Cornell University Library KF7250.A3 1858 The military laws of the United States, r 3 1924 020 035 659 (IJnrnpU Haw i>rl|onl Slibrary The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924020035659 RECOMMENDATIONS. From Lieut. General Winfield Scott, ?7. 8. A. Me. J. P. Callan, long known to me, and for years Clerk of the Senate's Military Committee, consulted me in advance as to his proposed publication of a new edition of the Military Laws of the United States, brought down to this date, (1858). Such a work appears very desirable, and Mr. Callan is highly qualified to undertake it. The plan which he has adopted, under careful advise- ment, is judicious and complete, and will, I doubt not, prove to have been executed with judgment and exactness. WINFIELD SCOTT. From Brevet Major-Gen. Thos. S. Jesdp, Qr. Mr. Gen. U. S. A. An edition of the Military Laws, which should' include the legislation of Congress in relation to the Army and the Militia, down to the present period, would be a valuable acquisition to the library of every officer in either service. I first suggested Such a work, and the late Col. Cross, under the authority of Mr. the late Secretary Calhoun, prepared it, — he compiled some years after a second edition; and the late Captain Hetzel published a third. Nearly twelve years have elapsed since the last edition was prepared, and another is now desirable, if not absolutely necessary. From the specipien I have seen of Mr. Callan's work, I am sure it will be just what is now wanted. THOS. S. JESUP. From Colonel S. Coopee, Adjutant General U. S. Army. I have examined as far as page 96, the compilation and arrangement of Military Laws, by Mr. J. E. Callan, and am of opinion that when com- piled upon the plan thus far pursued, it will be found to be a work of easy reference, and a desideratum to Military men and others who may have occasion to refer to its pages. S. COOPEE. From Hon. Jefferson Davis, ex-Sec. of War, and Ch'nMil. Com. U.S.S. A recompilation of the Military Laws is certainly needed for the pub- lic service, and as far as I have examined it, the execution of this work ' by Mr. J. P. Callan, seems to me to have been very ably performed. JEFFERSON DAVIS. As members of the Senate Military Committee we concur in the above : BENJAMIN FITZPATEICK, 'of Alabama. A. IVBESON, of Georgia. HENEY WILSON, of Massachusetts. PEBSTON KING, of New York. D. C. BEODBEICK, of California.- E. W. JOHNSON, of Arkansas. 2 RECOMMENDATIONS. From General James Shields, Senator from Minnesota. I have examined Mr. Callan's publication of the Military Laws of the United States and highly approve of the plan and arrangement. The notes, references and remarks are the result of careful study and an intimate acquaintance with the subject. They render the work, what has been much needed, A correct, complete and reliable compilation of the Military Laws of the country. Mr. Callan's experience eminently qualified him for the skillful performance of such a task, and he has per- formed it in a manner to reflect credit upon himself and prove useful and advantageous to the public. JAMES SHIELDS. From His Excellency, John B. Weller, Gov^r of California. Me. Callan: — I highly approve of your plan of publication of the Military Laws. I would have been saved much trouble and research if I could have had such a book when I was Chairman of the Senate Military Committee. It will be found very useful to all who execute these laws or take an interest in them. JOHN B. WELLEK. From Gen. J. A. Quitman, Chm'n Military Com. H. of Reps. I know no person better qualified to prepare and arrange a correct com- pilation of the Military Laws of the United States, than Mr. J. E. Callan. I have examined also specimen of the plan and arrangement of the pro- posed work, and think them admirably calculated to produce the objects of such Compilation, correctness and convenience of reference. I do not doubt that this work will be found eminently useful to all who may have occasion to have reference to the Military Laws of the country. J. A. QUITMAN. From Lt. Col. Geo. W. Lay, Aid-de-Gamp to Gom^g Gen. U. S.A. Sir: Eew officers of the Army have not had occasion to feel the want of a compilation such as you propose to publish, varying in its plan from any heretofore attempted. "We need a reliable work, which though full, shall be portable, and which shall be so carefully and completely arranged as to indicate the history and authoritative construction of particular sta- tutes. I have therefore discussed your plans' and examined your speci- mens with scrutinizing interest, and am entirely satisfied with the result. Your work is as convenient for reference as it is complete in substance ; and I am confident it will prove to have been executed not only with judg- ment, but with the utmost fidelity. I am, sir, very respectfully, your ob't serv't, J. E. Callan, Esq. GEO. W. LAY. EECOMMENDATIONS. 3 From Gol. W. Hiokey, Col. Volunteers 1st Beg. 3 Brig. M.D. G. J. F. Callan's compilation of Military Laws, embracing all those which relate to the Army, Marine Corps, Volunteers, Militia, &c., with intelligible references to the legislation of Congress thereupon, and exhib- iting not only the existing laws, but also a synopsis of those repealed or replaced, cannot fail to be useful to all connected with any of the branches of our Military Establishment, and must be interesting to those who de- sire to know the la-^^s of the United States, providing for the national defence ; and from an examination of some of its contents, I am satisfied it will be more full and complete than the former compilations of the Military Statutes. W. HICKEY. Froni Hon. J. Madison Cutts, 2d Comptroller U. 8. Treasury. Sir: I have no hesitation in according my earnest commendation to your labors in. compiling the "Military Laws of the United States" now in press. So far as all Officers of the government. Civil and Military, are connected with the Military establishment, the work must be of great public usefulness, and of desirable information to the country at large. Very respectfully, your obedient servant, J. F. Callan, Esq. J. MADISON CUTTS. From Hon. R. J. Atkinson, ^d Auditor U. S. Treasury. I concur with the foregoing testimonials in behalf of the plan proposed by Mr. Callan fqr a compilation of the Military Laws of the United States. Such a publication would be eminently useful, not only to those con- nected with the Executive and Legislative Departments of the Govern- ment, but all connected with the military service, as well as citizens and others whose professions, ^3r interests, make it necessary for them to have convenient references to the laws relating to the Army, Marine Corps, Volunteers, Militia, &c. EOB'T J. ATKINSON. We concur in the foregoing recommendations of Mr. Callan's compila- tion of the Military Laws of the United States: JOHN C. BKEOKENKIDGE, Vice-President U. S. S. A. DOUGLAS, of Illinois. H. M. KICE, of Minnesota. GEO. W. JONES, Chairman Senate Com. on Pensions. >S. COLE, Acting Commissioner uf Pensions, (yM\ ttf IlltariSatns ^Jnit^d ^tat^s. THE MILITARY LAWS OF THE United ^tat^H, RELATING TO THE AEMY, MAEINE COEPS, YOLUNTEEES, MILITIA, ■ AND TO BOUNTY LANDS AND PENSIONS, (#iIom tft^ J'ountlation of th^ 6otiepment to th^ §^mi 1858. By JOHN F. CALLAN, CLERK TO MILITARY COMMITTEE, TTNITBD STATES SENATE. BALTIMOEE: PUBLISHED BY JOHN MURPHY & CO. 1858. Entered, according to the Act of Congress, in the year 1858, by John Murphy & Co., in the Clerk's Office of the District Court of the United States for the District of Maryland. PEEFACE. The editions of the " Military Laws " heretofore published by Col. Cross, and Capt. Heitzel, of the United States Army, were found very convenient for reference. Nearly twelve years having elapsed since the last of these editions was issued, there existed a great necessity for a new compilation, which would correct some errors and omissions of the former publications, and include all the Military enactments from 1846 to the present date. This compilation has been undertaken at the earnest solicitation of several officers of the Government, and others, who have felt the want of such- a work as might be relied upon for correctness. It contains all the laws relating to the Army, Marine Corps, Volunteers, Militia, Bounty Lands and Pensions, passed since the foundation of the government. The existing laws are published in full, with head notes instead of marginals ; such as are out of existence from any cause, are inserted only by their titles, with synopses of what they contained. All the chapters are numbered to correspond with those of Little & Brown's edition of the. Statutes at Large — the date of approval placed at the head of each act, is repeated at the foot when the matter extends beyond the page upon which it commenced, 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; and the foot notes, and references, with the decisions of the Supreme Court given in several cases, form a complete history of the Military legislation of the country. The compiler returns his thanks to the several military and other officers who kindly aided him in the preparation of this work ; and he hopes it will be found to be as perfect and complete as it was his ambition to make it. Washington, April, 1858. LIST OF CONTENTS. PAGE constitxttion of the united states 33 Amendments to same 48 Etjles and Articles op Wab 51 1776, September 20, Eesolution of Congress 51 1777, Aprill4, " " 56 1777, May 27, '' " 56 1777, June 14, " " 56 1777, June 18, " " 57 1785, April 12, " " .....'. 57 1786, May 31, " " 57 1787, October 3, " " 59 FIHST CONGRESS— i^irai Sessim-^ 1789, August 7. Chap. 7. An act to establish an executive depart- ment, to be denominated the department of T-ar 59 " Sept'r 29. Chap. 25. An act to recognize and atiirpt to the con- stitution of the United States, the establishmei '. of the troops raised under the resolves of the United Statco in Congress asserhbled, and for other purposes therein mentioned 61 FIRST GO^Gn^SS— Second Session. 1790, April 30. Chap. 10. An act for regulating the military estab- lishment of tbe United States 61 FIRST COlSGn^SS— Third Session. 1791, March 3. Chap. 28. An act for raising and adding another regiment to the military establishment of the United States, ■and for making farther provision for the protection of the frontiers 62 SECOND CONGRESS— M™* Sessim. 1792, Feb'y 20. Chap. 7. An act to establish the post office and post roads within the United States, (extract) 62 " March 5. Chap. 9. An act for making farther and more effect- ual provision for the protection of the frontiers of the United States 63 ■" March 28. Chap. 14. An act supplemental to the .act for making farther and more effectual provision for the protec- tion of the frontiers of the United States 63 viii List of 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 insurrec- tions and repel invasions, (repealed) 64 " May 8. Chap. 33. An act more effectually to provide for the national defence, by establishing an uniform militia through- out the United States 64 " May 8. Chap. 37. An act making alterations in the treasury and war departments 70 THIED CONGEESS— J^ra< Session. 1794, Jan'y 13. Chap. 1. An act making an alteration, in the flag of the United States 71 " March 20. Chap. 9. An act to provide for the defence of cer- tain ports and harbors in the United States 71 " April 2. Chap. 14. An act to provide for the erecting and- repairing of arsenals and magazines, and for other purposes.. 72 " May 9. Chap. 24. An act for raising and organizing a corps of artillerists and engineers 74 " May 9. Chap. 25. An act supplementary to "An act to pro- vide for the defence of certain ports and harbors in the United States," 74 " 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," 75 THIED COSGR^SS— Second Session. 1795, Jan'y 2. Chap. 9. An act to regulate the pay of non-com- missioned officers, musicians, and privates of the militia of the United States, when called into actual service, and for other purposes 76 " Feb'y 23. Chap. 27. An act to establish the office of purveyor of public supplies 76 " Feb'y 28. Chap. 36. An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrec- tions and repel invasions, and to repeal the act now in force for those purposes 77 " March 3. Chap. 44. An act for continuing and regulating the military establishment of the United States, and for re- pealing sundry acts heretofore passed on that subject 80 FO0ETH CONGEESS— J'lVai Session. 1796, March 23. Chap. 8. An act for the relief of certain officers and soldiers who have been wounded or disabled in the actual service of the United States 81 " May 12. Chap. 25. An act allowing compensafion for horses killed in battle belonging to officers of the army of the U. S . . . 82 " May 30. Chap. 39. An act to ascertain and fix the military establishmrent of the United States 83 List of Contents. ix FOURTH CO'SGR'ESS— Second Session. PAGE 1797, March 3. Chap. 16. An act to amend and repeal, in part, the act entitled "An act to ascertain and fix the military estab- lishment of the United States," '. 84 FIFTH CONGEESS— J'irsi! Session. 1797, June 23. Chap. 3. An act to provide for the further defence of the ports and harbors of the United States 85 1798, March 14. Chap. 15. An act to provide for the widows and orphans of certain deceased officers 86 FIFTH CONGRESS— /Second Session. 1798, April 27. Chap. 33. An act to provide an additional regi- ment of artillerists and engineers 86 " May 3. Chap. 37. An act supplementary to the act pr(5viding for the further defence of the ports and harbors of the United States 86 " May 4. Chap. 38. An act to enable the President of the Uni- ted States to procure cannon, arms and ammunition, and for other purposes 87 " 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,'" 87 " May 28. Chap. 47. An act authorizing the President of the United States to raise a provisional army 87 " 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," 88 " July 6. Chap. 65. An act providing arms for the militia throughout the United States 89 " July 1,1. Chap. 72. An act for establishing and organizing a marine corps , 89 " July 16. Chap. 76. An act to' augment the army of the United States, and for other purposes 91 " July 16. Chap. 85. An act to alter and amend the several acts for the establishment and regulation of the treasury, war and navy departments 91 FIFTH COJUd'R'ES.S— Third Session. 1799, March 2. Chap, 27. An act to regulate the medical establish- ment 92 " March 2. Chap. 31. An act giving eventual authority to the President of the United States to augment the army 98 " March 2. Chap. 37. An act authorizing an augmentation of the marine corps 93 X List of Contents. PAGE 1799, March 3. Chap. 47. An act authorizing the President of the United States to fill certain vacancies in the army and navy 94 " March 3. Chap. 48. An act for the better organizing of the troops of the United States, and for other purposes 94 SIXTH GO'SGB.^S.S— First Session. 1800, S'eb'y 20. Chap. 9. An act to suspend, in part, an act enti- tled "An act to augment the army of the United States, and for other purposes," 97 " April 22. Chap. 26. An act to fix the compensation of the paymaster-general, and assistant to the adjutant-general 97 " April 22. Chap. 29. An act fixing the rank and pay of the commanding officer of the corps of marines 97 " April 23. Chap. 83. An act for the better government of the navy of the United States 97 " May 7. Chap. 46. An act for the regulation of the public ar- senals and magazines 98 " May 14. Chap. 69. An act supplementary to the act to sus- pend part of an act entitled "An act to augment the army of the United States, and for other purposes," 99 SEVENTH CONGRESS— J'irai Session. 1802, March 16. Chap. 9. An act fixing the military peace estab- lishment of the United States 99 SEVENTH CONGRESS— (S'ccono! Session. 1803, Feb'y 28. Chap. 13. An act in -addition to an act, entitled ' "An act fixing the military peace establishment of the U. States," 107 " 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 uniform militia throughout the United States," 108 " March 3. Chap. 20. An act more effectually to provide for the organization of the militia of the District of Columbia .. 109 '' March 3. Chap. 32. An act directing a detachment from the militia of the U. States, and for erecting certain arsenals 128 EIGHTH CONGRESS— J'irsi Session. i804, March 26. Chap. 39. An act in addition to "An act for fix- ing the military peace establishment of the United States,". 129 ■" March 26. Chap. 48. An act in relation to the navy pension fund 129 List OF Contents. xi NINTH CONGRESS— J^irsi Session. PAGE 1806, April 10. Chap. 20. An act for establishing rules and articles for the government of the armies of the United States 130 " April 10. Chap. 25. An act to provide for persons who were disabled by known wounds .received iv, the revolutionary war 157 NINTH CONGEESS— ySecone? Session. 1807, March 3. Chap. 39. An act authorizing the employment of land and naval forces of the United States, in cases of insur- jection .. 162 TENTH CONGBESS— J-iVsi Session. 1808, Jan'y 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 gunboats," 162 " April 2. Chap. 42. An act authorizing the sale of public arms 163 " April 12. Chap. 43. An act to raise, for a limited time, an additional military force 163 " April 21. Chap. 48. An act concerning public contracts 167 " April 23. Chap. 55. An act making provision for arming and equipping the whole body of the militia of the United States 169 " April 25. Chap. 58. An act concerning invalid pensioners.... 170 TENTH CONGEESS— /yecoaa! Session. 1809, March 3. Chap. 28. An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments 172 " March 3. Chap. 33. An act authorizing an augmentation of the marine corps , ^ 175 ELEVENTH CONGEESS— J'irai Session. 1809, June 28. Chap. 12. An act to suspend, for a limited time, the recruiting service 176 TWELFTH CONGRESS— JVrai Session. .1811, Dec. 24. Chap. 10. An act for completing the existing mili- tary establishment 176 1812, Jan'y 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 176 •" Jan'y 11. Cliap. 14. An act to raise an additional military force 177 -" Peb'y 6, Chap. 21. An act authorizing the President of the United States to accept and organize certain volunteer mili- '.tary corps „ 181 xii List of Contents. PAGE 1812, Peb'y 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 182 March 17. Chap. 42. An act supplementary to "An act to raise an additional military force," 182 March 28. Chap. 46. An act to establish a quartermaster's department, and for other purposes 183 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 thousand eight hundred and twelve 186 April 10. Chap. 54. An act for the relief of the officers and soldiers who served in the late campaign on the Wabash 186 April 23. Chap. 59. An act for the organization of a corps of artificers 189 April 29. Chap. 72. An act making further provision for the corps of engineers 189 May 6. Chap. 77. An act to provide for designating, survey- ing, and granting, the military bounty lands 192 May 14. Chap. 83. An act for the better regulation of the ordnance 193 May 16. Chap. 86. An act making further provision for the army of the United States 194 May 22. Chap. 92. An act to amend an act, entitled "An act to establish a quartermaster's department, and for other pur- poses," 195 June 26. Chap. 108. An act for the more perfect organiza- tion of the army of the United States 196 July 1. Chap. 113. An act supplementary to an act, entitled "An act more effectually to provide for the organization of the militia of the District of Columbia,"....". 197 July 1. Chap. 119. An act supplementary to "An act au- thorizing the President of the United States to raise certain companies of rangers, for the protection of the frontier of the United States," 200 July 6. Chap. 133. An act respecting the pay of the army of the United States '. 201 July 6. Chap. 137. An act making further provisions for the army of the United States, and for other purposes 202 TWELFTH CONGRESS— ^Teconrfifession. 1812, I>ec. 12. Chap. 4. An act increasing the pay of the non-com- missioned officers, musicians, privates, and others, of the army, and for ather purposes 203 1813, Jan'y 20. Chap. 10. An act providing navy pensions in cer- tain cases... 203 List of Contents. xiii PAGE 1813, Jan'y 20. Chap. 12. An act supplementary to the act, enti- tled "An act for the more perfect orgaaization of the army of the United States," 204 " Jan'y 29. Chap. 16. An act in addition to the act, entitled "An act to raise an additional military force," and for other purposes 205 " Feh'y 2. Chap. 18. An act supplementary to an act, entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel inva- sions, and to repeal the act now in force for those purposes," and to increase the pay of volunteer and militia corps 206 " Peh'y 13. Chap. 22. An act regulating pensions to persons on board private armed ships 207 " Feb'y 24. Chap. 24. An act making provision for an addi- tional numher of general officers 209 " Feh'y 25. Chap. 31. An act to raise ten additional companies of rangers .'. 209 " March 3. Chap. 48. An act the better to provide for the sup- plies of the army of the United States, and for the account- ability of persons entrusted with the same 210 " March 3. Chap. 52. An act for the belter organization of the general staff of the army of the United States 211 RESOLUTION. 1813, March 3. Kes. 2. Resolution requesting the President of the United States to cause to be prepared and laid before congress a system of military discipline 213 THIETEENTH CONGRESS— J-ir-si Session. 1813, July 5. Chap. 4. An act to amend the act in addition to the act, entitled "An act to raise an additional military force, and for other purposes," 213 " July 22. Chap. 17. An act to regulate the allowance of for- age to officers in the army of the United States 213 " August 2. Chap. 40. An act to provide for the widows and orphans of the militia slain and militia disabled in the United States 214 " August 2. Chap. 41. An act explanatory of an act, entitled "An act to raise ten additional companies of rangers," 215 " August 2. Chap. 45. An act to authorize the appointment by the President, of certain officers during the recess of the senate 215 " August 2. Chap. 50. An act supplementary to the act, enti- tled "An act for the better regulation of the ordnance," 215 " August 2. Chap. 58. An act to amend and explain the act regulating pensions to persons on board private armed ships.. 216 xiv- L-iST OF Contents. THIRTEENTH CO'SGB.'ESS— Second Session. 1814, Jan'y 27. Chap. 7. An act making further provision for fill- ing the ranks of the regular army, encouraging enlistments, and authorizing the re-enlistments, for longer periods, of men whose terms of service are ahout to expire 216 " Jan'y 28. Chap. 9. 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 217 " Feh'y 10. Chap. 11. An act to raise three regiments of rifle- men 218 " March 4. Chap. 20. An act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States 218 " March 30. Chap. 37. An act for the better organizing, pay- ing and supplying, the army of the United States 220 " April 16. Chap. 58. An act authorizing an augmentation of the marine corps, and for other purposes 223- " April 18. Chap. 65. An act granting pensions to the officers and seamen serving on board the revenue cutters in certain cases 225' " April 18. Chap. 67. An act fixing the salary of the paymas- ter of the army of the United States, and allowing a sum for the employment of additional clerks in his oifioe, for the year one thousand eight hundred and fourteen, and providing for the appointment of assistant district paymasters 225 " April 18. Chap. 78. 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.- 226 " April 18. Chap. 80. An act in further addition to an act, en- titled "An act more effectually to provide for the n-ational defence, by establishing an uniform militia throughout the United States," 227 " April 18. Chap. 82. An act in addition to the act, entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel in- vasions, and to repeal the act now in force for these pur- poses," 227 " April 18. Chapi 84. An act concerning the pay of officers, seamen and marines in the navy of the United States 228 THIRTEENTH CONGRESS— T/wrd Session. 1814, Dec. 10. Chap. 10. An act making further provision for fill- ing the ranks of the army of the United States 328 " Dec. 13. Chap. 13. An act directing the staff officers of the army to comply with the requisitions of naval and marine officers, in certain cases 230 List of Contents. xy FAQ£ 1815, Peb'y 8. Chap. 38. An act for the hetter regulation of the ordnance department 231 " March 3. Chap. 79. An act fixing the military peace establish- ment of the United States 234 EESOLUTIONS. 1814,, NO'V'r 3. Res. 5. Eesolutions, expressive of the sense of con- gress of the gallantry and good conduct with which the repu- tation of the arms of the United States has been sustained by Major General Brown, Major General Scott, Major Gene- ral Porter, Major General Gaines, Major General Macomb, and Brigadiers Kipley and Miller 235 1815, Feb'y 27. Ees. 10. Eesolutions expressive of the thanks of congress to Major General Jackson, and the troops under his command, for their gallantry and good conduct in the de- fence of New Orleans ; 235 FOUBTEENTH CONGEESS— J'irsr! Session. 1816, April 2. Chap.- 37. An act placing certain persons on the list of navy pensioners 235 " April 9. Chap. 40. An act to authorize the payment for pro- perty lost, captured or destroyed by the enemy while in the military service of the United States, and for other purposes 236 " April 16. Chap. 55. An act making further provision for mili- tary services during the late war, and for other purposes 241 " April 20. Chap. 64. An act concerning field officers of the militia v. 241 " April 24. Ghstp. 68. An act to increase the pensions of invalids in certain cases ; for the relief of invalids of the militia ; and for the appointment of pension agents in those states where there, is no commissioner of loans 242 " April 24. Chap. 69. An act for organizing the general staff, and making further provision for the army of the United States 244 " , April 27. Chap. 127. An act to provide for cases of lost mili- tary lamd warrants, jnd discharges for faithful services 248 " April 29. Chap. 135. An act concerning the annual sum ap- propriated for arming and equipping the militia 249 "■ April 29. Chap. 140. An act supplementary to an act making alterations in the treasury and war departments, passed the eighth day of May, one thousand seven hundred and ninety- two 250 "^ April 29. Chap. 142. An act to increase the compensation of the superintendents of the manufactories of arms at Spring- field and Harper's Perry 250 xvi List of Contents. KESOLUTION'. PAGE 1816, April 29. Ees. 7. Eesolution authorizing the President of the United States to employ a skilful assistant in the corps of engineers ° 250 FOUETEENTH CONGRESS— ;Second Session. 1817, Feb'y 22. Chap. 13. An act to repeal the second section of an act, entitled "An act concerning the pay of officers, seamen and marines in the navy of the United States 250 " March 3. Chap. 45. An act to provide for the prompt settle- ment of public accounts 251 " March 3. Chap. 60. An act to amend and explain "An act giving pensions to the orphans aiid widows of persoijs slain in the public or private armed vessels of the United States," 255 " March 3. Chap. 65. An act to fix the peace establishment of the marine corps 255 " March 8. Chap. 96. An act supplementary to an act, entitled "An act further to amend the several acts for the establish- ment and regulation of the treasury, war, and navy depart- ments," 256 " March 3. Chap. 107. An act to amend an act, entitled "An act making further provision for military services during the late war, and for other purposes," 256 " March 3. Chap. 110. An act to amend the "Act authorizing the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes," passed the ninth of April, one thou- sand eight hundred and sixteen ; 257 FIFTEENTH CONGEESS— J^iVsi Session. 1818, March 18. Chap. 19. An act to provide for certain persons en- gaged in the land and naval service of the United States, in the revolutionary war 257 " March 27. Chap. 23. An act extending the time for obtaining military land warrants in certain cases 258 " April 4. Chap. 34. An act to establish the flag of the U. States 258 " April 14. Chap. 61. An act regulating the staff of the army... 258 " April 16. Chap. 64. An act regulating the pay and emolu- ment of brevet officers 260 " April 16. Chap. 65. An act in addition to "An act giving pen- sions to the orphans and widows of persons slain in the pub- lic or private armed vessels of the United States," 260 " April 20. Chap. 84. An act to defray the expenses of the mi- litia when marching to places of rendezvous 262 " April 20. Chap. 88. An act in addition to the "Act for the puni.shment of certain crimes against the United States," and to repeal the acts therein mentioned 262 List op Contents. xvii PAOB 1818, April 20. Ohap. 101. An act to increase the pay of the militia when in actual service, and for other purposes - 269 " April 20. Chap. 102. An act respecting the organization of the army, and for other purposes 269 EESOLUTION. 1818, April 4. Ees. 12. Eesolution directing medals to he struck, and, together with the thanks of congress, presented to Major Gen. Harrison and Gov'r Shelby, and for other purposes 269 FIFTEENTH CONGRESS— Secom? Session. 1819, March 2. Chap. 45. An act to regulate the pay of the army when employed on fatigue duty 270 " March 3. Chap. 60. An act extending the term of. half-pay pensions to the widows and children of certain officers, sea- men, and marines, who died in the public service 270 " March 3. Chap! 81. An act regulating the payments to invalid pensioners ^ 270 ' ' March 3. Chap. 88. An act authorizing the sale of certain mili- tary sites 271 " March 3. Chap. 99. An act concerning invalid pensions 271 SIXTJIENTH CONGEESS— JVrsi Session. 1820, May 1. Chap. 52. An act in addition to the several acts for the establishment and regulation of the treasury, war and navy departments :.... 272 " May 1. Chap. 53. An act in. addition to an act, entitled "An. act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," passed the eighteenth day of March, one thousand eight hun- dred and eighteen '. 275 " May 8. Chap. 75. An act further to regulate the medical de- partment of the army , 276 " May 12. Chap. 97. An act to establish an uniform mode of discipline and field exercise for the militia of the IT. States... 276 " May 15. Chap. 102. An act to limit the term of office of cer-, tain officers therein named, and for other purposes 276 " May 15. Chap. 107. An act providing for the better organiza- tion of the treasury department 277 SIXTEENTH CONGRESS— /SccoJKf tosiow. 1821, March 2. Chap. 13. An act to reduce and fix the military peace establishment of the United States 283 1822, May 7. Ghap. 88. An act to repeal the fourteenth section of "An act to reduce and fix the military peace establishment," passed the second day of March, one thousand eight hundred and twenty-one 287 " May 7. Chap. 90. An act further to amend the several acts relative to the treasury, war, and navy departments 287 2 xviii List of Contents. SEVENTEENTH CONGEESS— Second Ses^on. PAGi: 1823, Jan'y 23. Chap. 5. An act to continue the present mode of supplying the army of the United States 287 " Jan'y 31. Chap. 9. An act concerning the dishursement of public money 288 " March 1. Chap. 37. An act in addition to the act, entitled "An * act for the prompt settlement of public accounts," and for the punishment of the crime of perjury 289 " March 1. Chap. 59. An act supplementary to the acts to pro- vide for certain persons engaged in the land and naval ser- vice of the TJnited .States in the revolutionary war „ 290 " March 3. Chap. 71. An act to establish a national armory on the western waters 290 EIGHTEENTH CONGRESS— JYrsl! Session. 1824, Jan'y 22. Chap. 15. An act further extending the term of half- pay pensions to the widows and children of officers, seamen, and marines, who died in the public service 290 EIGHTEENTH CONGRESS— ^fecoMi? Session. 1825, March 3. Chap. 18. An act for arming the militia of the Ks- triotof Columbia 290 " March 3. Chap. 66. An act further to amend the act author- izing payment for property lost, captured or destroyed by the enemy, while in the military service of the TJnited States, and for other purposes, passed ninth April, one thousand eight hundred and sixteen 291 " March 3. Chap. 93. An act to authorize the sale of unservice- able ordnance, arms, and military stores 292 NINETEENTH CO'SG'RTSSS— First Session. . 1826, May 4. Chap. 30. An act to exempt the professors, tutors, stewards, and students, of the different seminaries of learn- ing, in the District of Columbia, from militia duty 292 " May 18. Chap. 74. An act regulating the accountability for clothing and equipage issued ,to the army of the U. States, and for the better organization of the quartermaster's depart- ment 292 " May 20. Chap. 82. An act concerning the TJnited States ar- senal in Georgia...., 294 " May 20. Chap. 88. An act to authorize the secretaty of the war department to purchase a site for an arsenal at St. Louis, in the state of Missouri, and to provide for the erection of an arsenal on the same 294 List of Contents. xix RESOLUTION. PAGE 1826, May 18. Res. 3. Eesolution directing a system of cavalry tac- tics, and a system of instruction for artillery, to be prepared for the use of the cavalry and artillery of the militia 295 NINETEENTH CONGRESS— Seconti Session. 1827, March 2. Chap. 42. An- act giving further compensation to the captains and subalterns of the army of the United States, in certain cases 295 " March 3. CKap. 80. An act siuthorizing the establishment of an arsenal in the town of Augusta, in Maine 295 TWENTIETH CONGEESS— J-iVsi Session. 1828, Jan'y 25.- Chap. 2. An act to prevent defalcations on the part of the disbursing agents of the government, and for other purposes 296 " May 15. Chap. 53. An act for the relief of certain surviving officers and soldiers of the army of the revolution 296 TWENTIETH CONGEBSS^SecoJirf Session. 1829, March 2. Chap. 28. An act making provision for the payment of pensions to the widows or children of pensioners, in cer- tain cases, and for other purposes 298 " March 2. Chap. 38. An act providing for the printing and binding sixty thousand copies of the abstract of infantry tac- tics, including manoeuvres of light infantry and riflemen, and for other purposes 299 " March 2. Chap. 42. An act to continue the present mode of supplying the army of the United States 299 TWENTT-FIEST CONGEESS— J-irsf Session. 1830, May 29. Chap. 179. An act to alter and amend the sixty-fifth article of the first section of an act, entitled "An act for establishing rules and articles for the government of the armies of the United States," passed the tenth day of April, one thousand eight hundred and six j 300 " May 29. Chap. 183. An act to exempt deserters, in time of peace, from the punishment of death '. 300 " May 31. Chap. 228. An act to amend the act, entitled "An act for the relief of certain surviving officers and soldiers of the army of the revolution," % 301 EESOLUTION. 1830, May 29. Res. 6. Resolution in relation to the compensation of officers of the marine corps 301 xx List of Contents. TWENTY-SECOND CONGRESS— J-ir-si Session. . PAGE 1832, April 5. Chap. 67. An act providing for the organization of the ordnance department , 301 " June 7. Chap. 126. An act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolu- tion," 303 " June 15. Chap. 131. An act to authorize the President to raise mounted riflemen for the defence of the frontier 806 " June 2h. Chap. 150. ■ An act to increase the numher of surgeons and assistant-surgeons in the army of the United States 306 " June 28. Chap. 151. An act further to extend the pensions heretofore granted to the widows of persons killed or who died in the naval service., 306 " July 14. Chap. 223. An act concerning certain officers of the marine corps i 306 " July 14. Chap. 224. An act supplementary to the several acts making appropriation for the civil and military service, dur- ing the year one thousand eight hundred and thirty-two 307 " July 14. Chap. 237. An act to amend the act, entitled "An act for the relief of certain surviving officers and soldiers of the arniy of the revolution," 307 KESOLUTIONS. 1832, May 25. Ees. 3. Kesolution respecting the pay of marines 302 " July 14. Ees. 8. Kesolution to repeal a resolution, approved the twenty-ninth of April, one thousand eight hundred and sixteen, authorizing the President of the United States to employ a skillful assistant in the corps of engineers 307 " July 14. Ees. 9. Eesolution in relation to the execution of the act, supplementary to the act for the relief of certain sur- viving officers and soldiers of the revolution 308 TWENTY-SECOND GO'SG'R'EB&— Second Session. 1833, Peb'y 19. Chap. 31. An act to amend an act, entitled an act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution 308 " Peb'y 19. Chap. 33. An act for the payment of horses and arms lost in the military service of the United States, against the Indians on the frontiers of Illinois and Michigan terri- tory 808 " March 2. Chap. 61. An act making appropriation for the sup- port of the army, for the year one thousand eight hundred and thirty-three 309 " March 2. Chap. 68. An act to improve the condition of the non-commissioned officers and privates of the army and ma- rine corps of the United States, and to prevent desertion 309 List of Contents. xxi PASE 1833, March 2. Chap. 76. An act for the more perfect defence of the frontiers 310 EESOLUTION. 1833, March 2. Ees. 2. Resolution in relation to the execution of the , act, supplementary to the "Act for the relief of certain sur- viving officers and soldiers of the revolution," 312 TWENTY-THIED COKGEESS— J'tVsi Session, 1834, June 30. Chap. 132. An act for the hetter organization of the United States "marine corps," 312 " June 30. Chap. 133. An act to increase and regulate the pay of the surgeons and assistant-surgeons of the army 315 " June 30. Chap. 134. An act concerning navy pensions and the naval pension fund '. 316 " June 30. Chap. 142. An act making certain allowances, and granting certain arrearages to the captains and subalterns of the United States corps of marines 316 " June 30. Chap. 153. An act to provide for the payment of claims, for property lost, captured or destroyed by the enemy, vfhile in the military service of the United States, during the late war with the Indians on the frontiers of Illinois and Michigan territory '. 317 " June 30. Chap. 161. An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers 317 " June 30. Chap. 162. An act to provide for the organization of the department on Indian affairs 319 TWENTY-THIED CONGEESS— /Second Ssssion. 1835, March 3. Chap. 49. An act to render permanent the present mode of supplying the army of the United States, and fixing the salary of certain clerks therein named 319 KESOLUTIOK. 1835, Peb'y 13. Ees. 2. Eesolution presenting a gold medal to George Croghan, and a sword to each of the officers under his com- mand, for their gallantry and good conduct in the defence of Port Stephenson, in eighteen hundred and thirteen 319 TWENTY-FOUETH CONGEESS— J^rai Session. 1836, March 19. Chap. 44. An act to provide for the payment of volunteers and militia corps, in the service of the United States ; •. 320 " May 9. Chap. 59. An act making appropriations for the civil and diplomatic expenses of government, for the year one thousand eight hundred and thirty-six : 322 xxii List of Contents. PAGB 1836, May 9. Chap. 60. An act providing for the salaries of certain officers therein named, and for other purposes *..... 322 " May 20. Chap. 7". An act explanatory of the act, entitled "An act to prevent defalcations on the part of the disbursing agents of the government, and for other purposes," 323 " May 23. Chap. 80. An act authorizing the President of the United States to accept the services of volunteers, and to raise an additional regiment of dragoons or mounted riiiemen 328 " July 4. Chap. 356. An act to authorize the appointment of ad- ditional paymasters, and for other purposes 324 " July 4. Chap. 362. An act granting half-pay to widows or or- phans, where their husbands and fathers have died of wounds received in the military service of the United States, in cer- tain cases, and for other purposes 325 TWENTY-FOURTH CONGEESS— iSeconrf Session. 1837, Jan'y 18. Chap. 5. An act to provide payment for horses and other property lost or destroyed in the military service of the United States '. 327 " March 3. Chap. 38. An act to provide for the more equitable administration of the naval pension fund • 328 " March 3. Chap. 42. -An act explanatory of the act, entitled "An act granting half-pay to widows and orphans where their husbands and fathers have died of wounds received in the military service of the United States, and for other pur- poses," 328 TWENTY-FIFTH CONGRESS— JVrsi Session. 1837, Oct. 14. Chap. 5. An act to amend an act, entitled "An act to provide payment for horses and other property lost in the military service of the United States," 329 TWENTY-FIFTH OONGEESa— /Secone? Session. 1838, July 5. Chap. 162. An act to increase the present military establishment of the United States, and for other purposes... 329 " July 7. Chap. 189. An act granting half-pay and pensions to certain widows 339 " July 7. Chap. 194. An act supplementary to an act, entitled "An act to increase the present military establishment of the United States, and for other purposes," 340 EESOLUTION. 1838, July 7. Ees. 7. Eesolution for the benefit of the widows of certain revolutionary officers and men 842 List op Contents. xxiii TWENTY-FIFTH COKGRESS— nird Session. PAGE 1839, March S. Chap. 82. An act mating appropriationsfor the civil and diplomatic expenses of government, for the year one thousand eight hundred and thirty-nine 342 " March 3. Chap. 85. An act to amend an act, entitled "An act regulating the pay and emoluments of hrevet officers," passed April sixteenth, one thousand eight hundred and eighteen... 343 " March 3. Chap. 89. An act giving to the President of the IT. States additional powers for the defence of the United States, ill certain cases, against invasion, and for other purposes 348 TWENTY-SIXTH CONGEESS— i^Vrsi Session. 1840, June 19. Chap. 39. An act making provision for the payment of pensions to the executors or administrators of deceased pensioners in certain cases 344 " July 20. Chap. 50. An act to provide for the support of the military academy, for the year one thousand eight hundred and forty ; 344 TWENTY-SEVENTH CONGEBSS— Krai Session. 1841, August 16. Chap. 8. An act to provide for the payment of navy pensions 345 TWENTY-SEVENTH CONGRESS— ySeco«if Session. 1842, April 14. Chap. 24. An act to provide for the allowance of in- ■ valid pensions to certain Cherokee warriors, under the pro- visions of the fourteenth article of the treaty of one thousand eight hundred and thirty-five 345 " August 23. Chap. 183. An act making appropriations for the support of the army and of the military academy, for the year one thousand eight hundred and forty-two ' 346 " August 23. Chap. 186. An act respecting the organization of the army, and for other purposes 346 " August 23. Chap. 191. An act to amend the acts of July, one thousand eight hundred and thirty-six, and one thousand eight hundred and thirty-eight, allowing pensions to certain widows 350 " August 26. Chap. 202. An act legalizing and making appro- priations for such necessary objects as have been usually in- cluded in the general appropriation bills without authority of law, and to fix and provide for certain incidental expenses df.the departments and officers of the government, and for other purposes 350 EESOLUTION. 1842, August 16. Kes. 8. .A Eesolution declarative of the pension act of July seventh, one thousand eight hundred and thirty-eight. 352 xxiv List of Contents, TWENTY-SEVENTH CONGEESS— TAird Session. PAGE 1843, March 1. Chap. 52. An act making appropriations for the support of the army and of the military academy, and for armories, arsenals, arms and munitions of war and surveys for half calendar year ending the thirtieth day of June, one thousand eight hundred and forty-three, and for the fiscal year heginning the first of July, one thousand eight hundred and forty-three, and ending the thirtieth day of June, one thousand eight hundred, and forty-four 352 " March 3. Chap. 102. An act granting a pension to certain revolutionary soldier? 353 " March 3. Chap. 108. An act further to continue in force the act for the payment of horses and other property lost in the military service of the United States o53 TWENTY-EIGHTH CONGBESS— JRrsi Ses^on. 1844, April 4. Chap. 11. An act to repeal so much of the act ap- proved twenty-third of August, one thousand eight hundred and forty-two, as requires the second regiment of dragoons t* he converted into a regiment of riflemen after the fourth day of March, one thousand eight hundred and forty-three... 354 " April 12. Chap. 13. An act making appropriations for the support of the military academy for the fiscal year ending on the thirtieth day of June, one thousand eight hundred and forty-five 354 " April 30. Chap. 15. An act making appropriations for the payment of revolutionary and other pensions of the United States for the fiscal year ending on the thirtieth day of June, one thousand eight hundred and forty-five 354 " June 15. Chap. 53. An act for the relief of the widows and orphans of the officers, seamen and marines of the U. States schooner Grampus, and for other purposes 352 " June 15. Chap. 73. An act making an appropriation for the payment of hbrses lost hy the Missouri volunteers in the Florida war 855 " June 17. Chap. 102. An act to continue the pensions of cer- tain widows •. 355 " June IT. Chap. 106. An act making appropriations for the support of the army for the fiscal year ending on the thirtieth day of Jun^, one thousand eight hundred and forty-five 356 TWENTY-EIGHTH COTS G'R'ESS— Second Session. 1845, Feh'y 20. Chap. 15. An act restricting the granting of pen- sions in certajn cases 356 " March 3. Chap. 41. An act renewing certain naval pensions for the term of five years 356 List of Contents. xxt PAOE 1845, March 3. Chap. 47. •An act making appropriations for the support of the military academy for the year ending the thir- tieth day of June, one thousand eight hundred and forty-six.. 356 " March 3. Chap. 65. An act making appropriations for the 'support of the army for the year ending on the thirtieth day of June, one thousand eight hundred and forty-six 357 TWENTY-NIKTH CONGRESS— JRVsr! Session. 1846, Jan'y 12. ■ Chap. 3. An act to repeal the act which abolished the office of one of the inspectors-general of the. army, and to revive and establish said office :..'. 