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the trust reposed in them; and shall take an oath faithfully to perform the duties of their respective offices.
Sec. 18.1 That if any non-commissioned officer, musician, or private, shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve, for and during such a period, as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court-martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried.
Sec. 19. That every person who shall procure, or entice, a soldier in the service of the United States to desert, or who shall purchase from any soldier his arms, uniform clothing, or any part thereof; and every captain or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of any court having cognizance of the same, in any sum not exceeding $300, or be imprisoned, any term not exceeding one year.
Sec. 20. That every officer, non-commissioned officer, musician, and private, shall take and subscribe the following oath or affirmation, to wit: *I, A. B., do solemnly swear, or affirm, (as the case may be,) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully, against their enemies or opposers whomsoever; and that I will observe and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and articles of war.”
Sec. 21.That whenever a general court-martial shall be ordered, the President of the United States may appoint some fit person to act as judgeadvocate, who shall be allowed, in addition to his other pay, $1.25 for every day he shall be necessarily employed in the duties of the said court, and in cases where the President shall not have made such appointment, the brigadier-general, or the president of the court, may make the same.
Sec. 22.8 That where any commissioned officer shall be obliged to incur any extra expense in travelling, and sitting on general courts-martial, he shall be allowed a reasonable compensation for such extra expense, actually incurred, not exceeding $1.25 per day to officers who are not entitled to forage, and not exceeding $1 per day to such as shall be entitled to forage.
Sec. 23.4 That no non-commissioned officer, musician, or private, shall be arrested, or subject to arrest, or to be taken in execution, for any debt under the sum of $20, contracted before enlistment, nor for any debt contracted after enlistment.
Sec. 24.5 That, whenever any officer or soldier shall be discharged from the service, except by way of punishment for any offence, he shall be allowed his pay and rations, or an equivalent in money, for such term of
1 The 18th, 19th, and 20th sections supplied by the 16th, 17th, and 18th sections of the 8 Jan. 1812, chap. 14, and of the articles of war, 10 April, 1806, chap. 20.
2 A judge-advocate is now appointed for the army, by the 2 March, 1849, chap. 83, sec. 4, and a judge-advocate general and judges-advocate for each army in the field, by act 17 July, 1862.
3 This extra expense is again provided for by the 11 Jan. 1812, chap. 14, sec. 20.
4 This exemption from arrest is re-enacted by the 11 Jan. 1812, chap. 14, sec. 21, and subsequent acts.
5 This section is supplied by the 11 Jan. 1812, chap. 14, sec. 22, and subsequent acts.
time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a
Sec. 25. That to each commissioned officer, who shall be deranged by virtue of this act, there shall be allowed and paid, in addition to the pay and emoluments to which they will be entitled by law at the time of their discharge, to each officer whose term of service in any military corps of the United States shall not have exceeded three years, three months' pay; to all other officers, so deranged, one month's pay of their grades, respectively, for each year of past service in the army of the United States, or in any regiment or corps now or formerly in the service thereof.
SEC. 26. That the President of the United States is hereby authorized and empowered, when he shall deem it expedient, to organize and establish a corps of engineers, to consist of one engineer, with the pay, rank, and emoluments of a major; two assistant engineers, with the pay, rank, and emoluments of captains; two other assistant engineers, with the pay, rank, and emoluments of first lieutenants: two other assistant engineers, with the pay, rank, and emoluments of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: and the President of the United States is, in like manner, authorized, when he shall deem it proper, to make such promotions in the said corps, with a view to particular merit, and without regard to rank, so as not to exceed one colonel, one lieutenant-colonel, two majors, four captains, four first lieutenants, four second lieutenants, and so as that the number of the whole corps shall, at no time, exceed twenty officers and cadets.
Sec. 27.* That the said corps, when so organized, shall be stationed at West Point, in the State of New York, and shall constitute a military academy; and the engineers, assistant engineers, and cadets of the said corps, shall be subject, at all times, to do duty in such places, and on such service, as the President of the United States shall direct.
Sec. 28. That the principal engineer, and in his absence the next in rank, shall have the superintendence of the said military academy, under the direction of the President of the United States; and the secretary of war is hereby authorized, at the public expense, under such regulations as shall be directed by the President of the United States, to procure the necessary books, implements, and apparatus for the use and benefit of the said institution.
1 See, for further organization and increase of, the 29 April, 1812, chap. 72, and the 5 July, 1838, chap. 162. It is recognized as it is now by the 2 March, 1821, chap. 13, and for salaries of professors, see the 3 March, 1851, ch. 22.
2 For extra services of a civil nature to allow them extra compensation. 15 Peters, 337, Gratiot vs. The United States. And for pay of the engineer corps, see same case. 15 Peters, 337. As allowed to the officers of the regiment of dragoons, by the 5 July, 1838, chap. 162, sec. 2.
3 The confining of the selection of the commander to the corps of engineers is repealed by the 29 April, 1812, chap. 72, sec. 6.
* And see 29 April, 1812, chap. 72, sec. 2.
Sec. 29. That so much of any act or acts now in force, as comes within the purview of this act, shall be, and the same is hereby, repealed; saving, nevertheless, such parts thereof as relate to the enlistments, or term of service, of any of the troops which by this act are continued on the present military establishment of the United States.
[Approved, March 16, 1802.]
CHAPTER 52.- Approved, May 3, 1802.—Vol. 2, p. 195.
