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any sum not exceeding three hundred dollars, and be imprisoned for any term not exceeding one year.!
Sec. 19.? That there shall be appointed to each division a judge-advocate, who shall be entitled to the same pay and emoluments as a major in the infantry; or, if taken from the line of the army, shall be entitled to thirty dollars per month in addition to his pay, and the same allowance for forage as is allowed by law for a major of infantry.
SEC. 21. That no non-commissioned officer, musician, or private, during the term of his service, shall be arrested on mesne process, or taken or charged in execution for any debt or debts contracted before enlistment, which were severally under twenty dollars at the time of contracting the same, nor for any debt whatever contracted after enlistment.
Sec. 23. That the subsistence of the officers of the army, when not received in kind, shall be estimated at twenty cents per ration.”
[Approved, January 11, 1812.]
CHAPTER 21.- Approved, February 6, 1812.-Vol. 2, p. 676.
An Act authorizing the President of the United States to accept and organize certain
volunteer military corps. 4
[The first four sections of this act are identical with the first four of chap. 15, 24 Feb. 1807.]
Sec. 5. That if any officer, non-commissioned officer, musician, or private, shall be disabled, by wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalid pensioners of the United States, at such rate of pension and under such regulations as are or may be directed by law: Provided, always, That the compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed, for the highest rate of disability, half the monthly pay of such officer at the time of his being wounded or disabled, and that no officer shall receive more than the half pay of a lieutenant-colonel; and that the rate of pension to non-commissioned officers, musicians, and privates, shall not exceed $56 per month: And provided, also, That all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability.
Sec. 6. That the heirs and representatives of any non-commissioned officer or soldier who may be killed in action or die in the actual service
1 See sec. 19, chap. 9, 16 March, 1802, and sec. 5, chap. 43, 12 April, 1808.
? Appointed' " for the Army," by the 2 March, 1849, chap. 83, sec. 4, p. 351; and see seo. 6, chap. 20, 17 July, 1862.
3 30 cents by 21 Feb. 1857, chap. 55.
5 Increased to $8.
of the United States, shall be entitled to receive one hundred and sixty acres of land, to be designated, surveyed, and laid off at the public expense, in such manner and upon such terms and conditions as may be provided by law.
Sec. 7. That upon the discharge of any non-commissioned officer, or soldier, who shall bave been accepted under the provisions of this act, and shall have been in actual service for a period not less than one month, and shall have obtained from the commanding officer of his company, battalion, or regiment, a certificate that he had faithfully performed his duty while in service, such non-commissioned officer or soldier, if attached to the artillery or infantry, shall be presented with a musket, bayonet, and other personal equipments, or, if attached to the cavalry, with the sabre and pistols furnished him by the United States, as a public testimonial of the promptitude and zeal with which he shall have volunteered in support of the rights and honor of the country.
Sec. 8. That the sum of $1,000,000 be appropriated to defray the expenses which may be incurred under the provisions of this act, to be paid out of any money in the treasury not otherwise appropriated.
[Approved, February 6, 1812.]
CHAPTER 31.- Approved, February 24, 1812.-Vol. 2, p. 685.
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.2
That whenever, in the opinion of the President of the United States, it is expedient to mount the light artillery, or any part thereof, horses and accoutrements shall be provided to equip the whole, or such part as he may direct; and when the non-commissioned officers, musicians, artificers, and privates, are so equipped, the officers shall be entitled to the same forage as is now provided for the officers of the same grade in the regiment of light dragoons: Provided, The officers furnish their own horses and accoutrements, and actually keep in service the same number of horses, to entitle them to the aforesaid allowance for forage, or its equivalent in money.
Sec. 2. That whenever the said light artillery are ordered to be mounted, there shall be provided one saddler and one farrier to each company, who shall be entitled to the same pay and emoluments as are now provided for saddlers and farriers in the regiment of light dragoons.
CHAPTER 42.- Approved, March 17, 1812.-Vol. 2, p. 695.