357 " May 7. Chap. 13. An act making appropriations for the pay- ment of revolutionary and other pensions of the TJ. States, for the year ending the thirtieth day of June, one thousand eight hundred and forty-seven, and for other purposes 357 " May 13. Chap. 16. An act providing for the prosecution of the existing war between the United States apd the Eepublio of Mexico 358 " May 13. Chap. 17. An act to authorize the^ increase of the rank and file of the army of the United States 359 " May 15. Chap. 21. An act for the organization of a compajiy of sappers, miners., and pontoniers 359 " 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 361 " June 17. Chap. 28. An act making alterations in the pay de- partment of the army 362 " June 18. Chap. 29. An act suppleftiental to an act entitled "An act providing for the prosecution of the. existing war be- tween the United States and the Eepublic of Mexico," and for other purposes 363 " Jiine 26. Chap. 83. An act to provide for the organization of the volunteer forces brought into the service of the United States, into brigades and divisions, and for the appointment of the' necessary number of general officers to command the same 365 " A.ugust 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 366 " August 10. Chap. 176. An act making appropriations for the naval service for the year ending the thirtieth day of June, one thousand eight hundred and forty-seven 447 BESOLUTIONS. 1846, July 16. Ees. 11. A joint resolution presenting the thanks of congress to Major-General Taylor, his officers and men 367 " July 16. Ees. 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 367 xxvi List of Contents. FAan 1846, August 8. Ees. 20. Joint resolution directing tlie payment of certain volunteers and militia, under the limitations therein prescribed • 367 TWENTY-NINTH CONGEESS— /SecontZ Session. 1847, Jan'y 12. Chap. 2. An act to encourage enlistments in the regular army 368 " Feb'y 11. Chap. 8. An act to raise for a limited time an addi- tional military force, and for other purposes 368 " March 2. Chap. 39. An act to amend an act entitled "An act to provide for the payment of horses, or other property, lost or destroyed in the military service of the United States," approved the eighteenth day of January, one thousand eight hundred and thirty-seven 372 " March 2. Chap. 40. An act to provide for the increase of the marine corps of the United States 372 " March 3. Chap. 49. An act making appropriations for the pay- . ment of naval pensions for the year ending the thirtieth day of June, one thousand eight hundred and forty-eight 873 " March 8. Chap. 61. An act making provision for an additional number of general officers, and for other purposes 373 " 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 Indian tribes, and to preserve peace on the frontiers," approved June thirtieth, one thousand eight hundred and thirty-four, and for other purposes 378 RESOLUTIONS. 1847, March 2. Ees. 5. Eesolutions giving the thanks of congress to Major-General Taylor and the officers and men under his command, in the late military operations at Monterey 380 " March 3. Kes. 7. A resolution to refund money to the States which have supplied volunteers, and furnished them trans- portation during the present war before being mustered and received into the service of the United States 880 THIRTIETH CONGRESS— J^Wsi Session. 1848, Jan'y 26. Chap. 6. An act to provide clothing for volunteers in the service of the United States ■ 381 " Feb'y 2. Chap. 8. An act making further provisions for sur- viving widows of the soldiers of the revolution 381 " 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 purposes," approved the eleventh day of Feb- ruary, one thousand eight hundred and forty-seven 382 List of Contents, xxvii PAGE 1848, June 2. Chap. 60. An act to refund money for expenses incur- red, subsistence or transportation furnished, for the use of volunteers during the present war, before being mustered into the service of the United States 383 " June 26. ' Chap. 71. An act making appropriations for the pay- ' ment of revolutionary and other pensions of the U. States, for the year ending the thirtieth day of June, one thousand eight hundred and forty-nine, 384 " July 10. Chap. 99. An act to extend the provisions of existing pension laws to enlisfed men of the ordnance corps of the United States army 384 " July 19. Chap. 104. An act to amend an act entitled "An act supplemental to an act entitled 'An act providing for the prosecution of the existing war between the United States and the republic of Mexico,' " and for other purposes 384 " July 21. Chap. 108. An act amending the act entitled "An act granting half-pay tO;widows or orphans, wbere their husbands and fathers have died of wounds received in the military ser- vice 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.. 385 " July 29. Chap. 120. An act for the relief of certain surviving . widows of officers and soldiers of the revolutionary army 387 " August 11. Chap. 155. An act renewing certain naval pensions and extending the benefits of existing laws, respecting naval pensions, to engineers, firemen and coal-heavers in the navy, and to their widows 388 " August 12. Chap. 168. An act concerning the pay department of the army '390 " 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 391 " August 14. Chap. 179. An act for the relief of certain widows and orphans of the officers, seamen, and marines of the brig- ' of-war Somers ' 392 " August 14. Chap. 180.. An act in relation to military land warrants 392 . EESOLUTIONS. 1848, March 9. Ees. 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 campaign of eighteen hundred and forty- seven 392 " March 24. Kes. 4. Joint resolution relative to the evidence which shall be considered satisfactory in applications for bounty land 393 xxviii List of Contents. PAGB 1848, May 9. Ees. 7. Joint resolution of thanks to Major-General Taylor .' 393 " June 16. Ees. 8. Joint resolution in relation to transportation and discharge of the military forces of the United States at the close of the war with Mexico 393 " June 16. Ees. 9. Joint resolution providing for the payment of the regiment of Texas mounted troops called info the. service of the United- States, under the requisition of Colonel Curtis, in the year eighteen hundred and forty-seven, and for other purposes 393 " July 1. Ees. 13. A joint resolution relative to evidence in ap- plication for pensions 394 " July 29. Ees. 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 394 " August 10. Ees. 24. Joint resolution concerning certaiij por- tions of the marine and ordnance corps 394 THIRTIETH CONGRESS— &co)id Session. 1849, Feb'y 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 396 " March 2. Chap. 79. An act to allow subsistence to certain Ar- kansas and other volitnteers, who have been prisoners of war in Mexico 396 " March 2. Chap. 80. An act concerning the pay department of the army '. 396 " March 2. Chap. 83. An act to provide for an increase of the medical staif, and" for an additional number of chaplains of the army of the United States 397 "■ 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.: 398 " March 3. Chap. 103. An act making appropriations for the naval service for the year ending the thirtieth of June, one thousand eight hundred and fifty 399 " March 3. Chap. 126. An act to provide for the settlement of the accounts of public officers and others who may have re- ceived moneys arising from military contributions, or other- wise, in Mexico 400 " 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 400 List op Contents. xxir EESOLUTIONS. PAGE 1849, Marcli 2. Ees. 12. A resolution, authorizing the secretary of war to furnish arms and ammunition to persons emigrating to the Territories of Oregon, California, and New Mexico... 404 " March 3. Kes. 14. Joint resolution relative to evidence in ap- plications for pensions by widows of deceased soldiers, under the act of July twenty-first, eighteen hundred and forty-eight 404 THIRTY-FIEST CONGRESS— J?rs< Session. 1850, June 17. Chap. 20. An act to increase the rank.and file of the army, and to encourage enlistments 405 " Sept. 16.- Chap. 54. An act making apprdpriations for the sup- port of the military academy for the year ending the thirtieth of June, one thousand eight hundred and fifty-one 406 " Sept. 26. Chap. 70. An act to increase the commissariat of the United States army 406 " Sept. 28. Chap; 78. An act making appropriations for the sup- port of the army for the year ending the thirtieth of June, one thousand eight hundred and fifty-one 406 " Sept. 28. Chap. 85. An act granting hounty land to certain officers and soldiers who have been engaged in ihe military service of the United States 407 EESOLUTIONS. 1850, July 29. Ees. 9. A resolution for restoring the settlement of the "three months' extra pay" claims to the accounting offi- cers of the treasury 411 " Sept. 28. Ees. 20. Joint resolution explanatory of certain acts therein mentioned 411 THIETY-PIEST CONGRESS— ySccont? Sessmn. 1851, March 3. Chap. 22. An act making appropriations for the sup- port of the rhililary academy for the year ending the thirtieth * of June, one thousand eight hundred and fifty- two 412 " 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 < 413 " March 3. Chap. 33. An act making appropriations for the sup- port of the army for the year ending the thirtieth of June, one thousand eight hundred and fifty-two 416 " March 3. Chap. 37. An act making appropriations for light- houses, light-boats, buoys, &c., and providing for the erec- tion and establishment of the same, and fo* other purposes... 417 EESOLUTION. 1851, March 3. Ees. 6. Joint Eesolution explaining the acts of July seventh, one thousand eight hundred and thirty-eight, March third, one thousand eight hundred and forty-three, and June seventeenth, one thousand eight hundred and forty-four 417 XXX List of Contents. THIRTY-SECOND CONGRESS— J^irsi SesHon. FASE 1852, Marcli 22. Chap. 19. An act to make land warrants assigna- ble, and for other purposes 417 " August 6. Chap. 81. 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- three, and for other purposes 419 " August 31. Chap. 110. An act making appropriations for the support of the army for the year ending the thirtieth of June, one thousand eight hundred and fifty-three 419 THIRTY-SECOND CONGRESS— ;Scconc; Session. 1853, Feb. 3. Chap. 41. An act to continue half-pay to certain -wi- dows and orphans 421 " Feb. 3. Chap. 58. An act for the relief of Brevet Brigadier- General Bennett Biley, and to enable him to settle his accounts with the United States 422 " March 3. Chap. 97. An act making appropriations for the civil and diplomatic expenses of government for the year ending the thirtieth of June, one thousand eight hundred and fifty-four , 423 " March 3. Chap. 98. An act making appropriations for the sup- port of the army, for the year ending the thirtieth of June, in the year ending one thousand eight hundred and fifty-four 423 THIRTY-THIRD CONGRESS— i^ir-si Session. 1854, May 10. Chap. 54. An act making appropriations for the support of the Military Academy for the year ending the thirtieth of June, onfe thousand eight hundred and fifty-five 424 " May 31. Chap. 60. An act to supply deficiencies in the ap- propriations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-four, and for other purposes 424 " August 4. Chap. 247. An act to increase the pay of the rank and file of the army, and to encourage enlistments 425 " August 4. Chap. 248. 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 Sep- tember twenty-eight, one thousand eight hundred and fifty.. 426 " August 5. Chap. 267. An act making appropriations for the support of the army, for the year ending the thirtieth of June, one thousand eight hundred and fifty-five > 427 EESOLUTION. 1864, January 14. Ees. 1. Joint resolution of thanks to General ' John E. Wool 428 List of Contents. xxxi THIRTY-THIED GO'SGU'ESS— Second Session. PAGE 1855, Peb. 28. Chap. 126. 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-six, and for other purposes 428 " March 3. Chap. 169. An act making appropriations for the support of the army, for the year ending the thirtieth of June,, one thousand eight hundred and fifty-six, and for other purposes 428 " March 3. Chap. 175. An act making appropriations for the civil and diplomatic expenses of government, for the year ending the thirtieth of June, one thousand eight hundred and fifty-six, and for other purposes 430 " March 3. Chap.' 199. An act to organize an institution for the insane of the army and navy, and of the District of Colum- bia, in the said District 430 " March 3. Chap. 207. An act in addition to certain acts grant- ing bounty land to certain ofiicers and soldiers who have been engaged in the military service of the United States.... 432 " March 3. Chap. 2'08. 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-six.. 435 KESOLUTION. 1855, Feb. 15. Ees. 9. A resolution authorizing lie President of the United States to confer the title of lieutenant-general by brevet, for eminent services 435 THIRTY -FOUBTH CONGRESS— Jir-si Session. 1856, April 5. Chap. 14. An act making appropriations for the pay- ment of invalid and other pensions of the United States, for the year ending the thirtieth of June, one thousand eight hundred and fifty-seven , 435 " :May 14. Chap. 26. An act to amend the act in addition to cer- tain acts granting bounty land to certain ofiicers and soldiers who have been engaged in the military service of the United States, approved March third, one thousand eight hundred and fifty-five 436 " August 1. Chap. 73. An act for the relief of the widows and orphans of the ofiicers, seamen and marines of the United States sloop of war Albany, and for other purposes 439 " 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, ope thousand eight hundred and fifty-seven 439 xxxii List of Contents. THIRTY-FOtJETH GOKGHUSS— Third Session. FASE 1857, Feb. 7. Chap. 36. An act supplementary to an act to organize an institution for the insane of the army and navy, and of the District of Columbia, m the said District, approved March third, one thousand eight hundred and fifty-five 440 " Feb. 16. Chap. 45. An act making appropriations for the sup- port of the military academy, for the year ending the thir- tieth of June, one thousand eight hundred and fifty-eight.... 443 " Feb. 21. Chap. 55. An act to increase the pay of the officers of the army 443 " 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 444 " 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," 445 " March 8. 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 446 " March 3. Chap. 119. An act to increase the pay of the Cadets at the West Point Academy 447 E-EBATA. Page 235.— Ees. 5.— Vol. 5, p. 247, should be vol. 3, p. 247. " 301.— Chap. 67. Year of approval should be 1832, instead of 1830. " 359.— Chap. 17 repealed by 2d sec. of act 14 Aug. 1848, chap. 173. CONSTITUTION OF THE UNITED STATES. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and es- tablish this Constitution for the United States of America. AKTICLE I. Section 1. 1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. 1. The House of Eepresentatives shall be composed of members chosen every second year by the people of the sev- eral states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. 2. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when'- elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and 3 34 Constitution of the United States. excluding Indians not taxed, tHree-fifths of all other per- sons. The actual enumeration shall he made within three years after the first meeting of the Congress of the United States, and within every suhsequent term of ten years, in such manner as they shall hy law direct. The numher of Eepresentatives shall not exceed one for every thirty thou- sand, hut each state shall have at least one Kepresentative; and until such enumeration shall he made, the state of New Hampshire shall he entitled to choose three ; Massachusetts eight; Rhode Island SiQ.A Providence Plantations one; Connecti- cut five ; New Yorh six ; New Jersey four ; Pennsylvania eight; Delaware one ; Maryland six ; Virginia ten ; North Caro- lina five ; South Carolina five ; and Georgia three. 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. 5 . The House of Eepresentatives shall choose their Speaker and other officers, and shall have the sole power of impeach- ment. Section 3. 1. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years ; and each Senator shall have one vote. 2. Immediately after they shall be assembled in conse- quence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class, shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year ; and if va- cancies happen by resignation or otherwise, during the re- cess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3 . No person shall he a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an in- habitant of that state for which he shall be chosen. Constitution of the United States. 35 4. The Vice-President of the United States shall be Pre- sident of the Senate, hut shall have no vote, unless they he equally divided. 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all im- peachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside ; and no per- son shall be convicted without the concurrence of two-third of the members present. 7. Judgment in cases of impeachment shall not ex- tend further than to removal from office, and disqualifi- cation to hold and enjoy any office of honor, trust, or profit, under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judg- ment, and punishment, according to law. Section 4. 1. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in De- cember, unless they shall by law appoint a different day. Section 5. 1. Each house shall be the judge of the flections, returns, and qualifications, of its own members ; and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such man- ner, and under such penalties as each house may provide. 36 Constitution op the United States. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section 6. 1. The senators and representatives shall receive a com- pensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the ses- sion of their respective houses, and in going to or return- ing from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created or the emoluments whereof shall have been increased during such time ; and no person holding any office under the United States, shall be a member of either house during his continuance in office. < Section *J. 1. All bills for raising revenue shall originate in the House of Eepresentatives ; but the Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Eepre- sentatives and the Senate, shall, before it become a law, be presented to the President of the United States ; if he ap- Constitution of the United States. 37 prove he shall sign it ; but if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two- thifds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote, to which the concur- rence of the Senate and House of Kepresentatives may be necessary, (except on a question of adjournment,) shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or be- ing disapproved by him, shall be repassed by two-thrrds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Section 8. The Congress shall have power — 1. To lay and collect taxes, duties, imposts, and excises ; to pay the debts and provide for the common defence and general welfare of the United States ; but all duties, imposts, and excises, shall be uniform throughout the United States : 2. To borrow money on the credit of the United Starf;es : 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes : 4. To establish an uniform rule of naturalization, and uni- form laws on the subject of bankruptcies throughout the United States : 38 Constitution of the United States. 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures : 6. To provide for the punishment of counterfeiting the securities and current coin of the United States.: 7. To establish post offices and post roads : 8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the ex- clusive right to their respective writings and discoveries : 9. To constitute tribunals inferior to the supreme court : to define and punish piracies and felonies committed on the high seas, and offences against the law of nations : 10. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water : 11. To raise and support armies ; but no appropriation of money to that use, shall be for a longer term than two years : 12. To provide and maintain a navy : 13. To make rules for the government and regulation of the land and naval forces : 14. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel inva- sions : 15. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discip- • line prescribed by Congress : 16. To exercise exclusive legislation in all cases whatso- ever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places pur- chased, by the consent of the legislature of the state in which the same shall be, for the erection efforts, magazines, arse- nals, dockyards, and other needful buildings : — and, 17. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all Constitution of the United States. 39 otlier, powers vested by this •constitution in tlie government of the United States, or in any department or officer thereof. Section 9. 1. The migration or importation of such persons as any of the states now existing ■ shall think proper to admit, shall not be prohibited by the Congress prior to the year one . thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law, shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before di- rected to be taken. 5. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another : nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the treasury, but in consequence of appropriations made by law : and a regular statement and account of the receipts and expenditures of all public money, shall be published from time to time. ' 7. No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them, shall, without the consent of the Congress, ac- cept of any present, emolument, office, or title, of any kind whatever, frOm any king, prince, or foreign state. Section 10. 1. No state shall enter into any treaty, alliance, or con- federation; grant letters of marque or reprisal; coin money; emit bills of credit ; make any thing but gold and silver 40 CoNSnTTrriON of the United States. coin a tender in payment of -debts ; pass any bill of at- tainder, ex post facto law, or law impairing tbe obligation of contracts ; or grant any title of nobility. 2. No state sball, without the consent of tbe Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the - treasury of the United States, and all such laws shall be subject to the revision and control of the Congress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war ih time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually in- vaded, or in such imminent danger as will not admit of delay. AETICLE II. Section 1. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office dur- ing the term of four years, and, together with the Vice-Pre- sident, chosen for the same term, be elected as follows : 2. Each state shall appoint, in such manner as the legis- lature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. [The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. Constitution of the United States. 41 The president of tlie senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such num- ber be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of represen- tatives shall immediately choose, by ballot, one of them for President ; and if no person have a majority, then from the five highest on the list, the said house shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote : a quorum for this purpose shall con- sist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors, shall be the Vice-President. But if there should remain two or more who have equal votes, the senate shall choose from them, by ballot, the Vice-President.]* 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. 5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this Con- stitution, shall be eligible to the office of President; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been four- teen years a resident of the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may, by law, provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accord- ♦ This clause superseded — See Amendmenta, art. 12. 42 Constitution of the United States. ingly, until the disability be rein(5ved, or a President slaall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his oifice, he shall take the following oath or affirmation : 9. "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." Section 2. 1. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States : he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and par- dons for offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and con- sent of the senate, to make treaties, provided two-thirds of the senators present concur : and he shall nominate, and by and with the advice and consent of the senate, shall appoint am- bassadors, other public ministers, and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the senate, by grant- Constitution of the United States. 43 ing commissions -which shall expire at the end of their next session. Section 3. 1. He shall, from time to time, give to the Congress in- formation of the state of the union, and recommend to their consideration, such measures as he shall judge necessary and expedient ; he may, on extraordinary occasions, convene hoth houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed ; and shall commission all the officers of the United States. Section 4. 1. The President, Vice-President, and all civil ofScers.of the United States, shall be removed from offiice on impeach- ment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. AKTICLE III. Section 1. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Con- gress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior ; and shall, at stated times receive for their services a compensation which shall not be diminished during their continuance in office. Section 2. 1. The judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers, and consuls ; to all cases of admiralty and 44 Constitution op the United States. maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more states, between a state and citizens of ianother state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or subjects.* 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the su- preme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appel- late jurisdiction, both as to law and fact, with such excep- tions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the, state where the said crimes shall have been committed ; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. Section 3. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their ene- mies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punish- ment of treason ; but no attainder of treason shall work cor- ruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. • Section 1. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may, by general laws, prescribe * See amendments, art. 11. Constitution of the United States. 45 the manner in whicli sucli acts, records, and proceedings, shall be proved, and the effect thereof. Section 2. 1. The citizens of each state shall be entitled to all privi- leges and immunities of citizens in the several states. 2. A person charged in any state with treason^ felony, or other crime, who shall flee from justice^ and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. 3. No person held to service or labor in one state under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor ; but shall be delivered up on claim of the party to whom such service or labor may be due-. Section 3. 1. New states may be admitted by the Congress into this Union ; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concern- ed, as well as of the Congress. 2. The Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. Section 4. 1. The United States shall guaranty to every state in this Union a republican form of government, and shall protect each of them against invasion ; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. 46 Constitution op the United States. AETICLE V. 1. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution ; or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; provided, that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no state without its con- sent, shall be deprived of its eqnal suffrage, in the senate. AETICLE VI. 1. All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation. 2. This constitution, and the laws of the United States which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land ; and the judges in every state shall be bound thereby ; anything in the consti- tution or laws of any state to the contrary notwithstanding. 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all execu- tive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this constitution : but no religious test shall ever be required as a qualification to any office or public trust under the United States. Constitution of the United States. 4t AETICLE VII. 1 . The ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution be- tween the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America, tlie twelfth. In witness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President, and Deputy from Virginia. NEW HAMPSHIRE, John Langdon, Nicholas Gilman. MASSACHUSETTS. Nathaniel Gorham, Rufus King. CONNECTICUT. Wm. Samuel Johnson, Eoger Sherman. NEW YOKE. • Alexander Hamilton. NEW JEESEY. William Livingston, David Brearly, William Patterson, Jonathan Dayton. PENNSYLVANIA. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared IngersoU, James Wilson, Governeur Morris. Attest, DEL AW ABE. George Read, Gunning Bedford, jun. John Dickinson, Richard Bassett, Jacob Broom. MARYLAND. James M' Henry, Daniel of St. Thomas Jenifer, Daniel Carroll. , VIRGINIA. John Blair, James Madison, jun. NORTH CAROLINA. William Blount, Richard Dobbs Spaight, Hugh Williamson. SOUTH CAROLINA. John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. GEORGIA. William Few, Abraham Baldwin. WILLIAM JACKSON, Secretary. 48 Amendments to the Constitution. AMENDMENTS TO THE CONSTITUTION. AKTICLE I. Congress shall make no law respecting an estaWisliment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II. A well regulated militia being necessary to the •security of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law.* ARTICLE I,V. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue, but upon probable cause, supported by oath or affir- mation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of * It is not perceived, that the "manner"' of quartering soldiers in time of war, without the consent of the owners of houses, has yet been prescribed bj law. Amendments to the Constitution. 49 war or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law ; nor shall private property be taken for public use without just compensation. AETIdLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been com- mitted, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than accord- ing to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishmeuts inflicted. ARTICLE IX. The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. 4 50 Amendments to the Constitution. AETICLE XI. The judicial power of the United States shall not be con- strued to extend to any suit in law or equity, commenced or prosecuted against one of the United States hy citizens of another state, or by citizens or subjects of any foreign state. AETICLE XII.* 1. The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President ; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, di- rected to the President of the Senate ; the President of the Senate shall, in the presence of the senate and house o^ representatives, open all the certificates, and the votes shall then be counted : the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the house of represen- tatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or mem- bers from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth * See article 2, section 1, clause 3. ExjLBS AND Articles of War. 51 Say of March next following, then the Vice-President shall act as President, as in the case of the death or other consti- tutional disability of the President. 2. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the Vice-Presi- dent : a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States. RULES AND ARTICLES OF WAR.* In Congress — September 20, 1776. Besolved, That from and after the publication of the fol- lowing articles, in the respective armies of the United States, the rules and articles by which the said armies have hereto- fore been governed, shall be, and they are, hereby repealed. SECTION I. Akticlb 1. All officers retained, shall subscribe these rules and re- gulations. Akt. 2. Divine service — deportment at, and penalty for misbehavior. Art. 3. Profane swearing — penalty therefor. Aet. 4. Chaplain — penalty for undue absence. * These rules and articles with their supplements, were adopted for the army of the United States, under the Constitution, and remained in force till 1806, when they were repealed and supplied. 52 EuLES AND Articles of War. SECTION n. Aet. 1.. Traitorous or disrespectful words against Congress or State Legislatures. Art. 2. Contempt or disrespect towards the geaeral-in-cliief. Art. 3. Mutiny — penalty therefor. Art. 4. Suppression of mutiny — penalty for omitting utmost en- deavors. Art. 5. Kesistance to military superiors, disobedience of lawful com- mands. SECTION ni. Art. 1. Articles of war to be read, and oath administered to recruits on enlistment. Oath. Art. 2. Discharge of non-commissioned officers and soldiers. SECTION IV. Art. 1. Musters. Art. 2. Furloughs to non-commissioned officers and soldiers, limita- tion of, and by whom granted. Art. 3. Absentees at muster, certificates in relation to. Art. 4. False certificate, penalty for. Art. 5. False musters, penalty therefor. Art. 6. Commissary of musters receiving money by way of gratifi- cation, to be removed. Art. 7. Musters of persons not soldiers, regarded as false musters. SECTION V. Art. 1. False returns, penalty. Art. 2. Monthly returns to be remitted to Congress and the com- mander-in-chief, penalty for failure. SECTION VI. Art. 1. Desertion, penalty of. Art. 2', Absence without leave, to be punished. Art. 3. Re-enlisting before discharge deemed desertion, penalty for entertaining deserters. Art. 4. Advising desertion, penalty for. SECTION VII. Art. 1. Reproachful or provoking speeches, &c., prohibited. Art. 2. Duelling — challenges to fight prohibited. . Art. 3. Commanders of guards suffering persons to go forth to fight duels, to be punished as challengers. KuLES AND Articles of War. 53 Art. 4. Quelling frays and quarrels. Art. 5. Officer or soldier upbraiding another for refusing a chal- lenge to be punished as a challenger. , SECTION VIII. Art. 1. Sutlers, when they shall close their shops. Art. 2. Introduction of provisions, &c., into garrison or forts.* Art. 3. Sutlers to supply good and wholesome provisions at the market price. Art. 4. Commanding officers not to exact exorbitant rent for houses, &c. , let to sutlers nor to be interested in the sale of supplies, nor to lay any duty thereon for their private advantage. SECTION IX. Art. 1. Commanding officers to keep good order in quarters, &c., and redress abuses to the utmost of their power. SECTION X. Art. 1. Officers and soldiers accused of capital crimes, or offences against citizens, to be delivered up to the civil magistrates, upon ap- plication duly made. Art. 2. No person to be protected from his creditors on pretence of being a soldier, f SECTION XI. Art. 1. Redress of grievances of commissioned officers.} Art. 2. Redress of grievances of inferior officers and soldiers. * Repealed and supplied by resolution of 14tli April, 1777. t Tuesday, December 26, 1775. Whereas there is reason to believe, that divers persons, either from inattention to the public good, or with design to retard the recruiting service, have arrested and imprisoned, for very trifling debts, many soldiers, who had engaged to risk their lives in defence of the liberties of America ; and, as it has always been found necessary, in time of war, to regulate and restrain a practice of such pernicious tendency, and in such cases, to abate the rigor of the law : EeBolved, therefore, That it be recommended to the several legislatures in these colonies, whether assemblies or conventions, to pass acts or ordinances, prohibit- ing the arrests of continental soldiers for small debts ; and in order that the same rule may pervade all the colonies, that no soldier be arrested at the suit of any of his creditors, unless the said creditor make oath, that the said soldier is justly in- debted to him in the sum of thirty-five dollars over and above all discounts ; and that the estate of no such soldier be liable to attachment at the suit of, or for the benefit of all his creditors, unless their debts in the jvhole, on being ascertained by their oaths, shall amount to more than one hundred and fifty dollars. ^: Repealed and supplied by resolution of lith April, 1777. 54 Etjles and Articles of War. SECTION xn. Art. 1. Embezzlement, waste, and misapplication of military stores by officers. Art. 2. Waste and sale of ammunition by non-commissioned officers and soldiers. _ , Art. 3. Loss and sale of horses and military equipments. Art. 4. Embezzlement and misapplication of public money. ^ Art. 5. Captains charged with the supplies for their companies. SECTION xni. Art. 1. Absence from camp without leave, punished. Art. 2. Lying out of quarters, &c., without leave. Art. 3. Retiring to quarters at retreat beat. Art. 4. Absence from parade. Art. 5. Drunkenness on guard or other duty. Art. 6. Sentinels sleeping on post. Art. 7. Hiring of duty. Art. 8. Conniving at the hiring of duty. Art. 9. False alarms punished. Art. 10. Quitting the ranks punished. Art. 11. Violence to traders not allowed. Art. 12. Cowardice punished by death. Art. 13. Misbehavior before the enemy — pillaging after victory. Art. 14. Casting away arms, &c.' Art. 15. Imparting watch-word to persons not entitled to receive it. Art. 16. Officers and soldiers to behave orderly in quarters and on marches — not to commit waste or spoil unless by order of the command- er-in-chief. . Art. 17. Forcing safe guards. Art. 18. Relieving the enemy. Art. 19. Holding correspondence with the enemy. Art. 20. Public stores captured from the enemy. Art. 21. Leaving post or colors in search of plunder. Art. 22. Posts forcibly surrendered by their garrisons. Art. 23. Sutlers and retainers subject to orders. Art. 24. Brevets and former commissions — when to take efiFect. Art. 25. Troops joining on marches, guards or in quarters — eldest officer shall command the whole and give out orders for what is needful to the service. Art. 26. Troops marching or encamped together; eldest officer without respect to corps shall command the whole. SECTION XIV.* Art. 1. General courts-martial not to consist of less than thirteen commissioned officers. • * This section, and such articles as relate to the holding of courts-martial and confirmation of sentences, were repealed and supplied bj resolutions of the Slst of Maj, 1786. EuLBS AND Articles of War. 55 Art. 2. Members to take rank according to the composition of the court. Art. 3. Judge advocate general to prosecute in the name of the United States. Oaths of members. Oath of judge advocate. Art. 4. Behavior of members, and mode of voting. Art. 5. "Witnesses to be examined on oath — ^two-thirds of the mem- bers necessary to a sentence of death. Art. 6. Witnesses refusing to give evidence, punishable. Oath of witnesses. Art. 7. Field officers — trial of — hours of proceeding. Art. 8. Sentences of general courts-martial.* Art. 9. Disputes between individuals of diiferent corps. Art. 10. Regimental courts-martial — powers. Art. 11. Organization of regimental courts-martial. Art. 12. Garrison or detachment courts-martial. Art. 13. Dismissal of commissioned officers. Art. 14. Conduct in presence of c'ourts-martial, &c. Art. 15. Offenders to be arrested and confined. Art. 16. Limitation of arrest and confinement. Art. 17. Refusal to receive prisoners. Art. 18. Release and escape of prisoners. Art. 19 Provost martial to make daily reports of prisoners confined. Art. 20. Breach of arrest. ' Art. 21. Conduct unbecoming an officer and gentleman. Art. 22. Officers cashiered for cowardice or fraud — sentence to be published in newspapers, in and about the camp, and of the state from which the offender came. SECTION XV. Art. 1. Effects of commissioned officers who die or are killed in service. Art. 2. Efiects of non-commissioned officers and soldiers who shall happen to die or be killed in service. SECTION XVI. Art. 1. Artillery subject to rules and articles of war. Art. 2. Artillery courts-martial. SECTIONS xvn. Art. 1. Militia, &c., when in continental pay, subject to these rules and articles of war. Art. 2. Officers of the regular forces of the United States, take rank of those of like grades serving by state authority, without regard to dates. * Repealed and supplied by resolution of 14th April, 1777. 56 KuLES AND Articles of Wae. SECTION xvni. Art. 1. Those articles to be read once in two months. Art. 2. Mitigation of punishment.* Art 3. Sentence of death — limitation of corporeal punishment — original proceedings of courts-martial to be filed in war office. Art. 4. Pines to be collected and applied to relief of the sick. Art. 5. Crimes not capital, &c., punishable'at diseretita of courts- martial. In Congress. — April 14, 1T77. Resolved, That from and after tlie publication hereof, the 2d article of the 8th section^ the 1st article of the 11th sec- tion, the 8th article of the 14th section, and the 2nd article of the 18th section, of .the rules and article^ for the better government of the troops raised, or to be raised, and kept in pay by, and at the expense of, the United States of America, passed in Congress the 20th day of September, ITYB, shall be, and they are hereby, repealed ; and that the four follow- ing articles be substituted in tire place and stead thereof. Art. 1. All officers and soldiers at liberty to bring provisions into forts or garrisons except when contracted for by Congress. Art. 2. Officers wronged by their colonel and refused redress may complain to the general commanding who shall take measures to re- dress the wrong, and report the case to Congress. Art. 3. Sentences of general courts-martial to be reported to Con- gress or commander-in-chief for orders before execution. -j- Art. 4. Continental generals may appoint general courts-martial and pardon or mitigate all punishments authorized, except sentence of death, which they shall suspend and report with proceedings to the Congress.! In Congress — May 11, 1777. The general or commander-in-chief may pardon or mitigate any of the punishments authorized to be inflicted by the rules and articles of war. In Congress — June 14, 1777. Resolved, That the flag of the thirteen United States, be thirteen stripes, alternate red and white : that the union be ♦Repealed and supplied by resolution of 14th April, 1777. •f Modified by resolutions of 27th May, and 18th June, 1777. EuiES AND Articles op Wae. 57 thirteen stars, wliite in a blue, field, representing a new con- stellation.* In Congress — June 18, Vlfl. Besolved, That a general officer commanding a separate department^ be empowered to grant pardons to, or order ex- ecution of, persons condemned to suffer death by general courts-martial, without being obliged to report the matter to Congress or the commander-in-chief. In Congress — April 12, 1'785. Besolved, That the non-commissioned officers and privates to be raised by the resolution of the seventh day of the pres- ent month, April, be furnished by the states hereinafter mentioned, in the following proportions : Connecticut, .... 165 New York, 165 New Jersey, . . . . 110 Pennsylvania, .... 260 YOO Commissioned officers to be furnislied by the states named. Pay of officers, non-commissioned officers, and soldiers, f Troops to be organized into one regiment, consisting of eight com- panies of infantry, and two of artillery. When embodied, shall be subject to the rules and articles of war. Clothing. Rations. In Congress— ifa?/, 31, 1786. Whereas crimes may be committed by officers and soldiers, serving with small detachments of the forces of the United States, and where there may not be a sufficient number of officers to hold a general court-martial, according to the rules and articles of war, in consequence of which criminals may escape punishment, to the great injury of the discipline of the troops and the public service : Besolved, That the 14th section of thQ rules and articles for the better government of the troops of the United States, ♦Altered by act of 13th January, 179i. fThe provisiona of this resolution in regard to pay. Ware adopted by a resolu- tion of the 3d of October, 178?, and again by an act of Congress"Of 29th Septem- ber, 1789. Repealed and supplied by act of 30th April, 1790. 58 Etjlbs and Articles of War. and such other articles as relate to the holding of courts- martial, and the confirmation of the sentences thereof, be, and they are hereby repealed. Resolved, That the following rules and articles for the ad- ministration of justice, and the holding of courts-martial, and the confirmation of the sentences thereof, be duly ob- served, and exactly obeyed by all officers and soldiers, who are, or shall.be in the armies of the United States. ADMINISTKATION OP JUSTICE. Aet. 1. G-eneral courts-martial may consist of any number of com- missioned officers from five to thirteen. Art. 2. General courts-martial shall be ordered as often as the cases may require, by the general, or officer commanding the troops. Sen- tences not to be executed until after the proceedings shall have been laid before him ; nor then, in time of peace, if they extend to loss of life, or dismission of commissioned officers ; nor in time of peace or war, if they respect general officers, until laid before Congress for their orders. Art. 3. Officers commanding regiments or corps may appoint regi- mental courts-martial and decide upon their sentences. Art. 4. Regimental or garrison courts-martial not to try capital cases, nor commissioned officers ; nor inflict a fine exceeding a month's pay, nor imprison or put to hard labor for more than one month. Art. 5. Members of all courts-martial, take rank according to the composition of the courts. Art. 6. Judge-advocate shall prosecute in the name of the United States, but after the plea of the prisoner, shall shield him from self- crimination by any question to himself or leading questions to witnesses. Oaths of members. Oath of judge-advocate. Art. 7. Members to behave with decency, and in voting begin with the youngest in commission. Art. 8. Witnesses shall be examined on oath — sentence of death re- quires concurrence of two-thirds of the members. Art. 9. Oath of a witness. Art. 10. On trials not capital, depositions of witnesses not of the army may be taken and read in evidence. Art. 11. Officers not to be tried but by general courts-martial, nor by inferior grades if it can be avoided — hours of proceeding. Art. 12. Conduct in presence of court-martial. Art. 13. Dismissal of officers, and discharge of non-commissioned officers and soldiers. . Art. 14. Arrest and confinement of officers — breach of arrest. Art. 15. Imprisonment of soldiers. Art. 16. Limitations of arrest and confinement. Art. 17. Refusal to receive prisoners. Art. 18. Release and escape of prisoners. First Congress, Fiest Session, Ch. 7, 1789. 