 481. officers of, 286. officers to give bonds, 274. officers to take oath, 217. promotion in, to rank of major, 374. storekeepers in, 510. Quarters, or barracks, construction of, 456. officers and soldiers to lie^n their, 183. orderly behavior required in, 71. penalty for lying out of, without leave, 69. retiring to, at retreat beat, 69. Quelling frays and quarrels, 66. Quitman, General, sword voted to, 389. INDEX. 595 R. RAILROAD, extension of, by order of President, repealed, 542. lines, President may take possession of, 492. Railroads seized for use of United States, damages assessed, 492. Rangers, additional companies of, 233, 242. appropriation for raising company of, 233. dragoons established instead, 329. organization of, 211, 325, 451. pay of, 211. Rank and compensation of teamsters, 384. and file of army, increase of, repealed, 397. and pay of staff, 245. brevet, 234, 235. commissioned officers take, how, 99. of adjutanthgeneral, 308, 383, 481. and assistants, 481. of assistant apothecaries, 254. inspector-generals, 480. surgeon-general, 502. of brigadier-generals of volunteers, 468. of certain officers of quartermasters department, 481. of chief of ordnance, 481. of commandant of cadets at West Point, 455 of commissaries, 321, 481. of subsistence, 481. of commissary-general, 286. of ordnance, 226, 250. of deputy commissaries of ordnance, 250. inspector-general, 137. quartermaster-general, 136. . of detached officers, 213. of division-inspector, 257. quartermaster. 257. of hospital stewards, 444. of inspectors-general, 308, 489. of inspector of fortifications, 138. of judge-advocate, 532. of judge-advocate-general, 532. of major-generals of volunteers, 468. of master-wagoners and wagoners, 481. of medical cadets, 482. of medical inspectors, 502. of medical inspector-general, 502. of members of courts-martial, 72, 79. of officers appointed inspectors, 136. of militia and regular army, 194. of pay department, 385. of regular forces, 75. taken from line to staff, 343. of paymaster-general, 402. of quartermaster-general, 217. of quartermasters, 308, 344. of brigade, 257. of signal officer, 459. 596 INDEX. Kank of superintendent of military academy, 455. of surgeon-general, 502. of surgeons and assistants, 480. rations furnished according to, 144. relative, between officers of army and navy, 517. seniority of, disregarded, when, 539. Ranks, quitting of, prohibited, 70. Rate of forage, 276. Rates of pension, 221. Ration, additional, for every five years' service, 346, 352. to subaltern officers, 276. estimated, 144. increase of, during rebellion, 484. of provisions, 138. President may alter, 286. Rations, additional, to captains, &c., 317. to certain officers, 387. to whom granted, 352. allowance of, 89. on frontiers, 116. to certain officers, 361. alteration in certain, 459. and clothing, 78. augmentation of, 105. back, 351. commutation for, 203. composition of, 88, 93, 112, 144, 213. double, to commandants of posts, repealed, 486. doubled, when, 118. for majors, 118. for paymaster's clerks, 423. furnished according to rank, 144. increase of, to surgeons, &c., 331. money in lieu of, 88, 93, 144, 203, 215. of commissioned officers, 88, 93, 112, 116, 118, 144, 201, 202, 266, 387. of female nurses, 483. of matrons and nurses, 144. of medical cadets, 501. staff, 255. of sergeants of sappers, miners, and pontoniers, 369. of servants, 144. of soldiers, 88, 93, 111, 112, 115, 118, 138, 266, 346. of subalterns of sea-fencibles, 253. of women, 144. Rebellion, punishment for aiding, 520. African race may be employed to suppress, 523. Rebels, property of, to be confiscated, 519. Receipt, duplicate, for public moneys, 450. Recruit, sum allowed for each, 91. Recruiting, commissioned officers employed in, 115. for service against United States, punishment for, 488. officers, sum allowed to, 92, 111, 128, 135, 237, 239. ' service, 145. suspension of, 210. Recruits, age of, 87, 88, 128, 238, 239, 260, 495. INDEX. 