An Act supplementary to "An Act to raise an additional military force."
That the non-commissioned officers, musicians, and privates of the light dragoons, shall receive the same uniform clothing as is now provided by
1 See chap. 138, 6 July, 1812
2 See chap. 43, 12 April, 1808.
law for the artillery and infantry, excepting one pair of gaiters, and four pairs of shoes, in lieu of which each person shall be annually entitled to receive one pair of boots, and two pair of shoes.
Sec. 2. That the non-commissioned officers, musicians, and privates, of the regiment of light artillery, shall receive the same clothing as the light dragoons, when ordered to be mounted.
Sec. 3. That all the officers, excepting general officers, who may be appointed during the present session of Congress, under the “Act to raise an additional military force," shall take rank in such manner as the President of the United States shall direct, without regard to priority of appointment.
[Approved, March 17, 1812.]
CHAPTER 46.- Approved, March 28, 1812.–Vol. 2, p. 696.
An Act to establish a Quartermaster's Department, and for other purposes.
That there be, and hereby is, established a quartermaster's department for the army of the United States, to consist of a quartermaster-general, four deputy quartermasters, and as many assistant deputy quartermasters as, in the opinion of the President of the United States, the public service may require; the quartermaster-general and deputy quartermasters to be appointed by the President, by and with the advice and consent of the Senate; and the assistant deputy quartermasters by the President alone. And he hereby is authorized moreover to appoint such additional number of deputy quartermasters, not exceeding four, to be taken from the line or not, at his discretion, as in his judgment the public service may require.
SEC. 2. That, the quartermaster-general shall be entitled to the rank, pay, and emoluments? of a brigadier-general, (under the act of the twelfth of April, one thousand eight hundred and eight,) with forage for two additional horses; the deputy quartermasters, when not taken from the line,' shall be entitled to receive sixty dollars per month, five rations per day, and forage for two
1 During the absence of the quartermaster-general the President may appoint some one to perform his duties, by the 4 July, 1836, chap. 356.
This section (1) as to subordinate officers seems to be entirely changed, as to the number of officers, by the 2 March, 1821, chap. 13, sec. 7.
For additional appointments to see 2 March. 1821, chap. 13. sec. 7: the 18 March. 1826, chap. 74, sec. 4, and the 5 July, 1838, chap. 162, sec. 9.
The appointments in the quartermaster's department to be taken from the army by the 5 July, 1838, chap. 162, sec. 9.
* For the present organization of the quartermaster's department, see sec. 3, chap. 42, 3 Aug. 1861,
2 An allowance for office rent, fuel, &c., by the secretary at war, by the 22 May, 1812, chap. 92, sec. 4.
3 Ch. 43, sec. 4: viz., $104 per month, 12 rations a day, or an equivalent in money, and $16 per month for forage, when not supplied by the public; now $124 per month, &c.
4 The latter part of this section (2) seems entirely repealed by the 2 March, 1821, chap. 13, sec. 7.
horses, but if taken from the line, then such additional pay and emoluments as shall be equal to the foregoing provision; the assistant deputy quartermasters, when not taken from the line, shall be entitled to and receive forty dollars per month, three rations per day, and forage for one horse, but if taken from the line, then such additional pay and emoluments as shall be equal to the foregoing provision.
Sec. 3. That, in addition to their duties in the field, it shall be the duty of the quartermaster-general, his deputies, and assistant deputies, when thereto directed by the secretary of war, to purchase military stores, camp equipage, and other articles requisite for the troops, and generally to procure and provide means of transport for the army, its stores, artillery, and camp equipage. That the quartermaster-general shall account as often as may be required, and at least once in three months, with the department of war, in such manner as shall be prescribed, for all property which may pass through his hands, or the hands of the subordinate officers in his department, or that may be in his or their care or possession, and for all moneys which he or they may expend in discharging their respective duties; that he shall be responsible for the regularity and correctness of all returns in his department, and that he, his deputies and assistant deputies, before they enter on the execution of their respective offices, shall severally take an oath faithfully to perform the duties thereof.