59 Art. 19. Prisoners to be reported daily. Art. 20. Scandalous behavior. Art. 21. SuSpension. ^ Art. 22. Officers cashiered for cowardice — sentence to be published in newspapers, &c. Art. 23. Commanders of posts shall report the necessity for general courts-martial to commanders of departments, &c. Art. 24. Sentence of death — limitation of corporeal punishment. Proceedings of general courts-martial to be filed in war office. Party tried entitled to copy on demand. Art. 25. Courts of inquiry — organization — rules of proceeding, and powers. Art. 26. Proceedings may be admitted as evidence by courts-mar- tial, &c. — courts of inquiry prohibited unless demanded by the accused. Art. 27. Oaths of members, judge-advocate and witnesses. Desertions to be immediately reported to the commanding officer present. Deserters to be vigorously pursued, advertised in newspapers, and reward of ten dollars ofiFered for the apprehension of each. In Congress — October 3, 1787. Whereas the time for which, the greater p^rt of the troops on the frontiers are engaged, "will expire in the course of the ensuing year, 700 troops shall be stationed on the frontiers. ~ Re-enlistment of those in service. 700 troops shall be raised for three years. Organization. Pay and allowances. Chapter 7. — Approved August 7, 1789. — ^Vol. 1, p. 49. An Act to establish an Executive Department, to be denominated the Depart- ment of War.* 1. Department of war established. Sec- retary thereof. Duties of the Secretary of War to include naval and military af- fairs. Secretary subject to the Presi- dent's instructions. 2. Chief clerk of the department of war. His duties. 3. Oath of office of the Secretary of War and his clerks. 4. Secretary to take charge of papers, &o. of the former war department. Sec. 1. That there shall be an executive department, to * How the Department had been organized in vol. 1, p. 49. 60 FiEST Congress, First Session, Oh. 7, 1789. be denominated the department of war ; and that there shall be a principal officer therein, to be called the Secretary for the department of War, who shall perform and execute such du- ties as shall, from time to time, be enjoined on, or entrusted to, him, by the President of the United States, agreeable to the constitution, relative to military commissions, or to the land or naval forces,* ships, or warlike stores, of the United States, or to such other matters respecting military or naval affairs, as the President of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, for relative to Indian affairs : and furthermore, that the said principal officer shall conduct the business of the said department in such manner as the President of the United States, shall, from time to time, order or instruct. Sec. 2. That there shall be in the said department, an infe- rior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the department of war, and who, when- eyer the said principal officer shall be removed from office by the President of the United States or in any other case of vacancy, shall during such vacancy, have the charge and custody of all records, books and papers, appertaining to the said department. Sec. 3. That the said principal officer, an,d every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office or em- ployment, take an oath or affirmation well and faithfully to execute the trust committed to him. Sec. 4. That the secretary for the department of war, to be appointed in consequence of this act, shall, forthwith af- ter his appointment, be entitled to have the custody and charge of all records, books and papers, in the office of sec- retary for the department of war, heretofore established by the United States in Congress assembled. [Approved, August "7, 1789.] * Conferred on Secretary of Navy, 30th April, 1798. t Now transferred to Interior Department. First Congeess, Second Session, Ch. 10, 1790. 61 Chapter 25.— Approved September 29, 1789.— Vol. 1, p. 95. An Act to recognise and adapt to the constitution of the United States, the estab- lishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned.* Sec. 1. Establishment of 3d Oct. 1787, recognized, &c. Sec. 2. Pay and allowances of troops recognized. Sec. 3. Officers and privates to take oaths. Forms of the oaths. Sec. 4. Troops to be governed by established rules and articles of war, &c. Sec. 5. President may call out militia to protect against Indians, &c. Pay, &o. , of militia in service. Sec. 6. Limitation of this act. Chapter 10.— Approved April 30, 1790.— Vol. 1, p. 119. An Act for regulating the Military Establishment of the United States.f Sec. 1. 1,216 non-commissioned officers, privates, &c. for 3 years. Sec. 2. Height and age. 5 feet 6 inches. Sec. 3. One regiment of infantry, and a battalion of artillery. Composition of the regiment of infantry. Composition of the battalion of artillery. Proviso : as to appointments from the line. Sec. 4. Inspectors : their duty, &c. Sec. 5. Pay of the troops. Proviso: as to deductions for clothing and hospital stores. Sec. 6. Additional pay of subalterns acting as adjutants, &c. Sec. 7. Rations of commissioned officers. Money for rations. Sec. 8. Money instead of forage. Sec. 9. Uniform clothing for non-commissioned officers, privates, &c. Sec. 10. Rations for non-commissioned officers, privates, &o. Or the value thereof. Sec. 11. Pensions to invalids. Proviso: as to amount of pension. Proviso : as to inferior disabilities. Sec. 12. Officers, privates, &c. to take an oath. Form of the oath. Sec. 13. Troops to be governed by the rules and articles of war, &c. Sec. 14. Act of the 29th Sept. 1789, repealed. Non-commissioned officers and privates, declining to re-enlist, may be discharged, &c. Proviso : the whole number of troops not to exceed 1,216. Sec. 15. President may call militia, in aid of the regular troops, &o. * Repealed by act of 30th of April, 1790, sec. 14. ■f- Repealed and supplied by act of 3d of March, 1795 ; which recognized and continued the then existing establishment. 62 Second Congress, Fikst Session^ Ch. t, 1'792. Chapter 28.— Approved 3d March, 1791.— Vol. 1, p. 222. An Act for raising and adding another regiment to the military establishment of the United States, and for making farther provision for the protection of the frontiers.* Sec. 1. An additional regiment of 912 men. Sec. 2. Organization of the regiment. Sec. 3. Pay, allowances, regulations, term of service, &c. Sec. 4. Bounty for enlistment. Sec. 5. Officers to be appointed at the President's discretion. Aids- de-camp, brigade majors, &c. Proviso : as to term of pay of major and brigadier-generals. Sec. 6. Pay and allowances: to major-general : to brigadier-general : to quartermaster : to aid-de-camp : to brigade-major : to chaplain. Sec. 7. President may employ militia, cavaby, &o. Sec. 8. President may employ levies in addition, or in place of mili- tia, &c. for a term not exceeding six months. In case the regiment authorized cannot be completed in time, the President may supply the deficiency by levies and militia. Sec. 9. Organization and commissioned officers of levies. Sec. 10. Militia and levies subject to the rules and articles of war, &o. Sec. 11. Levies entitled to proportional quantity of clothing, &c. Sec. 12. 3 dollars bounty to each of the levies. Sec. 13. President may engage an additional number of surgeon's mates. Sec. 14. Two dollars allowed for every recruit. Sec. 15. Appropriation for expenses to be incurred by this act. Not exceeding 312,686 dollars 20 cents. Fund. Sec. 16. President may borrow the sum appropriated, at an interest not exceeding six per cent. Pledge of fund. And of public faith. Chapter 7.— Approved February 20,1792.— Vol. 1, p. 239. An Act to establish the Post Office and Post Roads within the United States. Sec. 27. Deputy postmasters and persons employed in transporting the mails exempt from militia duty, or from fines and penalty for ne- glect thereof, f * Repealed and'supplied by act of 3d March, 1795. t Repealed and supplied by 27th sec. act 1794, ch. 24, vol. 1, p. 336, which was repealed and supplied by the acts of 2nd March, 1799, vol. 1, 740, April 30, 1810,. vol. 2, p. 603, and March 3d, 1835, vol 4, p. 112. Second Congkess, First Session, Ch. 9 & 14, 1Y92. 63 Chapter 9.— Approved Marcli 5, 1792.— Vol. 1, p. 241. An Act for making farther and more effectual proTision for the protection of the Frontiers of the United States.* Sec. 1. The battalion of artillery, and two regiments of infantry to be completed. Sec. 2. Three additional regiments to be raised, for three years, &c. Each to consist of 900, &c. One to be organized as mentioned. A squadron of light dragoons, &c. Dragoons to serve dismounted. Or- ganization of the squadron of light dragoons. President may arm dragoons, &c. Sec. 3. President may organize the troop as he may judge expedi- ent, &c. Three regiments to be discharged on peace with the Indians. Sec. 4. Term of enlistment three years, unless sooner discharged. Sec. 5. 8 dollars bounty. The same bounty to those already enlisted. Sec. 6. Allowance to recruiting officers, &c. Sec. 7. Monthly pay of the officers and privates. Sec. 8. Rations for officers and privates, &c. Sec. 9. Forage to additional regiments. Sec. 10. Clothing for the infantry as by law established. Clothing to be provided for the cavalry, &e. Sec. 11. Oaths, regulations and compensations, according to the act mentioned. Sec. 12. President may forbear to raise, &c. any part, or the whole, of the three regiments, &c. Sec. 13. President may from time to time, call cavalry into service, &c. Pay of cavalry ; finding horses, &c. pay in lieu of rations, &c. Sec. 14. President alone to appoint commissioned officers ; number, rank, pay, &c. Sec. 15. President may employ Indians, &c. Proviso: compensa- tions to Indians not to exceed 20,000 dollars. Chapter 14.— Approved March 28, 1792, vol. 1, p. 246. An Act supplemental to the act for making farther and more effectual provision for the protection of the Frontiers of the United States, t Sec. 1. The President may appoint four brigadier-generals. * Repealed and supplied by act of 3d March, 1T95. t The act of 3d March, 1795, recognized and continued the then existing estab- lishment, without enumerating officers. The provisions of this act appear, there- fore, to have been in force till superseded by act of 30th May, 1796. 64 Second Congbbss, Fikst Session, Ch. 33, 1T92. Chapter 28.— Approved" May 2, 1792, vol. 1, p. 264. An Act to provide for calling forth the Militia to execute the Laws of the Union, to suppress insurrections and repel invasions. Repealed 1795, ch. 36, sec. 10. Sec. 1. In case of invasion or danger of invasion the President may call forth the militia most convenient to the place of danger. Sec. 2. Opposition to the laws of the United States to be reported to the President who shall call forth the militia. Sec. 3. Proclamation to insm'gents to disperse. Sec. 4. Pay of militia employed by the United States. Sec. 5. "Penalty for disobeying the President. Sec. 6. Courts-martial in the cases, to be composed of militia officers. Sec. 7. Fines to be collected by the marshal. Sec. 8. Pay over fines to supervisor, &c. Sec. 9. Powers of the marshal. Sec. 10. Act to continue two years, and until end of next Congress. Chapter 33.— Approved May 8, 1792, vol. 1, p. 272. An Act more effectually to provide for the national defence, by establishing an uni- form militia throughout the United States.* 1. Every able bodied white male citi- zen, of the age of 18, and under 46 years, to be enrolled, &c. Duty of captains with respect to enrolling, &o. Citizens enrolled, to provide themselves with arms and accoutrements in six months after enrolment, &c. Militiamen to ap- pear armed, &c., when called out to ex- ercise, &c., except, &c. Muskets to car- ry balls eighteen to the pound. Arms, &c., free from distress, executions, &c. 2. Enumeration of officers and per- sons, who are exempt from militia duty under this act. 3. Militia in each state to be arranged into divisions, brigades, Ac, as the leg- islature thereof may direct. Organiza- tion of brigades, regiments, &c. To be officered by the states in the manner here prescribed. 4. One company of grenadiers, light- infantry or riflemen, to each battalion. A company of artillery and troop of horse to each division. Officers of the dra- goon8,their horses, arms, &c. Dragoons, their horses, arms, &c. Company of ar- tillery and troop of horse to be forined of volunteers, &c. 6. Colors to battalions and regiments, and by whom provided. 6. An adjutant-general in each state. His duties. 8. Commissioned officers to take rank according to date, &c. 9. Militiamen wounded and disabled in public service, to be provided for, &c. 10. Duties of brigade inspectors. Sec. 1. That each and every free ahled bodied white * See additional act of 2d March, 1803, by which the provisions of this act are modified in some respects. Second Congress, First Session, Ch. 33, 1792. 65 male citizen of tlie respective states, resident therein, wlio is or shall be of the age of eighteen years, and under the age of forty-five years, (except as hereinafter excepted,) shall, severally and respectively, be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall, at all times hereafter, be the duty of every such captain or com- manding officer of a company, to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or, being of the age of eighteen years and under the age of forty-five years, (except as before excepted,) shall come to reside within his bounds ; and shall, without delay, notify such citizen of the said en- rolment, by a proper non-commissioned officer of the com- pany, by whom such notice may be proved. That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket,* or firelock, a sufficient bayonet and belt,, two spare fiints, and a knap- sack, a pouch, with a box therein to contain not less than tweuty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of pow- der and ball ; or, with a good rifle, knapsack, shot pouch and powder horn, twenty balls, suited to the bore of his rifle, and a quarter of a pound of powder ; and shall appear, so armed, accoutred, and provided, when called out to exer- cise, or into service ; except, that when called out on com- pany days to exercise only, he may appear without a knap- sack. That the commissioned officers shall, severally, be armed with a sword or hanger, and espontoon ; and that, from and after five years from the passing of this act, all muskets for arming the milita, as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition, and accoutrements, required as afore- * Enjoined again 2d March, 1803, ch. 15, p. 2. 66 Second Congress, First Session, Ch. 33, 1792. said, shall hold the same exempted from all suits, distresses, executions, or sales, for- debt, or for the payment of taxes. Sec. 2. That the Vice-President of the United States ; the officers, judicial and executive, of the government of the United States ; the members of both houses of Congress and their respective officers ; all custom-house officers, with their clerks ; all post officers, and stage drivers, who are employed in the care and conveyance of the mail of the post office of the United States ; all ferrymen employed at any ferry on the post road ; all inspectors of exports ; all pilots ; all mariners, actually employed in the sea service of any citizen or merchant within the United States ; and all persons who now are, or may hereafter be, exempted by the laws of the respective states, shall be, and are hereby, exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years. Sec. 3. That within one year after the passing of this act, the militia of the respective states shall be arranged into divisions, brigades, regiments, battalions, and companies, as the legislature of each state shall direct ; and each division, brigade, and regiment, shall be numbered' at the formation thereof ; and a record made of such numbers in the adjutant- general' s office in the state ; and when in the field, or in service in the state, each division, brigade, and regiment shall, respectively, take rank according to their numbers, reckoning the first or lowest number highest in rank. That, if the same be convenient, each brigade shall consist of four regiments ; each regiment of two battalions ; each battalion of five companies ; each company of sixty-four privates. That the said militia shall be officered by the respective states, as follows : To each division,* one major-general and two aids-de-camp, with the rank of major ; to each brigade, one brigadier-general, with one brigade-inspector, to serve also as brigade-major, with the rank of a major ; to each regiment, owef lieutenant-colond commandant; and to each * See for division officers, 18th April, 1814, ch. 80, toI. 3, p. 13i. t One colonel, one lieutenant-colonel and one major, 20th April, 1816, ch, 44, vol. 3, p- 295. Second Congress, First Session^ Ch. 33, 1Y92. 67 battalion, one major ; to eacli company, one captain, one lieutenjant, one ensign, four sergeants, four corporals, one drummer, and one fifer or bugler. That tbere sball be a regimental staff, to consist of one adjutant and one quarter- master,* to rank as lieutenants ; one paymaster ; one sur- geon, and one surgeon's mate ; one surgeon-major ; one drum-major, and one fife-major. Sec. 4. That out of the militia enrolled, as is herein direct- ed, there shall be formed, for each battalion, at least one com- pany of grenadiers, light infantry, or riflemen ; and that, to each division, there shall be at least one company of ar- tillery, and one troop of horse : there shall be to each com- pany of artillery, one captain, two lieutenants, four ser- geants, four corporals, six gunners, six bombardiers, one drummer, and one fifer. The officers to be armed with a sword, or hanger, a fusee, bayonet and belt, with a cartridge box, to contain twelve cartridges ; and each private, or ma- tross,. shall furnish himself with all the equipments of a pri- vate in the infantry, until proper ordnance and field artil- lery is provided. There shall be, to each > troop of horse, one captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses, of at least, fourteen hands and an half high, and to be armed with a sword, and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and a half high, a good saddle, bridle, mail pillion, and valise, holsters, and a breast plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch box, to contain twelve cartridges for pistols. That each com- pany of artillery and troop of horse shall be formed of volun- teers from the brigade, at the discretion of the commander- in-chief of the state, not exceeding one company of each to a regiment, nor more in number than one-eleventh part of * A quartermaster-general for each state, and one qnartermaster for each bri- gade, with a chaplain to each regiment, 2d March, 1803, eh. 15, vol. 1, p. 207. 68 Second Congress, First Session, Ch. 33, 1792. tlie infantry, and shall he uniformly clothed in regimentals, to he fiirnished at their own expense ; the color and fashion to he determined hy the brigadier commanding the brigade to which they belong. Sec. 5. That each battalion and regiment shall be pro- vided with the state and regimental colors, by the field offi- cers, and each company with a drum, and fife or bugle horn, by the commissioned officers of the company in such manner as the legislature of the respective states shall direct. Sec. 6. That, there shall he an adjutant-general appointed in each state, whose duty* it shall be to distribute all orders from the commander-in-chief of the state to the several corps ; to attend all public reviews, when the commander- in-chief of the state shall review the militia, or any part thereof ; to obey all orders from him, relative to carrying into execution and perfecting the system of military discip- line established by this act ; to furnish blank forms of dif- ferent returns, that may be required, and to explain the principles on which they should be made ; to receive from the several officers of the different corps, throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammuni- tion, their delinquencies, and every other thing which re- lates to the general advancement of good order and discip- line : All which, the several officers of the divisions, bri- gades, regiments, and battalions,* are hereby required to make, in the usual manner, so that the said adjutant-gen- eral may be furnished therewith : from all which returns, he shall make proper abstracts, and lay the same annually before the commander-in-chief of the state. [Sec. 7.f Kules of discipline, the same as in 1779 ; except, &o.] Sec 8. That all commissioned officers shall take rank ac- * And to make return to the President, annually, of the militia of the state, and their arms, Ac. 2d March, 1803, vol. 2, ch. 15, p. 207. t This section is repealed by act of 12th May, 1820, which adopts, for the militia of the United States, the system of discipline and field exercise observed by the regular army. The rules of 1779, here referred to, were contained in the system prepared by the Baron Steuben, which was examined and amended by General Washington prior to its adoption by Congress. Second Congbbss, First Session, Oh. 33, 1792. 69 cording to the date of their commissions ; and when two of the same grade bear an equal date, then their rank to t)e determined by lot, to be drawn, by them, before the com- manding officer of the brigade, regiment, battalion, com- pany, or detachment. Sec. 9. That if any person, whether officer or soldier, be- longing to the militia of any state, and called out into the service of the United States, be woundod or disabled while in actual service, he shall be taken care of and provided for at the public expense. Sec. 10. That it shall be the duty of the brigade-inspec- tor, to attend the regimental and battalion meetings of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition, and accoutrements ; superintend their exercise and manoeu- vres, and introduce the system of military discipline, before described, throughout the brigade, agreeable to law, and such orders as they shall, from time to time, receive from the commander-in-chief of the state ; to make returns to the adjutant-general of the state, at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrements, and ammunition, of the several corps, and every other thing which, in his judgment, may relate to their government and the general advancement of good order and military discip- line ; and the adjutant-general shall make a return of all the militia of the state, to the commander-in-chief of the said state, and a duplicate of the same to the President of the United States. And whereas sundry corps of artillery, cavalry, and in- fantry, now exist in several of the said states, which, by the laws, customs, or usages, thereof, have not been incorpo- rated with, or subject to, the general regulations of the militia : Sec. 11. That such corps retain their accustomed privi- leges, subject, nevertheless, to all other duties required by this act in like manner with the other militia. [Approved, May 8, 1792.] 70 Second Congress, First Session. — Ch. 37, 1792. Chapter 37.— Approved, May 8, 1792.— Vol. 1, p. 279. An Act making alterations in the Treasury and War Departments. 3. A paymaster to reside near head- quarters. His duties ; bond ; oath, &c. i. Assignment of pay, invalid, &o. 5. Contracts for supplying the army, &c. Sec. 3.* That there be a payniaster,t to reside near the head quarters of the troops of the United States. That it shall be the duty of the said paymaster, to receive, from the treasurer, all the moneys which shall be entrusted to him for the purpose of paying the pay, the arrears of pay, sub- sistence, or forage, due to the troops of the United States. That he shall receive the pay abstracts of the paymasters of the several regiments or corps, and compare the same with the returns or muster rolls which shall accompany the said pay abstracts. That he shall certify, accurately, to the com- manding oificer, the sums due to the respective corps, which shall have been examined as aforesaid, who shall thereon issue his warrant on the said deputy paymaster, for the pay- ment accordingly. That copies of all reports to the com- manding officer, and the warrants thereon, shall be duly transmitted to the office of the accountant of the war depart- ment, in order to be there examined, and finally adjusted at the treasury. That the said paymaster shall give iond in the sumX of twenty thousand dollars, with ttoo sufficient sureties, for the faithful discharge of his duty, and he shall take an oath faithfully to execute the duties of his office. That the compensation to the said paymaster shall be sixty dollars month- ly, with the same rations and forage as a major. ^ Sec. 4. That no assignment of pay, made after the first * This section is supplied by act of 24th April, 1816, ch. 69, sec. 4. t Paymaster general to be appointed 2d March, 1816, ch. 69, sec. 3. — See also his pay and duty 16th March, 1802. t As President may require, 16th March, 1802, as Secretary of War may require, 25th April, 1816. § Act of 16th March, 1802, ch. 49, sec 3. Third Congress, First Session. — Oh. 1, 1794. Tl day of June next, by a non-commissioned oiBcer or private, shall be valid. Sec. 5. That all purchases and contracts, for supplying the army with provisions, clothing, supplies in the quarter- master's department, military stores, Indian goods, and all other supplies, or articles for the use of the department of war, be made by, or under, the direction of the treasury de- partment.* [Approved, May 8, 1792.] Chapter 1. — Approved, Jan. 13, 1794. — Vol. 1, p. 341. An Act making an alteration in the Flag of the United Statea.t [Sec. 1. After the 1st of May, 1795, the flag of the United States to consist of fifteen stripes, &o., fifteen stars, &c.] Chapter 9. — Approved, March 20, 1794.— Vol. 1, p. 345. An Act to provide for thedefenoe of certain Ports and Harbors in the United States, 1. The harbors mentioned to be fortified under the direction of the President, &c. 2. The President may employ the troops of the United States as garrisons, &c. — Cause cannon, shot, &c., to be provi- ded, &c. 3. The President to receive cessions of, or to purchase lands, &c. Sec. 1. That the following ports and harbors be fortified, under the direction of the President of the United States, and at such time or times as he may judge necessary, to wit : Portland, in the district of Maine ; Portsmouth, in the state of New Hampshire ; G-loucester, Salem, Marblehead, and Boston in the state of Massachusetts ; Newport, in the state of Ehode Island ; New London, in the state of Connecticut ; New York ; Philadelphia ; Wilmington, in the state of Delaware ; Baltimore, in the state of Maryland : Norfolk, and Alexandria in the state of Virginia ; Cape Fear river, * Modified by act of 16th July, 1798, sec. 3. t Altered and established by act of April 4, 1818. 72 Third Congeess, First Session, Ch. 14, 1794. and Ocracock Inlet, in the state of Nortli Carolina ; Charles- ton and Georgetown, in the state of South Carolina ; and Savannah,* and Saint Mary's, in the state of Georgia. Sec. 2. That it shall be lawful for the President of the United States to employ, as garrisons, in the said fortifica- tions, or any of them, such of the troops on the military establishment of the United States as he may judge neces- sary ; and to cause to be provided one hundred cannon, of a calibre, each, to carry a ball of thirty-two pounds weight, and one hundred other cannon, of a calibre, each, to carry a ball of twenty-four pounds weight, together with the car- riages and implements necessary for the same, and carriages with the necessary implements for one hundred and fifty other cannon, with two hundred and fifty tons of cannon shot. Sec. 3. That it shall be lawful for the President of the United States to receive from any state (in behalf of the United States) a cession of the lands on which any of the fortifications aforesaid, with the necessary buildings, may be erected ; or where such cessions shall not be made, to pur- chase such lands, on behalf of the United States : Provided, That no purchase shall be made where such lands are the property of a state. f [Approved, March 20, 1794.] Chapter 14. — Approved, April 2, 1794. — Vol. 1, p. 352. An Act to proTide for the erecting and repairing of Araenala and Magazines, and for other purposes.^ 1. Three or four arsenals, with maga- zines, to be established, under the direc- tion of the President, Ac. Proviso : ar- senals not to be erected until the land is purchased, &c. 2. A national armory at each of the arsenals, &c. Compensation to superin- tendents and master armorers, &c. 5. Annual account of expenses of ar- mories, &c., to be laid before Congress. Sec. 1. That, for the safe keeping of the military stores, there shall be established, under the direction of the Presi- * And Annapolis by 9th May, 179i, chapter 26. t See the constitution, article 1, section 8, clause 16. i See act 1th May, 1798, making further prorisions for procuring arms, Ac. Third Congress, First Session, Oh. 14, 1794. 73 dent of tlie United States, three or four arsenals, witli maga- zines, as lie shall judge most expedient, in such places as will best accommodate the different parts of the United States. Either, or hoth, of the arsenals heretofore used at Springfield and Carlisle, to be continued as part of the said number, at his discretion : Provided, That none of the said arsenals be erected, until purchases of the land, necessary for their accommodation, be made, with the consent of the legislature of the state in which the same is intended to be erected. Sec. 2. That there shall be established, at each of the aforesaid arsenals, a national armory, in which shall be em- ployed one superintendent, and one master armorer, (who shall be appointed by the President of the United States,) and as many workmen as the secretary for the department of war shall, from time to time, deem necessary, so that the whole number, at all the armories, shall not exceed one hundred.* And the said superintendents shall, each, re- ceive, as a compensation, f seventy dollars per month, and the said master armorers, each, fifty dollars per month. J [Sec. 3. An officer to superintend the receiving, &c., of military stores, &c.§ His compensation ; and to be appointed by the Presi- dent. Sec. 4. Not exceeding ^59,000 appropriated for erecting and repairing arsenals, &o. and not exceeding 22,865 dollars for armories, &c. 340,- 000 dollars to be applied, under the President's direction, in the pur- chase of arms, &c.] Sec. 5. That an annual account of the expenses of the national armories be laid before the legislature of the United States, together with an account of the arms made and re- paired therein. , [Approved, April 2, 1794.] • See act of 23d April, 1808, sec. 1. t And 3 rations per day, 7th May, 1800, ch. 46 sec. 1. The cfiSce at Springfield abolished 23d Aug. 1841, ch. 186. t See act of 7th May, 1800, sec. 4. § Section 3 repealed 3d March, 1813, ch. 48, sec. 1. 74 Thhid Cong., Fikst Sbss., Ch. 24 & 25, 1794. Chapter 24.— Approved, May 9, 1794.— Vol. 1, p. 366. An Act for raising and organising a Corps of Artillerists and Engineers.* Seo. 1. 764 non-commissioned officers, privates, &c., to be raised for three years, &c. Commissioned officers to be appointed, &c. Sec. 2. To he incorporated with the corps of artillery, &c. Entire number of the corps of artillerists and engineers to be 992, exclu- sively, &c. Sec. 3. Organization of the corps as mentioned. Sec. 4. Officers and privates to receive the same pay, &c. as other troops, to be governed by the same rules, &c. Sec. 5. The Secretary of War to provide books, apparatus, &c. Seo. 6. The President to cause portions of the corps to serve as he may deem consistent, &c. Chapter 25.— Approved, May 9, 1794.— Vol. 1, p. 367. An Act supplementary to "An Act to provide for the defence of certain Ports and Harbors in the United States." Sec. 1. That the port and harbor of the city of Annapolis be fortified, in such manner, and at such time or times, as the President of the United States may direct ; and that it shall be lawful for the President of the United States to em- ploy a garrison in the said fortification, provide cannon and equipments, and receive, from the state of Maryland, a ces- sion of the lands on which the said fortification, and its ne- cessary buildings, may be erected, agreeably to the second and third sections of the act to which this is a supplement.! * Continued by acts of 3d March, 1795, and 30th May, 1796. An additional regi- ment provided by act of 27th April, 1798. Repealed and supplied by act of 16th March, 1802, sections 1, 2, 26, 27, 28 and 29. t See original act, 20th March, 1794. Third Congress, First Session, Ch. 52, 1794. 75 Chapter 52. — Approved, June 7, 1794. — Vol. 1, p. 390. An Act in addition to the "Act for making further and more effectual provision for the protection of the Frontiers of the United States."* 1. Half-pay for five years to the widows or orphans of commissioned officers dying in the service from wounds, &c. Provi- so : no greater allowance, in any case, than the half-pay of lieutenant-colonel. 2. Arrears of the army not to exceed 2 months. 3. The President may augment the ra- tions of troops on the frontiers, under special circumstances, &c. Sec. 1 That if any commissioned officer in the troops of the United States, shall, while in the service of the United States, die, by reason of wounds received in actual service of the United States, and shall leave a widow, or if no widow, shall leave a child or children, under age, such widow, or if no widow, such child Or children, shall he en- titled to, and receive, the half of the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years : and in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay, for the remainder of the term, shall goto the child or children of such deceased offi- cer, while under the age of sixteen years, and, in like man- ner, the allowance to the child or children of such deceased, where there is no widow, shall be paid no longer than while there is a child or children under the age aforesaid : Provi- ded, that no greater sum shall be allowed, in any case, to the widow, or to the child or children of any officer, than the half pay of a lieutenant-colonel. Sec. 2 . That the army be in future paid in such manner that the arrears shall at no time exceed two months. Sec. 3. That to such of the troops as are, or may be, em- ployed on the frontiers, and under such special circumstanes as, in the opinion of the President of the United States, may require an augmentation of some parts of their rations, the ' The 1st and 2d sections of this act were superseded and supplied by act of 16th March, 1802, sections 13 and 15. The 3d was continued with some modification by acts of 3d March, 1795, and 30th May, 1796, sec. 9, but formally repealed by act of,3d March, 1797. 76 Third Cong., Second Sess., Ch. 9 & 21, 1795. President be authorized to direct such augmentation- as he may judge necessary, not exceeding four ounces of beef, two ounces of flour, and half a gill of rum, or whiskey, in ad- dition to each ration, and half a pint of salt to one hundred rations. Chapter 9. — Approved, January 2, 1795. — Vol. 1, p. 408. An Act to regulate the pay of the non-commissioned ofiScers, musicians, and pri- vates, of the militia of the United States, when called into actual service, and for other purposes.* Sec. 1. Monthly rate of pay of non-commissioned officers, privates, &c., of the militia, when called into service. Sec. 2. Allowances to cavalry for use, &c., of horses, &c., and in lieu of rations and forage, when, &c. Seo. 3. Pay to commence from the time of appearing at rendezvous. A day's pay, &c., for every 15 miles to the place of rendezvous, &C. Sec. 4. Pay in addition, &c., to the militia lately called forth into actual service, &c. Proviso : the compensation made by any state to be included, &c. The states entitled to receive from the treasury such such sums as they have paid, &c. Sec. 5.f Additional pay to the troops enlisted, &c. Additional bounty to soldiers re-enlisting, &c. The payment of $4 of the additional bounty deferred, &c. • Sec. 6. Additional allowance of provisions to those in the military service who are employed on the western frontiers, &c. Chapter 27. — Approved, Febr\iary 23, 1795. — Vol. 1, p. 419. An Act to establish the office of Purveyor of Public Supplies.j: Sec 1. A purveyor of public supplies in the department of the treasury, &c. His duty to conduct the procuring of arms, &c. His salary 2,000 dollars per annum. His letters free of postage. •See act of 19th March, 1836. t This and the next succeeding section, relate to the regular army. Similar pro- visions will be found incorporated in the act of 30th May, 1796, to ascertain and fix the military establishment of the United States, which may be regarded as super- seding these. — See sections 7, 11 and 12. i Abolished by act of March 28th, 1812. Third Congress, Second Session, Ch. 36, 1*795. 77 Sec. 2. The purveyor not to be concerned in trade or commerce, &c. nor to purchase public lands, &c. Forfeit of 3,000 dollars, imprison- ment, and disability for offending against the prohibitions of this act, &c. Sec. 3. The purveyor to give bond, &c. The bond to be lodged in the office of the comptroller. [Approved, Fdiruary 23, 1795] Chapter 36.— Approved February 28, 1795.— Vol. 1, p. 424. An Act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel inyasions ; and to repeal the act now in force for those purposes.* 1. In case of invasion, &o., the Presi- dent may call forth the militia most con- venient, and issue his orders to the militia officers, &c. In case of insurrec- tion against the government of a state, the President, on application, Ac, may call forth the militia of other states, &c. 2. In case of opposition to the laws by powerful combinations, Ac, the Presi- dent may call forth the militia of any state, &c. 3. Whenever the military force is necessary, the President, by proclama- tion, to command the insurgents to dis- perse, &c. 4. Militia in service, to be subject to the,rules and articles of war, &c. Militia not to serve more than three months af- ter arrival at the place of rendezvous, &c. B. Officers, privates, &c., failing to obey the President, &c., forfeit pay, not exceeding, &c. Officers liable, more- over, to be cashiered, &a. Non-commis- sioned ofScers and privates liable to be imprisoned on failing to pay fines, &c. 6. Courts-martial, &c., of militia offi- cers only. 7. Fines to be certified by the pre- siding officer of the court-martial, to the marshal, &c., who is to levy, &c. Sale of distrained goods according to state laws, Ac. Where non-commissioned offi- cers and privates are adjudged to suffer imprisonment, kc, the marshal, &c., may commit, &c. 8. The marshals to pay fines to super- visors, &c. Five per cent, compensation to the marshal. The marshals failing to pay over, may be sued, (Sec. 9. Marshals, in executing the laws of the United States, empowered as sheriffs, &c. 10. The act mentioned, repealed. Sec. 1. That whenever the United States shall be invaded, or be in imminent danger of invasion, from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the state or states, most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders, for that pur- pose, to such officer or officers of the militia as he shall • See supplementary act, Feb. 2, 1813. See Dunlop's notes, p. 147-8. '78 TTTTTiT) Congress, Second Session, Ch. 36, 1Y95. think proper. And in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legis- lature of such state, or of the Executive, (when the legisla- ture cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection. Sec. 2. That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the President of the United States to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed ; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress. Sec. 3. That whenever it may be necessary, in the judg- ment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abode, within a limited time. Sec. 4. That the militia employed in 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 that no officer, non-commissioned officer, or private, of the militia, shall be compelled to serve more than three months after his arrival at the place of rendezvous, in any one year, nor more than in due rotation with every other able bodied man of the same rank in the battalion to which he belongs. Sec. 5. That every officer, non-commissioned officer, or private, of the militia, who shall fail to obey the orders of the President of the United States, in any of the cases be- fore recited, shall forfeit a sum not exceeding one year's Third Congress, Second Session, Ch. 36, 1T95. 79 pay, and not less than one month's pay, to be determined and adjudged by a court-martial ; and such officer shall, moreover, be liable to be cashiered by sentence of a court- martial, and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said court: and such non-commissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of the payment of fines adjudged against them, for one calendar month, for every five dollars of such fine. Sec. 6. That courts-martial for the trial of militia, shall be composed of militia officers only. Sec. Y. That all fines to be assessed, as aforesaid, shall be certified by the presiding officer of the court-martial before whom the same shall be assessed, to the marshal of the dis- trict in which the delinquent shall reside, or to one of his deputies, and also to the supervisor of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose. The said marshal, or his deputy, shall forthwith proceed to levy the said fines, with costs, by distress and sale of the goods and chattels of the delinquent; which costs, and the manner of proceeding, with respect to the sale of the goods distrained, shall be agreeable to the laws of the state in which the same shall be, in other cases of distress. And where any non-com- missioned officer or private shall be adjudged to suffer im- prisonment, there being no goods or chattels to be found whereof to levy the said fines, the marshal of the district, or his deputy, may commit such delinquent to jail, during the term for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed. Sec. 8. That the marshals and their deputies, shall pay all such fines by them levied, to the sui^ervisor of the reve- nue in the district in which they are collected, within two months after they shall have received the same, deducting 80 Thied Conskess, Second Session, Ch. 44, 1795 therefrom five per centum as a compensation for their trouble ; and in case of failure, the same shall he recoverahle by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the supervisor of the district, with interest and costs. Sec. 9. That the marshals of the several . districts, and their deputies, shall have the same powers, in executing the laws of the United States, as sheriffs, and their deputies, in the several states, have by law in executing the laws of the respective states. Sec. 10. That the act, entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions," passed the second day of May, one thousand seven hundred and ninety- two, shall be, and the same is hereby, repealed. [Approved, Fthruary 28, 1795.] Chapter 44. — Approved March 3, 1795. — Vol. 1, p. 430. An Act for continuing and regulating the Military Establishment of the United States, and for repealing sundry acts heretofore passed on that subject.* Sec. 1. The present military establishment, &c., continued. Seo. 2. The corps of artillerists and engineers to be completed, &c.-j- Sec. 3. The legion of the United States to be completed, &c. The sub-legions to be organized as the President may direct. Proviso : no enlistments after three years. Sec. 4. The cavalry to serve as dismounted dragoons when ordered, &c. A right to be reserved, &c., to discharge the troops enlisted. Sec 5. Commissioned officers in the recruiting service allowed two dollars for every person enlisted of the description mentibned, &c. Sec. 6. A bounty of sixteen dollars to each soldier re-enlisting, &c. Bounty of fourteen dollars to each recruit, not of ^he army. Part of the bounty deferred, &o. Sec. 7. Non-commissioned officers, privates, and musicians, of the infantry and artillery, to receive the articles of uniform clothing men- tioned. Clothing for the cavalry and riflemen to be suitable, &c. • Repealed and supplied by act of 30tb May, 1796. t See act May 9, 1794. There is a discrepance between the date here referred to and that affixed to the act as the date of its approval. Fourth Congress, First Session, Ch. 8, 1796. 81 Sec. 8. Daily ration allowed to each non-commissioned officer, pri- vate, &e. S3BC. 9. Additional allowance of provisions to the military employed on the western frontiers. Sec. 10. Monthly pay of officers, non-commissioned officers, musi- cians, and privates, on the military establishment of the United States. Sec. 11. Rations for commissioned officers. Money in lieu of rations. Sec. 12. Monthly rate of allowance, instead of forage, to the offi- cers mentioned. Sec. 13. Officers, non-commissioned officers, privates, &c. , wounded or disabled, &c., to be placed on the list of invalids, &o. Proviso: rate of compensation to a commissioned officer not to exceed half pay, &c.; that to privates not to exceed five dollars per month. Proviso: allowance for inferior disabilities in proportion. Sec. 14. Officers and soldiers to be governed by the rules and articles of war, «&c. Sec. 15. Officers and soldiers to take and subscribe an oath. Form of oath. Sec. 16. The President to arm the troops as he may think proper. The President may forbear to raise, or discharge the troops, in case, &e. Sec. 17. Persons procuring soldiers to desert, &c., or captains of vessels receiving deserters, &c., subject to fine or imprisonment. Sbc. 18. The acts mentioned repealed. Proviso : nothing in this section to vacate commissions or enlistments, &c. [Ajoproved, Mcm-ch 3, 1795.] Chapter 8.— Approved March 23, 1796.— Vol. 1, p. 450. An Act for the relief of certain officers and soldiers, who have been wounded or disabled, in the actual service of the United States. [Militia and volunteers so wounded, to be placed on list of invalids, provided officers shall not receive more than half-pay nor soldiers more than five dollars per month, and provided further that application be made within one year after the session of Congress.] 82 Fourth Congress, First Session, Ch. 25, 1796. Chapter 25.— Approved, May 12, 1796.— Vol. 1, p. 463. An Act allowing compensation for horses killed in battle belonging to officers of the army of the United States. 1. Officers whose duty requires them to be on horseback in time of action, Ac, allowed two hundred dollars for each horse killed. 2. The provision in this act to have retrospective operation to the 4th March, 1789. Proviso : no person to receive payment for any horse killed, until he make satisfactory proof, fficer authorized, during the recess, &c. Sec. 3. The paymaster of the army, &c., to make all dishurse- ments of money, &c., to the district paymaster, &c. Sec. 4. District paymasters to examine and transmit to the pay- master of the arnJy, the accounts and vouchers for all disbursements, &o., as soon as the first payment has been made, with estimates, &c. * Continued five years by act 3d March, 1819, ch. 60. j Expired by the operation of the 7th section. 