597 Recruits, articles of war to be read to, on enlistment, 64, 176. . bounty to, 90, 92, 128, 239, 261, 532. Redress of grievances of commissioned officers, 68. of inferior officers, 68, Reduction of military establishment, 476. Re-enlistment before discharge, desertion, 66. of troops, 83. Re-enlistments, act to encourage, 250. certain regulations in regard to, abolished, 483. extra pay for, 329. in lieu of bounty, 348. regulations in regard to, 251. without discharge, penalty for, 179. Refusal of certificate of service, penalty for, 154. to receive prisoners, 74, 81, 189. Regiment, additional, of artillerists and engineers, 119. organization of, 90. of artillery, organization of, 134. of cavalry, organization of, 134. of dragoons, bounty to, 386. organization of, 329. of infantry, organization of, 88, 114, 342. of riflemen, organization of, 371. Regimental bands abolished, 526. pay of, 475. court-martial, powers of, 187. summoned, when, 182. courts-martial, 73. paymasters, 228. pay, &c., of, 273. to give security, 137. quartermasters, pay of, 259, 379. Regimentals, color and fashion of, 98. Regiments, additional, raised, 127, 436. colors for, by whom provided, 98. consolidation of, 387. deficient, consolidated, 254, 387. enlisted for five years, 251. number of, in regular army, 473. of artillerists, 142. of artillery, organization of, 252, of infantry, 142. completed, 92. organization of, 127, 133, 238. of riflemen and light infantry, 347. organization of, 97, 383, 474. Regulations, general, to be prepared by secretary of war, 246. subject to alterations, 275. in relation to cadets, 225. Reimbursement of volunteers, 479. " Relatives," definition of the term, 391. Release and escape of prisoners, 74, 81, 189. Relinquishment of bounty land for pensions, 269, 284. Rendezvous, allowance for travelling to, 334. expenses of marching militia to, 259. 598 INDEX. Repeal of act of September 29, 1789, 89. Report of board for examination of officers, 470. of clerks made annually to Congress, 362. of examination of military academy, 459. of light-house establishment of United States, 419. of superintendent of artificers, 223. Reports, daily, of prisoners, 81. of colonel of ordnance, 264. of contracts, 528. of desertions, 82. of paymasters, 274. of prisoners, by whom made, 190. of surveys of Pacific Railroad route, 430. Reproachful speeches, &c. prohibited, 66. Resistance to military superiors, 64. Retired list, 528. Retired officers, 484. President may assign duties to, 486. Retreat, beat, retiring to quarters at, 69. beating of, 183. Return of adjutant-general, 100. Returns, abstracts of, made annually, 99. annual, of brigade-inspector, 100. forms of, furnished by brigade-inspector, 159. made by brigade-inspector, 162. monthly, 66. remitted to department of war, 178. of companies, how made, 160. of contracts, penalty for failing to make, 505. of legions, 160. of militia, by whom received, 99. made annually, 151. " Returns Office" established, 505. of superintendent of stores, &c., 227. penalty for false, 65. Revenue from duties on imports, collection of, 463. laws, execution of, at ports of delivery, 463. Revolution, relief of officers and soldiers of, 327, 330. Revolutionary soldiers, bounty lands to, 440. pensions to, 296. provision for widows of, 390. Reward for apprehension of deserters, 82. Riding-master to regiment of cavalry, 230. Riflemen, mounted, 384. extra pay of, on Oregon route, 430. number of privates in each company, 251. one company to each battalion, 98. organization of battalion of, 136. of regiment of, 251, 371. pay of officers of, 326. raised for defence of frontier, 325. regiment of, 347. remounted, 364. Rio Grande, officers and soldiers who fell at, 377. Ripley, Brigadier-General, gold medal voted to, 268. INDEX. 599 i Rock Island, arsenal at, 511. Rocky Mountains, mileage to or from stations east or west, 526. Rules and articles for government of armies of United States, 174. of war, 63. 1806, established, 170. 