An Act additional to and amendatory of "An Act entitled an Act concerning the Dis
trict of Columbia."
Sec. 13. That the President of the United States be authorized to cause the militia of the respective counties of Washington and Alexandria to be formed into regiments and other corps, conformably, as nearly as may be, to the laws of Maryland and Virginia, as they stood in force in the said counties, respectively, on the first Monday in December, in the year one thousand eight hundred; and that he appoint and commission, during pleasure, all such officers of the militia of the said District, as he may think proper; that he be authorized to call them into service, in like manner as the Executive of Maryland or Virginia were authorized in the counties of Washington and Alexandria, respectively, on the first Monday of December, one thousand eight hundred. And that such militia, when in actual service, be entitled to the same pay and emoluments as the militia of the United States, when called out by the President.
1 See further of instructors, the 20 July, 1840, chap. 5, sec. 2, and for the pay of, see 3 March, 1851, chap. 22.
See 9 May, 1794, chap. 24; 30 May, 1796, chap. 39; 3 Mar. 1797, chap. 16; 2 Mar. 1799, chap. 27; 3 Mar. 1799, chap. 48; 12 Mar. 1808, chap. 43; 11 Jan. 1812, chap. 14; 24 April, 1816, chap. 69; 2 Mar. 1821, chap. 13.
2 Chap. 15, 27 Feb. 1801.
[Approved, May 3, 1802.]
CHAPTER 13.-Approved, Feb. 28, 1803._Vol. 2, p. 206.
An Act in addition to an Act entitled “ An Act fixing the military peace establishment of
the United States."'l
That there be added to the regiment of artillerists, two teachers of music, whose pay, rations, and clothing, shall be the same as is by law allowed to the teachers of music in the regiments of infantry in the service of the United States.
Sec. 2. That the President of the United States be, and he is hereby, authorized to appoint one teacher of the French language, and one teacher of drawing, to be attached to the corps of engineers, whose compensation shall not exceed the pay and emolument of a captain in the line of the army.
Sec. 3. That the commanding officer of the corps of engineers be authorized to enlist, for a term not less than three years, one artificer, and eighteen men, to aid in making practical experiments, and for other purposes; to receive the same pay, rations, and clothing, as are allowed to the artificers and privates in the army of the United States; and the same bounty when enlisted for five years, and to be subject to the rules and articles of war.2
Sec. 4. That the President of the United States be, and he is hereby, authorized to allow to the paymaster of the army, the adjutant and inspector of the army, and the military agent at Philadelphia, such sums, not exceeding in the whole $3000, for clerk hire, as their respective duties may, in his opinion, reasonably require.
CHAPTER 15.-Approved, March 2, 1803.–Vol. 2, p. 207.
An Act in addition to an Act, entitled “An Act more effectually to provide for the na
tional defence, by establishing an uniform militia throughout the United States."'4
1. The adjutant-general of the militia in each state, to make returns to the Pre
sident annually, &c. The secretary of war to give directions to the adjutantgenerals, &c., and lay an abstract before Congress annually. 2. Citizens duly enrolled in the militia, to be constantly provided with arms, &c., after being notified, &c. Notice to muster, according to the laws of a state, &c., deemed a legal notice of enrolment. 3. Quartermasters and chaplains to the militia, &c.
That it shall be the duty of the adjutant-general of the militia,
1 Chap. 9, 16 March, 1802, ante. See 29 April, 1812, chap. 72, sec. 1. 3 Superseded by subsequent provisions in the civil list. * See act of May 8, 1792, chap. 33, ante.
in each state, to make return of the militia of the state to which he belongs, with their arms, accoutrements, and ammunition, agreeable to the directions of the act to which this is an addition, to the President of the United States, annually, on or before the first Monday in January, in each year: and it shall be the duty of the secretary of war, from time to time, to give such directions to the adjutant-generals of the militia, as shall, in his opinion, be necessary to produce an uniformity in the said returns, and he shall lay an abstract of the same before Congress on or before the first Monday of February, annually.
Sec. 2. That every citizen duly enrolled in the militia, shall be constantly provided with arms, accoutrements, and ammunition, agreeable to the direction of the said act, from and after he shall be duly notified of his enrolment; and any notice or warning to the citizens so enrolled, to attend a company, battalion, or regimental muster, or training, which shall be according to the laws of the state in which it is given for that purpose, shall be deemed a legal notice of his enrolment.
Sec. 3. That, in addition to the officers provided for by the said act, there shall be, to the militia of each state, one quartermaster-general, to each brigade one quartermaster of brigade, and to each regiment one chaplain.
[Approved March 2, 1803.]
CHAPTER 20.-Approved, March 3, 1803. — Vol. 2, p. 215.
An Act more effectually to provide for the organization of the Militia in the District
1. Militia of District of Columbia may be organized by the President of the United
States. 2. May appoint officers to cavalry, artillery, &c. Uniform, how to be provided. Conditions of enrolment. Whence he cannot withdraw, under a penalty of ten dollars. Legionary commanders--their duty. 3. Alterations in battalion and company districts, in what cases to be made. Militia districts--how designated. 4. Commanding officers of companies shall regulate duty, and how Removal of militiamen, how to be notified. Certificates of service provided. Penalty on refusal of certificate. 5. Officers shall be sworn into office. Oath. Oath, how certified. 6. Who shall be enrolled in the militia. 7. Mode of proceeding against delinquents. General courts-inartial, how constituted for superior
1 See supplementary act, chap. 113, 1 July, 1812.