15 226 Thirteenth Cong., Second Sess., Oh. 78, 1814. Proviso : district and assistant paymasters to make payments to the militia, when required, &c. Sec. 5. Assistant district paymasters to receive the pay, &c., of a captain of infantry, &c. Sec. 6. District and assistant district paymasters to give bonds, &c., and to be subject to the rules and articles of war. Sec. 7. Limitation of this act to end of the war. [Aj>proved, April 18, 1814.] Chapter 78.— Approved, April 18, 1814.— Vol. 3, p. 133. An Act to proTide for the collection and preservation of such Flags, Standards, and Colors, as shall hare been, or may hereafter be, taken by the land and naval forces of the United States, from their enemies. * 1. The secretaries of war and navy di- rected to cause to be collected and trans- mitted to them at the seat of government, all flags, &c., taken from enemies. 2. Flags, &c., taken from enemies to be delivered to the President, for the purpose of being preserved and dis- played, &c. Sec. 1. That the secretaries of the wax and navy depart- ments be, and they are hereby, directed to cause to be col- lected and transmitted to them, at the seat of the govern- ment 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 de- scription aforesaid, which are now in the possession of the departments aforesaid, and such as may be hereafter trans- mitted to them, be, with all convenient dispatch, delivered to the President 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.J * See act 3d March, 1855, ch. 175, p. 665. Thirteenth Cong., Second Sess., Ch. 80 & 82, 1814, 22T Chapter 80.— Approved, April 18, 1814.— Vol. 3, p. 134. An Act in further addition to an Act, entitled "An Act more effectually to pro- Tide for the national defence, bj establishing an Uniform Militia throughout the United States.* 1. In addition to the ofScers of the I tioned, there is to be a division-inspec- militia provided for by the acts men- I tor, and other officers, as specified, &c. That, in addition to the officers of the militia, pro- vided for by the act entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States,'" approved May the eighth, one thousand seven hundred and ninety-two, and by an act in addition to the said recited act^ approved March the second, one thousand eight hundred and three, f there shall be, to each division, one division-inspector, with the rank of lieutenant-colonel, and one division-quartermaster, with the rank of major; to each brigade, one aid-de-camp, with the rank of captain; and the quartermasters of brigade, heretofore provided for by law, shall have the rank of cap- tain. 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. Chapter 82.— Approved, April 18, 1814.— Vol. 3, p. 134. An Act in addition to the Act entitled *'An Act to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections, and repel in- vasions, and to repeal the act now in force for these purposes." (Expired.) Sec. 1. Court-martials for the trial of drafted militia to be com- posed of militia officers. Sec. 2. What pay may he stopped in payment of delinquencies. Sec. 3. What constitutes a summons. Delinquent may he pro- ceeded against upon non-appearance. Sec 4. President of a court-martial may summon witnesses. Pen- alty for not attending. Punishment for contempt. * For original act, see chapter 33, May 8, 1792. t Chapter 16. 228 13th Cong., 2d & 3d Sess., Ch. 84 & 10, 1814. Sec. 5. Court may order imprisonment. Sec. 6. Rules of evidence. Sec. 7. Punishment for perjury. Sec. 8. To serve six months. Sec. 9. Pay of chaplains of militia. Sec. 10. How paid in certain cases. Sec. 11. Muster rolls to be signed by proper officer. Sec. 12. Officers may be punished after expiration of term of en- listment. Sec. 13. Act to continue during the war. [Approved, April 18, 1814.] Chapter 84.— Approved, April 18, 1814.— Vol. 3, p. 136. An Act concerning the nay of Officers, Seamen and Marines in the Nary of the United States. * Sec. 1. Pay, &c., &c., of commissioned and warrant officers. Bounty and allowance to seamen and marines. Sec. 2. President may increase the pay not exceeding twenty-five per cent, of the navy and marines in certain cases. Chapter 10.— Approved, Dec. 10, 1814.— Vol. 3, p. 146. An Act making further provisions for filling the ranks of the Army of the United States, f 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, &o., repealed. Appren- tices' master to receive part of the bounty money. Section 1. 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, author- ized 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 * See act 3d March, 1835, ch. 27 ; second section repealed 22d February, 1817, ch. 13. t Superseded by act of 3d March, 1815, fixing the peace establishment. Thirteenth Congress., Third Sess., Ch. 10, 1814., 229 as upon persons of fall age, such recruiting officer having complied with all the requisitions of the laws regulating the recruiting service. Sec. 2. That it shall not be lawful for any recruiting offi- cer 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 expiration of four days, from the time of his enlistment; and itshall be lawful for the said recruit at any time during the said four days, to reconsider and withdraw his enlistment, and thereupon he shall forthwith be dis- charged and exonerated from the same. Sec. 3. That so much of the fifth section of the act, passed the twentieth day of January, one thousand eight hundred and thirteen, entitled "An act* 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 person 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.-|- [Three hundred and sixtyj acres to recruits on discharge. §] [Approved, December 10, 1814.] * See January 20, 1813, eh. 12, section 4, vol. 2, p. 792, ante. f This section continued in force for five years by the 24th Feb., 1819, § 1, vol. 3, p. 487 ; but bounties to recruits are abolished by the 2d March, 1833, ch. 68, § 5. X By the 20th January, 1813, ch. 12, § 4, vol. 2, p. 792, and the 11th January, 1812, oh. 14, § 12. § By the 11 January, 1812, ch. 14, § 12. See ante, and n. 8. 230 Thertbenth Cong., Third Session, Oh, 13, 1814. Chapter 13.— Approved, Dec. 13, 1814.— Vol. 3, p. 151. An Act directing the Staff OflBcers of the Army to comply with the requisitions of naval and marine officers, in certain cases. 1. Officers of the staff of the army to provide officers, seamen, and marines, of the navy, when acting on shore with land troops, upon requisition, &c., with rations and camp equipage, &c. Pro- vise : the contract price of the rations to be reimbursed, &c. 2. Quartermasters of the army to fur- nish commanding naval officers with horses, forage, &c. Section 1. That it shall he 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 proceeding to act, on shore, in co- operation with the land troops, upon the requisition of the commanding naval or marine officer of any such detach- ment of seamen or marines, under orders to act as afore- said, 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 necessary transportation, as well for the men as for their baggage, provisions and cannon : Provided, never- theless, that the contract price of the rations which may be furnished shall be reimbursed out of the appropriations for the support of the navy. Sec. 2. That the respective quartermasters of the army shall, upon the requisition of the commanding naval officeir of any such detachment of seamen or marines, furnish the said officer and his necessary aids with horses, accoutre- ments^ and forage, during the time they may be employed in co-operating with the land troops as aforesaid. Thirteenth Congress, Third Sess., Oh. 38, 1815. 231 Chapter 38.— Approved, Feb. 8, 1815.— Vol. 3, p. 303. An Act for the better regulation of the Ordnance Department.* 2. Colonel may enlist for the depart- partment, master armorers, &c. ^. Inspection and proof of ordnance and all needful apparatus. 4. Artificers to be attached to regi- ments, &o. 5. Colonel of the ordnance to execute orders of the secretary of war. 6. Keepers of magazines and arsenals to report to colonel. 7. Damages of arms, &c., deducted from the officers or soldiers having charge of them. 8. Reports from the ordnance to the war department. 9. Armories under the ordnance. 10. System of regulations for ordnance. 11. Pay, Ac, of, as the officers in the artillery. Pay of the master armorers, &c. 13. Allowance for clerks, &c. 14. Former acts interfering repealed. Section 1. [Ordnance constituted.] Sec. 2.t That the colonel or senior officer of the ordnance department is authorized to enlist for the service of that de- partment for five years, as many master armorers, master carriage makers, master blacksmiths, artificers, armorers, carriage makers, blacksmiths, and laborers, as the public service, in his judgment, under the directions of the secre- tary for the department of war, may require. J ■ Sec. 3. That it shall be the duty of the colonel of the ord- nance department to direct the inspection and proving of all pieces of ordnance, cannon balls, shot, shells, small arms, and side arms, and equipments, procured for the use of the armies of the United States : and to direct the construction of all cannon and carriages, and every implement and apparatus for ordnance, and all ammunition waigons, traveling forges, and artificers' wagons, the inspection and proving of powder, and the preparation of all kinds of ammunition and ord- nance stores. And it shall also be the duty of the colonel or senior officer of the ordnance department, to furnish esti- * This act, so far as it relates to organization, is superseded by that of 2d March, 1821, which abolished the ordnance department, and incorporated it with the ar- tillery. — See section 4. — See also 5 April, 1832, ch. 67, for new organization and repeal of the first section of this act. f The President may increase the corps, by the 5th July, 1838, ch. 162, § 13. I Not exceeding 250, by the 5th April, 1832, ch. 77, § 1. 232 Thirteenth Congress, Third Sess., Ch. 38, 1815. mates, and under the direction of the secretary for the de- partment of war, to make contracts and purchases for pro- curing the necessary supplies of arms, equipments, ordnance and ordnance stores. Sec. 4. That the colonel of. the ordnance department shall organize and attach to regiments, corps, or garrisons, _ such number of artificers, with proper tools, carriages and apparatus, under such regulations and restrictions relative to their government and number, as, in his judgment, with the approbation of the secretary for the department of war, may be considered necessary. Sec. 5. That the colonel of the ordnance department, or senior ofScer of that department of any district, shall ex- ecute all orders of the secretary for the department of war, and, in time of war, the orders of any general, or field offi- cer, commanding any army, garrison or detachment, for the supply of all arms, ordnance, ammunition, carriages, forges, and apparatus, for garrison, field or siege service. Sec. 6. That the keepers of all magazines and arsenals shall, quarterly, or oftener if so directed, and in such man- ner as directed by the colonel of the ordnance department, make correct returns to the colonel or senior officer of the ordnance department, of all ordnance, arms, and orddance stores, they may have in charge. Sec. 7. That the costs of repairs or damages done to arms, equipments, or implements, in the use of the armies of the United States, shall be deducted from the pay of any officer or soldier in whose care or use the said arms, equip- ments, or implements were, when the said damages occurred : Provided, the said damages were occasioned by the abuse or negligence of the said officer or soldier. And it is hereby made the duty of every officer commanding regiments, corps, garrisons, or detachments, to make, once every two months, or oftener, if so directed, -a written report to the colonel of the ordnance department, stating all damages to arms, equipments, and implements, belonging to his command, noting those occasioned by negligence or abuse, and naming Thirteenth Congkbss, Third Sbss., Ch. 38, 1815. 233 the officer or soldier by wliose negligence or abuse the said damages were occasioned. Sec. 8. That the colonel of the ordnance department shall make, half yearly, to the war department, or oftener, if the secretary for that department shall so direct, a correct report of the officers, and all artificers and laborers, in his department; also, of all ordnance, arms, military stores, implements, and apparatus, of every description, and in such form as the secretary for the department of war shall direct. Sec. 9. That to insure system and uniformity in the dif- ferent public armories, they are hereby placed under the direction of the ordnance department. And the colonel of the ordnance department, under the direction of the secre- tary for the department of war, is hereby authorized to establish depots of arms, ammunition, and ordnance stores, in such parts of the United States, and in such numbers, as may be deemed necessary. Sec. 10. That the colonel of the ordnance department, under the direction of the secretary for the department of war, is hereby authorized to draw up a system of regula- tions for the government of the ordnance department, forms, of returns and reports', and for the uniformity of manu- factures of all arms, ordnance, ordnance stores, implements, and apparatus, and for the repairing and better preservation of the same. Sec. 11. That the pay, emoluments, and allowances, for the officers of the ordnance department, shall be the same as the pay, erholuments, and allowances, now allowed to officers of similar grades respectively, in the artillery* of the United States. And that the pay of a master armorer shall be thirty dollars per month, and one and a half rations per day; of a master carriage maker, thirty dollars per month, and one and a half rations per day; of a master blacksmith, thirty dollars per month, and one and a half rations per day. The pay of armorers, carriage makers, or * Dragoons by the 5th July, 1838, oh. 162, § 13. 234 Thietebnth Congress, Thirb Session, Ch. 79, 1815. blacksmiths, eacli, sixteen dollars per month, and one and a half rations per day; the pay of artificers, thirteen dollars per month, and one ration per day; and the pay of labor- ers, nine dollars per month, and one ration per day; and to all of the said workmen, artificers, and laborers, the same clothing, and other allowances, as are allowed to privates of infantry in the army of the United States, except clothing to the master workmen. Sec. 12. [OiScers in service continued or transferred.] Sec. 13. That the colonel of the ordnance department is hereby allowed, at the rate of one thousand dollars per year, for clerks, and such books and stationery as may be neces- sary to his department. Sec. 14. That the act passed May the fourteenth, one thousand eight hundred and twelve, entitled "An act* for the better regulation of the ordnance department," and the sections of any other acts, coming within the purview of any of the sections of this act, be, and the same are hereby, repealed. [Ajoproved, February 8, 1815.] For list of acts on this subject, see vol. 2, p. 732, n. May 14, 1812, ch. 82, repealed. April 5, 1832, ch. 47. Aug. 2, 1813, ch. 5, vol. 3, p. 75, supplied. Chapter 79.— Approved, March 3, 1815.— Vol. 3, p. 224. An Act fixing the Military Peace Establiabiment of the United States, f Section 1 . The military peace establishment to consist of not ex- ceeding 10,000 men, &c. The corps of engineers, to be retained. Sec. 2. Organization of the several arms. Sec. 8. Two major generals atnd four brigadiers, &c. Brigade in- spectors from the line, brigade quartermasters, &c., from the subal- terns, &e. Sec. 4. Compensation, subsistence, clothing, &e. Sec. 5. The President to' cause the officers and soldiers now in ser- vice, &c. , to be arranged, and supernumeraries to be discharged, &c. * The 14th May, 1812, ch. 83, vol. 2, p. 732. t This act, and such intervening acts as relate to organization are superseded by the proTisions of the act of 2d March, 1821, ch. 13. 13th & 14th Cong., Kes. 5, 10 & Oh. 37, 1814-'15-'16. 235 Sec. 6. Three months' pay additional to each commissioned officer deranged, &c. Sec. 7. The several corps to be subject to the rules and articles of war, and the officers and soldiers to be entitled to the same provision for wounds, &c., benefits, allowances, &c., as authorized by the ^ot mentioned. [Apjyroved, March 3, 1815.] EESOLTJTioiir 5. — Approved, Nov. 3, 1814. — Vol. 5, 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 \}y Major General Brown, Major General Scott, Major General Porter, Major General Gaines, Major General Macomb, and Brigadiers Kipley and Miller. The thanks of Congress to general Brown, his officers and men, for their gallantry, &c., at Chippewa, Niagara, and Erie, &c. A gold medal to general Brown. A gold medal to general Scott, &e. Grold medals to generals Ripley, Miller, and Porter, &c. A gold medal to general Gaines. The thanks of Congress to general Macomb, officers, and men, and to the militia, &c. A gold medal to general Macomb. Kesolution 10.— Approved, Feb. 27, 1815.— Vol. 3, p. 249. Resolutions expressive of the thanks of Congress to Major General Jackson, and the Troops under his command, for their gallantry and good conduct in the defence of New Orleans. The thanks of Congress to general Jackson, officers, soldiers, militia, and volunteers, &c. A gold medal to general Jackson, &c. The President requested to cause the preceding resolutions to be communicated to general Jackson, &c. Chapter 37.— Approved, April 2, 1816.— Vol. 6, p. 160. An Act placing certain persons on the list of Navy Pensioners, [Secretary of the navy to place on the list of pensioners the persons wounded at Dartmoor prison, and the widows and children of those killed, or who died of wounds received there, &c. the act to take effect from the 6th of April, 1815.] 236 FOTJUTEBNTH CONGUESS, FiRST SESSION, Ch. 40, 1816. Chapter 40.— Approved, April 9, 1816.— Vol. 3, p. 261. An Act* to authorize the payment of Property Lost, Captured or Destroyed by the enemy while in the Military Service of the United States, and for other pur- poses. 1. Horses killed in battle, or dying from wounds or from failure of forage, &o., to be paid for. 2. Horses lost by the owner being dis- mounted, or detached, &c., by order, Ac, or by the rider's being killed, '&c., to be paid for. 3. Horses, mules, oxen, wagons, carts, boats, sleighs, or harness, lost in military service, except, &c., to be paid for. 4. Persons who furnished themselves with arms, &c., and have sustained dam- age by their capture, Ac, to be paid the value of them. 5. Property . impressed, Ac, and de- stroyed, lost or consumed, to be paid for, deducting, Ac. 6. No compensation where the owner, Ac, has received satisfaction, Ac. Per- sons claiming compensation to release all claims against the person who impressed, Ac. Where the owner of the property has recovered from individuals, the latter to be entitled to the compensation. 7. At the rate of 40 cents per day for each horse furnished themselves by offi- cers of volunteer cavalry, Ac. 8. Forty cents per day for each horse on which officers or privates in the cav- alry service, Ac, may have been re- mounted by the United States after the loss of their own, Ac. 9. Houses occupied as military depos- its, Ac, and destroyed by the enemy in consequence of such occupation to be paid for. 10. The loss, destruction and value of ■ property, to be ascertained by the best evidence, Ac. 11. The President, Ac, to appoint a commissioner. His duty. 2,000 dollars compensation to the commissioner, Ac. Official communications free of postage. 12. Commissioner to take an oath. Form of the oath. The commissioner to to appoint a clerk, and establish rules, Ac. Rules, Ac, to be published in the newspapers. 13. Where the claim exceeds 200 dol- ars a commission is to be awarded, Ac. ^or examination of witnesses. 14. Adjudications of the commissioner to be entered in a book by the clerk. Payments to he made upon certified copies of judgments, Ac. 15. Claims barred unless presented within two years. Section 1. That any volunteer, or drafted militiaman, whether of cavalry, mounted riflemen, or infantry, who, in the late war between the United States and Great Britain, has sustained damage by the loss of any horse which has been killed in battle, or which has died in consequence of a wound therein received, or in consequence of failure on the part of the United States, to furnish such- horse with suffi- cient forage, while in the military service of the United States, shall be allowed and paid the value thereof. •See 3d March, 1817. ■ FotTBTBENTH CONGEESS, FiRST SESSION, Ch. 40, 1816. 237 Sec. 2. Tliat any person, -wliether of cavalry, mounted militia, or volunteers, who, in the late war aforesaid, has sustained damage by the loss of a horse, in consequence of the owner being dismounted, or separated, or detached from the same, by order of the commanding of&cer, or in conse- quence of the rider being killed or wounded in battle, shall be allowed and paid the value of such horse at the time he was received into public service. Sec. 3. That any person who, in the late war aforesaid, has sustained damage by the loss, capture, or destruction, by an enemy, of any horse, mule, ox, wagon, cart^ boat, sleigh, or harness^ while such property was in the military service of the United States, either by impressment or con- tract, except in cases where the risk to which the property would be exposed' was agreed to be incurred by the owner, if it shall appear that such loss, capture, or destruction, was without any fault or negligence on thepart of the owner; and any person, who, during the time aforesaid, has sus- tained damage by the death of any such horse, mule, or ox^ in consequence of failure on the part of the United States to furnish the same with suiHcient forage^ while in the service aforesaid, shall be allowed and paid the value thereof. Sec. 4. That any person who, in the time aforesaid, has acted in the military service of the United States as a volun- teer or drafted militiaman, and who has furnished himself with arms and inilitary accoutrements, and has sustained damage by the capture or destruction of the same, without any fault or negligence on his part, shall be allowed and paid the value thereof. Sec. 5. That where any property has been impressed, or taken by public authority, for the use or subsistence of the army, during the late war, and the same shall have been destroyed, lost, or consumed, the owner of such property shall be paid the value thereof, deducting therefrom the amount which has been paid, or may be claimed, for the use and risk for the same, while in the service aforesaid. Sec. 6. That nothing in this act contained shall be so 238 FOUETEENTH CONGEESS, FiRST SESSION, Ch. 40, 1816. . construed as to enable the owner of any property, or his legal representatives, to receive compensation for such loss or damage as above mentioned, whese the owner of such property, or his legal representatives, may have recovered or received satisfaction for such loss from the persons who may have taken or impressed such property into the public service; and that every person claiming such compensation shall, at the time of receiving the same, release all claims he may have against the officer or person who may have im- pressed, taken, or used, such property in the public service; and that, in all cases where the owner of such property, or his legal representative, may have recovered and received satisfaction for such loss or injury, from the person who shall so have taken such property into the public service, the said officer or person, who shall so have paid such loss or damsige, shall be entitled to receive the compensation provided by this act for such loss or damage. Sec T. That the accountant of the war department, in ad- justing and settling the accounts of the different paymasters, is hereby authorized to allow to the officers of volunteer cav- alry, who furnished their own horses while in the public service, at the rate of forty cents per day for each horse so furnished, which any such officer was entitled by law to keep in such service, agreeably to the rank of such officer. Sec. 8. That when any officer, non-commissioned officer, or private, in the cavalry service_, as aforesaid,. having lost the horse or horses, which may have been taken by him into the said service, has received from the United States another horse or horses, in lieu, or in part payment, for the horse or horses so previously lost as aforesaid, such officer, non-com- missioned officer, or private, shall be entitled to receive the allowance of forty cents per day, for the use and risk of the horse on which he may have been so remounted. Sec. 9. That any person who, in the time aforesaid, has sustained damage by the destruction of his or her house or building by the enemy, while the same was occupied as a military deposit, under the authority of an officer or agent Fourteenth Congress, First Session, Ch. 40, 1816. 239 _ of the United States, shall be allowed and paid the amount of such damage : Provided, it shall appear that such occu- pation was the cause of its destruction. Sec. 10. That the loss or destruction, as aforesaid, as well as the value of such property, shall be ascertained by the best evidence which the nature of the case wUl admit of, and which may be in the power of the party to produce; and the amount thereof, when established and ascertained, according to the provisions of this act, shall be paid to the suiferer or sufferers, out of any money in the treasury, not otherwise appropriated. Sec 11. That for the more speedy execution of the provi- sion of this act, the President of the United States, by and with the advice and consent of the Senate, is hereby author- ized to appoint one commissioner, whose duty it shall be to decide upon all cases arising under this act; and who, in the discharge of his duties, shall be subject to such rules and regulations as shall be prescribed by the President of the United States. Such commissioner shall receive, as com- pensation for his services, at the rate of two thousand dollars per annum, for the time he shall be actually employed, which shall not exceed two years, to be computed from and after the passage of this act. All official communications to and from the commissioner appointed under this act, shall be free of postage. Sec. 12. That the said commissioner, so to be appointed, before he enters upon the duties of his office, shall take the following oath, to wit: "I, A B, do solemnly swear, that I will well and truly^ according to the best of my abilities, discharge the duties of commissioner under an act of Con- gress, entitled 'An act to authorize the payment for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, and for other pur- poses;' so help me God." Upon which he shall proceed to appoint a clerk; and shall proceed, with all practical dis- patch, to establish, under the direction, or with the assent, of the President of the United States, such rules, as well in 240 Fourteenth CongkesSj Fibst Session, Ch. 40, 1816. regard to the receipt of applications of claimants to compen- sation for losses provided for by this act, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, as shall, in his opinion, be the best calculated to attain the objects of this act; paying a due regard, in the establishment of such regulations^ as well to the claims of individual justice as to the interest of the United States; which rules and re'gulations shall, upon his adoption, be published for eight weeks, successively, in the newspapers in the several states and territories in which the laws of the United States are published. Sec. 13. That the said commissioner shall, in all cases in which the claim to compensation or indemnity shall exceed the sum of two hundred dollars, award a commissioq to some one or more discreet commissioner in the vicinity of where the witnesses are stated to reside, accompanied by in- terrogatories to be propounded to such witnesses, which said commission, when executed, shall be returned, together with the examinations to be taken in virtue thereof, by mail, free of postage, to the office of the said commissioner. Sec. 14. That, in all adjudications of the said commis- sioner upon the claims above-mentioned, whether such judg- ment be in favor of, or adverse to, the claim of the appli- cant, the same shall be entered by his clerk in a book to be provided for that purpose; and when such judgment shall be in favor of such claim, shall entitle the claimant, or his legal representative, upon the production of a copy of such judgment, duly certified by the clerk of said commissioner, to payment of the amount thereof at the treasury of the United States. Sec. 15. That no claim authorized by this act shall be al- lowed or paid, unless the same shall be exhibited witTiin two years from the passing hereof. [Approved, April 9, 1816.] FotJRTBBNTH CoNG., FiRST Sess,, Ch. 55 & 64, 1816. 241 Chapter 55.— Approved, April 16, 1816.— Vol. 3, p. 285. An Act making further provision for military services during the late war, and for other purposes. Section 1. Pensions to widows or children of militia, rangers, fen- cibles, or volunteers,* or commissioned officers, of the late war, having died in service in consequence of wounds. Forms. Militia disabled to be put on the pension list if not within the 2d of August, 1813. t Sec. 2. J Guardians of, may take the half pay in lieu of land. Sec. 3. The land to be given to soldiers, &c., discharged or pro- moted. Sec. 4. Two millions acres for satisfying bounty. Sec. 5. Transfers invalid before patents. March 3, 1817, ch. 107, vol. 3, p. 394. Chaptbe, 64.— Approved, April 20, 1816.— Vol. 3, p. 295. An Act concerning field officers of the militia. One colonel,one lieutenant-colonel, and one major to each regiment of militia consisting of two battalions, instead, &c., after the 1st of May, 1816. If only one battalion, a major is to command. Pro- viso: nothing herein to annul any com- mission in force, &c. That from and after the first day of May next, instead of one lieutenant-colonel commandant to each regiment, and one major to each battalion, of the militia, as is provi- ded 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, * This section (1) extended to forage masters, &c., by the 3 March, 1817, ch. 107, vol. 3, p. 394. t The 2 August, 1813, ch. 40. i Extended to children and widows of those who served, Ac, by same act (1817,) and two years more allowed them, and three years more by the 3 March, 1819, ch. 94, vol. 3, p. B24. 16 242 Fourteenth Congress, First Session, Ch. 68, 1816. one thousand' seven hundred and ninety-two,* there shall be one colonel, one lieutenant-colonel, and one major, to each regiment of the militia consisting of two battalions. Where there shall be only one battalion, it shall be commanded by a major: Provided, that nothing contained herein shall be con- strued to annul any commission in the militia which may be in force, as granted by authority of any state or territory, in pursuance of the act herein recited, and bearing date prior to the said first day of May next. [Approved, April 20, 1816.] Chapter 68.— Approved, April 24, 1816.— Vol. 3, p. 29Y. An Act to JDcrease the pensions of inTalids in certain cases ; for the relief of invalids of the militia ; and for the appointment of pension agents in those states where there is no commissioner of loans. 1. Persons of the ranks named, now on the pension roll, are to receive, for the highest degree of disabilities, the sums mentioned, in lieu, &c. Fpr less disabilities, proportionably less. 2. Persons hereafter placed on the military pension roll, to be put on at the rates specified in this act. Proviso : nothing herein to lessen a higher pension by special provision. 3. OfiBcers and soldiers of the militia, whilst in service, to be placed on the pension roll like those of the regular army. 4. The secretary of war required to appoint proper persons in the states and territories, where there is no commis- sioner of loans, to perform the duties relating to pensions and pensioners. Sec. 1. Thatall persons of theranks hereinafter named,who are now on the military pension roll of the United Stabes, shall, from and after the passage of this act, be entitled to, and receive, for disabilities of the highest degree, the following sums, in lieuf of those to which they are now entitled, to wit: a first lieutenant, seventeen dollars; a second lieuten- ant, fifteen dollars; a third lieutenant, fourteen dollars; an ensign, thirteen dollars; and a non-commissioned ofiicer, musician, or private, eight dollars, per month: and for dis- * Ch. 33. t See 10 April, 1806, oh. 25, section 6. Fourteenth Congress, First Session, Ch. 68, 1816. 243 abilities of a degree less than the highest, a sum propor- tionably less. Sec. 2. That all persons of the aforesaid ranks, who may hereafter be placed on the military pension roll of the United States, shall, according to their ranks and degrees of disa- bilities, be placed on at the aforesaid rates of pensions, in lieu of those heretofore established: Provided, that nothing herein contained shall be construed to lessen the pension of any person who, by special provision, is entitled to a higher pension than is herein provided. Sec. 3. That all laws and regulations, relating to the ad- mission of the officers and soldiers of the regular army to be placed on the pension roll of the United States, shall, and they are hereby declared to, relate equally to the officers and soldiers of the militia, whilst in the service of the United States. Sec. 4. That the secretary, for the department of war be, and he is hereby, authorized and required to appoint some fit and proper person* in those states and territories where there is no commissionerf of loans, and also in the district of Maine, to perform the duties in those states and territories, and in said 'district, respectively, relating to pensions and pension- ers, which are now required of said commissioners in their respective states. \Approved, April 2^^, 1816. * An additional one in Tennessee, 3 March, 1819, ch. 91. t This ofBce abolished 3 March, 1817. 244 Fourteenth Congress, First Session, Ch. 69, 1816. Chapter 69.— Approved, April 24, 1816.— Vol. 3, p. 297. An Act* for organizing the general stafif, and making further provisions for the army of the United States. 3. Pay department. Taken from su- balterns of the line or citizens. Pay. Clerk of. 4. Duty of paymasters in making re- turns, &c. 5. Commissary of purchases. Military storekeeper, pay of. 6. All officers of the pay, and quarter- master's departments to give bonds, and subject to the articles of war. Ap- pointed by consent of senate. 7. President may prescribe the cloth- ing. In general regulations. 8. Soldiers discharged to be paid for deficient clothing. 9. Emoluments of the staff. 10. Officers of the staff retained. 11. Ordnance continued as at present. 12. Rate of forage when not received in kind. For horses kept. Soldiers as waiters. Servants. Section 1. [Staff organized,! quartermasters, apothecary-general and| assistants.] Sec. 2. [Medical staff. Judge-advocates and chaplain.] Sec. 3. That the pay department shall consist of one pay- master-general of the army, with the annual salary of two thousand five hundred dollars, and that in addition to regi- mental paymasters, there he appointed one paymaster to each hattalion of the corps of artillery, who, as well as the regimental paymasters, in addition to the regular and punc- tual payment of their respective regiments or, corps, shall discharge the duties of district paymasters within such dis- trict as shall from time to time be assigned them by the paymaster-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 President of the United States. Provided also, that regimental and battalion paymasters * The first and second sections of this act are supplied or repealed by the 14 April, 1818, ch. 61, § 1, and the 2 March, 1821, ch. 13, and the third section of the act as to the pay department is reorganized by the 2 March, 1849, oh. 80, which repeals this section, (3d,) except as to the pay of the regimental and battalion paymasters, and of the paymaster-general. t Quartermaster-general of division, repealed by the 14 April, 1818, ch. 61, § 1. I This office of apothecary-general is abolished by the 2 March, 1821, oh. 13, § 1. Fourteenth Congress, First Session, Ch. 69, 1816. 245 shall receive the pay and emoluments of major,* and shall be allowed a capable non-commissioned officer as clerk, who, while so employed, shall receive double pay, and the actual expense of transportation while traveling under orders in the discharge of his duty. Sec. 4.t That it shall be the duty of the regimental and battalion paymasters to pay all the regular troops; and to ensure punctuality and responsibility, correct reports shall be made to the paymaster-general once in two month, show- ing the disposition of the funds previously transmitted, with accurate estimates for the next payment of such regiment, garrison or department, as may have been assigned to each, and whenever any paymaster shall fail to transmit such es- timate, or neglect to render his vouchers to the paymaster- general for settlement of his accounts, more than six months after receiving funds, he shall be recalled, and another { ap- pointed in his place. Sec. 5.§ That the purchasing department shall consist of one commissary-general of purchases, as heretofore authorized, with the annual salary of three thousand dollars, and one dep- uty commissary 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 storekeepers^ as the service may require, whose salaries shall be regulated by the secretary of war, ac- cording 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 quar- termaster's department, shall, previous to their entering on * Of infantry. 10 Peters, 647, 653, Wetmore v. United States. t This section supplies the 8th May, 1792, oh. 37, § 3, and the 16th March , 1802, oh. 9, § 16. i 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 «. Vansant, 1 Peters, 317-325. § This office of oommiasary-general of purchases abolished, by the 23d August, 1842, oh. 186. II The military storekeepers are regulated by the 2d March, 1821, oh. 13, § 9, and the 23d August, 1842, ch. 186, § 2. 246 FOTJKTEENTH CONGRESS, FlEST SESSION^ Ch. 69, 1816. the duties of their respective offices, give good and* sufficient bonds to the United States, fully to acconnt for all moneys andf public property which they may receive, in such sum as the secretary of war shall 'direct. And all paymasters, commissaries and storekeepers, 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 com- missary'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! 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 soldiers' pay, and in like manner the sol- diers 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 according to the price paid in the seventh sec- tion of this act. Sec. 9. That the several officers of the staff shall respec- * The 8th May, 1792, ch. 37, § 3, vol. 1, p. 280, says with two sureties, and in $20,000. t After his appointment he could act without giving bond. 1 Peters, 36i. If the bond is broader than what is required by the statute, it may be valid as a voluntary obligation even against the sureties. 10 Peters, 343, United States e. Bradley, 5 id. 115, United States i). 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, &c., it is valid, and in conformity with the act. 10 Peters, 343, United States v. Bradley. I The clothing of the artillery and infantry was particularly prescribed, by the 16th March, 1802, ch. 9, § 8, and the 11th January, 1812, ch. 14, § 9, and for the light dragoons and light artillery, by the 17th March, 1812, ch. 42, but they seem to be superseded by this section. Fourteenth Congress, First Session^ Oh. 69, 1816. 247 tively receive the pay and emoluments, and retain all the privileges secured to the staff of the army, by the act* 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 re- cognized, 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 re- tained by the President, and in this act enumerated and made permanent, be recognized in service under this act, and that the garrison surgeons and mates be hereafter con- sidered as post surgeons; 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 preseht organized under the actf of February eighth, one thousand eight hundred and fifteen, and that ordnance offi- cers 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, J eight dollars per month, for each horse, not exceeding the number authorized by existing regulations, § 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 ex- istingregulations,Tf the pay, rations and clothing of a private * Ch. 52, onle. t Ch. 38. % A similar provision for forage was provided by the 22d July, 1813, ch. 17. § The 16th March, 1802, ch. 9, § 7, ante, the 12th April, 1808, ch. 43, § 4, ante, the 6th July, 1812, ch. 133, § 1, ante. For the number of horses allowed, see the 3d March, 1845, ch. 65. 11 For such officers, see the 16th March, 1802, oh. 9, § 7, anle. T The waiters are enumerated, regulated and paid, by the 30th March, 1814, ch. 37, §§ 9 and 10, anU. 248 Fourteenth Cong., Fikst Sess., Ch. 12'7, 1816. 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 additional ration he allowed to all subaltern officers of the army. [Approved, April 24, 1816.] March 2, 1821, ch. 13. Chapter 12^.— 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, Ac, npon satisfactory proof of the fact to the secretary of war, are entitled to patents. 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 omitted 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, Ac. Proviso: if the measure be justified by the time of enlistment, &o. Section 1. That when any soldier of the regular army, having obtained a military land warrant, shall have lost, or shall hereafter lose, the same, or the said warrant shall have been, or may be, by accident, destroyed, every such soldier shall, upon proof thereof, to the satisfaction of the secretary of war, be entitled to a patent, in like manner as if the said warrant was produced. Sec. 2. That in all cases of discharges from the military . service of the United States, of any soldier of the regular army, when it shall appear to the satisfaction of the secre- tary of war that a certificate of faithful services has been omitted by the neglect of the discharging officer, bymiscon- struction of the law, ot by any other neglect or casualty, such omission shall not^ prevent the issuing of the warrant and patent as in other cases. And when it shall have been proved, as aforesaid, that any soldier of the regular army has lost his discharge and certificate of faithful service, the secretary of war shall cause such papers to be furnished such soldier Fourteenth Congress, First Session, Oh. 135, 1816. 249 of the regular army as will entitle him to his land warrant and patent : Provided, such measure be justified hy the time of his enlistment, the period of service, and the report of some officer of the corps to which he was attached. [Approved, April 27, 1816.] Chapter 135.— Approved, Ipril 29, 1816.— Vol. 3, p. 320. An Act concerning the annual sum appropriated for arming and equipping the militia. * 1. The sum of $200,000 for proTiding arms, &c., for the militia, to be paid out of any moneys in the treasury, not other- wise appropriated. 2. The sum appropriated to be applied according to the act of 23d April, 1808, without being carried to the surplus fund. Nothing in the act of 3d March, 1809, to authorize a transfer of any por- tion of the sum to any other branch of expenditure. Section 1. That the annual sum of two hundred thousand dollars, as appropriated for the purpose of providing arms and military equipments for the militia, either by purchase or manufacture, according to the act of the twenty-third of April, one thousand eight hundred and eight, entitled "An act making provision for arming and equipping the whole body of the militia of the United States," shall be paid, for. each year, respectively, out of any moneys in the treasury not otherwise appropriated. Sec. 2. That the sum appropriated, to be paid as afore- said shall be applied- for the purpose, and according to the intention, specified in said act, without being liable, at any time, to be carried to the account of the surplus fund. And nothing in the act of the third of March, one thousand eight hundred and nine, entitled "An act further to amend the several acts for the establishment and regulation of the trea- sury, war, and navy, departments," shall be construed to authorize the transferring of the sum annually appropriated as aforesaid, or any portion, thereof, to any other branch of expenditure, t * See act April 23, 1808, with the note thereon, t See note to act 3d March, 1817. 250 14Tri Cong., Ch. 140, 142 &.13, Ebs. 1, ISIG-'IT. Chapter 140.— Approved, April 29, 1816.— Vol. 3, p. 322. An Act supplementary to an act making alterations in the treasury and war de- partments, passed the 8th May, 1792. [Additional accountant* of war department to be appointed. His dnties and compensation.] Chaptee 142.— Approved, April 29, 1816.— Vol. 3, p. 323. An Act to increase the compensation of the superintendents of the manufactories of arms at Springfield and Harper's Ferry. That, in addition to the pay and rations, as at present fixed, of the superintendents of the manufactories of arms at Springfield and Harper's Ferry, they shall receive thirty dollars per month, and one ration per day. Resolution 7.— Approved, April 29, 1816.— Vol. 3, p. 342. Kesolution authorizing the President of the United States to employ a skillful as- sistant in the corps of engineers. f t [The President authorized to employ a skillful assistant to the corps of engineers, at such compensation as he may think proper, not ex- ceeding, &c.] Chapter 13.— Approved, Feb. 22, 1817.— Vol. 3, p. 345. ^nActto repeal the second section of an act entitled, " An Act concerning the the pay of officers, seamen and marines, in the nary of the United States. [Second section of the act of 18th April, 1814, ch. 84, repealed.] * Abolished. See act 3d March, 1817, ch. 45. t Repealed by act July 14, 1832. Fourteenth Cong., Second Sess., Oh. 45, 1817. 251 Chapter 45.— Approved, March 3, 1817.— Vol. 3, p. 366. An Act to provide for the prompt settlement of public accounts.* 1. Accountant's offices of the war and navy departments, and office of superin- tendent-general of military supplies, a- bolished. 2. All accounts to be settled in the treasury department, after 3d March, 1817. 3. Pour auditors and one comptroller additional, in the treasury department. 4. Duty of the second auditor. Duty of the third auditor. Proviso : as to the accounts of the additional accountant. 5. Further duties of the auditors. 6. Auditors to report to the secretary of the treasury. 8. Duty of the first comptroller. 9. Duty of the second comptroller. 