1776, repealed, 195. inmates of soldiers' home subject to, 457. militia subject to, 477. mitigation of punishments authorized by, 77. officers governed by, 113. officers to subscribe to, 63, 174. to be read once in six months, 194. to be read once in two months, 75. to be read to recruits on enlistment, 64. troops governed by, 79, 83, 87, 113, 117, 145, 193, 239, 309,^436, 452, 467, 472, 477, 488, 531. and regulations for military asylum, 417. &c., officers retained to subscribe to, 63. S. Saddlers, pay of, 216, 469. Safeguard, penalty for forcing, 71, 495. Safeguards, 185. within United States, during rebellion, penalty for forcing, 495. Salaries of armorers, &c., 359. of officers, act providing for, 335. Salary, no additional, to officers on lighthouse board, 426. of assistant secretary of war, 480. of paymaster's clerk, 397. of storekeepers of ordnance department, 429. Sale of distrained goods, 110. of military sites, 448. of useless military sites repealed, 455. Sales of unserviceable arms, &c., by whom made, 314. or transfers of property of rebels, 521. Sappers and miners, 224. Sappers, miners, and pontoniers, organization of, 369. Scandalous behavior, 81. Schedule of articles to be sold by sutlers, 496. Scott, Major-General, appointed brevet lieutenant-general, 441. gold medal voted to, 267. thanks of Congress and gold medal voted to, 398. Scrip, bounty land or, to soldiers in Mexican war, 381. Seaboard of United States, defence of, 247. Second artificer, pay of, 93. Second lieutenant, pay of, 143. lieutenants, ensigns and cornets denominated, 134. Seconds, &c. deemed principals to duels, when, 179. Secretary, military, commanding general may appoint, 374. or commander-in-chief, 228. of treasury to pay costs, &c. for arming troops, 472. of war and clerks, oath of, 86. assistant, salary of, 480. compensation of, 429. 600 INDEX. Secretary of war, contracts to be made by, 139. duties of, 85, 86, 243. subject to President's instructions, 86. Secretaries of executive departments, duties of, 356. Senior assistant instructors at military academy, pay of, 455. Sentence, limitation of, 76. of cashiering to be published, 81. of court-martial, confirmation of, 187. execution of, 73, 77, 79, 186. party entitled to copy of, 191. of death, 81. by court-martial, 72, 80, 190. Sentences of courts-martial, confirmation of, 490. Sergeant, additional, allowed, 237. major, pay of, 93, 143. pay of, 93, 143. Sergeants, master-workmen of ordnance department designated as, 509. of ordnance department, 509. Servants, rations to, 144. Service bounty of volunteers, 532. certificates of, 154. dismissal from, at option of President, 529. divine, indecent behavior at, punishment for, 63. length of, how computed, 421. period of, 327. Shelby, Isaac, Governor of Kentucky, thanks of Congress and gold medal voted to, 294. Shipp, Ensign Edmund, sword presented to his representatives, 333. Sickness of public officers, provisions in case of, 101. Signal duty, 459. officer, rank and pay of, 459, 496. officers, pay of, 496. Signals, field, 459. Sites, military, laws authorizing sale of, repealed, 455. sale of, 295. Slaves of rebels to be deemed captives of war, 522. of traitors declared free, 519. Sleeping upon post, penalty for, 70, 183. Soldiers, act to improve condition of, 328. as servants or waiters, 276. charged with crime, 189. desired to attend divine service, 63. discharge of, 64. effects of deceased, 193. exempt from arrest, 215. number of commissioners of asylum for relief of, reduced, 456. one company added to topographical engineers, 488. pay and subsistence of, 128. reproachful speeches of, prohibited, 66. who served in Mexican war, entitled to extra pay, 394. Soldier's home, 457. duty of commissioners of, 458. Specie accounts, rendered, how, 243. Spies, 194, 495. punishment of, 495. INDEX. 601 Spirits, sugar arid coffee in lieu of, 346. Springfield, pay of superintendent of armory at, 278, 349. superintendent of armory at, abolished, 359. Squadron courts of inquiry, 232. Squadrons, 473. Staff, general, appointments in, 374. officers of, 94, 115, 116, 128, 136, 137, 142, 212, 226, 234, 307. organization of, 245, 272, 285. regulations for, 246. legionary, 162. may be taken from the line, 276. of lieutenant-general, 449. officers, commissions of, conferring equal rank in army, 374. of volunteers, how commissioned, 468. taken from the line, 245. organization of general, 245. pay and emoluments of, 275. Standards taken from enemy, disposition of, 257. Star on flag for every new state, 285. Statement of contracts, by whom made, 205. State legislature, traitorous words against, punished, 63. States indebted to the United States expend balances due, how, 119. militia officered by, 97. Stewards of hospitals, pay of, 