Sec. 4. That there shall be a commissary-general of purchases, and as many deputy commissaries as, in the opinion of the President of the United States, the public service may require, to be appointed by the President, by and with the advice and consent of the Senate.
Sec. 5. That it shall be the duty of the commissary-general of purchases, under the direction and supervision of the secretary of war, to conduct the procuring and providing of all arms, military stores, clothing, and generally all articles of supply requisite for the military service of the United States; and it shall be the duty of the deputy commissaries, when directed thereto, either by the secretary of war, the commissary-general of purchases, or, in cases of necessity, by the commanding general, quartermaster-general, or deputy quartermasters, to purchase all such of the aforesaid articles as may be requisite for the military service of the United States.
Sec. 6.* That neither the quartermaster-general, nor the commissary
i See, for further duties and accountabilities, the 3 March, 1813, chap. 48; the 3 March, 1817, chap. 45, and the 18 May, 1826, chap. 74.
2 This office abolished, and its duties transferred to the quartermaster's department, by 23 Aug. 1842, chap. 186, sec. 3, vol. 5, p. 513.
3 See note to sec. 4.
general, shall, directly or indirectly, be concerned or interested in carrying on the business of trade or commerce, or be owner, in whole or in part, of any sea vessel; nor shall either of them purchase, by himself, or another in trust for him, public lands, or any other public property, or be concerned in the purchase or disposal of any public securities of any state, or of the United States, or take, or apply to his own use, any emolument or gain, for negotiating or transacting any business in the said department, other than what shall be allowed by law; and if either the said quartermaster-general, or commissary-general, shall offend against any of the prohibitions of this act, the parties so offending shall, upon conviction, forfeit to the United States the penalty of $3000, and may be imprisoned for a term not exceeding five years, and shall be removed from office, and be forever thereafter incapable of holding any office under the United States.
Sec. 7. That the salary of the commissary-general of purchases shall be $3000 per annum; and the compensation to a deputy commissary shall not exceed two and one-half per centum on the public moneys disbursed by him, nor, in any instance, the sum of $2000 per annum.
Sec. 8. That the commissary-general of purchases shall, before he enters upon his duties, give bond, with sufficient surety, to be approved of by the secretary of war, in the sum of $50,000, and the deputy commissaries, each, in the sum of $10,000, with condition for the faithful performance of the duties of their office, respectively; which bonds shall be lodged with the comptroller of the treasury.
Sec. 9. That from and after the last day of May next, so much of the act, entitled “An act to establish the office of purveyor of public supplies," as relates to the appointment and services of a purveyor of public supplies, be and the same is hereby repealed; and in the mean time the purveyor shall deliver over to the commissary-general, or one of his deputies, the public stores and property of all sorts in his possession, who shall receipt to him for the same.
Sec. 10. That all letters and packets, to and from the quartermastergeneral and commissary-general, shall be free from postage.?
Sec. 11.3 That there be allowed, for the compensation of the necessary clerks in the quartermaster-general's office, a sum not exceeding $1500 a year; and for the compensation of the clerks of the commissary-general, a sum not exceeding $1700 per annum, with such books and stationery as may be necessary to the quartermaster-general's and commissary-general's departments.
Sec. 12. That the quartermaster-general be authorized to appoint a principal wagon-master, and as many wagon-masters as he may judge necessary for the service of the army, not exceeding one to each brigade, whose duty it shall be, under the direction of the quartermaster-general, or any of his deputies, to provide and conduct the wagons, and other means of transport, necessary and proper for the military service of the United States.
Sec. 13. That no wagon-master shall, directly or indirectly, be concerned or interested in any wagon, or means of transport, employed in the service of the United States, nor in the purchase or sale of any horses, harness, wagons, or other means of transport, procured for, or belonging to, the United States, except as agent for the United States.
Sec. 14. That the principal wagon-master shall be entitled to receive $40
1 23 Feb. 1793, chap. 27, ante.