10. First comptroller to superintend the recovery of all debts, &a. 11. The provision contained in the sec- ond section of the act of 3d March, 1797, extended in regard to the accounts of the war and navy departments, Ac. 12. Auditors empowered to administer oaths, &c. 13. Secretary of the treasury to cause all accounts of the expenditure of public money to be settled within the year, ex- cept, &c. First comptroller to lay before congress^ annually, a list of officers, fail- ing to make settlement, &c. 14. The comptroller to distinguish be- tween balances, Ac. Comptroller not required to include balances where debt- ors have been reported insolvent three successive years. 15. Salary of the second comptroller and auditors, 3000 dollars per annum. 16. Letters, &c., to and from the sec- ond comptroller and auditors. Sec. 1. That from and after the third day of March the offices of accountant andf additional accountant of the de- partment of war, the office of accountant of the navy, and the office of superintenden-tj general of military supplies, he, and they are hereby, abolished. Sec. 2. That, from and after the said third day of March next, and having a command according to their brevet rank, and at no other time. Sec. 2. That no brevet commission shall hereafter be con- ferred but by and with the advice and consent of the Senate. f Chapter 65.— Approved, April 16, 1818.— Yol. 3, p. 427. An Act in addition to " An Act giving pensions to the orphans and widows of per- sons slain in the public or private armed vessels of the United States." 1. Persons on the pension list under the 4th of March, 1814, allowed full pension for five years. Pension to cease on death of widow or child. 2. Widows and children of officers, seamen, dying. Out of the privateer fund. Section 1. That in every case where a person has been put * See note to section 7. •)• See June 30, 1834, section 9. Fifteenth Congress, First Session, Ch. 65, 1818. 261 on the pension list, or granted a certificate of pension, by virtue of the first section of an act, passed the fourth day of March, in the year eighteen hundred and fourteen, entitled "An Act* giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States," the secretary of the navy be, and he is hereby^ authorized, at the expiration of the term of five years, for which any pension certificate shall have been granted as aforesaid, to allow the full monthly pension to which the rank of the deceased would have entitled him for the highest rate of disability, and that such pension shall continue to such person for the further termf of five years : Provided, that such pension shall cease on the death of such widow, child, or children. Sec. 2. That if any officer, seaman or marine, shall have died since the eighteenth day of June, in the year eighteen hundred and twelve, in consequence of an accident or casu- alty, which occurred while in the line of his duty on board a private armed vessel^ leaving a widow, or, if no widow, a child or children under sixteen years of age, the secretary of the navy be, and he is hereby, authorized to place such widow, child, or children, on the pension list, and allow to such widow, child, or children^ the same monthly pension as if the deceased had died by reason of wounds received in the line of his duty : Provided, that all moneys paid by virtue of this act shall be paid out of the privateer pension fand, and no other. [Approved, April 18, 1818.] * Ch. 20, ante. I Continued for five years by the Iffth June, 1834, ch. 55, vol. 4, p. 679, and the 23d May, 1828, ch. 72, vol. 4, p. 288, and 3d March, 1819, ch. 60, vol. 3, p. 502, with half pay. 262 Fifteenth Cong., First Sess., Ch. 84 & 88, 1818. Chaptee 84.— Approved, April 20, 1818.— Vol. 3, p. 444. An Act to defray the ezpensea of the militia when marching to places of rendezvous. expenses incurred after arrival. Provi- so : no species of expenditure author- ized previously to arrival, not provided to be paid for after arrival. 1. Expenses incurred by marching mi- litia to places of rendezvous, upon the President's requisition or calls of state authorities approved by him, to be ad- justed and paid in the same manner as That the expenses incurred, or to be incurred, by march- ing the militia of any state or territory of the United States to their places of rendezvous, in pursuance of a requi- sition of the President of the United States,* or which shall have been, or may be, incurred in cases of calls made by the authority of any state or territory, 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 places of rendezvous, on the requisition of the Presi- dent of the United States : Provided, that nothing herein contained shall be considered as authorizing any species of expenditure, previous to 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. [Approved, April 20, 1818.] Chapter 88.— Approved, April 20, 1818.— Vol. 3, p. 447. An Aotf in addition to the "Act for the punishment of certain crimes against the United States,'* and to repeal the acts therein mentioned. 1. Fine $2,000 and imprisonment for citizens accepting commissions within the U. S., Ac, to serve foreign states. 2. For any person in the U. S., enlist- ing others, Ac, to serve a foreign state, &c. » See May 8th, 1792, ante, p. 64. t This act re-enacts the acts of 1794, ch. 50, 1797, ch. 58, and of 1817, ch. 58, with some addition, and by adding the words "colony, district or people." 7 Wheat. 489, The Gran Para. The object of the laws was to put an end to the slave trade, and to prevent the introduction of slaves from foreign countries. 11 Peters, 73, United States v. The Ship Garonne, United States v. Skiddy. Slaves of Louisiana taken by their owners to France in 1835 and brought back with their own consent, is not a case within the acts. 11 Peters, 73, United States 17. Skiddy. Fifteenth Cong., First Session, Ch. 88, 1818. 263 3. Fitting out, or attempting to fit out. The vessel, &a., forfeited. Half to in- former. 4. For citizens fitting out or arming, &c., or aiding. To be tried where ap- prehended or first brought. B. Augmenting in the U. S. the force of foreign armed Tessels. 6. Setting on foot within the U. S., any military expedition against afriendly power. 7. District courts to hare cognizance of. 8. The President m ay employ the forces or the militia, fOr suppressing such expe- ditions. 9. May employ the forces, or the mi- litia, to compel the departure of vessels. 10. Owners, &o., of armed vessels sail- ing to give bond not to commit hostili- ties, liec. 11. Collectors to detain vessels built for warlike purposes and about to depart, when probably they are intended against a friendly power. 12. Bth June, 1794, ch. 50, 14th June, 1797, ch. 1, 24th April, 1800, oh. 35, and and 3d March, 1817, ch. 58, repealed. 13. Not to prevent the punishment of treason, &c. Section 1. That if any citizen of tlie United States shall, within the territory or jurisdiction thereof, accept and exer- cise a commission to serve a foreign prince, state, colony, district or people, in war, by land or by sea, against any prince, state, colony, district or people, with whom the United States are at peace, the person so offending shall be deemed guilty of a high misdemeanor, and shall be ffned not more than two thousand dollars, and shall be imprisoned not exceeding three years. Sec. 2. That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, every person so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years: Provided, that this act shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district or people, who shall transiently be within the United States, and shall on board of any ves- sel of war, letter of marque, or privateer, which, at the time of its arrival within the United States, was fitted and 264 Fifteenth Congress, First Session, Ch. 88, 1818. equipped as sucli, enlist or enter himself, or hire or retain another subject or citizen of the same foreign prince, state, colony, district' or people,* who is transiently within the United States, to enlist or enter himself to serve such for- eign prince, state, colony, district or people, on board such vessel of war, letter of marque or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district or people. Sec. 3. That if any person shall^ within the limits of the United States, fit out and arm, or attemptf to fit out and arm, or procure to be fitted out and armed, or shall know- ingly be concerned in the furnishing, fitting out, or{ arm- ing of any ship or vessel with intent§ that such ship or ves- * The intent must be a fixed one and not contingent, and formed within the United States, and before the vessel leaves the United States. 4 Peters, 445, 466, United States v. Quincy. 3 Dal. 307, Moodie v. The Alfred. The law does not prohibit the sailing of armed vessels belonging to our citizens, ont of our ports, on bond, Ac, that they will not be employed to commit hostilities against powers at peace with us. 6 Peters, 466, Johnson, J. The indictment charged the fitting out of the Bolivar with intent that she should be employed in the service of a foreign people, that is to say, in the service of the United Provinces of Rio de la Plata ; held, that although the United Provinces were recognized by the United States, that the charge, under the inuendo, was suffi- ciently laid. 6 Peters, 445, 467, United States v. Quincy. t An effort to fit out will satisfy the law. 6 Peters, 445, 464. The vessel was fitted out and repaired at Baltimore, and with some warlike mu- nitions, on bond given, sailed for St. Thomas, where she was fully armed and cruised under a Buenos Ayrean commission. This was held to be an attempt. 6 Peters, 445, [Inited States v, Quincy. I Either will constitute the ofienoe. 6 Peters, 445, 464, United States v. Quincy. It is not necessary to charge the fitting and arming. The owner is liable under the act, if he authorized and superintended the fitting and arming without being personally present. It is not essential that the fitment should have been completed. It is not neces- sary that even equipment of a slave voyage should have been taken on board in the port of the JJnited States. In this case, part of the equipment of the General Winder for a slaving voyage were shipped on another vessel for St. Thomas, and then transhipped to the General Winder. The particulars of the fitting out need not be set outin the indictment ; they are minute acts, incapable of exact specification, 473, 475. The indictment should allege that the vessel was built, fitted, Sec, within the jurisdiction of the United States, 476, 477. And "with intent to employ the ves- sel" in the slave trade; and alleging that "the intent" was "that the vessel should be employed in the slave trade" was not sufficient, 476. 12 Wheat. 460, United States V. Gooding, and see notes to 20th April, 1818, ch. 91. Vol. 3, p. 450. § Although the arms and ammunition were cleared as cargo, and the men enlisted as for a mercantile voyage. 7 Wheat. 471, 486. The Gran Para, Fifteenth Cong., First Session, Ch. 88, 1818. 265 sel shall be employed iu the service of any foreign prince or state,* or of any colony, district or people, to cruise or commit hostilities against the subjects, citizens or property of any foreign prince or state, or of any colony, district or people, t with whom the United States are at peace, or shall issue or deliver a commission within the territory or juris- diction of the United States, for any ship or vessel, to the intent that she may be employed as aforesaid, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, a,nd imprisoned not more than three years; and every such ship or vessel, with her tackle, apparel and furniture, together with all materials, arms, ammunition and stores, which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer, and the other half to the use of the United States. Sec. 4. That if any citizen or citizens of the United States shall, without the limits thereof, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out or arming, any private ship or vessel of war, or privateer, with intent that such ship or vessel shall be em- ployed to cruise, or commit hostilities, upon the citizens of the United States, or their property, or shall take the com- mand of, or enter on board of any such ship or vessel, for the intent aforesaid, or shall purchase any interest in any such ship or vessel, with a view to share in the profits there- of, such person, so offending, shall be deemed guilty of a high misdemeanor, and fined not more than ten thousand dollars, and imprisoned not more than ten years; and the trial for such offence, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought. Sec. 5. That if any person shall, within the territory or jurisdiction of the United States, increase or augment, or * That ia, a government acknowledged by the United States. 6 Peters, 467. t Note 2, sec. 2. 266 Fifteenth Congress^ First Session, Ch. 88, 1818. procure to te increased or augmented, or shall knowingly be concerned in increasing or augmenting, the force of any ship of war, cruiser or other armed vessel, which, at the time of her arrival within the United States, was a ship of war^ or cruiser, or armed vessel, in the service of any foreign prince or state^, or of any colony, district, or people, or be- longing to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by add- ing to the number of the guns of such vessel, or by changing those on board of her for guns of a larger calibre, or by the addition thereto of any equipment solely applicable to war, every person so offending, shall be deemed guilty of a high misdemeanor, shall be fined not more than one thousand dollars and be imprisoned not more than one year. Sec. 6. That if any person shall^ within the territory or jurisdiction of the United States^ begin or set on foot, or provide or prepare the means for, any military expedition or enterprise, to be carried on from thence against the terri- tory or dominions of any foreign prince or state, or of any colony, district, or people, with whom the United States are [at] peace, every person^ so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not ex- ceeding three thousand dollars, and -imprisoned not more than three years. Sec. "7. That the district courts shall take cognizance of complaints, by whomsoever instituted^ in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. Sec. 8. That in every case in which a vessel shall be fitted out and armed, or attempted to be fitted out and armed^ or in which the force of any vessel of war, cruiser, or other armed vessel, shall be increased or augmented, or in which any military expedition or enterprise shall be begun or set on foot, contrary to the provisions and prohibitions of this act; and in every case of the capture of a ship or vessel Fifteenth Congress, First Session, Ch. 88, 1818. 267 • ■within tlie jurisdiction or protection of the United States as before defined, -and in every case in which any process issu- ing out of any court of the United States shall be disobeyed or resisted by any person or persons having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, in every such case it shall be lawful for the President of the United States, or such other person as he shall have empowered for that pur- pose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any "such ship or vessel, with her prize or prizes, if any, in order to the execution of the prohibitions and penalties of this act, and to the re- storing the prize or prizes in the cases in which restoration shall have been adjudged, and also for the purpose of pre- venting the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or of any colony^ district, or people, with whom the United States are at peace. Sec. 9. That it shall be lawful for the President of the United States, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign ship or vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, they ought not to re- main within the United States. Sec. 10. That the owners or consignees of every armed ship or vessel sailing out of the ports of the United States, belonging wholly or in part to citizens thereof, shall enter into bond to the United States, with sufficient sureties, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, includingi her armament, that the said ship or vessel shall not be employed by such 268 Fifteenth Oongkess, First Session^ Ch. 88, 1818. owners to cruise or commit hostilitieis against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace. Sec. 11. That the collectors of the customs be, and they are hereby, respectively, authorized and required to detain any vessel manifestly built for warlike purposes, and about to depart the United States, of which the cargo shall prin- cipally consist of arms and munitions of war, when the number of men shipped on b6ard, or other circumstances, shall render it probable that such vessel is intended to be employed by the owner or owners to cruise or commit hostili- ties upon the subjects, citizens, or property, of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, until the decision of the President be had thereon, or until the owner or owners shall give such bond and security as is required of the own- ers of armed ships by the preceding section of this act. Sec. 12. That the act passed on the fifth day of June, one thousand seven hundred and ninety-four, entitled, "An act in addition to the act for the punishment of certain crimes against the United States," continued in force, for a limited time, by the act of the second of March, one thous- and seven hundred and ninety-seven, and perpetuated by the act passed on the twenty -fourth day of April, one thous- and eight hundred, and the act, passed on the fourteenth day of June, one thousand seven hundred and ninety-seven, entitled "An act to prevent citizens of the United States from privateering against nations in amity with, or against the citizens of, the United States," and the act, passed the third day of March, one thousand eight hundred and seven- teen, entitled, "An act more effectually to preserve the neutral relations of the United States," be, and the same are hereby, severally repealed : Provided, nevertheless, that persons having heretofore offended against any of the acts aforesaid, may be prosecuted, convicted, and punished as if the same were not repealed; and no forfeiture heretofore in- Fifteenth Cong., Ch. 101, 102 &Kbs. 12, 1818. 269 curred by a violation of any of the acts aforesaid shall be effected by such repeal. Sec. 13. That nothing in the foregoing act shall be con- strued to prevent the prosecution or punishment of treason, or any piracy defined by the laws of the United States. [Ajiproved, April 20, 1818.] Chapter 101.— Approved, April 20, 1818,— Vol. 3, p. 459. An Act to increase the pay of the militia when in actual serTice, and for other purposes. Section 1 . The pay of militia called into the service of the United States against the Seminole Indians to be the highest allowed during the late war. Sec. 2. Widows and orphans of militia called into that service en- titled to half pay and pensions same as in war with Great Britain. Chaptee 102.— Approved, April 20, 1818.— Vol. 3, p. 460. An Act respecting the organization of the army, and for other purposes.* Section 1. Company officers of artillery. Conductor of artillery, &c. Extra pay to conductors of artillery. Sec 2. One armorer to each regiment of infantry, riflemen, and battalion of artillery. Sec 3. Where, in cases, &o., the pay, &c., of officers and soldiers has been delayed, &c., it is on evidence, to be adjusted and paid. Kesoltjtion 12.— Approved, April 4, 1818.— Vol. 3, p. 4Y6. Resolution directing medals to be struck, and, together with the thanks of Con- gress, presented to Major General Harrison and Governor Shelby, and for other purposes. [Thanks of Congress to General Harrison and Governor Shelby, &c., for gallantry and good conduct in defeating the British and Indians on the Thames, &o. Gold medals to them.] * Superseded by act of 2d March, 1821. 270 Fifteenth Cong., 2d Sess., Oh. 45, 60 & 81, 1819. Chapter 45.— Approved, Marcli 2, 1819.— Vol. 3, p. 488. An Act to regulate the pay of the army when employed on fatigue duty. That, whenever it shall be found expedient to employ the army at work on fortifications, in surveys, in cutting roads, and other constant labor, of not less than ten days, the non- commissioned officers, musicians, and privates, so employed, shall be allowed fifteen cents,* and an extra gill of whiskey, or spirits, each, per day, while so employed. Chapter 60.— Approved, March 3, 1819.— Vol. 3, p. 502. An Act extending the term of half-pay pensions to the widows and children of cer- tain officers, seamen, and marines, who died in the public service.! [Five years' additional half pay to the widows and children of oflS- cers, seamen, and marines, killed in battle, &c., or who died in service.] Chapter 81.— Approved, March 3, 1819.— Vol. 3, p. 514. An Act regulating the payments to invalid pensioners. [In applications for payments of pensions the affidavit of two credible surgeons, &c., stating the continuance and rate of disability, &c., to accompany the application for payment falling due after the 4th of March, 1820, and every two years thereafter, &c., the applicant to be paid at the rate, &c. Proviso : affidavit not necessary in case of total disability, &c. Proviso : this act not to extend to invalids of the rev- olutionary army.] * Pay increased to 25 and 40 cents east, and 35 and 50 cents west, of the Rocky mountains, Aug. 4th, 1864, ch. 247. t Act of March 4, 1814, ch. 20. Act of April 16, 1818, ch. 65. Act of April 9, 1824, ch. 34. Fifteenth CoNg., Second Sbss., Ch. 88 & 99, 1819. 271 Chapter 88.— Approved, March 3, 1819.— Vol. 3, p. 520. An Act authorizing the sale of certain military sites. The secretary of war, under direction of the President, shall sell useless mili- tary sites. The secretary, on payment, to make a deed in fee. Jurisdiction of the D. S. to cease. That the secretary of war be, and is hereby, authorized, under the direction of the President of the United States, to cause to be sold such military sites, belonging to the United States, as may have been found, or become, useless, for mili- tary purposes. And the secretary of war is hereby author- ized, on the payment of the consideration agreed for, into the treasury of the United States, to make, execute, and and deliver, all needful instruments, conveying and trans- ferring the same in fee; and the jurisdiction, which had been specially ceded, for military purposes, to the United States, by a state, over such site or sites, shall thereafter cease. Chapter 99.— Approved, March 3, 1819.— Vol. 3, p. 526. An Act concerning invalid pensions. 3. EeTOlutionary soldiers adopting the act of 1818, ch. 19, not entitled under this or future acts. 4. Persons placed on the pension list without report. Section ^."f That any pension granted by this act, or any other act hereafter to be passed, to any oflScer, soldier, or marine, who served in the revolutionary war, shall cease and be discontinued, in case the individual to whom the same may be granted, hath availed himself, or shall here- after avail himself of the provisions of an act^ passed the eighteenth day of March, one thousand eight hundred and * The previous sections relate to individual pensioners. 2Y2 Sixteenth Congebss, Fiest Session, Ch. 52, 1820. eighteen, entitled "An act* to provide for certain persons engaged in tlie land and naval service of the United States, in the revolutionary war." Sec. 4.t That all persons entitled to pensions, in conform- ity with the provisions of the act, entitled "An act J to pro- vide for persons disabled by known wounds during the revo- lutionary war," passed April the eighteenth, eighteen hun- dred and six, and also the fourth section of an act, entitled "An act§ concerning invalid pensioners," passed the twenty- fifth of April, one thousand eight hundred and eight, may be placed on the pension list by the secretary of war, with- out reporting the same to Congress. [Approved, March 3, 1819.] Chapter 52.— Approved, May 1, 1820.— Vol. 3, p. 567. An Act in addition to the several acts for the establishment and regulation of the treasury, war, and nary departments. 1. Unexpended appropriations carried to surplus fund. Balances after object effected, to be repaid to the treasury, &c. 2. Secretary of war and navy to lay before Congress statements of appropri- ations, ^&c. To estimate the probable demands, and the balance to be deducted, Ac. Accounts annually rendered. Mon- eys in the treasury, as agent of war and navy, for two years, &c., to be carried to surplus fund. Unless a longer time is assigned. 4. Appropriations for one year not to be transferred to another branch of ex- penditure in a different year, under act of 3d March, 1809. 6. The President may transfer appro- priations to certain other expenditure in the war. And navy department. 6. No contracts except under law, or appropriation. Except. 7. No land bought except under law. 8. Secretary of treasury to state ap- propriations for the year, &c. Section 1. That it shall be the duty of the secretary of the treasury, to cause to be carried to the account of the surplus fund, any moneys appropriated' for the department of war, or of the navy, which may remain unexpended in the trea- ' Ch. 19, ante. t This section (4) not to be affected by the 4th Feb. 1822, ch. 6, sec. 1, vol. 3, p. 650, or by the 24th May, 1828, ch. 109, sec. 1, vol. 4, pp. 307-8, continuing this act six years. I Ch. 25, ante. § Ch. 58, ante. Sixteenth Congress, First Session, Ch. 52, 1820. 213 sury, or in the hands of the treasurer, as agent for those de- partments, whenever he shall be informed, by the secretaries of those departments, that the object for which the appropri- ation was made has been effected. And it shall be the duty of the secretaries of war and navy departments, to cause any balance of moneys drawn out of the treasury, which shall remain unexpended, after the object for which the appropri- ation was made shall be effected, to be repaid to the treasury of the United States; and such moneys, when so repaid, shall be carried to the surplus fund. Sec. ,2. That it shall be the duty of the secretaries of the war and navy departments, to lay before Congress, on the first day of February, of each year, a statement of the ap- propriations of the preceding year, for their departments respectively, showing the amount appropriated under each specific head of appropriation, the amount expended under each, and the balance remaining unexpended, either in the treasury, or in the treasurer's hands, as agent of the war or navy departments, on the thirty-first December preceding: and it shall be further the duty of the secretaries aforesaid, to estimate the probable demands which may remain on each appropriation, and the balance shall be deducted from the estimates of their departments, respectively, for the service of the current year; and accounts shall also be annually rendered, in manner and form as aforesaid, exhibiting the sums expended out of the estimates aforesaid, and the balance, if any, which may remain on hand, together with such infor- mation, connected with the same, as shall be deemed proper. And whenever any moneys, appropriated to the departments of war, or of the navy, shall remain unexpended in the hands of the treasurer, as agent of either of those depart- ' ments, for more than two years after the expiration of the calendar year in which the act of appropriation shall have been passed, or to which it refers, it shall be the duty of the secretary of such department to inform the secretary of the treasury of the fact, and the secretary of the treasury shall thereupon cause such moneys to be carried to the ac- 18 274 Sixteenth Congress, First Session, Ch. 52, 1820. count of the surplus fund: Provided, that when an act mak- ing an appropriation, shall assign a longer duration for the completion of its object, no transfer of any unexpended balance, to the account of the surplus fund, shall be made until the expiration of the time fixed in such act. Sec. 3. [Expenditures for services before 1815.] Sec. 4. That nothing contained in the act of March third, one thousand eight hundred and nine, entitled "An act* further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments," shall be so construed, as to allow any appropriation what- ever for the service of one year to be transferred to another branch nf expenditure in a difierent year, nor shall any ap- propriations be deemed subject to be transferred, under the provisions of the above mentioned act, after they shall have been placed in the hands of the treasurer,- as agent of the war or navy departments. Sec. 5. That the above-mentioned act of the third of March, one thousand eight hundred and nine, shall be, and the same is hereby, so amended, that the President shall be authorized to direct a portion of the moneys appropriated for any one of the following branches of expenditure in the military department, viz. for the subsistence of the army, for forage, for the medical and hospital department, for the quartermaster's department; to be applied to any other of the above-mentioned branches of expenditure in the same de- partment: and that the President shall be also further au- thorized, to direct a portion of the moneys appropriated for any of the following branches of expenditure in the navy de- partment, viz. for provisions, for medicine and hospital stores, for repairs of vessels, for clothing; to be applied to any other of the above-mentioned branches of expenditure in the same department: and that no transfers of appropria- tion, from or to other branches of expenditure, shall be here- after made. Sec. 6. That no contract shall hereafter be made, by the * Ch. 28, avte ; and see the 3d March, 1817, oh. 96, ante. Sixteenth OongkbsSj First Session, Oh. 53, 1820. 275 secretarj' of state, or of tlie treasury, or of the department of war, or of the navy, except under a law authorizing the same, or under an appropriation adequate to its fulfilment; and excepting also, contracts for the subsistence and clothing of the army or navy,* and contracts by the quartermaster's department, which may be made by the secretaries of those departments. Sec. 7. That not l*^roved, May 15, 1820.] Chapter 13.— Approved, March 2, 1821.— Vol. 3, p. 615. An Act to reduce and fix the military peace establishment of the United States. 1. Military establishment. 2. Artillery. Light artillery. Super- numerary captains. Infantry. Adju- tant to each regiment. 3. Engineers. 4. Ordnance merged in artillery. 5. One major general, two aids, two brigadiers and one aid. 6. One adjutant and two inspectors general. 7. A quartermaster-general. Two quartermasters. Ten assistant quarter- masters. 9. Paymaster-general and fourteen paymasters. Commissary of purchases. Storekeepers. 10. Surgeon-general. Eight surgeons. Forty-five assistant surgeons. 11. Rank, pay, Ac. Subject to ar- ticles of war. Section 1. That,* from and after the first day of June next, the military peace establishment of the United States shall be composed of four regiments of artillery, and seven regiments of infantry, with such officers of engineers, of ordnance, and of the staff, as are hereinafter provided for. Sec. 2. That each regiment of artillery shall consist of one colonel, one lieutenant colonel, one major, one sergeant * This first section is much altered by subsequent acts. 284 Sixteenth Congress, Second Session, Ch. 13, 1821. major, one quartermaster sergeant, and nine* companies, one of whicli shall be designated and equipped as light ar- tillery; and'f that there shall be attached to each regiment of artillery one supernumerary captain to perform ordnance duty; and that each company shall consist of one captain, two first lieutenants, two second lieutenants, four sergeants, four corporals, three artificers, two musicians, and forty-two pri- vates. That each regiment of infantry shall consist of one colonel, one lieutenant-colonel, one major, one sergeant major, one quartermaster sergeant, two principal musicians, and ten companies; each of which shall consist of one cap- tain, one first lieutenant, one second lieutenant, three ser- geants, four corporals, two musiciaiis, and forty-two pri- vates; and that to each regiment of artillery and infantry there shall be one adjutant, who shall be taken from the subalterns of the line. Sec. 3. That the corps of engineers, (bombardiers ex- cepted,) and the topographical engineers, and their as- sistants, shall be retained in service as at presentj or' ganized. Sec ■4.§ That the ordnance department shall be merged in the artillery; and that the President of the United States be, and he is hereby, authorized to select, from the regiments of artillery, such officers as may be necessary to perform ordnance duties, who, while so detached, shall receive the pay and emoluments now|| received by ordnance officers, and shall be subject only to the orders of the war depart- * The artillery companies are reorganized by the 23d August, 1842, ch. 186, sec. 1 ; the 3d March, 1847, ch. 61, sec. 18, and the 17th June, 1850, ch. 20, sec. 1. And the President is authorized to increase the companies in the army by the same act, (1850, sec. 2,) where serving in posts on the frontier and remote stations. And the non-commissioned officers and men of the infantry are reorganized, by the 23d August, 1842, ch. 186, sec. 1. t The clause as to supernumerary captains of artillery is repealed by the 5th April, 1832, ch. 67, sec. 3. I By the 16th March, 1802, ch. 9, sec. 26 and 27, ante, and see note to sec. 26. § The ordnance is reorganized, and the clause merging it in the artillery is re- pealed, by the 5th April, 1832, ch. 67. II By the 5th April, 1832, ch. 67, sec. 4, the pay and emoluments of the officers of the ordnailce are the same as are allowed to artillery officers. Sixteenth Congress, Second Session, Ch. 13^ 1821. 285 ment; and that the number of enlisted men in the ordnance department be reduced to fifty-six. Sec. 5.* That there shall be one major-general, with two aids-de-camp, two brigadier generals, each with one aid-de-camp; and that the aids-de-camp be taken from the subalterns of the line, and, in addition to their other duties^ shall perform the duties of assistant adjutant general. Sec. 6. That there shall be one adjutant general, and twof inspectors general, with -the rank, pay, and emoluments, of colonels of cavalry. Sec. T.J That there shall be one quartermaster-general; that there shall be two quartermasters, with the rank, pay, and emoluments of majors of cavalry; and ten assistant quartermasters, who shall, in addition to their pay in the line, receive a sum not less than ten dollars, nor more than twenty dollars per month, to be regulated by the secretary of war. Sec. 8. [Commissary general of subsistence§ and assistants.] Sec. 9. That there shall be one paymaster general, with * See for the temporary increase of the generals, by the 18th June, 1846, ch . 29, to be reduced by racancies to one major-general and two brigadiers, by the 19th July, 1848, ch. 104. f See, for the adjutants-general, the 5th July, 1838, ch. 142, sec. 7, and note. The inspectors-general were reduced to one, by the 23d August, 1842, oh. 186, sec. 4; but the two were restored by the 12th January, 1846, ch. 3. I For changes in the quartermaster's department, see the 18th May, 1826, ch. 74, sec. 4; the 5th July, 1838, ch. 162, sec. 9, and the 11th February, 1847, ch. 8. sec. 1. The pay and emolument of the quartermaster-general is by the 28th March, 1812, ch. 46, sec. 2, ante, is the same as those of a brigadier-general, $104 a month, and twelve rations a day, and $16 for forage per month. In the absence of quartermaster-general, the President may appoint one of the department to perform his duties. The quartermaster-general and deputies to be appointed with the approbation of the senate by the 28th May, 1812, ch. 46, sec. 1, ante. This section 7, as to the subordinate quartermasters' supplies the 28th March, 1812, ch. 46, sec. 2, ante, and the 14th April, 1818, ch. 61, sec. 3, ante. § This section 8 of the commissary-general and his assistants was to continue only five years, by the 2d March, 1829, ch. 42, sec. 8. See the 14th April, 1818, ch. 61, vol. 3, p. 426. 286 Sixteenth Congeess. Second Session, Ch. 13, 1821. the present* compensation, and fourteen paymasters, with the pay andf emoluments of regimental paymasters, J and that there shall be one commissary of purchases, % and two military storekeepers, to be attached to the purchasing department. Sec. 10. II That the medical department shall consist of one surgeon general, eight surgeons, with the compensation of regimental surgeons, and^ forty-five assistant surgeons, with the compensation of post-surgeons. Sec. 11. That the officers, non-commissioned officers, artificers, musicians^ and privates, retained by this, act, ex- cept those specially provided for, shall have the same rank, pay, and emoluments, as are provided, in like cases, by ex- isting** laws; and that the force authorized and continued in service under this act, shall be subject to the rules and articles of war. [Apprmed, March 2, 1821.] * Two thousand five hundred dollars, by the 24th April, 181G, ch. 69, see. 3, and the 14th April, 1818, ch. 61, sec. 2. See, for the organization of the pay department, the 24th April, 1816, ch. 69, sec. 3 ; the officers of which were to be taken from the subalterns of the line. See, for increase of pay department,* the 4th July, 1836, ch. 366, sec. 1 ; the 3d March, 1847, ch. 61, sec. 12, and for the entire reorganization of the pay department, the 2d March, 1849, ch. 80. I Of majors of infantry, see the 24th April, 1816, ch. 69, sec. 3, ante, proviso : and see now the 2d March, 1849, ch. 80, and note. \ As distinguished from a staff-major. 10 Peters, 666, Wetmore v. United States. § The ofiBoe of commissary of purchases was abolished by the 23d August, 1842, ch. 186, sec. 3. II The organization of the medical department seems to be entirely changed by this act. It supplies the 2d March, 1799, ch. 27, vol. 1, p. 721, with respect to the hospitals and hospital surgeons, and the appointment of the apothecary-general and his as- sistants of the 30th April, 1814, ch. 37, sec. 11, vol. 3, p. 114, and the 15th May, 1820, ch. 104, sec. 1, vol. 3, p. 582, 1 Three surgeons and five assistants added by the 4th July, 1836, ch. 356, sec: 4, and see for additions the 23d August, 1842, ch. 186, sec. 4 ; the 28th July, 1832, ch. 160; the 30th July, 1834, ch. 133, and the 11th February, 1847, ch. 8, sec. 8.— See act of 1856. ** See the 16th March, 1802, ch. 9, sec. 4; the 12th April, 1808, sec. 4, and note, and the 14th January, 1812, ch. 14. 16th & 17th Congeess, Ch. 88, 90 & 5, 1822-'23. 287 Chapter 88.— Approved, May 1, 1822.— Yol. 3, p. 686. An Act to repeal the fourteenth section of "An Act to reduce and fix the military peace establishment," passed the second day of March, one thousand eight hun- dred and twenty-one. [The t4th section of the act to reduce and fix the military peace es- tablishment, &c., repealed.] Chapter 90.— Approved, May T, 1822.— Vol. 3, p, 688. An Act further to amend the several acts relative to the treasury, war, and navy departments. , 3. Moneys for the war and navy to be drawn by the secretary of treasury, &c. Section 1. [The 2d section of the'Sth May, 1792, ch. 37. 2d sec- tion of July 16th, 1798, ch. 85. And 7th section of March 3d, 1817, ch. 45, repealed.] Sec. 2. [Moneys in the treasury for the war and navy, to be repaid.] Sec. 3. That all moneys appropriated for the use of the war and navy departments, shall^ from and after the day and year last aforesaid, he drawn from the treasury, hy vrar- rants of the secretary of the treasury,' upon the requisitions of the secretaries of those departments, respectively, coun- tersigned by the second comptroller of the treasury, and registered by the proper auditor. Sec. 4. [Act of March 3d, 1817, ch. 45, repugnant, &c., re- pealed.] Chapter 5.— Approved, Jan. 23, 1823.— Vol. 3, p. 721. An Act to continue the present mode of supplying the army of the United States.* [The 7th, 8th, 9th and 10th sections of act of 14th April, 1818, continued in force for five years, and to the end of the next session of congress.] * See act 2d March, 1829. 288^ Seventeenth ConsresSj First Session, Oh. 9, 1823. Chapter 9.— Approved, Jan. 31, 1823.— Yol. 3, p. 723. An Act cqncerning the disbursement of public money. 1. No advance of public money. Un- less necessary to promptness. Or on distant stations. 2. OfiBcers or agents of the United States to account quarterly. 3. Officers or agents offending, to be reported to the President and dismissed. 4. No security to government to be impaired. Sec. 1. That, from and after the passing of this act, no advance of public money shall be made in any case what- ever; but in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previ- ously to such payment: Provided, that it shall be lawful, under the especial* direction of the President of the United States, to make such advances to the disbursing ofScers of the government as may be necessary to the faithful and prompt discharge of their respective duties, and to the ful- filment of the public engagements: And provided also, that the President of the United States may direct such advances as he may deem necessary and proper, to such persons in the military and naval service as may be employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled, cannot be regularly effected. Sec. 2. That every officer or agent of the United States, who shall receive public money which he is not authorized to retain, as salary, pay or emolument, shall render his ac- counts quarter yearly to the proper accounting officers of the treasury, with the vouchers necessary to the correct and prompt settlement thereof, within three months, at least, after the expiration of each successive quarter, if resident within the United States; and within six months, if resident * The President is not expected to be the administrative officer of the depart- ments, and his general orders to the bureaus to advance funds to disbursing officers, authorizes such payments. 1 How. 290, Williams v. United States. Seventeenth Cong., Second Sbss., Oh. 37, 1823. 289 in a foreign country : Provided, that nothing herein con- tained shall be construed to restrain the secretaries of any of the departments from requiring such returns from the officer or agent, subject to the control of such secretaries, as the public interest may require. Sec. 3. That every officer or agent of the United States, who shall offend against the provisions of the preceding sec- tions, shall, by the officer charged with the direction of the department to which such offending officer is responsible, be promptly reported to the President of the United States, and dismissed from the public service: Provided, that in all cases, where any officer, in default as aforesaid^ shall account to the satisfaction of the President for such default, he may be continued in office, anything in the foregoing provision to the contrary notwithstanding. Sec. 4. That no security given to, or obligation entered into, with the government, shall be in any wise impaired, by the dismissing any officer, or from failure of the Presi- dent to dismiss any officer coming under the provisions of this act. [Approved, January 31, 1823.] March 3, 1797, ch. 20. Chapter 37.— Approved, March 1, 1823.— Yol. 3, p. 770. An Act in addition to the act, entitled "An Act for the prompt settlement of public accounts," and for the punishment of the crime of perjury. 3. Persons swearing falsely, shall suffer as for perjury. Sec. 3.* That if any person shall swear orf affirm false- * The 1st and 2d sections are for settlement of pending accounts, and are omitted. t This includes all cases of swearing, &c. required by the practice of the treasury department in the expenditure of public money, or in support of any claims against the United States. 9 Peters, 238, 256, United States v. Bailey. And a false oath taken before a justice of the peace, authorized by regulation of the treasury department to take oaths as evidence at the department in support of a claim against the United States, is perjury. 9 Peters, 238-257, United States v. Bailey. It is not necessary to allege the intent to have been felonious. 9 Peters, 238. 19 290 17 Cong., Ch. 59, 71. 18 Cong., Ch. 15, 2 Sess., Ch. 18. ly, touching the. expenditure of public money, or in support of any claim against the United States, he or she shall, upon conviction thereof, suffer as for wilful and corrupt perjury. [Approved, March 1, 1823.] Chaptee 59.— Approved, March 1, 1823.— Vol. 3, p. 782. An Act supplementary to the acts to provide for certain persons engaged in the land and naral service of the Dnited States in the revolutionary war. Section 1. Secretary of war to restore pensioners struck ofiF by the 1st of May, 1820,* if indigent. Sec. 2. A judge may attend at the dwelling of persons unable to attend in court. Sec 3. Pensions to commence after this act, &c. Chapter 71.— Approved, March 3, 1823.— Vol. 3, p. 788. An Act to establish a national armory on the western waters. Section 1. President authorized to form a Board to examine a site for a national armory on the western waters. Sec 2. Appropriation, five thousand dollars. Chapter 15. — Approved, Jan. 22, 1824. — Vol. 4, p. 4. An act further extending the term of half-pay pensions to the widows and children of officeis, seamen, and marines, who died in the public service. f Section 1. The term of half-pay pensions, to the widows, &c., of officers, &c., who died in the public service, extended. Sec. 2. Act of March 3, 1817, ch. 60, repealed. Proviso. Chapter 18.— Approved, March 3, 1825.— Vol. 4, p. 94. An act for arming the militia of the District of Columbia. | [Act of 23d April, 1808, making provision for arming the militia, extended to the District of Columbia.] * Ch. 53, ante. f This act repeals 3d March, 1817, and 3d March, 1819. t See Act April 23, 1808, and the note thereon. Eighteenth Congebss, Second Sess., Ch. 66, 1825. 291 Chapter 66.— Approved, March 3, 1825.— Vol. 4, p. 123. An Act further to amend the act authorizing payment for property lost, captured or destroyed by the enemy, while in the military service of the United States, and for other purposes, passed ninth April, one thousand eight hundred and sixteen. Course to be pursued by those having claims for buildings destroyed during the late war. Proviso. Proviso. That* any person having a claim for a huilding de- stroyed hy the enemy during the late war, under the ninth section of the act to which this is an amendment, and of the act to amend the same, passed the third day of March, one thousand eight hundred and seventeen, which shall have heen presented to the commissioner of claims, appointed under the act first aforesaid, at any time before the tenth of April^ one thousand eight hundred and eighteen, and which was not paid under saidacts,nor finally rejected by said commissioner, may, within nine months, hereafter, present the same with the evidence to support it, to the third auditor of the treasury, for examination and adjustment, and if he shall besatisfied the building or buildings for which damages are claimed, was, at the time of its destruction, occupied by order of any agent or officer of the United States, as a place of deposit for military or naval stores, or as barracks for the mili- tary forces of the United States, he shall proceed to assess the damages, and certify the amount for payment, in the way pointed out in the act first above referred to, which shall be immediately paid out of any money in the treasury not otherwise appropriated: Provided, that if the auditor shall be satisfied the evidence before him is insufficient to enable him correctly to decide between the United States and the claimant, he may, on giving notice to the claimant, cause other evidence to be taken: And provided also, that no pay- ment shall be made under the provisions of this act, where the property destroyed was occupied under a contract with the owner, and at the risk of such owner. * Act of April 9, 1816, ch. 40. Act of March 3, 1817, ch. 110. 