344. St. Louis, Missouri, arsenal at or near, 316. Storekeeper, military, at Watertown arsenal, pay of, 403. Storekeepers, 309. at arsenals, salaries of, 359. medical, pay and duties of, 504. military, number of, 510. Stores, captains accountable for, 69. military, embezzlement, waste, &c. of, 69. public, taken from the enemy, 71, 185. Subaltern officers, additional ration to, 276. penalty for delinquency of, 163. Subalterns, 88, allowance to, 253. number of, to a company, 384. of sea-fencibles, rations to, 253. Sub-inspectors, 228. pay and appointment of, 123. Sub-legions, organization of, 111. Subsistence allowed to officers, 88, 93, 112, 116, 118, 128, 131, 139, 144, 201, 203, 266, 346. allowed to soldiers, 88, 93, 112, 116, 139, 144, 201, 203, 266, 346. department increased, 481. rate of commutation for, 88, 112, 203, 215, 447. Substitutes, regulations in regard to, 262. Sugar, allowance of, increased, 459. Summons, delivery of, 258. Superintendence of armories, 489. of military academy, 149. Superintendent-general of military supplies, appointment of, 242, 244. of armories, compensation of, 140. of Government Insane Hospital, 437. 602 INDEX. Superintendent of military academy, rank and pay of, 410, 455. of military supplies, office abolished, 279. Superintendents of armories, 359, 429. of armories at Springfield and Harper's Ferry abolished, 359. Supernumeraries, discharge of, 267. Supernumerary captains, 307. officers discharged, 387. Superiors, penalty for striking, 176. Supplies for army, how made, 286. medical, purchase of, 502. of army, provided for, 242. purchases and contracts for, 462. quarterly accounts rendered, 243. species and amount of, defined, 243. Surgeon-general, rank and pay of, 285, 502. Surgeons, additional, appointed, 201, 349, 459. discharge of, at end of Mexican war, repealed, 393. and assistants, appointment of, 380, 501, 507. appointment of additional, 338. pay of, 331, 480. assistant, discharge of, at end of Mexican war, repealed, 393. number of, 507. hospital, 213. number of, increased, 326. of volunteers, 507. pay of, 93, 143, 285, 309. withdrawn from their regiments, when, 130. Surgeon's mates, appointment of additional, 170. number of, increased, 91. pay of, 143. mate to regiment of dragoons, 230. Surplus adjutants and quartermasters, 533. " Surplus fund," 298, 422. of clothing furnished, 145. Surveyors at ports of delivery, powers of, 463. Surveys of roads and canals, 313. to determine site for light-houses, &c., 418. Suspension of officers, 81. Sutler, office of, how filled, 498. Sutlers and retainers subject to orders, 71."^ appointment of, 499. articles which may be sold by, 496. prices for houses or stalls let to, 67.^ prices of articles sold by, fixed, 67, 497. prohibited to appear at pay-table, repealed, 455. required to supply good provisions, 180. restrictions in regard to, 497, 498, 499. schedule of articles to be sold by, 496. shops closed when, 67, 180. sole, for regiment, 498. &c., subject to rules of war, 185. Sutler's lien on soldier's pay repealed, 385, 491. liens, 498. Swearing, penalties for profane, 63. Sword voted by Congress to nearest male relative of General Hamer, 389. INDEX. 603 Swords voted by Congress to Captain James Hunter, the eldest male repre- sentative of Lieutenant Benjamin Johnston, and to Lieutenants Cyrus A. Baylor, John Meek, Ensign Joseph Duncan, and the nearest male re- presentative of Ensign Edmund Shipp, 333. Swords voted by Congress to Generals Butler, Henderson, Twiggs, Worth, and Quitman, 389. System of military discipline, 247. T. TACTICS, infantry, cavalry, artillery, instructor of, 355. Taylor, Major-General Zachary, thanks of Congress and gold medal voted to, 377, 389, 398. Teacher of music at West Point, pay of, 143, 432. Teachers at West Point to be professors, 376. for artillerists and engineers, 128. for military academy authorized, 150. Teamsters, 384. bounty lands granted to, 439. Telegraph lines. President may take possession of, 492. seized for use of United States, damages assessed, 492. Term of enlistment, 92. of office, limited, 300. of service of volunteers, 471. Texas mounted troops, payment of, 399. Three-years' volunteers, 466. Title to land warrants, 453. Titles of lands for public buildings, 