292 18th & 19th Cong., Ch. 93, 30 & 74, 1825-'26. Chapter 93.— Approved, March 3, 1825.— Vol. 4, p. 127. An Act to authorize the sale of unserriceable ordnance, arms, and military stores. 2. The inspection or survey to be made by an inspector-general. 1. The President of the United States to cause to be sold any ordnance, &c., damaged, as to render useless, &c. Section 1. That the President of the United States be, and he is hereby, authorized to cause to be sold any ordnance, arms, ammunition or other military stores, or subsistence, or medical supplies, which, upon proper inspection or survey, shall appear to be damaged, or otherwise unsuitable for the public service, whenever, in his opinion, the sale of such un- serviceable stores will be advantageous to the public service. Sec. 2. That the inspection or survey of the unserviceable stores shall be made by an inspector-general, or such other officer or officers as the secretary of war may appoint for that purpose; and the sales shall be made under such rules and regulations as may be prescribed by the secretary of war. Chapter 30.— Approved, May 4, 1826.— Vol. 4, p. 157. n Act to- exempt the professors, tutors, stewards, and students, of the differe; minaries of learning, in the District of Columbia, from militia duty. * [Professors, &c., exempt from militia duty except in case of war.] Chapter 74.— Approved, May 18, 1826.— Vol. 4, p. 173. An Act regulating the accountability for clothing and equipage issued to the army of the United States, and for the better organization of the quartermaster's department. 1. Quartermaster's department to dis- tribute clothing, &c. 2. Commanders of companies, &c., to return supplies every quarter. 3. Duty of ofiBcers charged with the issue of clothing and supplies. i. Two quartermiisters and ten assist- ants appointed. To receive forage. 5. Officers to give bond. Section 1. That it shall be the duty of the quartermas- * This act is also printed among the private acts in vol. 6, p. 339. Nineteenth Consress, First Session, Oh. 74, 1826. 293 ter's department^ in addition* to its present duties, to re- ceive from the purchasing department^ and distribute to the army of the United States, all clothing and camp and garri- son equipage required for the use of the troops; and that it shall be the duty of the quartermaster general, under the direction of the secretary of war^ to prescribe and enforce, under the provisions of this act, a system of accountability for all clothing and equipage issued to the army. Sec. 2. That every captain, or commander of a company, detachment, or recruiting station, or other officer, who shall have received clothing or camp equipage for the use of his command, or for issue to the troops, shall render to the quartermaster general, at the expiration of each regular quarter of the year, quarterly returns of such supplies, ac- cording to the forms which may be prescribed, accom- panied by the requisite vouchers for any issue that shall have been made; which returns and vouchers^ after due ex- amination by the quartermaster general^ shall be trans- mitted for settlement to the proper office of the treasury department. Sec. 3. That it shall be the duty of all officers charged with the issue of clothing, or other supplies^ carefully to preserve the same from waste or damage; and, in case of de- ficiency, on final settlement, of any article of supplies, the value thereof shall be charged against the delinquent, and deducted from his monthly pay, unless he shall show, to the satisfaction of the secretary of war, by one or more depo- sitions, setting fqrth the circumstances of the case, that the said deficiency was occasioned by unavoidable accident, or was lost in actual service, without any fault on his part; and^ in case of damage, he shaU also be subject to charge for the damage actually sustained, unless he shall show, in like manner, to the satisfaction of the secretary of war, that due care and attention were given to the preservation of said supplies, and that the damage did not result from neglect. * See the 28th March, 1812, ch. i6, see. 3, ante, for duties of. 294 Nineteenth Cong. , First Sess. , Oh. 82 & 88, 1826. Sec. 4. That, the tetter to enable the quartermaster's de- partment to carry into effect the provisions of this act, there be appointed two additional quartermasters, and ten assist- ant quartermasters, to be taken from the line of the army, who shall have the same rank and compensation as are pro- vided* for like grades by the act, entitled "An act to re- duce and fix the military peace establishment of the United States," approved the second day of Marcli, one thousand eight hundred and twenty-one: Provided, that assistant quartermasters be entitled, also, to receive the allowance of forage heretoforef authorized, by law, to regimental and battalion quartermasters. Sec. 5. That each officer appointed under this act, shall, before he enter upon his duties, give bond, with sufficient surety, to be approved by the secretary of war, in such sum as the President shall direct, with condition for the faithful performance of the duties of his office. [Apprmed, May 18, 1826.] March 28, 1812, ch. 46, sec. 3. May 22, 1812, ch. 92. July 5, 1838, ch. 142, sec. 9, &c. Chaptek 82.— Approved, May 20, 1826.— Vol. 4, p. 178. An Act concerning the United States arsenal in Georgia. Section 1. Secretary of war to cause to be purchased in the vicinity of Augusta, a proper site for an United States arsenal. Proviso. Proviso : consent of the proper authorities of said state to be first obtained, &o. Sbo. 2. A sum not exceeding $70,000 appropriated, &c. Chapter 88.— Approved, May 20, 1826.— Vol. 4, p. 179. An Act to authorize the secretary of the war department to purchase a site for an arsenal at St. Louis, in the state of Missouri, and to provide for the erection of an arsenal on the same. [Secretary of war to purchase a site for an arsenal at or in the vicinity of Missouri. $15,000 appropriated.] * There is no such provision by the act of 1821. t By the 12th April, 1808, ch. 43, sec. i, ante. 19th Cok&., Ebs. 3, 2dSbss., Ch. 42 & 80, 1826-'2'7. 295 Ees. No.^.— Approvea, May 18, 1826.— Vol. 4, p. 219. Resolution directing a system of cavalry tactics, and a system of instruction for artillery, to be prepared for the use of the cavalry and artillery of the militia. [Secretary of war to have prepared a complete system of cavalry tactics.] Chapter 42.— Approved, Marcli 2, 182^.- Vol. 4, p. 297. An Act* giving further compensation to the captains and' subalterns of the army of the United States, in certain cases. a company, in the army of the United States, to receive ten dollars per mouthy additional pay. Proviso. 1. After the passage of this act, each captain, &c,, to be allowed an additional ration, 2-. Every ofiBcer, in actual command of Section 1. That, from and after the passing of this act, each captain and subaltern in the arniy,t shall be allowed one additional ration. Sec. 2. That every officer in the actual comtnand of a company in the army of the Uiiited States, shall be entitled to receive ten dollars per month additional pay, as compen- sation for his duties and responsibilities, with respect to the clothing, arms, and accoutrements of the company, whilst , he shall be in the actual command thereof: Provided, that no subaltern officer, J who shall be in the performance of any staff duty, for which he receives an extra compensa- tion, shall be entitled to the additional ration herein pro- vided for. Chapter 80.— Approved, March 3, 1827.— Vol. 4, p. 241. An Act authorizing the establishment of an arsenal in the town of Augusta, in Maine. [Secretary of war to purchase a site for an arsenal in Augusta.] * This act is not repealed by the 30th June, 1834, ch. 132. 3 How. 567. f And marine corps, by the 30th June, 1834, oh. 142. :|: Or lieutenants holding the appointments of adjutant and regimental quarter- maBter,3d March, 1847, sec. 10, oh. 61, p. 183. 296 Twentieth Cong., First Sess., Ch. 2 & 63,^ 1828. Chapter 2.— Approved, January 25, 1828.— Vol. 2, p. 246. An Act to prsrent defalcations on the part of the disburiing agents of the government, and for other purposes. * No money appropriated to be paid I strued to extend to balances arising to persons in arrears to the United from the depreciation of treasury notes. States. Proviso : nothing to be con- 1 That no money hereafter appropriated shall be paid to any person, for his compensation, who is in arrears to the United States, until such person shall have accounted for, and paid into the treasury, all sums for which he may be liable: Provided, that nothing herein contained shall be construed to extend to balances arising solely from the de- preciation of treasury notes received by such person, to be expended in the public service; but in all cases where the pay or salary of any person is withheld, in pursuance of this act, it shall be the duty of the accounting oiHcers, if demanded by the party, his agent or attorney, to report, forthwith, to the agent of the treasury department, the balance due; and it shall be the duty of the said agent, within sixty days thereafter, to order suit to be commenced against such delinquent and his sureties. Chapter 53.— Approved, May 15, 1828.— Vol. 4, p. 269. An Act for the relief of certain surviving officers and soldiers of the army of the revolution, f 1. Officers of the revolution in the con- tinental line, to receive pay according to rank not over captains. 2. Pension since March 3, 1826, first deducted. 3. Non-commissioned officer, &c., who enlisted in said line and served during the war. If not on pension list. 4. How paid. Not transferable and liable to execution, Ac. Section 1 . That each of the surviving officers of the army of the revolution in the continental line, who was entitled to • Not to apply to pensions, see act 20th May, 1836, vol. 6, p. 31. •f The provisions of this act extended to two years' service, &c., by the 7th June 1832, ch. 126, and to widows, by the 2d Feb. 1848, ch. 8, sec. 1. TwENTiBTH OoNGKESS, FiEST Sess., Ch. 53, 1828. 29T half pay by the resolve of October twenty-first, seventeen hun- dred and eighty, be authprized to receive, out of any money in the treasury not otherwise appropriated, the amount of his full pay in said line, according to his rank in the line, to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided, that, under this act, no officer shall be en- titled to receive a larger sum than the full pay of a captain in said line. Sec. 2.* That whenever any of said officers has re- ceived money of the United States,- as a pensioner, since the third day of March, one thousand eight hundred and twenty- gix, aforesaid, the sum so received shall be deducted from what said officer would otherwise be entitled to, under the first section of this act; and every pension to which said offi- cer is now entitled shall cease after the passage of this act. Sec. 3. That every surviving non-commissioned officer, musician, or private, in said army, who enlisted therein for and during the war, and continued in service until its ter- mination, and thereby became entitled to receive a reward of eighty dollars, under a resolve of Congress, passed May fifteenth, seventeen hundred and seventy-eight, shall be en- titled to receive his full monthly pay in said service, out of any money in the treasury not otherwise appropriated; to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided, that nof non-commissioned officer, musician or private in said army, who is now on the pension list of the United States, shall be entitled to the benefits of this act. Sec. 4. That the pay allowed by this act, shall, under the direction of the secretary of the treasury, % be paid to the offi- * This section not to embrace invalid pensioners, by the 31st May, 1830, ch. 228, vol. 4, p. 426, and the 14th July, 1832, ch. 237, vol. 4. p. 600. f This section (3) not to apply to invalid pensioners, 14th July, 1832, ch. 237, vol. 4, p. 500, and see the 31st May, 1830, ch. 228, vol. 4, p. 426 making same pro- vision. I Of war, by the 3d March,1835, ch. 46, sec. 4, supplied, and duties of, transferred to the interior, by the 3d March, 1849, oh. 108 sec. 6. 298 Twentieth Congress, Second Session, Ch. 28, 1829. cer or soldier entitled thereto, or to their authorized attorney, at such places and days as said secretary may direct; and that no foreign officer shall be entitled to said pay, nor shall any officer or soldier receive the same, until he furnish to said secretary satisfactory evidence that he is entitled to the same in conformity to the provisions of this act; and the pay allowed by this act shall not, in any way, be transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer or soldier entitled to the same by this act. Sec. 5. [Pay accrued by this act before March 3, 1828, to be paid.] [Approved, May 15, 1828.] Chapter 28.— Approved, March 2, 1829.— Vol. 4, p. 350. An Act making provision for the payment of pensions to the widow or children of pensioners, in certain oases, and for other purposes. 1. Arrears of pension to be paid to rep- resentatives of invalid pensioner dying before certificate. 2. Arrears to be paid to widow, &c. 3.. Proof of wounds. Section 1. Thatincase of the death of any invalid pensioner, before the certificate of the continuance of his disability, re- quired by the act, entitled "An act* regulating the payments to invalid pensioners," passed March third, one thousand eight hundred and nineteen, was obtained, it shall be law- ful for the secretary of war, and he is hereby directed, to pay to the legal representatives of such deceased invalid, the arrears of pensions due at the time of his death, at the rate at which it was fixed at his last examination: Provided, such last examination was within two years from the time of his death. Sec. 2. That whenever any revolutionary pensioner shall die, the secretary of war shall cause to be paid the arrears * Ch. 81. The act of 1819 (providing for proof of wounds, &c.) is repealed by the 14th July, 1832, ch. 234, vol. 4, p. 699 20th Cong., Second Sess., Ch. 38 & 42, 1829. 299 of pension due to the said pensioner at the time of his death: and all payments under this act, shall he made to-the widow of the deceased pensioner, or to her attorney, or if he left no widow, or she be dead, to the children of the pensioner, or to the guardian, or his attorney; and if no child or children, then to the legal representatives of the deceased. Sec. 3. That in all cases of applications for pensions, for wounds received in the revolutionary war, the testimony to establish the facts may be authenticated in the same manner with those who apply for pensions for wounds received in the late war with Great Britain. [Approved; March 2, 1829.] Chaptee 38.— Approved, March 2, 1829.— Vol. 4, p. 35T. An Act providing for the printing and binding sixty thousand copies of the abstract of infantry tactics, including manceuvres of light infantry and riflemen, and for other purposes. Section 1. Secretary of war to contract for 60,000 copies infantry tac- tics, &e. The system of discipline and field exercise observed by the ■ regular army, to be observed by the militia. To be distributed among the states, territories, and District of Columbia, through their chief magistrates, &c. Sec. 2. Appropriation. $14,790. Chaptee 42.— Approved, March 2, 1829.— Vol. 4, p. 360. An Act to continue the present mode of supplying the army of the United States. * Section 1. Sections 6, 7, 8, 9 and 10, of act April 14, 1818 ; and section 8, of March 2, 1821, continued for 5 years. Sec. 2. Two commissaries created. * See April U, 1818, May 2, 1821, March 3, 1835. 300 21sT Cong. IstSess., Ch. ITQ&ISS, 1830. Ohaptek 1 to.— Approved, May 29, 1830.— Vol. 4, p. 417. An Act to alter and amend the sixty-fifth article of the first section of an act, entitled ''An act for establishing rules and articles for the government of the ar- mies of the United States," passed the tenth of April, one thousand eight hundred and six. 1. Courts-martial in certain cases to be appointed by the President of the United States. ' 2. Proceedings and sentence to be sent directly to secretary of war, to be laid before the President V. S. 3. Repeal of part of 65th article of 1st section of act of 10th April, 1806. Section 1. That, whenever a general officer commanding an army, or a colonel commanding a separate department, shall be the accuser or prosecutor of any officer of the army of the United States, under his command; the general court-mar- tial for the trial of such officer shall be appointed by the President of the United States. Sec. 2. That the proceedings and sentence of the said court shall be sent directly to the secretary of war, to be by him laid before the President for his confirmation or appro- val, or orders in the case. Sec. 3. That so much of the sixty-fifth article of the first . section of "An act for establishing rules and articles for the government of the armies of the United States, passed on the tenth of April, eighteen hundred and six, as is repug- nant hereto, he, and the same is hereby, repealed. Chapter 183.— Approved, May 29, 1830.— Vol. 4, p. 418. An act to exempt deserters, in time of peace, from the punishment of death. That from and after the passage of this act, no officer or soldier in the army of the United States, shall be subject to the punishment of death, for desertion in time of peace.* * See Articles of War, No. 20, April 10, 1806. 21sTCoNa,CH. 228,&Rbs. 6,&22dCong., Ch. 67,1830. 301 Chapter 228.— Approved, May 31, 1830.— Vol. 4, p. 426. An Act to amend the act, entitled "An act for the relief of certain aurviTing offi- cers and soldiers of the army of the revolution." [Invalid pensioners not to be subject to certain deductions.*] Resolution 6.— Approved, May 29, 1830.— Vol. 4, p. 430. Kesolution in relation to the compensation of ofEcers of the marine corps, f That the pay, subsistence, emoluments, and allowances received by the officers of the marine corps previous to the 1st April, 1829, be, and the same is, hereby directed to be continued to them from that date up to the 28th February, 1831. Chaptee 6Y. — Approved, April 5, 1830. — Vol. 4, p. 504. An Act providing for the organization of the ordnance department. 1. Ordnance department to consist of, &c. 2. Ordnance sergeants. 3. Repeal of part of act of 8th Febru- ary, 1815. i. Government and pay. Section 1. That from and after the passage of this act, the ordnance department shall consist of one colonel, J one lieutenant-colonel, two majors and ten captains, and as many enlisted men as the public service may require, not exceed- ing two hundred and fifty. Sec. 2. That the secretary of war be authorized to select from the sergeants of the line of the army^ who shall have faithfully served eight years in the service, four years of which in the grade of non-commissioned officer, as many ordnance sergeants as the service may require, § not to ex- ceed one for each military post; whose duty it shall be to receive and preserve the ordnance, arms, ammunition^ E^nd other military stores, at the post under the direction of the * See July U, 1832. t See notes of acts concerning marine corps, vol. 1, p. 594. I See 5th July, 1838. § 64 are in service. See President's Message, 1853, part 2, p. 103. 302 Twenty-Second Cong., First Session, Ees. 3, 1832. commanding officer of the same, and under such regulations as shall be prescribed by the secretary of war, and who shall receive for their services five dollars per month, in addition to their pay in the line. Sec. 3. That the first section of the act passed on the eighth of February, one thousand eight hundred and fifteen, entitled "An act* for the better regulation of the ordnance depart- ment; and so much of the second section of the actj entitled "An actt to reduce and fix the military peace establishment of the United States," passed the second of March, one thou- sand eight hundred and twenty-one, as provides for one super- numerary captain to each regiment of artillery, to perform ordnance duty, and so much of the fourth section of the same act as merges the ordnance department in the artillery, and reduces the number of enlisted men, be, and the same are, hereby repealed : Provided, that nothing contained in this act shall be so construed as to divest the President of the United States of authorityl to select from the regiments of artillery such number of lieutenants as may be necessary§ for the performance of the duties of the ordnance department. Sec. 4. That all officers and enlisted men authorized by this act, shall be subject to the rules and articles of war, and that the officers|| shall receive the pay and emoluments now allowed or which may hereafterTf be allowed, to artillery officers. [Approved, April 5, 1832.] Resolution** 3.— Approved, May 25, 1832.— Vol. 4, p. 605. Resolution respecting the pay of the marines. That the pay, subsistence, emoluments, and allowances of * Chap. 38. t 2d March, 1821. J By 2d March, 1821. § See 5th July, 1838, for additions, and 1st July, 1838, and 3d March, 1847. II See July 5, 1838. ^ Includes $10 per month for care of clothing, &c. ** In the case of the United States against Freeman, 3 How. 566, Wayne, J., said that this resolution, respecting the pay and emoluments of the marine corps, was Twenty-Second CfoNG., First Session, Oh. 126, 1832. 303 officers,* non-commissioned officers, musicians, and privates of the United States marine corps, shall be the same as they were previouslyf to the first of April, one thousand eight hundred and twenty-nine, and shall so continue until they shall be altered^ by law. [Approved, May 25, 1818.] Chapter 126.— Approved, June 7, 1832.— Vol. 4, p. 529. An Act supplementary to the "Act for the relief of certain surTiving oflSoers and soldiers of the revolution." 1. Who served two years, to receive pay according to rank, not over cap- tain's. Serving six months to receive an annuity. 2. Pensioners to have benefits of this act until pension is relinquished. 3. Where paid. Foreign officers not entitled to, until evidence of right to. Not transferable, &c. 4. Payments. On death to widow or children. 6. Service in navy to entitle to this act. Section 1. That each of the surviving officers', non-com- missioned officers, musicians, soldiers and Indian spies, who shall have served§ in the continental line, or state troops, volunteers or militia, at one or more terms, a period of two years, II during the war of the revolution, and who are not entitled to any benefit under the act for the relief of certain surviving officers andT[ soldiers of the revolution, repealed by the 5th section of the 30th June, 1834, ch. 68, but it may be question- able if the repeal covers the emoluments and subsistence and allowance to the non- commissioned officers and menj the question before the court being as to the emoluments of defendant, who was a commissioned officer. * The officers, as to pay, emoluments, Ac, are put upon the same footing as those of the infantry by 30th July, 1834, oh. 132, sec. 5, f If under the 18th April, 1814, ch. 84, and the President may fix, see 11th July, 1798, ch. 72, and note. I See now for the pay of the non-commissioned officers and privates, the 2d March, 1833, ch 68, sec. 1. § Imprisonment as a prisoner of war to be computed, res. 9, July 14, 1832, vol. 4, p. 608. II The 16th May, 1828, ch. 53. Tf Extended in case of death to the widow of such as have, or may die, if mar- ried before 1st January, 1794, by the 2d February, 1848, ch. 8; and see the 4th July, 1836, ch. 362, sec. 3j as to widows. The pension of one dying after 4th March, 1831, and before 7th July, 1832, pay- 304 Twenty-Seconb Cong., First Sbss., Ch. 126, 1832. passed the fifteenth day of May, eighteen hundred and twenty-eightj be authorized to receive, out of any money in the treasury not otherwise appropriated, the amount of his fall pay in the said line, according to his rank, hut not ex- ceeding, in any case, the pay of a captain in the said line; such pay to commence from the fourth day of March, one thousand eight hundred and thirty-one, and shall continue during his natural life; and that any such of&cer, non-com- missioned officer, musician, or private, as aforesaid, who shall have served in the continental line, state troops, volun- teers, or militia, a term or terms in the whole less than the above period, but* not less than six months, shall be au- thorized to receive out of any unappropriated money in 'the treasury, during his natural life, each according to his term of service, an amount bearing such proportion to the annuity granted to the same rank for the service of two years, as his term of service did to the term aforesaid; to commence from the fourth day of March, one thousand eight hundred and thirty-one. Sec. 2. That no personf receiving any annuity or pension under any law of the United States providing for revolu- tionary officers and soldiers, shall be entitled to the benefits of this act, unless he shall first relinquish his further claim to such pension; and in all payments under this act, the amount which may "tiave been received under any other act as aforesaid, since the date at which the payments under this act shall commence, shall first be deducted from such payment. Sec. 3. That the pay allowed by this act, shall, under the direction of the secretary of the treasury,! be paid to the officer, non-commissioned officer, musician, or private, en- able to widow or heirs, as if he had lived, by the 4th July, 1836, ch. 342, sec. 2, TOl. 5, p. 128. * See how computation to be made by the res. No. 2, 2d March, 1833, vol. 4, p. 668. f Unless they are invalid pensioners, February 19, 1833, ch. 31, vol. 4, p. 612. I Of war, by the res. No. 4, 28th June, 1832, vol. 4, p. 605, now the secretary of the interior, by the 3d March, 1849, ch. 108, sec. 6. Twenty-Second Cong., First Sess., Ch. 126, 1832. 305 titled thereto, or his or their authorized attorney, at such places and times as the secretary of the treasury may direct, and that no foreign officer shall be entitled to said pay, noT shall any officer, non-commissioned officer, musician or pri- vate, receive the same until he furnish the said secretary satisfactory evidence that he is entitled to the same, in con- formity to the provisions of this act; and the pay hereby allowed shall not be in any way transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer, non-commissioned officer, musician, or soldier, entitled to the same. Sec. 4. That so much of the said pay as accrued before the approval of this act, shall be paid to the person entitled to the same as soon as may be', in the manner and under the provisions above mentioned; and the pay which shall accrue thereafter shall be paid semi-annually, in the manner above directed; and, in case of the death of any person embraced by the provisions of this act^ or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment, and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children. Sec. 5. That the officers, non-commissioned officers, mariners, or marines, who served for a like term in the naval service during the revolutionary war, shall be entitled to the benefits of this act, in the same manner as is provided for the officers and soldiers of the army of the revolution. [Approved, June 7, 1832.] 20 306 22d Cong., 1st Sess., Ch. 131, 150, 151 & 223, 1832. Chapter 131.— Approved, June 15, 1832.— Vol. 4, p. 533. An act to authorize the President to raise mounted riflemen for the defence of the frontier. * Section 1 . How armed, &c. Sec. 2. Organization. Sec. 3. Privates, &c., to arm and equip themselves. Officers' pay and emoluments. Sec. 4. Provision in case of disability. Corps subject to rules and articles of war. Sec. 5. Officers, how appointed. Chapter 150.— Approved, June 28, 1832.— Vol. 4, p. 550. An act to increase the number of surgeons and assistant-surgeons in the army of the United States, f [The President authorized, by and with the advice and consent of the senate, to appoint four additional surgeons, and ten additional sur- geon's mates, in the army of the United States.] Chapter 151.— Approved, June 28, 1832.— Vol. 4, p. 550. An act further to extend the pensions heretofore granted to the widows of persons killed or who died in the naval service. Section 1. Naval pensions continued to the widows, &c., for five years. I Sec. 2. Same provisions extended to widows of those who died from wounds. Chapter 223.— Approved, July 14, 1832.— Vol. 4, p. 580. An act coneerning certain officers of the marine corps. J [The President of the United States authorized to cause to be allowed and paid to such officers of the marine corps, as have heretofore re- ceived the brevet rauk of majors in said corps, the amount of pay and » Superseded by act of 2d Mareh, 1833. t See July 14, 1836, further increasing the medical staff, and February, 1856. J Five years more, 30 June, 1834, ch. 134, and 3 Mar. 1845, ch. 41, and 3 Mar. 1847, eh. 49 ; to cease on widow's death or marriage, 30 June, 1834. ? See note to June 30, 1834. 22d Cong., IstSess., Ch. 224 & 237 & Ees. 8, 1832. 307 emoluments to which they would have been entitled as commandants of separate stations, if said brevet rank had been recognized by the navy department : Provided, that no officer shall receive under this act more than the difference between the pay and emoluments actually received by them, and those to which their said brevet rank would have entitled them as aforesaid.] [Approved, July 14, 1832.] Chapter 224.— Approved, July 14, 1832.— Vol. 4, p. -580. An act supplementary to the several acts making appropriation for the civil and military service during the year one thousand eight hundred and th/irty-tvro. [extract.] Section 4. That it shall be the duty of the district pay- masters of the army of the United States, in addition to the payments required to he made by them to the regular troops, to make payment to all other troops in the service of the United States, whenever required thereto by order of the President.* Chapter 237.— Approved, July 14, 1832.— Vol. 4, p. 600. An act to amend the act, entitled " an act for the relief of certain surviving officers and soldiers of the army of the revolution. [Third section of the act of May 15, 1828, ch. 53, not to embrace invalid pensioners, &c.] Resolution 8. — Approved, July 14, 1832. — Vol. 4, p. 607. Resolution to repeal a resolution, approved the twenty-ninth day of April, one thousand eight hundred and sixteen, authorizing the President of the United States to employ a skillful assistant in the corps of engineers. [The resolution alluded to repealed.] * See act 2d March, 1833, ch. 61. 308 22d Congress, Ees. 9, Ch. 31 & 33, 1832-33. Resolution 9.— Approved, July 14, 1832.— Vol. 4, p. 608. Resolution in relation to the execution of the act, supplementary to the act for the relief of certain surviving oiBcers and soldiers of the revolution. That, in the execution of the act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution, approved June 7, 1832, the tinae of imprisonment as prisoners of war, shall be taken and computed as a part of the period of service. Chapter 31.— Approved, Feb. 19, 1833.— Vol. 4, p. 612. An act to amend an act, entitled an act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution. That the second section of the act, entitled an act supple- mentary to the act for the relief of certain surviving officers and soldiers of the revolution, approved Yth June, 1832, shall not be construed to embrace invalid pensioners, and that the pensions of invalid soldiers shall not be deducted from the amount receivable by them under the said act. Chapter 33.— Approved, Feb. 19, 1833.— Vol. 4, p. 613. An act for the payment of horses and arms, lost in the military service of the United States, against the Indians on the frontiers of Illinois and the Michigan territory. Section 1. Horses owned by militiamen or volunteers, and lost whilst in the service of the United States, to be paid for. Sec. 2. Value of arms and military accoutrements to be paid. Sec. 3. How elaims shall be examined ; see act of April 9, 1816, ch. 10, and March 3, 1817, ch. 110. Twenty-Second Cong., 2d Sess., Ch. 61 & 68, 1833. 309 Chapter 61.— Approved, March 2, 1833.— Vol. 4, p. 644. An act making appropriation for the support of the army for the year one thou- sand eight hundred and thirty-three. [extract.] Section 2. That the secretary of wapbe authorized, at his discretion, out of the moneys appropriated by this^ or any former act, for the payment of the militia ordered into the service of the United States, according to law, during the last year, to allow and pay to the district paymasters of the army of the United States employed in making such pay- ments, a commission on the sums respectively paid by them, not exceeding one per centum upon the amounts. Chapter 68.— Approved, March 2, 1833.— Vol. 4, p. 647. An act to improve the condition of the non-commissioned oflBcera and privates of the army and marine corps of the United States, and to prevent desertion. 1. Army. Term of enlistment, and pay. Marine corps. Term of enlistment and pay. ' 5. Premiums and bounties abolished. 6. No convict to be enlisted. 7. Seventh section of Act of 1812 re- pealed, ch. 86. Section 1. That from and after the passage of this act, [all* enlistments in the army of the United States, shall be for three years; and that the monthly pay of the non-com- missioned officers and soldiers, shall be as follows, viz. to each sergeant major, quartermaster-sergeant, and chief mu- sician, sixteen dollars; to the first sergeant of a company, fifteen dollars; to all other sergeants, twelve dollars each; to each artificer, ten dollars; to each corporal, eight dollars; and to each musician and private soldier, six dollars;] and that all enlistments in the marine corps, shall be for four years;t and that the monthly pay| of the non-commissioned * Part in brackets supplied by 5th July, 1838, ch. 162, sec. 16, vol. 5, p. 253. t Ch. 132, sec. 3, June 30, 1834. :j:Does this interfere with allowances for subsistence? See 11th July, 1798, ch. 72, sec. 2, and 25th May, 1832. Four years enlistment re-enacted 3d March, 1849. 310 Twenty-Second Cong., Second Sess., Ch. 76, 1833. officers and soldiers in said corps, shall be as follows, viz. to each sergeant-major and quartermaster-sergeant, seven- teen dollars; to the drum-major, fife-major, the orderly ser- geants of posts, and first sergeants of guards at sea, sixteen dollars each; to all other sergeants, thirteen dollars; to each corporal, nine dollars; to each musician, eight dollars; and to each private, seven dollars. Sec. 2. [One dollar* of monthly pay to be retained.] Sec. 3.f [Bounty for re-enlistment.] Sec. 4. [Pay of re-enlisted men.] Sec. 5. That no premium to officers, for enlisting re- cruits, nor bounties to recruits for enlisting, shall be al- lowed after the passage of this act. Sec 6. That no person who has been convicted of any criminal offence, shall be enlisted into the army of the United States. Sec 7. That the seventh section of the act, entitled "An act making further provision for the army of the United States," passed on the sixteenth May, one thousand eight hundred and twelve, be, and the same is hereby, repealed, so far as it applies to any enlisted soldier, who shall be con- victed by a general court-martial of the crime of desertion. [Approved, March 2, 1833.] • Chapter 76.— Approved, March 2, 1833.— Vol. 4, p. 652. An act for the more perfect defence of the frontiers. 1. Organization of regiment of dra- goons, 2. Pay when mounted. Pay when on foot. 3. To serve on horse or foot, and subject to rules and ' articles of war, Section 1. That in lieu of the battalion of mounted rangers authorized by the act of the fifteenth of June, one thousand eight hundred and thirty-two, J there be estab- * During whole term of enlistment by 3d March, 18i9, ch. 103, sec. 8. t Sections 3 and 4 appear to be supplied by 5th July, 1838, ch. 162, sec. 29, vol. 5, p. 260. I Ch. 131, vol. 4, p. 533. Twenty-Second Cong., Second Sess., Ch. 76^ 1833. 311 lished a regiment of dragoons, to be composed and organ- ized as follows, to wit : one colonel, one lieutenant-colonel, one major, one quartermaster-sergeant, and two chief bu- glers, one adjutant, who shall be a lieutenant^ one sergeant- major, one chief musician, and ten companies; each com- pany to consist of one captain, one first lieutenant, and one second lieutenant, exclusive of the lieutenant who is to be the adjutant of the regiment; four sergeants^ one of whom shall act as quartermaster-sergeant to the company, four corporals, two buglers, one farrier, and blacksmith, and sixty privates* Sec 2. That the officers, non-commissioned ofiicers, mu- sicians, and privates, when mounted, be entitled to the same pay and emoluments as was allowed to dragoons during the war, and when on foot, the same pay and emoluments as are now allowed to the officers, non-commissioned officers, musicians, and privates, of a regiment of infantry ; and that the farrier and blacksmith be allowed the same pay and allowances, as are allowed to an artificer of artillery. Sec. 3. That the said regiment of dragoons shall be lia- ble to serve on horse, or foot, as the President may direct; shall be subject to the rules and articles of war, be recruited in the same manner^ and with the same limitations; that the officers, non-commissioned officers, musicians^ farriers, and privates^ shall be entitled to the same provisions for wounds and disabilities, the same provisions for widows and children, and the same allowances and benefits in every re- spect, as are allowed the other troops constituting the pre- sent military peace establishment. [Approved, March 2, 1833.] * Companies re-organized by Act 23d August, 1842, ch. 186, sec. 1. 312 22d&23dCon., 2d&lsTSESS., Ees.2,Ch.132,1833-'34. Resolution 2.— Approved, March 2, 1833.— Vol. 4, p. 668. Besolution in relation to the execution of the act, supplementary to the act for th& relief of certain surviving officers and soldiers of the revolution. That^ in the execution of the act, supplementary to the act* for the relief of certain surviving officers and soldiers of the revolution, approved June T, 1832, whenever it shall be made to appear, that any applicant for a pension, under said act, entered the army of the revolution in pursuance of a contract with the government made previous to the 11th day of April, 1783, and continued in service until after that period, it shall be the duty of the secretary of war to compute the period of such applicant's service from the time he then entered the army, and until the date of the definitive treaty of peace, and to allow him a pension accordingly. Chapter 132.— Approved, Jtme 30, 1634.- Vol. 4, p. 712. An Act for the better organization of the United States "Marine Corps." 1. Of what the marine corps shall consist. 2. To be subject to the laws for the government of the navy; except when on service with the army. 3. Enlistments to be for 4 years, and marines exempt from arrest for debt. 4. Bank of officers as in the army. Proviso : no officer of the marine corps shall exercise command over any navy yard or vessel of the United States. 5. Payment and emoluments. 6. Staff. 7. Existing commissions notvacated. 8. President to prescribe regula- tions. 9. Part of former acts repealed. Pro- viso: nothing herein shall affect any right already acquired by ten years^ expired service to brevet rank. 10. All acts inconsistent with this repealed. Sec. 1. That from and afler the passage of this act, the marine corps shall consist f of the following officers, non- commissioned officers, musicians and privates, viz: one *Chap. 126. "f"See, for addition during the Mexican War — 2d March, 1847, chap. 40. This section (1) supplies the 3d March, 1809, chap. 33, vol. 2, p. 544; 16th April, 1814, chap. 58, sec. 1, vol. 3, p. 124, and 3d March, 1817, chap. 65, vol. 3, p. 376. Twbnty-Thied Cong., Fiest Sess., Ch. 132, 1834. 313 colonel-commandant, one lieutenant-colonel, four majors, thirteen captains, twenty, first lieutenants, twenty, second lieutenants, one adjutant and inspector, one paymaster, one quartermaster, one assistant- quartermaster, one sergeant- major, one quartermaster-sergeant, one drum-major, one fife-major, eighty sergeants, eighty corporals, thirty drum- mers, thirty fifers, and one thousand privates. Sec. 2. That the said corps shall, at all times, be subject to, and under the laws and regulations which are, or may hereafter be, established for the better government of the navy, except when detached for service with the army by order of the President of the United States. Sec. 3. That the officers, non-commissioned officers, musi- cians and privates, shall take the oath prescribed by law, and that all enlistments shall be for the term of four years, during which period marines, so enlisted, shall be, and are hereby, exempt from all personal arrest for debt or contract. Sec. 4. That the officers of the marine corps shall be, in relation to rank, on the same, footing as officers of similar grades in the army: Provided, That no officer of the marine corps shall exercise command over any navy yard or vessel of the United States. Sec. 5.* That the officers of the marine corps shall be entitled" to, and receive the same pay, emoluments and al- lowances, as are now, or may hereafter be, allowed f to offi- cers of similar grades in the infantry of the army, except the adjutant and inspector, who shall be entitled to the same pay, X emoluments and allowances, as are received by the paymaster of said corps ; and the non-commissioned officers, musicians and privates, shall be entitled to the same pay, rations, clothing and allowances, § as they now receive. *• See note to Resolution 3 of 25 May, 1832, as to its repeal by this see. (5). f Query. Does this supply the 2d section of the ICth April, 1814, chap. 58, giving $30 extra to the staff? J See for pay, 2d March, 1833, chap. 68, sec. 1, but not the 2d March, 1827. JAs "fixed by the President," by the 11th July, 1798, chap. 72, sec. 2, and Resolution 3, May 25, 1832. The pay is regulated by 2d March, 1833, chap. 68. 314 Twenty-Third Cong., Fiest Sess., Ch. 132, 1834. Sec. 6. That the staff* of said corps shall be taken from the captains or subalterns of the corps. Sec. 7. That the commissions of the officers now in the marine corps shall not be vacated by this act, and that the President of the United States may during the recess of the Senate, first by promotions according to rank and then by selections, appoint the officers hereby authorized, which appointments shall be submitted to the Senate, at their next session, for their advice and consent. Sec. 8. That the President be, and he is hereby authorized to prescribe such military regulations for the discipline of the marine corps, as he may, in his judgment, deem ex- pedient. Sec. 9. That so much of the fourth section of an act, passed the 6th day of July, in the year one thousand eight hundred and twelve, entitled "An act making further pro- vision for the army of the United States, and for other pur- poses," f or of any other act as authorizes the President to confer brevet rank on such officers of the army or of the marine corps, as shall have served ten years in any one grade, shall be, and the same hereby is repealed; and so much of the second section of an act passed the sixteenth of April, one thousand eight hundred and eighteen, en- titled "An act regulating the pay and emoluments of bre- vet:!: officers," as may be applicable to the clause herein above repealed, shall be, and the same hereby is also re- pealed : Provided^ Nothing herein shall affect any right al- ready acquired by ten years' expired service to brevet rank. Sec, 10. That all acts or parts of acts inconsistent with the provisions of this act be, and the same are hereby re- pealed. \_Approved, June 30, 1834. J *To be separated from the line of said corps, and pay of, 2d March, 1847. t Chapter 137. X Chapter 64. Twenty-Third Cong., First Sess., Ch. 133, 1834. 815 Chapthr 133.— Approved, June 30, 1834.— Vol. 4, p. 714. An Act to increase and regulate the pay of the Surgeons and Assistant Sur- geons of the army. 1. Appointment of surgeons and as- sistants. 2. Pay and emoluments. 3. Increase of rations after ten years' service. Sec. 1. That from and after the passing of this act, no person shall receive the appointment of assistant surgeon in the army of the United States, unless he shall have been examined and approved by an army medical board, to con- sist of not less than three surgeons or assistant surgeons, who shall be designated for that purpose by the Secretary of War; and no person shall receive the appointment of surgeon in the army of the United States, unless he shall have served at least five years as an assistant surgeon, and unless, also, he shall have been examined by an army medi- cal board constituted as aforesaid. Sec. 2. That the surgeons in the army of the United States shall be entitled to receive the pay and emoluments of a major; and the assistant surgeons, who shall have served five years, shall be entitled to receive the pay and emoluments of a captain ; and those who shall have served less than five years, the pay and emoluments of a first lieu- tenant ; and that said assistant surgeons shall be entitled to receive the same allowance for forage as they are at present entitled to. Sec. 3. That every surgeon and assistant surgeon, who shall have served faithfully ten years in these grades, re- spectively, shall be entitled to receive an increase of rations, per day, equal to the number of rations to which he may be entitled under this act. 316 Twentt-Thied Cong., 1st Sess., Ch. 134 & 142, 1834. Chapter 134.— Approved, June 30, 1834.— Vol. 4, p. 714. An Act* concerning Naval Pensions and the Naval Pension Fund. That all the provisions and benefits of the act of the 28th June, 1832, entitled "An act further to extend the pension heretofore granted to the widows of persons killed or who died in the naval service," be continued for another term of five years to all those widows who have heretofore had the benefit of the same, and the game are hereby also extended to the widows of officers, seamen and marines, who have died in the naval service since the first day of January, 1824, or who may die in said service, by reason of disease contracted, or of casualties by drowning or otherwise, or of injuries received while in the line of their duty, and the pensions of such widows shall commence from the passage of this act : Provided, That every pension hereby granted shall cease on the death or marriage of such widow. Chapter 142.— Approved, June 30, 1834.