356. Topographical engineer department increased, 481. engineers, company of soldiers added to, 488. corps of, increased, 343. promotion in corps, 430. Traders, violence to, prohibited, 70. Training, place and time of, 160. Traitorous words, &c. against Congress, 63. punishment for, 64. Transfers of appropriations, 423. of claims, &c. void, 340. of land, 270. of pensions not valid, 197. Transportation of army supplies, 242. of troops, 493. Transport vessels, inspection of, 493. Treason, crime of, punished, 519. Treasurer, failure of, to keep safely public moneys, embezzlement, 450. to give duplicate receipt, 450. Treasury, agent of. attends suits against delinquents, 301. agent of, designated by President, 301. department, alterations in, 101. auditors and comptroller additional in, 279. duties of auditors, in, 280. establishment of, 129, 297. organization of, 301, 449. regulation of, 207. of United States, act to prevent frauds on, 427. pa Pr 604 INDEX. Trials before court-martial, 189. not capital, witnesses on, 80. of field officers, 73. of militia, courts-martial for, 109. of officers, 80, 189, 321. after release from arrest, 528. Troop of dragoons, 252. of horse, formation of companies of, 98. one for each division, 98. Troops, ardent spirits issued to, 138. clothing for, prescribed by President, 275. employed as garrisons, 102. enlistments and discharge of, 111. establishment of, in 1789, 87. governed by rules and articles of war, 79, 83, 87, 89, 113, 117, 145, 193, 239, 309, 436, 452. joining on marches, command of, 71. marching together, command of, 71. number of, limited, 472. organization of, in 1785, 78, 83, 133. y of, 78. resident has power to accept or discharge, 124. has power to organize, when, 122. has power to raise or discharge, 93; 113. proviso regarding pay of, 88. required in 1787, 83. transportation of, 493. vinegar issued to, 138. Trophies, preservation of, 436. Twiggs, General, sword voted to, 389. U. UNIFORM clothing, annual allowance of, 89. furnished, 145. of light artillery, 217. of light dragoons, 217. militia, established, 150, 2-">7. ' of army prescribed by whom, 194. partially retired officers may continue to wear, 486. provided for militia in District of Columbia, 153. officers on duty required to wear, 162. orders in relation to, 233. required to be worn by whom, and when, 167. Uniforms, color and fashion of, 167. United States and France, differences between, 127. Utah, quelling of disturbances in, 452. V. VACANCIES among officers of volunteers, how filled, 489. filled, how, 393. in army and navy filled, how, 133. in army filled by President, when, 128. in companies of volunteers, 470. in grade of major, adjutant-general's department, filled, how, 530. INDEX. 605 Vacancies in grade of surgeon, filled, how, 507. Vessel, destination of, may be changed in manifest, 464. Vessels and cargoes, detention of, until payment of duties, 464. armed, purchased, or chartered, for Mexican war, 368. foreign armed, force of, not to be increased in United States, 290. foreign, forfeited, when, 465. forfeited for entering unlawful service, 290. owners of armed, to give bond, 292. regulations in regard to, 291, 292. to be detained, when, 292. transport, inspection of, 493. Victory, pillaging after, prohibited, 70. Vinegar issued to troops, 138. Violence to persons bringing food, &c. punished, 184. Visitors at West Point, selection and appointment of, 376. of hospital for the insane, 437. Voluntary military corps, acts concerning, repealed, 240. Volunteer and militia corps, pay of, 241. corps and militia officered, how, 169. corps, payment of, 334. forces, organization of, 375. military corps, organization of, 215, 235. regiments, paid, how, 530. service, additional medical officers, 507. Volunteers, allowance to, for loss of horses, 123. and militia, payment of, 378. subsistence and forage of, 374. apportioned, 133. benefits of, same another troops, 337. clothing for, 389. damage or loss sustained by, 199. disbandment of, 466. employment of, to aid in enforcing laws, 466. exempt from militia duty, 126. field officers of, 126. for Mexican war, 367. furnished by states in proportion to population, 466. in service, 123. number of generals, limited, 468. limited, 466. one hundred thousand, accepted as infantry, 532. organization of, 199, 467. placed on pension list, when, 215. President authorized to accept, 123, 198. authorized to organize, 132. may accept such numbers as may be required, 479. promotion of officers of, 255. provisions for killed and wounded, 468. services of, accepted, 336, 472. not limited to any locality, 495. subject to army rules and regulations, 466. term of enlistment, limited, 466. time of service of, 132. to fill old regiments, footing of, 532. training and disciplining, 125. 