— Vol. 4, p. 718. An Act making certain Allowances, and granting certain Arrearages to the Captains and Subalterns of the United States corps of Marines. That from and after the passage of this act, the Secretary of the Navy be, and he is hereby, authorized to extend the benefits of the act of March, one thousand eight hundred and twenty-seven, entitled "An act giving certain compen- sation to the captains and subalterns of the army of the United States in certain cases," to the captains and subal- terns of the corps of United States marines under similar cases. *This act is more extended than that of 28th June, 1832. Twenty-Third Cong., 1st Sess., Ch. 153 & 161, 1834. 317 Chapter 153.— Approved, June 30, 1834.— Vol. 4, p. 726. An Act to provide for the Payment of Claims, for Property lost, captured or destroyed by the enemy, while in the military service of the United States, during the late war with the Indians on the frontiers of Illinois and Michi- gan Territory.* Sec. 1. Officers and others to be paid the value of property lost. Provisoes : Sec. 2. Volunteers or draughted militiamen to be allowed for arms, &c. lost. Sec. 3. Parents or guardians to receive compensation on ac- count of deceased minors. Sec. 4. Third Auditor to adjudicate the claims. Proviso : Sec. 5. Amount allowed to be paid if not exceeding $200. Chapter 161.— Approved,' June 30, 1834.— Vol. 4, p. 729. An Act to regulate Trade and Intercourse with the Indian Tribes, and to pre- serve peace on the frontiers. 20. Penalty for disposing of spiritu- ous liquors to Indians. Search may be made for such liquors, Ac. 21. Penalty for setting up a distil- lery. Oextract.J Sec. 20. That if any person f shall sell, exchange, or give, barter, or dispose of, any spirituous liquor or wine to an Indian, (in the Indian ^ country,) such person shall forfeit and pay the sum of five hundred dollars^ and if any per- son shall introduce, or attempt to introduce, any spirituous liquor or wine into the Indian country, except such supplies as shall be necessary for the officers of the United States * Repealed by act of January 18, 1837. f Except Indians who have been punished by th* law of the tribe. See 27th March, 18S4, chap. 26, see. 3. J Unless the exclusive jurisdiction thereof has been secured to the tribe by treaty, 27th March, 1854, chap. 26, sec. 3. 318 Twenty-Third Cong., Fiest Sess., Oh. 161, 1834. and troops of the service, under tlie direction of tlie war department, sucli person shall forfeit and pay * a snm not exceeding three hundred dollars ; and if any superintendent of Indian affairs, Indian agent, or suh-agent, or command- ing officer of a military post, has reason to suspect, or is informed, that any white person or Indian is about to intro- duce, or has introduced, any spirituous liquor or wine into the Indian" country, in violation of the provisions of this section, it shall be lawful for such superintendent, Indian agent, or sub-agent, or military of&cer, agreeably to such regulations as may be established by the President of the United States, to cause the boats, stores, packages, and places of deposite of such person to be searched, and if any such spirituous liquor or wine is found, the goods, boats, pack- ages, and peltries of such persons shall be seized and de- livered to the proper of&cer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the use of the informer, and the other half to the use of the United States; and if such person is a trader, his license shall be revoked and his bond put in suit. And it shall moreover be lawful for any person in the service of the United States, or for any Indian, to take and destroy any ardent spirits or wine found in the Indian country, except- ing military supplies as mentioned in this section. Sec. 21. That if any person whatever shall, within the limits of the Indian country, set up or continue any distil- lery for manufacturing ardent spirits, he shall forfeit and pay a penalty of one thousand dollars ; and it shall be the duty of the superintendent of Indian affairs, Indian agent, or sub-agent, within the limits of whose agency the same shall be set up or continued, forthwith to destroy and break up the same ; and it shall be lawful to employ the military force of the United States in executing that duty. [^Approved, June 30, 1834.] *And be imprisoned 1 or 2 years, by act 3d March, 1847, chap. 65, sec. 2. 23d Con., 1st & 2dSess., Ch.162, 49 & Ees.2, 1834:-'35. 319 Chapter 162".— Approved, June 30, 1834.— Yol. 4, p. 735. An Act to provide for the organization of the Department on Indian Affairs. [exteact. J Sec. 4. * * * * * And it shall be competent for the Presiderit to require any military officer of the United States to execute the duties of Indian agent. Chapter 49.— Approved, March 3, 1835.— Vol. 4, p. 780. An Act to render permanent the present mode of supplying the army of the United States, and fixing the salary of certain clerks therein named. That the seventh, eighth, ninth and tenth sections of the act entitled "An act regulating the staff of the army," passed April fourteenth, eighteen hundred and eighteen, be and the same are hereby continued in force until repealed by Congress. Eesoldtiox 2.— Approved, Feb. 13, 1835.— Vol. 4, p. 792. Resolution presenting a gold medal to George Croghan, and a sword to each of the officers under his command, for their gallantry and good conduct, in the defence of Fort Stephenson, in eighteen hundred and thirteen. [Gold medal to be presented to Col, Croghan. Swords to be presented to other officers. ] 320 TwENTY-FouETH CoNG., FiRST Sess., Ch. 44, 1836. Chapter 44. — Approved, March 19, 1836. — Vol. 5, p. 7. An Act"- to proyide for the Payment of Volunteers and Militia Corps, in the service of the United States. 1. Volunteers and militia paid, &c. as the infantry. 2. Allowances to officers of mounted men. 3. For traveling to rendezvous. 4. Wounded or disabled in Florida. 5. Widows, Ac. of those dying in ser- vice. Rules of proof. 6. What volunteers and militia are included in these provisions. Sec. 1. That the officers, non-commissioned officers, musi- cians, artificers and privates, of volunteer and militia corps, who have been in the service of the United States, at any time since the first day of November, in the year of our Lord one thousand eight hundred and thirty -five, or may hereafter be in the service f of the United States, shall be entitled to and receive the same monthly pay, rations, cloth- ing or money in lieu thereof, and forage, and be furnished with the same camp equipage, including knapsacks, as are, or may be provided by law for the officers, musicians, arti- ficers and privates, of the infantry of the army of the United States. Sec. 2. That the officers of all mounted companies who have been in, or may hereafter be in, the service of the United States, shall each be entitled to receive forage, or money in lieu thereof, for two horses, when they actually keep private servants, and for one horse when without pri- vate servants, and that forty cents per day be allowed for the use and risk of each horse, except horses killed in battle or dying of wounds received in battle. That each non-com- missioned officer, musician, artificer and private, of all mounted companies, shall be entitled to receive forage in kind for one horse, with forty cents per day for the use and risk thereof, except horses killed in battle, or dying of wounds received in battle, and twenty-five cents per day in lieu of forage and subsistence, when the same shall be fur- *This act supplies the 22d Jan. 1795, chap. 9, vol. 1, p. 408. f See for expenses of, when marching to rendezvous, the 20th April, 1818, chap. 84. Twenty-Fourth Cong., First Sess., Ch. 44, 1836. 321 nished by himself, or twelve and a half cents per day for either as the case may be. Sec. 3. That the officers, non-commissioned officers, musi- cians, artificers and privates, shall be entitled to one day's pay, subsistence, and other allowances, for every twenty miles' travel from their places of residence to the place of general rendezvous, and from the place of discharge back to their residence. Sec. 4. That the volunteers or militia, who haVe been or who may be received into the service of the United States, to suppress Indian depredations in Florida, shall be entitled to all the benefits which are conferred on persons wounded or otherwise disabled in the service of the United States. Sec. 5. That when any officer, non-commissioned officer, artificer, or private, of said militia or volunteer corps, who shall die in the service of the United States, or returning to his place of residence after being mustered out of service or at any time in consequence of wounds received in ser- vice, and shall leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled, at the time of his death, for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go to the child or children of said decedent: Provided always^ That the Secretary of "War shall adopt such forms of Qjridence, in applications under this act, as the President of the United States may prescribe. Sec. 6. That the volunteers and militia mentioned in the foregoing- provisions of this act, called into service before its passage, and who are directed to be paid, shall embrace those only ordered into service by the commanding general or governors of states and of the territory of Florida under authority from the war department for repressing the hos- tilities of the Florida Indians. lApproved, March 19, 1836. J 21 322 TwENTT-FouETH CoNG., IsT Sess., Ch. 59 & 60, 1836. Chapter 59.— Approved, May 9, 1836.— Yol. 5, p. 17. An Act making appropriations for the Civil and Diplomatic Expense? of Got- ernment for the year one thousand eight hundred and thirty-six. Sec. 2. That it shall be the duties of the secretaries of state, of the treasury, of the war and navy departments, and of ,the postmaster general, and the secretary of the senate, and clerk of the house of representatives, to lay be- fore congress, in lieu of the statement now required by law, during the first week in each annual session of congress, a statement of the expenditures made by them respectively from the contingent funds of their respective departments and ofBces ; that of the secretary of state to include all the contingent expenses of foreign intercourse, and of all the missions abroad except such expenditures as are settled upon the certificate of the President ; said statements to be abstracts of the accounts with the names of all persons to whom payments have been made and the amount paid to each. Chaptee 60.— Approved, May 9, 1836.— Vol. 5, p. 26. An Act providing for the Salaries of certain Officers therein named, and for other purposes. That the authority* claimed under the acts approved March twenty-eighth, eighteen hundred and twelve, and May twenty-second, eighteen hundred and twelve, or by any other- act for the employment of non-commissioned offi- cers, or the appointment of extra clerks in any of the of&ces of the war department be, and the same are hereby re- pealed. Provided however, That where express appropria- tions are made by law, for the employment of clerks, such employment shall not be deemed to be extra, within the meaning of the above act. * There do not appear to be any such provisions. Twenty-Fourth Cong., 1st Sess., Oh. 77 & 80, 1836. 323 Chapter 77.— Approved, May 20, 1836.— Vol. 5, p. 31. An Act explanatory of the act entitled "An act to prevent Defalcations on the part of the Disbursing Agents of the Government, and for other purposes." That, the act entitled "An act* to prevent defalcations on the part of the disbursing agents of the Government, and for other purposes," approved the twenty -fifth of Janu- ary, eighteen hundred and twenty-eight, shall not be con- strued to authorize the pension of any pensioner of the United States to be withheld. Chapter 80.— Approved, May 23, 1836.— Vol. 5, p. 32. An Act authorizing the President of the United States to accept the service of Volunteers; and to raise an additional regiment of Dragoons or Mounted Riflemen. Sec. 1. President may accept the services of 10,000 Tolunteers, to serve 6 or 12 months, unless sooner discharged. Sec. 2. To do military duty only in Indian hostilities or to repel invasions, and to be on the same footing with similar troops of the United States army. Sec. 3. To be received in companies, battalions, &c., to be commanded by their own commissioned officers. Sec. 4. To be organized by the President into battalions, &e. Sec. 5. To be entitled to benefits of wounds like other troops. Sec 6. A regiment of dragoons to be organized, to be com- posed like those now in service, f Sec. T. President may disband this regiment when no longer necessary. Sec. 8. This act as far as relates to volunteers to be in force for two years only. »Chap. 2, ■j-By the 2d March, 1833, chap. 76, vol. 4, p. 652. 324 Twenty-Fourth Cong., Fiest Sess., Ch. 356, 1836. Chapter 356.— Approred, July 4, 1836.— Yol. 5, p. 117. An Act to authorize the appointment of additional Paymasters, and for other purposes. 3. The President, when necessary, may assign the duties of » paymaster to any officer of the army. Proviso : the number of officers so assigned shali not exceed one for every two rtgiments of militia or volunteers. Proviso: the whole emoluments of said officers, &c. ^hall not exceed the pay, &c. i. The President may appoint three additional surgeons and five assistant surgeons. 5. In absence of the quartermaster- generaj, Ac, the President may em- power others to perform the duties. Proviso; no additional compensation allowed therefor. [Sec. 1. The President may appoint three additional paymas- ters, to be confirmed by the senate. Sec. 2. To perform the same duties and be subject to the same rules as other paymasters.*] Sec. 3. That wlieti volunteers or militia are called into service of the IJnited States, so that the paymasters author- ized by law shall not be deemed suificient to enable them to pay the troops with proper punctuality, it shall be lawful for the President to assign to any officer of the army the duty of paymaster, who, while so assigned, shall perform the same duty, give the same bond, be subject to the same liability and receive the same emoluments as are now pro- vided for paymasters of the army : Provided however, That the number of officers so assigned shall not exceed one for every two regiments of militia or volunteers: And provided also, That the whole emoluments of the said officers, in- cluding their pay and allowances in the line, shall not ex- ceed the pay and emoluments of a paymaster.f ^ Sec. 4. That the President of the United States be and he hereby is authorized and empowered to appoint three additional surgeons and five assistant surgeons, to be at- tached to the medical staff of the army. Sec. 5. That during the absence of the quartermaster- general, 'or the chief of any other military bureau of the war department, the President be authorized to empower * See 12th April, 1808, chap. 43. fSee 12th April, 1808, chap. 43. TwENTY-FouETH CoNG., FiRST Sess., Oh. 362, 1836. 325 some officer of the department or corps -vvliose chief is ab- sent to take charge thereof and to perform the duties of quartermaster-general or chief of the department or corps, as the case may be, during such absence : Provided, That no additional compensation be allowed therefor. {^Approved, July 4, 1836.] Chapter 862.— Approved, July 4, 1836.— Vol. 5, p. 127. 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 certain cases, and for other purposes. 1. Five' years' half pay to widows or orph^ans of militia who have died, &o. in service since 20th April, 1 818. Half pay of infantry. Not over a. lieut- colonel. 2. Act of rth June, 1832, chap. 126, extended to widows or children. 3. And to widows, under the 7th June, 1832, chap. 126. 4. Transfers void. Oath of agent. 5. Forms by secretary of war. Sec. 1. That when any officer, non-commissioned officer, musician or* private of the militia, including rangers, sea fencibles, and volunteers, shall have died while in the ser- vice of the United States, since the twentieth of April, eighteen hundred and eighteen, or who shall have died in consequence of- a wound received whilst in the service, since the day aforesaid,t 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 or receiving such wound, for and during the term of five % years ; and * Extended to widows and orphans of soldiers on, or since the 1 March, 1846, or during the war with Mexico, by the 21 July, 1848, chap. 108, sec. 1, and to those who died of wounds since 1 April, 1846, or in the war with Mexico, see. 2 same act; or who have remained in the service until their death, or have died since their return home, Feb. 22, 1849, chap. 62. And see the 3 Feb. 1852, chap. 41, for further extensions and provisions. f And since the passage of this act, by res. No. 7. J Five years more by the 3 Feb. 1853, see. 1, chap. 41. 326 Twenty-Fourth Cong., First Sess., Ch. 362, 1836. in case of the death' or marriage of such widow before the expiration of said five years, the half pay for the remainder of the time shall go to the said decedent : Provided, That the half pay aforesaid shall be half the monthly pay of the ofiEicers, non-commissioned officers, musicians and privates of the infantry of the regular army, and no more : Provided also, That no greater sum shall be allowed to the widow or to the child or children of any officer, than the half pay of a lieutenant colonel. Sec. 2. That if any officer, non-commissioned officer, musician, soldier, Indian spy, mariner or marine, whose ser-~ vice during the revolutionary war was such as is specified in the act passed the seventh day of June, eighteen hundred and thirty -two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died since the fourth day of March, eighteen hundred and thirty-one, and before the date of said act, the amount of pension which would have accrued from the fourth day of March, eighteen hundred and thirty-one, to the time of his death, and become payable to him by virtue of that act, if he had survived the passage thereof, shall be paid to his widow; and if he left no widow, to his children, in the manner prescribed in the act hereby amended. Sec. 3. That if any person who served in the war of the revolution, in the manner specified in the' act passed the seventh day of June, eighteen hundred and thirty-two, en- titled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died, leaving a widow whose marriage took place be- fore* the expiration of the last period of his service, such widow shall be entitled to receive, during the time she may remain unmarried, f the annuity or pension which might ®0r since, by the 7 iuly, 1838, res. No. 7. And of those in service till 3 No- vember, 1793, by the 3 March, 1837, chap. 42. ■f" Pension not to be "withheld on account of subsequent marriage, 3 March) 1S37, chap. 42, and the 23d August, 1842, chap. 191. TWENTY-FOUETH CONG., SECOND Sess,, Ch. 5, 1837. 327 liave been allowed to lier husband, by virtue of the act aforesaid, if living at the time it was passed. Sec. 4. That any pledge, mortgage, sale, assignment, or "transfer of any right, claim, or interest in any money or half pay granted by this act, shall be utterly void and of sao effect; each person acting for and in behalf of any one entitled to money under this act, shall take and subscribe an oath, to be administered by the proper accounting ofi&cer a,nd retained by him and put on file, before a warrant shall be delivered to him, that he has no interest in said money by any pledge, mortgage, sale, assignment or transfer, and that he does not know or believe that the same has been so •disposed of to any person whatever. Sec. 5. That the secretary of war shall adopt such forms of evidence, in applications under this act, as the President of the United States shall prescribe. l^Approved, July 4, 1836. J Chapter 5. — Approved, January 18, 1837. — Yol. 5, p. 142. An Act to provide Payment for Horses and other property lost or destroyed in the Military Seryiee of the United States. * Sec. L Officers and others to be paid the value of their horses. Proviso. Sec 2. Tolunteers or draughted militiamen to be allowed for arms, &c. lost. Sec. 3, Payment for horses, mules, wagons, &c. Sec. 4 Claims to be adjusted by third auditor, under rules pre- scribed by secretary of war, &c. Rules, &c. to be published. Sec 5. Entry of all adjudications to be made,; claimants to be paid on producing certified copies thereof Sec 6. Payment for losses bj minors to be made to parents or guardians. Sec. 7. Persons other than minors to be paid for property risked toy them which has been lost. Sec. 8. Acts of 19th Feb. 1833, and 30th June, 1834, repealed. .Sec 9. Act to expire with next session of congress. ^' Expired by limitation. See sec. 9. 328 TwENTY-FouETH CoNG., 2d Sess., Oh. 38 & 42, 1837. Chapter 38.— Approved, March 3, 1837.— Vol. 5, p. 180. An Act* to provide for the more equitable administration of tlie N"avy Pension Fund. Sec. 1. Half pay to widows, &c. of officers, seamen and ma- rines to commence from death of such officers, &c, To cease on marriage, and child being twenty-one. Sec. 2. Pensions for wounds, &c. from time of being disabled. Sec. 3. Inconsistent acts repealed. Chapter 42.— Approved, March 3, 1837.— Vol. 5, p. 187- An Act explanatory of the act entitled "An act granting Half Pay to Widows and Orphans where their husbands and fathers have died of wounds re- ceived in the military service of the United States, and for other purposes." 1. The act of 1836, chap. 362, not to be withheld from widows having mar- ried, &c. If a widow at that time. 2. Widows of those in service to 3d Nov., 1783, and before, entitled. Sec. 1. That the benefits of the third section of the^ act entitled " An act granting half pay to widows and orphans, where their husbands and fathers have died of wounds re- ceived in the military service of the United States, and for other- purposes," approved the fourth day of July, eighteen hundred and thirty-six, shall not be withheld from any widow, in consequence of her having married after the de- cease of the husband for whose services she? may claim to be allowed a pension or annuity under said' act : Provided^ That she was a widow at the time it was passed. . Sec. 2. That the widow of any person who continued in the service of the United States until the third day of No- vember, seventeen hundred and eighty -three, and was mar- ried before that day, and while her husband was in such servicBj shall be entitled to the benefits of the third section of the aforesaid act. -Repealed by 23 August, 1842, ehap. 189, sec. 2, and see Aug. 16, 1841, ch, 8, 25th Con. 1st Sess., Gh. 5 & 2d Sess., Oh. 162, '37-38. 329 Chapter 5.— Approved, Oct. 14, 1837.— Yol. 5, p. 204. An Act to amend an act entitled "An act to provide Payment for Horses and other Property lost in the Military Service of the United States." * That any person who has turned over to the service of tbe United States his horse, saddle, bridle, or equipments, by the order of the commanding general, or other com- manding of&cer, shall be paid the value thereof: That the claims provided for under this act shall be adjusted by the third auditor, under such riiles as shall be prescribed by the secretary of war, with the assent of the President. This act, and the act to which this is an amfendment,t shall ex- tend to mules as well as to horses. Decisions under this act shall be recorded as they are required to be recorded by the act aforesaid, and payment shall be made as is required by that act. This act shall extend to cases where any per- son mentioned in the act to which this is an amendment shall have died in the service, and his horse, saddle, bridle, or equipments, shall have been turned over to an officer, or other person for the benefit of the United States, by order of the officer commanding, and not restoired to the repre- sentative of the deceased, or paid for by the United States. Chapter 162.— Approved, July 5, 1838.— Vol. 5, p. 256. An Act to Increase the present Military Establishment of the United States, and for other purposes. 1. One company to each regiment of artillery, Ac. Companies of. A regi- ment of infantry. 2. The President to increase corps of engineers. Pay of. 3. The 29 of April, 1812, in part re- pealed. Paymaster to pay depart- ment, &c. 4. Increase of topographical engi- neers 5. Vacancies, how filled. Pay and emoluments. 6. Employment of civil engineers^ repealed. 7. As many assistant adjutant gene- rals as necessary, to act as inspectors. «S6eaotof 27 Feb. 1841. tJanuary 18, 1837. 330 Twenty-Fifth Cong., Second Sess., Ch. 162, 1838. 8. Pay of officers taken from the line to staff. Rank and promotion. 9. Increase of quartermaster's de- partment. Bank. Pay and emolu- ments. To relinquish rankj &c, 10. Quartermaster-general to employ forage and wagon-masters. 11. Increase of the commissariat. 12. Pay of stewards of hospitals. 13. Increase of the ordnance depart- ment. Pay and emoluments of. 14. Construction of 4th sec, act 5th April, 1832. Extra pay. If command- ing a company. 15. Additional ration for every five years' service. 16. Duration of enlistments. Pay of non-commissioned officers and sol- diers. Pay retained. 17. Sugar and coffee in 1 jeu of spirits. IS. Of persons to act as chaplains. Pay, &e. 19. Professor of chemistry, Ac. As- sistant to. 20. Citizens, paymaster's clerks. 21. Letters, &a. on public business to be free. 22. Eegiments of riflemen and light infantry. 23. Acts inconsistent repealed. 24. Pay of the pay and medical de- partments. 25. Additional paymasters when mi- litia in service. Their duties, &c. One for two regiments; retained only while paying. 26. Pay of ordnance storeteepers acting as paymasters. 27. Engineers, when to disburse. — Compensation for. Proviso: the whole amount of'emoluments shall not ex- ceed 1 per cent, on the sum disbursed. 28. Time of cadets extended. 29. Re-enlistment, extra pay for, in lieu of bounty. And 160 acres for ten years' service. 30. The 16 March, 1802, and 12 April, 1808,fixing the height of men, repealed. 31. No separation from regiments for , civil works, &c. 33. Seven surgeons more. Pay, &e. Sec. 1. That there shall be added to each of the four regiments* of artillery, one company, to be organized in the same manner as authorized by existing f laws, with the exceptions hereafter mentioned ; that there he added to every company of artillery sixteen privates, and to every company of infantry one sergeant and thirty-eight privates, and that the number of second lieutenants of a company of artillery be reduced to one, and that this reduction be so made in con- nection -with the appointment of officers to the four addi- tional companies authorized as aforesaid, and the transfer to the ordnance department hereafter directed, that all the present second lieutenants shall be retained in service; and there shall be raised and organized under the direction of the President of the United States, one regiment of infantry, •■*But see the 23 Aug. 1842, chap. 186, sec. 1, fixing the number of non-com- jnissioned officers and men of artillery and infantry companies. t Organized by the 16 Mar. 1802, chap. 9, sec. 26, and increased, Ac, by the 29 April, 1812, chap. 72, Twenty-Fifth Cong., Second Sess., Ch. 162, 1838. 331 to be composed of the same number and rank of officers, non-commissioned officers, musicians, and privates, com- posing the regiments of infantry now in the service* of the United States, who shall receive the same pay and allow- dnces, and be subject to the same rules and regulations which now apply to other regiments of infantry, as provided for in this act. Sec. 2. That the President of the United States be and he is hereby, authorized to add to the corps f of engineers, . whenever he may deem it expedient to increase the same, one lieutenant colonel, two majors, six captains, six first and six second lieutenants ; and that the pay and emolu- ments of the said corps shall be the same as those allowed :[: to the officers of the regiment of dragoons. Sec. 3. That so much of the act § passed the twenty -ninth day of April, one thousand eight hundred and twelve, en- titled "An act making further provision for the corps of engineers," as provides that one paymaster shall be taken from th« subalterns of the corps of engineers, be and the same is hereby repealed; and that the paymaster so au- thorized and provided be attached to the pay department, and be in every respect, placed on the footing of other pay- masters of the army. Sec. 4. That the corps of topographical engineers shall be organized and increased by regular promotions in the same, so that the said corps shall consist of one colonel, one lieutenant colonel, four majors, ten captains, ten first lieu- tenants, and ten second lieutenants. Sec. 5. That vacancies created by said organization, over and above those which can be filled by the present corps, shall be taken from the army, and from such as it may be deemed advisable of the civil engineers employed under the act of the thirtieth of April, eighteen hundred and twenty- four ; that the pay and emoluments to the officers of said * Organized by the 2 March, 1821, chap. 13, sec. 2. flbid. + By the 12 April, 1808, chap, 43, sec. 4. JChap. 72, sec. 1. 332 Twenty-Fifth Cong., Second Sess., Ch. 162, 1838. corps shall be the same as are allowed* to officers of similar rank in the regiments of dragoons. Sec. 6. That the authority to employ civil engineers, in the actf of the thirtieth of April, eighteen hundred and twenty-four, be and the same is hereby repealed after the passage of this act. • Sec. 7. That the President of the United States shall be and he is hereby, authorized to appoint so many assistant adjutants general, not exceeding:]: two, with the brevet rank, pay, and emoluments of a major, and not exceeding four, with the brevet rank, pay and emoluments of a captain § of cavalry, as he may deem necessary ; and that they shall be taken from the line of the army, and in addition to their own, perform the duties of assistant inspectors general when the circumstances of the service may require. Sec. 8. That the officers to be taken from the line and transferred to the staff, under the last preceding section, shall receive only the pay and emoluments attached to their rank in the staff; but their transfer shall be without preju- dice to their rank and promotion in the line, according to their said rank and seniority ; which promotion shall take place according to usage, in the same manner as if they had not been thus transferred. Sec. 9. That the President of the United States be and he is hereby authorized, by and with the advice and con- sent of the senate, to add to the quartermaster's department not exceeding two assistant quartermasters general with the rank of colonel, two deputy quartermasters general, with the rank of lieutenant colonel, and eight assistant quarter- masters with the rank of captain ; that the assistant quar- termasters now in service shall have the same rank as is provided by this act for those hereby authorized ; and that the pay and emoluments of the officers of the quartermas- »By the 12 April, 1808, chap. 43, sec. 4. t Chap. 46. };Four more authorized by the 18 June, 1846, chap. 29, sec. 6, and three more by the 3 Mar. 1847, chap. 61, sec. 2. I See note f. / Twenty-Fifth Cong., Second Sess., Ch. 162, 1838. 333 ter's department, shall be tlie same as are allowed* to officers of similar rank in the regiments of dragoons: Provided^ That all appointments in the quartermaster's departments shall be made from the army, and when officers taken for such appointments hold rank in the line, they shall thereupon relinquish-^ said rank, per month 447 appropriations for buildings, library, Ac 192 professors, instructors, &c, duties and pay, 344, 419, 435, 443 of chemistry, mineralogy, and geology, assistant appointed 336 act confining selection of commander of corps of engineers to that corps, repealed 192 board of visitors to, how selected, their compensation. ..366 certain professors at, to receive money in lieu of ra- tions, &c 406 pay of master of the sword increased 424, 443 pay of professor of French and Spanish 436 professor of Spanish at, authorized, and pay 443 regulation for appointment of cadets to 362 officers to have forage or commutation only for horses actually mustered 356 Accounts, rendition of 210, 288 prompt settlement of 251, 252, 253 264 penalty for failure to render 288 of public officers who received money in Mexico, settlement of ..400 construction of act concerning 420 Additional pay to relatives of those lost in Albany and Porpoise 439 29 450 Index. Advising desertion, penalty for 62, 139 Administration of justice ^8 Advances of public money prohibited 288 Adjutant-Generals, appointment of, authorized 285, 37i deputy, President may appoint 202 act of 1818, pay of brevet officers, to include 343 additional rations allowed to 377 department, organization of. 211, 332 assistants to, pa!y of. 97 as many as may be necessary may be appointed 332 not exceeding four to be appointed, to be retained as long as exigencies may require 364 one with rank of colonel and two with same of captain of cavalry, to be dis- charged at end of Mexican war 374 same repealed 384 in each state, duties of 68, 108 Age and height of recruits 61 Agent of the treasury to be designated and to attend to suits against de- linquents 277 military and assistants authorized 100 pay of. 101 duty of 105 abolished 186 public appointment of and duty, and to give bonds 174 disbursing, defalcation 296, 323 Aids-de-camp 62, 83, 96, 209, 285, 445 from what gra'de taken 62, 95, 285 senior, of major-general, from what taken, pay, &c 406 pay and allowances of.. 62 Alarms, false 54, 145 Albany, sloop-of-war, act for relief of persons lost in 439 Amendments to the constitution United States 48 Ammunition, waste and sale of 54, 143 Apothecary, general and assistants, authorized 92 appointment of, limited to 4 years, and to give bonds..276 Appropriation, transfers of, limited and restrained 256, 274, 420 Appointment of officers in ten regiments 368 Arsenals, useless to be abolished 423 Arming and equipping militia 89, 169, 249, 429 Armory on western waters, site for 290 in Washington city 430 appropriation for 430 Armorer to each regiment and battalion 269 master, pay of 444 Armories, national, established 73, 87 number of workmen at, unlimited 169 placed under ordnance department 233 expenses and operations of, to be reported annually.. 73, 87 Index. 451 Armories, superintendents of, authorized ^3 civil substituted formilitary i27 compensation 73, 98, 250, 338 abolished 347 duties of, performed by ordnance department ...347 ■pay of master armorers, inspectors, clerks, &c. at, limited 347 Arms, casting away 54, 145 for militia of United States 89, 169, 249, 429 public sale of 163 lost in service against Indians in Illinois and Michigan to be paid for 308 distribution of, among the states and territories 169, 249 to the District of Columbia 290 among the states and territories to be according to representation 429 providing by contract, secretary of war to report on 423 accoutrements, Ac, selling, losing or spoiling by neglect.;." 54, 143 not liable to distress 66 captains of companies or troops accountable for 64, 143 commanding officers to report damages to 232 cost of repairs to be charged to oiBcer or sol- dier by whom damaged 232 President authorized to purchase 87 loan of to militia and volunteers 88, 89 inspection and sale of unserviceable, authorized 292 Arms and ammunition to be furnished to California emigrants 404 Army officers not to be separated from their corps 338 regulations for transporting supplies, &c. to be prepared 210 for staff, to be prepared 212 provisional. President authorized to raise 67 Arrears of pay not to exceed two mouths 75, 103, 178, 205 payments to persons in, prohibited 296 Arrest of officers 55, 58, 151 breach of 65, 68, 151 and confinement, limitation of 65, 58, 151 of soldiers for debt, prohibited 83, 88, 90, 95, 180, 203 of superior by junior, authorized, to quell frays 53, 140 Arsenals, establishment of, authorized 72, 169, 294, 295 additional numbers of, to be established 169 on the western waters, appropriation for 128 and magazines, regulation of 98 and armories, employees in exempt from militia and jury service 99 storekeepers at, pay and number limited, and to give security 348 number increased 444 paymasters at, pay of, and to give security 348 number increased 444 Articles of war, {sm Mules and Articles of War) 61 Artificers, corps of, authorized 189 Artillery officers, gunners, Ac. subject to military law 55, 16,5 courts-martial, organization of 55 4:52 Index. Artillery, organization of a battalion of 63 regiment of. 94, 100, 163, 177, 283 conductors of, authorized 186, 220, 269 officers of to perform ordnance duties 284 inspectors of, authorized 91 regiments of, formed into a corps 220 rank and file of, increased, and when to be reduced 359 light, four companies of, authorized 377 each regiment of, to have two principal musicians 377 pay same as same in infantry 377 officers and men of, to have same pay as dragoons 377 Artillerists and engineers, corps of, established 74 to be completed 80, 83 additional regiments authorized 86 Assignment of pay declared invalid VI Asylums, military, for invalids of army 413 appropriation for western 424 Attorneys, duties of, in regard to suits 282 Auditors, additional number of, authorized 252 duties of, in settling accounts 252, 317 empowered to administer oaths 254 franking privilege allowed to, and salary of 255 Bailey, major David, bounty land to his battalion 447 Battalion of artillery, organization of 61 infantry " " 63 riflemen " " 95 regiments of artillery to be organized into 220 of mounted rangers to be raised 306 Barrack masters, appointment of, authorized 195, 212 discontinued 259 Behavior, scandalous and infamous, punishment for 69 Blue Lick Springs, examination for an asylum 421 Board of army officers to settle claims for supplies 420 same repealed 423 Bombardiers, company of, authorized 190 abolished 284 Bonds of disbursing agents, President to regulate 277 Bounty lands, allowance of. 176, 204, 229, 338, 417, 433 survey and granting of 192, 241 act of September 28, 1850, extended 418 relinquishment of, for pensions 241, 257 transfers of, before patented, prohibited 241, 338 for ten years' service, abolished 342 application for, what shall be evidence 393 or scrip to ten regiments 369 act forbidding issue of, to members of 31st congress, repealed, 426 additional, to all who served 14 days or were in a battle 433 Index. 453 Bounty lands, additional, to all who served at Plattsburg, King's Moun- tain, Nickojock, and Lewiatown 43i to ofi5cers and soldiers of revolutionary war, or their widows or minor children 434 to officers and soldiers of revolutionary war in naval ser- vice, or their widows or minor children 436 an act to amend an act concerning 436 to volunteers who served fourteen days, or in any war 438 Bounty to recruits 62, 63, 80, 83, 87, 91, 95, 103, 176, 178, 216 abolished , 310, 337 for re-enlisting 310, 337 to be given on certain oontingeuoy...,, 405 Breach of arrest, penalty for , 55, 58, 151 Brevets or former commissions, when to take effect 54, 147 conferred on distinguished non-commissioned officers 377 Brevet rank. President authorized to confer 202 conferred on staff officers « 212 senate's concurrence required in conferring 260 not to be conferred for ten years' service 314 pay of 224, 260 to be conferred on officers of marines 224 Bribe, commissioners of musters receiving 52, 138 Brigade, two regiments to constitute a 95 Brigadier-general, not more than four to be appointed 63 may appoint brigade-major, &c 87 two additional authorized 363 number of to be reduced 363 not exceeding three authorized 374 one more to be added to the army 429 Brigade inspectors, duties of. 69 Brown, major-general, thanks of congress, and gold medal voted to.... 235 Bureaux, military, absence of chiefs of, provided for 324 Buying or selling soldiers' clothing 54, 143 Butler, general, sword presented to, by congress 380 o Camels and dromedaries, appropriation for , 428 Camp, absence from, more than one mile without leave prohibited 54, 144 Cadets, appointment and pay of, Ac, &c. {see Academy, military.) to be limited to number of representation, Ac. in congress, &o 362 pay of, increased 356, 448 Cannon, President authorized to purchase 72, 87 iron, a superintendent of the manufacture of, to be employed 349 Captains accountable for company stores 54, 143 entitled to $10 per month extra for care of clothing, &c 295 two to be added to ordnance department 376 Captives entitled to pay, kc., during captivity 222 Casting away arms, penalty for 54, 145 Cavalry to serve as dragoons when ordered 80 two regiments of, authorized 429 454 Index. Certificates of musters i-- 52 false, penalty for 52, 138 Challenges to fight duels prohibited S2, 140 upbraiding for refusal to accept 52, 140 to members of court martial 150 Chaplains, undue absence of, penalty for 51, 135 one authorized to each brigade 166, 181, 205 to military academy 269 to each military post 335 number limited to twenty 341 in militia one to each brigade 108 Chaplains, to ten regiments 369 at posts may be ordered to join army 369 penalty for refusing to go 369 ten additional authorized for military posts ,397 entitled to bounty land » 434 pay of, increased 443 Citizens enrolled in militia to be armed 108 Chief magistrate of any of the states, penalty for speaking disrespectfully of, 135 Civil authority, offenders against, to be delivered up to 53, 142 Clerk, chief of war department, appointment of, oath and duties 60 Clerks, extra in military bureau, prohibited 322 > circuit and district courts, duties of in regard to suits 282 of paymasters, employment of authorized and compensation fixed, 336 Clothing, allowance of, prescribed 57, 61, 63, 80, 83, 96, 103, 178 provision for alteration of 96 paymasters to have charge of 100 surplus may be furnished to paymasters 103, 178 President to prescribe kind and quality of. 220, 246 issuing and accounting for, to be prescribed by regulations 246 purchase of, from soldiers prohibited 81, 83, 105 allowed to enlisted men of ordnance 233 not drawn to be paid for 246 due to soldiers at discharge to be paid for 246 extra articles of, issued, to be deducted from soldiers' pay 246 accountability for, prescribed by law 293 penalty for selling 54, 143 money in lieu of, allowed to volunteers and militia 358, 365 in kind to volunteers in lieu of commutation therefor 381 Colors to regiments, who to provide. 68 Command of mixed detachments provided for 54, 147 Commanding ofiScers to make monthly returns to war department 138 responsible for redress of grievances 63, 141 to rank according to date of commission 68 Companies, two to be added to each regiment of artillery 377 how organized 377 Company, number of subalterns to 375 one added to each regiment to serve as light artillery 377 Commander of a company, additional pay to, for care of clothing 295 Commissions to be given by the President 43 Commissioned officers to be citizens of the United States 166 how they may be dismissed , 55, 59, 137 Index. 455 Commissariat, an act to increase 40S Compensation of secretary of war, $8,000 per annum 423 Confinement of soldiers charged with crimes 55, 59, 151 limitation of. 56, 66, 161 Congress, penalty for speaking disrespectfully of 52, 135 members of, not to engage in contracts ; 167 thanks of, voted to major-generals Brown, Gaines, Macomb, Jaclison 235 major-general Harrison and Gov. Shelby 269 major-general Taylor ; 367 Consolidation of regiments authorized 378 Constitution of the United States 33 amendments to 48 Contempt or disrespect towards commanding officer 52, 135 punishment for 227 Contemptuous or disrespectful words against President, Vice-President, congress, &a 52, 135 Cutters, revenue, pensions to persons serving in 225 Contracts for military supplies, how to be made 91, 175 to be filed in comptroller's office within ninety days 92 an act concerning 167 statements of, to be reported to congress annually 168, 175 proposals for, to be invited by adyertisement 175 members of congress not to engage in 167 not to be made without authority of law 275 no advance of money to be made on 288 for subsistence and clothing, how to be made 275 for quartermaster's department 275 Contributions in Mexico, all engaged as receivers of, to be paid 423 Colors, leaving of, in search of plunder, penalty for 54, 145 and standards captured, disposition of 226 Correspondence with the enemy, penalty for 64, 146 Corporeal punishment, limitation of. 56, 69, 162 abolished 194 revived, in cases of deserters 310 Council of administration may appoint chaplains 335 Courts-martial, general, organization of 54, 68, 148 by whom to be ordered 58, 148, 300 sentences of, how to be acted upon 55, 59, 83, 103, 148, 153 proceedings of, to be filed in the war olfice 56, 69, 163 party tried entitled to a copy of. 69, 163 compensation for attending , 106, 180 when not sufficient officers to form 162 regimental, organization and powers of 55, 58, 148 by whom to be ordered 65, 58, 148 garrison 65, 58, 148 members of, how to take rank , 65, 58, 147 behavior and mode of voting of 55, 58, 160 conduct in presence of 65, 58, 151 hours of proceedings of. 56, 68, 160 militia subject to be tried by 55 456 Index. Courts-martial, artillery 55 for militia, how composed 84, 79, 22T fines of, to be certified '^9 Courts of enquiry, organization, rules of proceeding and powers of. 59, 154 prohibited, unless directed by the President or de- manded by accused 69, 154 Cowardice, punishment for 54, 55, 59, 152 Crimes, capital, officers and soldiers accused of, to be delivered over to civil authority 53, 142 any officer refusing or neglecting to deliver over persons accused of, penalty for 53, 143 Crimes, not capital, Ac. punishable 56, 156 certain, against United States, punished (neutrality act) 262 Criminal offences, persons convicted of, not to be enlisted 310 Croghan, colonel George, gold medal voted to 319 Commissary-general of subsistence, appointment, duties and pay, 259, 285, 299 franking privilege allowed to 260 assistants of, appointment, duties, and pay 259, 285 and assistants to give bond 259 not to deal in ration supplies 260 subject to martial law....260 tenure of office, 260, 285, 299 purchases and deputies' appointment, duties and pay 185, 245, 286 not to deal in depart- ment supplies 185, 195 to give bond 185 franking privilege al- lowed to 185 office abolished 348 duties of to be performed by quarter master de- partment 348 ordnance, appointment, duties, rank and pay of ....193 Commissaries and assistant commissaries, additional number of tempo- rarily authorized 363 Commissary of musters, duties of. 52, 138 receiving bribes, penalty for 52, 138 certificates, when to be given to 136 when shall be displaced, &c 138 Compelling a surrender of commander, penalty for 54, 146 Comptroller, one additional established 251 first and second, duties and salaries of. .' 253, 254 franking privilege allowed to 255 Curtis, colonel, payment of Texan troops called out by him /393 Conduct unbecoming an officer and gentleman, penalty for 55, 152 Conductors of artillery, appointment and pay of. 186 to be taken from 2d lieutenants of companies... 220, 269 extra pay and duties of. , 220, 269 Index. 457 D Death, sentence of 56, 59, 135, 136, 152 not applicable to deserters in time of peace 300 Debt, arrest of soldiers for 63, 83, 88, 95, 180, 203 Delinquent debtors to be reported 254 ■warrants of distress to be issued against....; 279, 280 may appeal from warrant of distress 281 Delinquencies, what pay may be stopped in payment of 227 Delinquents may be proceeded against for non-appearance 227 Department of war, established 59 Deposition of witnesses may be taken 58, 150 Deserters, carrying away 81, 83, 105, 180 pursuit of, and reward for apprehending 69 may be tried after expiration of enlistment 106, 179 in time of peace exempt from death punishment 300 officers receiving, may be cashiered , 139 Desertion, penalty for 52, 81, 105, 139, 179, 300, 310 advising, penalty for 62, 139 procuring or enticing 81, 83, 106, 180 to be promptly reported to the commanding officer , 59 Destruction of property on march prohibited 54, 146 Disrespect or contempt towards a commanding oiBcer 52, 135 Disrespectful or contemptuous words against the President, &c 52, 135 Discharge of commissioned officers 137, 378 of non-commissioned officers and soldiers 62, 68, 137 of ten regiments at end of Mexican war 368 honorable, to enlisted men of mounted riflemen 391 Discharged officers and soldiers, travelling allowance to 96, 106, 181, 206 mileage and 3 months' extra pay allowed to..378 Disputes, courts-martial for the decision of 56 District of Columbia, militia of, organized and laws concerning 110, 197 certain laws to be distributed to the 128 tactics, system of, to be distributed to the..299 distribution of arms to 290, 429 Discipline, military, system of, to be prepared 213 Baron Steuben's adopted, and observed by militia 68 same abolished 276 and field exercise of army to be observed by militia. ..276 Disbursing officers required to deposit their funds 445 Dismissal of officers failing to render accounts 289 Disobedience, penalty for 64, 78 Divine service, troops advised to attend , 51, 134 deportment at 51, 134 Division, organization of. .^ 94 Dromedaries and camels, appropriation for 428 Dragoons, organization of 163, 196, 220, 359 a squadron of. 63 a regiment of 91, 163, 177, 220, 311, 369 regiment of, established 311 30 458 Index. Dragoons, additional regiment authorized, pay of, &c ., 323 pay of, when mounted 311 ■ not mounted 311 reduced 3^^ second regiment of, converted into riflemen 346 same repealed 364 same to be re-mounted 354 rank and file of, increased 359 ■when to be reduced 369 enlisted men of, to receive same bounty as other troops 3?6 Drunkenness on guard or other duty, penalty for 54, 144 Duty, hiring of 54, 144 conniving at the hiring of. 64, 145 2)uels, challenges to fight, giving or receiving, prohibited, and penalty for 52, 140 persons going out to fight, to be arrested 140 upbraiding another for refusing to fight, penalty for 63, 140 E Eflects of deceased commissioned officers to be cared for 55, 166 soldiers, to be cared for 66, 155 Embezzlement or misapplication of military stores 64, 143 public moneys 64, 143 failure safely to keep deposits to be punished as 446 to make deposites to be punished as 446 Enemy, relieving the 54, 146 harboring and protecting 54, 146 officers and soldiers compelling the commander to give up to. ..54, 146 holding correspondence with the 54, 146 public stores taken from, to be secured 64, 146 Zngineers and Artillerists, corps of, established 74 to be completed 80, 83 President may appoint two 96 Engineer corps may be organized 106 shall constitnte a military academy 106 shall be stationed at West Point 106 increased 105, 189, 331 subject to rules and articles of war 155 officers of, not to assume other duty 147 to' superintend works 337 a company of sappers, miners and pontoniers added to 359 chief of, to prescribe vehicles, pontons, implements, &c 360 officers of, to superintend construction, &c. of light-houses. ..417 promotion in, for fourteen years' service 424 Engineer, skillful assistant to be appointed 250 same abolished 307 Enlistment, term of.. .61, 63, 80, 83, 87, 103, 176, 178, 204, 216, 309, 359, 368 bounty for 62, 63, 80, 83, 87, 91, 96, 103, 17f, 178, 204, 425 oath to be taken on , 52, 136 Index. 459 Enlistment of persons under 21 years old, unless by consent bf parents, &c 103, 178, 204, 205 binding on persons under 21 years of age 228 of criminals prohibited 310 of an apprentice, master to be entitled to portion of money bounty 229 temporarily suspended 97 acts to encourage 368, 405, 425 Enlistments encouraged , 368, 405, 425 Enticing desertion, penalty for 81, 83, 105, 180 Establishment, military, (see Military Establishment.) Evidence in application for pensions, an act relative to 357, 394, 404 resolutions in relation to 394, 404 in bounty land oases 436 record evidence not required 436 parol evidence substituted 436 Exclusive jurisdiction over disputed territory in Maine 343 Expenses incurred for subsistence, Ac. of volunteers before being mus- tered, to be paid 380, 383 Extra expenses incurred by officers, allowance for 105, 180, 205 compensation to soldiers on fatigue duty 270, 362 issues of spirituous liquors to soldiers on fatigue duty 96 commutation for 270, 362 allowances, prohibited 342, 346 pay, three months, allowed to discharged officers 378 to all who served through Mexican war 385, 394 pay to paymasters in Mexico 390 to troops in Mexico, to be paid by pay department 394 ' Oregon, California and New Mexico 420 to non-commissioned officers having certificates of merit 426 to troops at Fort Laramie and escort of Mexican boundary commission 423, 429 to chaplains in California 429 to marine baud 440 to officers in any branch of public service, prohibited 342, 346 F Fatigue duty, pay of soldiers employed on 270, 362, 426 Fines, collection and application of. .■..56, 64, 79, 206 Five years' half-pay to widows and orphans of officers and men of regu- lars and volunteers [see Fensions) 395 Flag of the United States established 56 altered 71 further altered and established 258 Flags, standards and colors captured, to be preserved- 226, 430 Forage, to what officers allowed 61, 83, 94, 102, 164 money in lieu of 61, 63, 83, 92, 94, 102, 213, 247 shall be allowed only for horses actually mustered 354, 356, 357 460 Index. Forage for volunteers and militia, money in lieu of , 365 masters, appointment of, authorized 1S6, 212 not to deal in articles of forage ^S" masters, pay of. 1^" abolished » 269 re-established 333 Fortifications for defence of ports and harbors, erection of, authorized, 71, 74, 86, 162 garrison of ^2, 7i arming of ''2, 74 President to receive cessions of land for 72, 74, 85 land to be purchased for 72 to be repaired or completed 86, 162 marines liable to do duty in 90 inspector of, authorized 95 pay and rank of. 95 on seaboard and frontier, repairing, arming, &c 343 Foundries to be established 87 expenses and operations of, to be reported annually 87 a superintendent to be employed for manufacture of iron can- non at 349 Fraud, officers cashiered for, sentence to be published 59, 152 Frays, quarrels and disorders, quelling of. /. 53, 140 Furloughs to non-commissioned officers and soldiers 52, 136 Fund, naval, management of 98, 129, 328 Franking privilege, to whom allowed 76, 185, 202, 255, 260, 336 Funds of disbursing officers, how to be drawn out 445 a Gaines, major-general, thanks and medal voted to, by congress 235 General staff, organization of, as such 211, 244, 258, 331 officers of, authorized... 62, 83, 84, 88, 95, 100, 177, 194, 202, 283 additional, authorized temporarily 364 clothed with brevet rank 202, 212 not to hold commissions conferring equal rank in the line 364 Gratuity to disbanded officers 99, 105, 222, 235, 259 discharged soldiers 99, 176, 338 disbanded warrant-officers 256 Grampus, schooner, relief of widows and orphans of those lost in 355 Grievances of commanding officers, redress of. 63, 56, 142 inferior officers and soldiers, redress of 53,^ 142 Grenadiers, one company of, authorized 67 Guard, leaving before duly relieved 54, 144 drunkenness on, penalty for 54, 144 officers commanding, not to suffer persons to go out to fight duels, 52, 140 Index. 461 EC Harbors and ports, defence of. 71, 74, 86, 86, 162 Hamer, general, sword voted to nearest relative of 380 Harrison, major-general, thanks and medal voted to, by congress 269 Henderson, general, sword voted to 380 Height and age of recruits 61, 103 repealed 338 Hiring of duty, prohibited 54, 144 conniving at 54, 145 Horses of officers killed in battle, compensation for 82 proof of value of 82 and other property lost in service, to be paid for 327, 329, 353, 372, 400 public, selling, losing, or spoiling 54, 143 and equipage lost by Missouri volunteers in Florida war to be paid for 355 acts relating to claims for, revived 355 volunteers to receive pay for use and risk of„ 358 not keeping themselves provided with, to serve on foot. ..358 lost for want of forage, or thrown overboard in gulf of Mexico, to be paid for 394 in service in Illinois and Michigan, to be paid for... 308 Hospital, insane of the army and navy, established... 430 its objects, government, &c 431 an act supplementary to act of 440 Hospitals, military, temporary and permanent to be provided 92 stewards of, one to each 92, 177 appointment and duties of. 92, 177 to have the compensation of sergeants 333 nurses and attendants in, appointment and pay of 92 Imprisonment of nom-commissioued officers and soldiers 55, 58, 151 Increase in rank and file to 100 in each company ..„ „ _ 369 same partially repealed 391 to 74 authorized in the field or at dis- tant posts _ 405 of pay to military storekeeper at Watertown, Massachusetts 398 Little Bock 407 of the rank and file of the army 425 officers, &c. of the army 443 of rank and file of army 405 Indians, President may employ in certain cases 63 tribes, trade, &,c. with, regulated 317 agent, President may appoint any army officer an 319 bounty land to 434 penalty for selling liquors to ...» 317 462 Index. Indians made competent witnesses 378 no immunities, money, or goods, to be distributed to, while in- toxicated 379 Infantry, organization of a regiment of 61, 63, 83, 91, 91, 100, 163, 205, 283, 330, 359 one additional regiment authorized 330 two " " " *29 regiments of, may be equipped as riflemen 336 one regiment as light infantry 336 number of privates in companies of, reduced 347 rank and file of, increased 369 may be reduced 369 Inquiry, courts of, organization of 69, 153 powers of, and rules of proceeding 59, 163 prohibited, unless ordered by President, or demanded by accused 69, 164 Inspectors, appointment of, authorized 61 duties and pay of 61 of artillery 91 duties, rank, and pay of. 91 of fortifications, to be appointed 95 Inspectors general, appointment of, authorized 88, 177, 285 rank and pay of. 88, 177, 285 additional pay of. 86 to be allowed a secretary 96 allowed two assistants 177 one abolished 349 re-instated 367 Inspector generals' department organized 211 of division, compensation of, increased 259 Insurgents, President to order, to disperse 64, 78 Insurrection, suppression of, provided for 77, 162, 206 Interest allowed in certain cases 383 Insane, of army and navy, hospital for 430 organization of, Ac 431 supplementary act of. 440 Invalid pensioners, provisions relative to 61, 81, 83, 104, 170, 178, 205, 242, 271, 361 of militia and volunteers, provision for 241, 242, 368 Invasion, President authorized to accept the services of volunteers in case of 77, 206, 323, 343, 368 Jackson, major-general, thanks and medal voted to, by congress 235 Judge advocate, duties and oath of 66, 149, 153, 154 special appointment of. 85 compensation of 85 of the army, appointment of, authorized 397 rank and pay of. 398 Index. 463 Justice, administration of 58 Jurisdiction, exclusive over military sites 38 disputed territory iu Maine 343 Land not to be purchased on account of United States without authority of law 276 military bounty, allowance of 176, 178, 203, 229, 241, 338, 418, 426, 433, 436 survey of. 192, -241 relinquishment of, for pensions 241, 257 transfers of, invalid 241 restricted 338 warrants, to be issued 192 remedy for loss of 248 an act in relation to 392 Land or sites for military purposes, and jurisdiction over, congress to have, 38 acquisition of, authorized 72 sale of such as may become useless 271, 444 Laws, opposition to, to be reported to the President 64 Leaving post or colors in search of plunder 54 Legion to be completed 80 formed into regiments 83 Legislature of any of the United States, penalty for speaking disrespect- fully of. 135 Lieutenant-general, appointment of, authorized 88 pay and emoluments of 88 aids and seoretaries^if. 88 title of, abolished 95 revived temporarily 435 pay, &c. of, and of his aids, and their grade 444 Leave, absence without 52, 54, 139, 141 Lieutenants, 6 first, to be added to ordnance department 376 Lieutenant-colonel of marines to be appointed, and pay of. 97 Limitation of the term of certain officers 276 time for trial of offenders 152 Lighthouses, officers of engineer corps to superintend construction, Ac. of ..417 Lieutenants, acting adjutants, extra pay to 375 Liquors, spirituous, extra issues of, authorized 96, 270 commutation for 362 other articles substituted for in the ration 129, 335 Lying out of quarters, withoiit leave, prohibited 54, 144 Losing horses or equipments through neglect 54, 143 464 Indks. M Macomb, major-general, thanks and medal voted to by congress 235 Magazines and arsenals to be erected and repaired 72 regulated 9S keepers of, to make returns 232 Maine, jurisdiction over disputed territory in - 343 Major, President may appoint one from the army to each regiment 368 so appointed, to continue ' 384 Major-general appointed 285, 374 one additional authorized 363 Major-generals, number of, to be reduced 363 same repealed 384 and brigadier-generals, as many as may be necessary, to be appointed ' 365 when to be discharged 365 Marine corps established and organized 89 increased 93, 223, 372 acts relating to 89, 93, 97, 175, 223, 228, 255, 301, 302, 306, 309, 312, 372, 399, 447 lieutenant-colonel, commandant of, and pay 97 oath of officers and privates of 90 term of enlistments in 90, 175, 309, 312 subject to rules and articles of war - 90 detachment of, on board ships , 90 liable to do duty in forts and garrison, &c 90 staff officers of, taken from line and to have extra pay 223 brevet rank may be conferred upon 224 supply of, when co-opefating with land troops on shore 230 requisition of officers of, to be complied with 230 officers of, may be associated with laud forces on courts- martial 140 reduced 255 pay and emoluments 89, 301, 302, 306, 313 pay retained and bounty „ 310, 399 provision for wounds '. ^ 90 exempt from arrest „ 90, 313 certain allowances extended to other officers of 316 brigadier-general by brevet not to be paid as such 447 officers of, how to be appointed , 372 provisions of act, 30th June, 1834, made applicable to 372 to be reduced at end of Mexican war.. 373 put on same footing.as army as to bounty and extra pay 394 no prior money to be paid to - 394 bounty to non-commissioned officer? of, on re-enlistment 394 certain officers of, disbanded, restored 399 peace establishment of, fixed 255 no officer in, to be paid as brevet brigadier-general 447 band for performing in capital ground, Ac, to have ?4 per month extra 440 Index. 465 Marine corps, number of officers and men 312 to be governed by navy regulations except when detached for service with the army .' 313 rank of officers 313 staff to be taken from captains and subalterns 314 existing commissions not Vacated 314 regulations for discipline of 314 brevets not to be conferred for ten years' service '.314 Marines, pay and bounty ..228 President may increase 228 same repealed 260 substituted for landsmen 399 retention from their pay extended 399 pensions 203, 218 Marriage, effects of, in certain pension cases 350, 356, 427 Marshal, duties of, in regard.to fines, suits, &c , 64, 79, 80, 283 Master of the sword, pay of 196 increased ; 424, 443 Medical department established 92 officers of, subject .to rules and articles of war 92 increased see Appendix. board may be called , '. 92 to examine surgeons and assistant surgeons ._ 315 staff, organization of 100, 107, 177, 212, 244, 269, 286 increased 306, 324, 338, 369, 397 pay of, regulated 315 increased 336 additional officers of, authorized, temporarily , 363 Menacing words or gestures in presence qf courts-martial 55, 68, 151 Merit, certificates of, granted to private soldiers , 377 Militia, when in pay of United States, subject to rules and articles of war 55, 62, 78, 155 of the District of Columbia, organization, &c. of. 109 to 128 to be armed 290, 429 supplementary act, &c 197 officers of, to give precedence to like grades in the regular army, 55, 156 President authorized to call out, to aid regular forces.. ..61, 62, 64, 77, 78, 343, 358 arming and equipping 89, 169, 249, 290, 429 to be paid by paymasters of the regular army 226, 324 provision for invalids of the 69, 241, 242, 321, 358 widows and children of the •. 214, 241, 321 pay of, when in service '. 61, 64, 76, 269, 368 duty, who are exempt from ". 62, 66, 99, 292 uniform system of, established 64, 77, 227 of each state, to be arranged into divisions, Ac 66 organization of 67 colors, &c. to, by whom to be provided 68 rules and discipline of, same as in 1799 ". 68 officers of, how to take rank 68 brigade-inspectors of, duties of 69 state corps of, to retain their privileges 69 31 466 Indbx. * Militia, allowances to cavalry, &c 16 term of service 78, 343, 358 volunteers, Ac, to have same pay as regulars 27, 320 field officers of, an act concerning 241 expenses of, going to place of rendezvous, to be paid 262, 321 to observe army discipline and field exercise 276 called out by General Gaines; to be paid 367 to serve for a term not to exceed three months in one year 78 six mouths 343, 358 to have the organization of the army of the United States 343, 358 to be organized into brigades and divisions 66 money in lieu of clothing for 358, 365 subsistence and forageof 365 additional officers of, allowed 227 and volunteers, states and individuals having paid expenses, &c. of, to be refunded 367, 383 interest allowed in some cases 383 surgeon, assistant surgeons, quarter masters, and commissaries, pay of 367 Military asylums for invalids of army 413 appropriation for western 424 at Harrodsburg, Ky., ordered to be abolished 444 Military Academy {see Academy, Military.) Military establishment of 1785 57 1787 59 1789 ' 61 1790 61 limited 61 increased 62, 63, 74 1795 80 1796 83 modified 84 increased 86, 91 further increased provisionally 93 organized 94 reduced 99 1802 99 increased ; ..107, 129, 163 completed -. 176 1812 1?7 increased 177, 194, 20,0, 205, 209, 217 organized 196, 204, 220 reduced....' 234 1815 234, 242, 258 reduced 283 1821 283 . increased 329 reduced 346, 344 increased 361 1850 " 405 1855 " 429 Index. 467 Military agents authorized 100 pay of. 101 duties of 1 105 abolished 186 discipline, system of, to be prepared 213 force to aid in suppressing insurrections 162 secretary, commanding general may appoint 364 sites, sale of, authorized ■ 271, iii jurisdiction over 38 stores, embezzlement, sale, or misapplication of. 54, 143 unserviceable, to be sold 292 inspection of. 292 storekeepers, appointment of, authorized 210, 245, 286, 444 number and pay of, limited 347 supplies, superintendent of, authorized 210 abolished 251 Miller, brigadier-general, gold medal voted to 235 Minister, special, to Great Britain 343 Medal voted to generals Brown, Eipley, Miller, Porter, Gaines, Jackson, and Macomb 235 general Taylor 367, 380 , Scott _ 235, 392 colonel Croghan 319 Minors, not to be enlisted without consent of parent or guardian 204, 205 so enlisted to be discharged on application of parents or guardian, 407 restriction in relation to, abolished 229 may withdraw their enlistment within four days 229 if apprentices, masters to receive part of the bounty 229 parents or guardians to receive compensation on account of 317 Misbehavior before the enemy 54, 145 Mitigation of punishments 56, 153 Money, public, embezzlement or misapplication of 54, 143 to be deposited in bank 174 returns of, to be made monthly 175 advances of, prohibited 288 in lieu of subsistence to be paid to certain volunteers 396 Monthly return of troops to congress 52 to war department 138 Mortgage, none allowed upon pension 388 Mounted rangers to be raised 306 disbanded 310 Musters 52, 137, 138 absentees from 52, 137 of persons not soldiers 62, 138 false, of man or horse, proof of, and penalty for making 62, 138 commissary of, to remit rolls to congress 62* to war department 138 taking bribes..; 52, 138 Mutiny, beginning, exciting, or joining in 52, 135 suppressing of. • 62, 136 468 Index. STon-commissioned officers, brevets conferred upon 3"7 National armories (see Armories, National.) Naval officers, requisition of, to be complied with 230 Navy fund, management of ' 98, 129, 328 Naval pensions 203, 235, 356 Neutrality act 262 o Oath of members of courts-martial 55, 58, 149 judge-advocate 55, 58, 149 witnesses 55, 58, 150 members of courts of inquiry 59, 154 judge-advocates or recorders to courts of inquiry j 59, 154 witnesses 59, 164 qualification of, officers and soldiers 52, 61, 81, 84, 91, 105, 136, 180, 205 secretary of war and clerks , 60 paymaster-general 70, 105 recruits 52, 136 Oaths, auditors empowered to administer to witnesses 254 profane, penalty for using '. 51, 135 of non-commissioned officers and privates, to be certified by judge.. .136 Officers retained, to subscribe to rules and regulations 51 and privates to take oaths 61 arrest of 55, 58, 151 not to be tried but by courts-martial 58, 150 appointment of, to be submitted to the senate 87 commissioned or staff, entitled to pay only for actual service 88, 92 composition of courts for trial of 58, 150 failing to render accounts, to be dismissed '. 289 military, may be appointed Indian agents 319 appointment of, in ten regiments 368 and men in the ten regiments to receive land warrants or scrip 369 in ten regiments, how they shall take rank 375 to be discharged at end of Mexican war 378 discharged, allowed mileage and 3 months' extra pay 378 in old army, in new regiments to be retained 384 also oa civil duty, not to be paid in both capacities 424 pay of, increased $20 per month 443 seamen and marines in the navy, pay of 228, 250 • and soldiers of the Eevolution, relief of 296, 303, 307, 308, 312 Officer and gentleman, conduct unbecoming an 55, 151 OflTences of more than two years' standing 152 not specified in articles of war 56 Ofi"enders to be given up to civil authority ; 53, 142 Opposition to U. States laws, to be reported to the President 64 in cases of, President to call forth militia 78 Index. 469 Ordnance department established 193 re-organized ! 231 to liave direotioii of public armories 233 regulations for,, to be prepared 233 officers of, may be transferred to other corps 234 assigned to duty same as engineers 247 merged in the artillery 284 re-established 301 increased 334 officers of, to be superintendents of armories 347 additional master workmen and laborers in, au- thorized 365 \ two captains and 6 first lieutenants to be added to. ..376 pay, Ac. of. 376 to be disbanded at end of war ..37 6 commissary-general of, appointed and duties of 193 deputy commissaries of, authorized 215 colonel of, appointment of, and duties 231, 233 officers and men of, subject to rules and articles of war 302 artificers to be attached to regiments, garrisons, &c. by colonel of, 232 stores, Ac, issues of, by whom ordered ,. 232 returns of ,. 233 unserviceable, to be sold 292 corps, certain pension laws extended to 384 bounty lands to those of them who served in Mexico 384 artificers and laborers in, to have same pay and allow- ances as other troops 395 Organization of infantry 59, 61, 63, 83, 91, 94, 100, 163, 177, 196, 206, 284, 330 artillery 57, 61, 63, 94, 100, 163, 177, 220, 283, 330 riflemen 95, 163, 218, 361 cavalry 94, 177, 196, 429 dragoons 63, 91, 163, 177, 196, 220, 311, 323, 368 Orphans, provisions for (see Widows and Orphans) 75, 86, 205, 241 Oregon, military stations on route to 361 Parole, betraying of 54, 145 giving out, different from that received 54, 145 Pardon and mitigation of punishment ., 56, 57, 153 Pay of the troops in 1785 : 57 1787 ■' 59 1789 and 1790 61 1791 62 1792 63 1795 76 1796 81, 83 1797 84 470 Index. Pay of the troops in 1798 88, 91 15-99 ; 94 1800 97 1802 101 1808 163, 164 1812 177, 178, 183, 184, 185, 189, 201, 202, 203 1812 '. 212 1814 220, 222, 224 1815 233, 235' 1816 245 1821 286 1827 295 1833 309, 310, 311 1834 315 1836 332 1838 332, 337, 340 1846 360, 365 1854 increased 425 arrears of, not to exceed two months 75, 103, 178, 205 militia against Indians 269 assignment of, prohibited 70 officers of array increased 443 military storekeepers and chaplains increased 443 cadets increased 356, 447 deduction from, for clothing and hospital stores 61 advance of, as bounty 204 additional, to discharged officers 99, 105, 205, 222, 235, 259 soldiers 99, 176, 205 when employed on fatigue duty .■ 270, 362 brevet officers regulated 202, 260, 314, 447 captains and subalterns increased in certain cases 295 and allowances of volunteers and militia 358 extra, prohibited , 342, 346 allowed to lieutenants acting adjutants 375 militia in United States service 64, 76, 207 volunteers 207 officers, seamen, and marines in the navy 228 Paymaster-general, appointment of, authorized 70, 85, 88, 100, 244, 285 shall reside at headquarters 70, 95 duties and salary of 70, 95, 97, 104, 225, 245 to give bonds and take an oath 70, 105 Paymasters, district and assistants authorized 194, 225, 285 term of office of, limited 276 additional, maybe appointed 337 allowed commissions on payments to militia 309 three abolished 349 clerks of 245, 336, 391 may be allowed $700 per annum 391 rations for 420 two deputies, &c. may be appointed 375 pay and allowances 375 Index. 471 Paymasters hereafter to be appointed for volunteer service, to be nom- inated to the Senate '. 376 to volunteers in Mexico allowed extra pay 390 three additional, to be appointed 362 duties, compensation, and bond of 362 to take rank as President may direct 374 Parade, absence from, prohibited ;....54, 144 Penalty for introducing, Ac. liquor to Indian country 378 speaking disrespectfully of President, &a 135 disobeying orders of President 64 desertion 52, 81, 105, 139, 179, 300, 310 carrying away deserters 81, 83, 105, 108 advising desertion 52, 139 procuring or enticing desertion 81, 83, 105, 180' Pension act of July 7, 1838, explained 352 laws extended to engineers, Ac 389 rate of, not to exceed half pay of deceased 390 extended to volunteers in certain cases 181, 358 naval, an act to provide 203, 345 to be paid to administrators, Ac. of deceased pensioners 344 to certain revolutionary soldiers 353 to invalids 61, 81, 83, 97, 104, 157, 178, 205, 243, 272 to persons engaged in land and naval service in revolutionary war 257, 275, 290 to widows and orphans 75, 86, 104, 178, 206, 241, 260, 270, 299, 386, 387, 417 to marines 90 to navy 373 to widows of revolutionary soldiers 381 to cease on marriage 381 to be granted under rules to be fixed by war department 386, 387 out of what fund to be paid 435 to certain Cherokee warriors 345 Pensioners, invalid, an act concerning 170 Porpoise, brig, provisions for persons lost in 439 Post, penalty for abandoning 54, 145 Professors at military academy, (see Military Academy.) Prisoners, refusal to receive '. 55, 58, 151 release and escape of 55, 58, 151 to be reported daily....-.' ■ 55, 59, 151 arraigned for trial and refusing to plead 150 ■ Prize money to be retained for pensions 98 Proclamation to insurgents to disperse 64, 78 Privates, certificates of merit granted to 377 promoted, not to lose benefits of act 11th Feb'y, 1847..... 382 Procuring desertion 81, 83, 105 cannon, arms, &c. authorized 87 Profane swearing, penalty for 51, 135 Promotion, rules of, established 196, 221, 332, 416, 424 in quartermaster's department to rank of major 364 in stafi' department or corps, as in other corps 416 of non-commissioned officers 426 472 Index. President of the United States commander-in-chief of army- and navy 42 penalty for speaking disrespectfully of 135 authorized to call out militia 61, 62, 64, 77, 78, 343, 368, 363 to accept volunteers 87, 181, 343, 358, 373 to complete public armed vessels 343, 358 to purchase, arm, &e., merchant vessels and steamboats, Ac 358 to select major-generals, and brigadier- generals to be retained 363 to call into service general officers of militia, 363 to organize militia and volunteers into brigades and divisions 363 penalty for disobeying 64, 78 authorized to raise companies of rangers, 176, 200, 209, 306, 361 Property lost or destroyed in service to be paid for 236, 257, 291, 317, 327, 353, 372, 400 Provision for widows of revolutionary soldiers 157, 381, 382 Professors, ic. in District of Columbia exempt from militia duty 292 Provisions, introduction of, into posts or garrisons 53, 56 Provost-martial to make daily report of prisoners 55, 151 Provoking or reproachful speeches 53, 139 Public accounts, prompt settlement of 251 Punishment, mitigation of. 56, 153 Purchase of arms or clothing from soldiers prohibited 81, 83, 105 Purchases, commissary-general of, authorized 184 not to be concerned in trade 185, 195 abolished 348 duties of, by whom to be performed 348 Purchasing department organized 245 officers not to engage in trade 195 re-organized 286 Purveyor of public supplies, office of, established 76 duties, salary, Ac. of 76 not to be concerned in trade .' 77 to execute orders of secretary of war 91 office of, abolished 185 Pay department organized 244 officers of, to receive cavalry pay 336 re-orgaiyzed 285 increased 324 reduced .; 349 duties of its officers 245, 307 officers of, to give bonds 246 any officer of the army may be assigned to duty in 324 officers of, to have rank assimilated to their pay, &c 376 not entitled to command in line, Ac 376 oldest in service shall have command, Ac 376 of what it shall consist, duties, Ac 396 alterations in 362 Index. 478 Pay department re-organized, 4c 396 disbursing officers of, to renew their bonds every 4 years..397 Payme'nts to persons in arrears prohibited 296 on contracts, how made 288 Per diem allowances for extra expenses of officers 105, 180, 205 Physician and surgeon-general authorized , 88, 92 may call a medical board 92 rations, forage and servants allowed to, 220, 222 to form regulations to admit patients into hospitals .• 92 Pledge, none allowed upon pension - 327 Pontoniers. {see Sappers, Miners and Fonioniers.) Porter, brigadier-general, gold medal voted to 235 Ports and harbors, defence of. 71, 74, 85, 86, 102 Posts, abandoning, penalty for 54 Premium for recruits 62, 63, 80, S3, 91, 96, 103, 204, 205, 217 abolished 310 Proviso of 7th May, 1846, repealed 384 Q Quartermaster general, appointment of, authorized.. .85, 89, 95, 183, 259, 285 rant and pay of ■. 85, 95, 183, 259, 285 duties of 184, 195, 212, 333 deputies and assistants 184, 195, 212, 285 deputies, 4c. not to deal in articles belonging to their department 186, 196 not responsible for money in the hands of sub- ordinates 196 provision for his absence 324 franking privilege allowed to 185, 212 additional rations allowed to 377 and deputies to give bonds 196 may appoint barrack masters 195 forage masters and wagon masters... 333 artificers, laborers, 4c : 212 inhibited from trade in army supplies 185 same repealed 196 but re-enacted 195 allowance to, for rent, clerk-hire, 4c 195 not to be taken from the line 222 same seemingly repealed 285 Quartermaster's department established 183, 196 additional duties of 292 re-organized 211, 244, 259, 285 increased 294, 332 officers of, to give bonds 196, 246, 294 to take an oath 184 assistants subject to do duty in subsistence department 285 may be separated from the line 333 32 474 Index. Quartermaster's assistant, shall not be separated from the line 341 may vacate their regimental commission 364 officers of, to do duties of commissary general of purchases 348 promotion in, to the rank of major 364 additional officers of, authorized temporarily 364 vacancies in, at end of Mexican war not to be filled; 384 Quartermasters, four with rank of major to be appointed 371 ten assistant, with rank of captain 371 regimental. 368 to be appointed to each of the ten regiments 371 pay and allowances of 368 assistant, pay of 367 not to be discharged at the end of Mexican war 384 Quitman, general, sword voted to him 380 Qtiartering soldiers in private houses 48 Quelling frays and quarrels 53, 140 Quitting guards platoon or division, without leave 54, 143 R Railroad route to Pacific, provision for survey, Ac 424 Bangers, mounted, battalion of, to be raised 176, 200, 209, 306, 481 organization of. 215 to be discharged 310 widows and children of, entitled to 5 years' half-p{iy....325 Bank, how officers shall take, in ten regiments 375 Eations, allowance of, to officers 61, 63, 81, 83, 85, 91, 94, 101, 164, 234, 377 soldiers „.61, 63, 81, 83, 94, 101, 164, 234 women attached to companies 102 matrons and nurses in hospitals 102 subalterns increased 220, 248 troops on the frontiers may be increased. ..75, 81, 83 increase repealed 84 additional, to officers commanding separate posts 85, 102, 350 for every five years' service 335, 342 to whom allowed 350 quartermaster-general and adjutant-general 377 paymaster-general and surgeon-general 341 or back rations for time past, not allowed 341 comi30sition of ...61, 81, 96, 102, 129, 178, 335 President may alter 260 money in lieu of. 61, 91, 181 commutation price of. 166, 443 to paymaster's clerks _....420 to chaplains 335 Eecruits, premium for procuring or enlisting 62, 63, 80, 83, 91, 95, 103,. 204, 205, 217 abolished 310 Index. 475 Recruiting service, suspension of. 176 Receipts, duplicates to be taken ". ■. 446 Redress of grievances of commissioned officers 53, 56, 142 inferior officers and soldiers 53, 142 Re-enlisting before discharge, reputed desertion '. „...52, 139 bounty for 76, 425 Re-enlisted men, penalty for receiving before discharge 52, 139 Refusal to receive prisoners '. 55, 58, 151 Regulations, general, to be prepared 212 to be binding until altered 212 recognized and re-established 246 subject to be altered 247 "Relatives" defined to be brothers and sisters 382 Release and escape of prisoners , 55, 58, 151 Relieving the enemy, penalty for ;...54, 146 Relinquishment of bounty land for pensions 241, 256 Reprimand for using oaths 134 Reproachful and provoking speeches 59, 139 _ Retainers subject to the rules and discipline of war 54, 148 Retiring to tent or quarters 54, 144 Retreat, all enlisted men to retire to quarters at beating of 54, l44 Returns, false, penalty for making 52, 138 monthly, to be remitted to congress 52 war department 138 neglecting or omitting to make 139 of money to be made .' 175 Recruits, oaths to be administered to 52, 136 rules and articles of war to be read to 52, 136 bounty to 62, 63, 80, 87, 91, 95, 103, 176, 178, 204, 206, 217, 368 Regiments, ten to be raised 368 same to be discharged at the close of the Mexican war 369 ten organized 374 to be discharged at the end of Mexican war 378 consolidation of, authorized 378 two of infantry and two of cavalry authorized ....429 RegimentaJ quartermaster, one to be taken from the subalterns of the line for each regiment -. 368 his pay and allowances 368 Receivers in Mexico, all who engaged as such, to be paid 423 Revolution, relief of officers and men of 296, 303 Resistance to military superiors 52, 135 Revenue cutters, pensions to persons serving in 225 Riflemen, organization of a regiment of. 163; 218 battalion of 94 three regiments of, to be raised 218 one " " ■" 361 organization of 361 pay ^nd allowances of 361 mounted 375 Fremont's, to be paid 420 board to settle claims of. 420 extra pay to, on Oregon route 423 476 Index. Riley, general, an act to settle his accounts, Ac 422 Ripley, brigadier-general, gold medal voted to 235 Rules and articles of war, 1776, established 61 repealed 156 1806, established 130 alterations of 19i officers to subscribe to 51, 134 to be read to recruits at time of enlisting 52, 136 to be read to the troops once in two months 56 once in six months 156 declared applicable 57, 59, 61, 81, 84, 103, 155, 178, 186, 205, 286, 429, 482, 483 s Safe guards, forcing 54, 146 Sappers, miners and pontoniers, organization of 359 subject to rules and articles of war 360 on same footing with other U. S. troops. ...360 to be attached to and officered from the corps of engineers 360 duties of 360 vehicles, pontons, &c. for their use, by whom prescribed 361 who served in Mexico, entitled to hon- orable discharge..- 398 Scandalous behavior " 59 Scrip, bounty land or, to soldiers in Mexican war 369 Scott, major-general, gold medal voted to; 235, 392 and thanks voted to 392 Seamen and marines in the navy, pay of 228 ■Secretary of war, duties of '. 60, 108, 210, 484 to prescribe general regulations ■. 212 • compensation of, $8,000 per annum 423 to report annually to congress expenditures of departm't, 322 list of employees in " 350 military, commanding general, may appoint 365, 445 Sentence of death 56, 58, 59, 152 general court-martial, how to be acted upon 55, 66, 68, 83, 103, 146, 152 Sentinels, sleeping on post 54, 144 Selling, embezzleing, or misapplying stores 54, 143 losing, or spoiling horses, arms, clothing, or accoutrements 64, 143 or wasting ammunition by enlisted men 54, 143 Servants, private, of officers, allowance for 177, 247 nuniber fixed 220 Service, length of, how computed 419, 484 Shelby, Governor, thanks of congress and gold medal voted to 269 Ships, private armed, pensions to persons serving in. ...207, 216, 218, 256, 260 Sites, military, (see Military Sites.) Sleeping on post, penalty for 54, 144 Index. 477 Somers, brig, an act for relief of widows, &c. of tHe crew of .392 Special minister to Great Britain 343 Spies, punishment of 156 Spoiling cultivated grounds 54, 146 Standards taken from the enemy to be preserved 226 Staff, general, organization of, as such 211, 244, 268, 332 officers of, authorized 62, S3, 84, 88, 95, 100, 177, 194, 195, 202, 283, , 284, 331, 332 clothed with brevet rank , 211 officers of, not to hold commissions of equal rank in the line ■ 364 additional officers of, authorized temporarily I....364 department or corps, promotions in 416 Stationary to adjutant-general 100 Stores, public, taken from the enemy to be preserved '. 54, 146 sale or misapplication of 54, 143 safe keeping of 210 unserviceable, inspection and sale of. 292 Storekeepers, military, to be appointed 211, 245, 285, 348, 444 number and pay of, limited '. 348 increased • 444 to give security ■ 348, 444 at Watertown 398 Little Eock 407 of ordnance, pay limited 337 in California, Oregon, and New Mexico, pay of, 423 pay of, increased 443 Stripes and lashes authorized 52, 59, 152 abolished 194 revived in oases of desertion 310 Striking superior officers 52, 136 Summons, what constitutes a 227 Superintendence of military academy 106 civil, of armories to be contrasted with military 423 Sutlers not to have a lien on soldiers' pay 375 Sword voted to generals Butler, Henderson, Twiggs, Worth, and Quit- man, and to nearest male relative of general Hamer 380 , general Wool 428 to col. Croghan, capt. Jas. Hunter, lieuts. C. A. Baylor, John Meek, ensigns J. Duncan, and Edmund Shipp 319 Swearing falsely punished as perjury 289 System of cavalry tactics to be prepared by secretary of war 295 Sub-legions, organization of- ; 80 Subsistence, allowance of, to officers 61, 63, 81. 83, 86, 91, 92, 96, 102, 163, 164, 234, 335 soldiers 61, 63, 81, 83, 95, 101, 163, 164, 234, 336 rate of commutation for -61, 81, 166, 181, 443 to be provided by conti-act 259 commissary -general of, to be appointed 269 to have franking privilege 260 and assistants not to deal in 260 duties of — to give bond, 259 commissaries of, to be appointed 285, 299, 333, 406 assistant commissaries of, subject to do duty in quarter- master's department 285 for volunteers and militia, money in lieu of 365 money arising from sale of, how to be disposed of..., 407 Subalterns, number of, to a company 375 Suit to be brought when demanded 296 Suits, agent of the treasury tp- superintend 277 Summary process against delinquents 278 not to have retrospective effect on sureties 279 statement of money to be rendered 175 Supplies, public purveyor of,.*o be apfiointed 76 duties of 76 office abolished 185 478 Index. Suppression of mutiny 52, 135 insurrections 64, 77, 162 Superintendent of national armories to be appointed 73, 98, 250 compensation fixed 338 abolished 347 civilians appointed as such -127 Surgeon-general, appointment authorized 88, 92, 212, 259, 286 rations and forage for 222, 3+2 number of servants of. 221 to have franking privilege ^ 336 salary 259 increased ....' 443 Surgeons to be appointed.. 177, 286 hospital and mates to be appointed 92, 129, 177, 247 post, to be appointed ;247 assistant, to be appointed 286, 324, 397, 484 ten, discharged 349 to be attached to garrisons and posts 100, 129 to appoint stewards, nurses, &c 92 and assistants to be approved by a medical board 315 additional, may be appointed '. 306, 324, 338, 484 two discharged 349 and assistants, additional, may be appointed temporarily «363 one and two assistants to be added to each of the ten regiments, 369 two more, and twelve assistants to be appointed in the army 369 act to discharge, repealed 384 their pay and allowances. ...338, 369 not entitled to command in the line or staiT departments of the army '. 369 and assistants, pay of 338, 369 Suspension from command , 59, 152 T Tactics, system of, for cavalry and artillery to be prepared „ 295 infantry, 60,000 copies to be procured 299 systems of, to be distributed to states and District of Columbia 299 Teachers, (see Military Academy.) President may appoint, to military academy 91 Teamsters for various regiments ." 375 Term of enlistment, (.see Militia) , 368, 481 office of certain oificers limited 276 Texas, payment of troops called out by Col. Curtis 393 volunteers for .' 481, 482, 483 Time of service, in computing, twenty miles considered a day 438 Taylor, major-general, thanks and medal voted to 367, 380, 393 Thanks of congress voted to major-generals Brown, Gaines, Macomb and Jackson and officers and men 235 major-general Harrison and Gov. Shelby 269 Scott 392 Taylor 367, 380, 393 general Wool 428 Titles of sites or lands, (see Military Sites.) Topographical engineers, appointment of, authorized 211 pay and emoluments of 212 three to each division of the army 244 pay and emoluments 246 retained without alteration at the reduction of 1821 284 organization and increase of 331 vacancies in, how to be filled 331 Index. 479 Topographical engineers to make disbursement on public works under • their superintendence 337 shall not be employed on civil works 338 not allowed to engage in service of incorpo- ' rated companies 338 head of, to have franking privilege 336 Traitorous or disrespeetful'words against congress, &c 62 Traveling allowances to discharged oiEoers and soldiers 96, 106, 180, 205 Transfer of appropriation limited and restrained 266, 274, 420 Treasury, better organization of 277, 445 agent to be appointed to superintend suits against debtors 277 Treasurer safely to keep moneys deposited 446 Troops to be governed by established rules and articles of war, &c 61 at close of Mexican war to be transported to most convenient . places 393 Trills not to take place the second time for the same offence 152 • persons not liable to, for offences of more than two years' standing. ..152 hours for conducting 66, 58, 150 Trophies to be deposited in armory in "Washington city 430 Twiggs, general, thanks of congress and sword voted to 380 u Uniform of the army, President authorized to prescribe 156 clothing, {see Clothing.) Utah, volunteers for 482 Vacancies in the army and navy to be filled 94 certain, corps of the army not to be filled 386 same provision repealed... 397 Vice-President of the U. States, penalty for speaking disrespectfully of. 135 Violence to persons bringing supplies to camp or garrison 54, 145 to superiors on duty, penalty for offering , 52, 136 Vessels, public armed, President authorized to complete 343, 368 Volunteers, President authorized to accept the services of. 87, 181, 323, 343, 368, 481 exempt from militiadufy 88 to serve twelve months 368 to furnish their own clothes, horses and equipments 368 to be armed at the expense of the United States 368 subject to the rules and articles of war 368 money in lieu of clothing for 358, 366 officers of, how appointed 358 organization of '. » 358, 363, 365 . provision for invalids and wounded of 181, 368 to have the organization, pay, Ac. of the U. States army 368 allowed pay for use and risk of their horses 368 not keeping supplied with horses, to serve on foot 358 President to organize into brigades and divisions 363 organization of a battalion of 363 company of. 363 money in lieu of subsistence^and forage for 365 and militia, secretary of war to refund to states and indi- viduals expenses incurred in fitting out, Ac. 367, 383 called out by Gen. Gaines to be paid.. 367 to have same pay, Ac. as regulars 207, 320 certain, to be paid 367 480 Index. Volunteers, clothing in kind to, in lieu of commutation therefor 381 money in lieu of subsistence to be paid to certain, or to their representatives 396 Fremont's, in Mexican war, to have benefit of certain acts 427 bounty lands to those who served as sucli for 14 days '433 for Texas and Utah 481 Visitors, board of, to Military Academy 366 Voltiguers and foot riflemen 368 Wabash, an act for the relief of those who served in campaign on the 186 "Waiters of officers, allowance for 202, 247 numbers fixed 3.220 Whipping, limitation of 56, 5fl, 152 abolished 194 re-established , 310 Witnesses to be examined on oath 55, 150 refusing to testify 55 Indians made competent, ! 379 Widows and orphans, provision for 75, 86, 104, 179, 205, 214, 241, 291, 321, 325, 328, 339, 355, 395, 421, 433, 439 of*militia, provision for 214, 241, 256 entitled to bounty land 229 of revolutionary soldiers, pensions for 342, 355, 381, 422, 428 to cease on marriage 381 of persons who died, &a. in naval service 306 not to receive pension for same time their husbands' had it .... 354 Wounds, respecting 61, 81, 83, 104, 179, 205, 242, 270 and disabilities, provision for 81, 429 Worship, divine, attendance at 51, 134 Worth, general, sword voted to 380 Wrongs of officers, redress of 53, 56, 142 inferior officers and soldiers, redress of 53, 142 Wagon-masters authorized , 185, 212 pay of, 185, 333 not to deal in means of transportation 185 abolished 259 re-established 333 ■ and teamsters, bounty lands to 433 Waste and spoil not to be committed 54, 146 sale of ammunition 54, 143 Watch-word, imparting, to persons not entitled to it, or giving a wrong one 54, 145 War department, establishment of 59 secretary of, his duties 60, 210, 212 chief clerk, his duties 60 regulations of, with treasury department 287 Warrants, military land, to be issued 192 remedy for loss 248 made assignable : 417, 434 time for procuring, extended 258 of distress against individuals 278 appeal from ., 280 where, may be located '. 434 Wool, general, thanks of congress and sword' voted to 428 APPENDIX. Thirty-Fifth Cong., First Sess., Ch. 13, 1858. Chapter 13.*— Approved, April 7, 1858.— Vol. 11, p. — . 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 Presideiit to call into the service of the United States two additional regiments of vol- unteers. 1. One regiment of mounted volun- teers for the protection of the frontier of Texas. Organization, &o. 2. Subject to rules of war; how arm- ed ; pay and allowances. 3. Two regiments authorized to quell disturbances in Utah,