606 INDEX. Volunteers wounded in Mexican war, 368. Votes of members of courts-martial, 72, 80, 188. Vouchers for disbursements, 256. W. W ABASH, relief of officers and soldiers who served on, 221. Wagon-masters abolished, 285. additional pay to, 283. appointment of, 246. bounty land granted to, 439. duties of, 219. employment of, 344. pay of, 219, 283, 469. re-established, 344. Waiters, officers', 253. pay and subsistence of, 235. soldiers taken as, 276. War, additional article of, 496. War and navy departments, exceptions in regard to purchases, 460, 462. articles of, levies governed by, 91. between United States and Mexico, prosecution of, 367. declaration of, between Great Britain and United States, 230. department, accountant of, 101. additional accountant appointed, 278. alterations in, 101. establishment of, 85, 129, 297. regulation of, 207. duties of chief clerk of department of, 86." secretary of, 85, 86. increase of military force in case of, 131. oath of secretary of, and clerks, 86. original rules and articles of, 63. secretary of, subject to President's instructions, 86. troops governed by articles of, 79, 83, 87, 89, 113, 117, 145, 193, 239, 309, 436, 452. Warrant of distress against delinquents, 301. Warrants charged to appropriations, 208. treated as personal chattels, 453. Washington, appropriation for defence of, 495. Waste and spoil prohibited, 71. of ammunition, &c., penalty for, 182. Watchword, law in regard to, 70. punishment for making known, 184. Watertown arsenal, pay of military storekeeper at, 403. Western military asylum, 449. appropriation for, 430. sale of, 458. site for, 424. to be abolished and site sold, 449. repealed, 458. West Point, allowance to professors at, 441. appointment of cadets to, 363. commandant at, 361. corps of engineers stationed at, 148. INDEX. 607 West Point, oath administered to cadets at, 483. pay of master of sword at, 431. professors, teachers, and cadets, 431. term for cadets at, increased, 348. Whipping abolished, 228. Widows and children of deceased officers and soldiers, pay to, 334. of officers, allowance to, 239. pensions paid to, 339. rights of, to pensions, 442. and heirs of pilots, &c. of gunboats, &c., 516. and orphans, bounty land to, 439. half pay to, 338, 414, 427, 454. of deceased officers, 119. of militia, provision for, 248, 293. claims of, 434. evidence necessary to entitle to pension, 367. half pay and pensions to, 350. having married, pensions to, 340. &c., of deceased soldiers, allowance to, 250. of officers and soldiers of revolution, pensions of, 395. of revolutionary soldiers, provision for, 390. pensions to, 419. Wilkinson, General, 122. Witness, punishment for refusing to testify, 258. Witnesses, before court-martial, 72, 80, 189. deposition of, taken as evidence, 80. Indians competent, 388. oath of, 82. oath of, before court-martial, 73. on trials not capital, 80. Women, rations to, 144. Wool, Brevet Major-General John E., thanks of Congress and sword voted to, 435. Words, contemptuous, punishment for, 175. Workmen in armories, services exempted from, 140. Worth, General, sword voted to, 389. Wounded or disabled militiamen, 100. Wounds, compensation for, 212, 239. disability by, &c., compensation, 202. pensions for, 320, 500. received during revolutionary war, 195. THE END. RETURN TO DESK ICH BORROWED CIRCULATION DEPARTMENT This book is due on the last date stamped below, or ^ - on the date to which renewed. ^pr DOOKS are suoiect to immediate recall. ip^^"^^ REG. C1B. MAY 23 76 KK-Wfcv/U 18Q * RFC. CIR A/m 1 ? fAn. ntu uin. Ub i "QQ , LD21 32m 1/75 General Library (S3845L)4970 University of California Berkeley YC 53698 U. C. BERKELEY LIBRARIES CDMTflSblfib If