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SEC. 2. That, for defraying the expenses thereof, the sum of $11,250 be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated.

[Approved, July 1, 1812.]

CHAPTER 133.-Approved, July 6, 1812.-Vol. 2, p. 782.

An Act respecting the pay of the Army of the United States.1

That the officers, non-commissioned officers, musicians, and privates, of the army of the United States, shall receive the same pay, forage, rations, clothing, and other emoluments, as the officers of the same grade and corps, non-commissioned officers, musicians, and privates, are entitled to by the act entitled "An act to raise, for a limited time, an additional military force," passed April 12, 1808; and to the aid-de-camp of a brigadier, to a brigadequartermaster, brigade-inspector, and adjutant, there shall be allowed forage for one horse only, or, in lieu thereof, $10 per month; and to the brigade-majors, under the act passed January 11, 1812, there shall be allowed forage for one horse, or, in lieu thereof, $10 per month; and the pay of a quartermaster-sergeant shall be $9 per month.5

CHAPTER 137.-Approved, July 6, 1812.-Vol. 2, p. 784.

An Act making further provisions for the Army of the United States, and for other рипровев.6

4. Brevet rank. No additional pay, &c., unless to commanders of separat eposts, &c.

That the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint two brigadiergenerals, in addition to those already authorized by law, who shall each be entitled to the same number of aids and brigade-majors as are allowed to a brigadier-general under the act of Congress passed the 11th of January, 1812. And the said brigadier-generals, aids, and brigade-majors, shall be entitled to receive the same pay and emoluments as are by law allowed to officers of the same grade.

SEC. 2. That to any army of the United States, other than that in which the adjutant-general, inspector-general, quartermaster-general, and paymaster of the army shall serve, it shall be lawful for the President to appoint one deputy adjutant-general, one deputy inspector-general, one deputy quartermaster-general, and one deputy paymaster-general, who

1 Superseded by act of 3 March, 1815, chap. 79, which adopts the provisions of the same act in respect to pay, &c.

2 Chap. 43, ante.

4 Chap. 14.

3 See 22 July, 1813, chap. 17.

5 $17 by act of July, 1838, chap. 162, sec. 16.

6 The first and second sections of this act, relating to organization and pay, are superseded by the provisions of the act of 3 March, 1815, chap. 79.

7 See, as to brigadiers, the act reorganizing the army, 2 March, 1821, chap. 13, and the 16 March, 1802, chap. 9, n., and see sec. 3, chap. 24, 29 July, 1861.

See, for adjutant-general, the 2 March, 1821, chap. 13, sec. 6, and see sec. 2, chap 42, 3 Aug. 1861.

shall be taken from the line of the army, and who shall, each, in addition to his pay and other emoluments, be entitled to $50 per month, which shall be in full compensation for his extra services. And that there shall be, to each of the foregoing deputies, such number of assistant deputies (not exceeding three to each department) as the public service may require, who shall, in like manner, be taken from the line, and who shall, each, be entitled to $30 per month, in addition to his pay and other emoluments, which shall be in full compensation for his extra services: And provided, also, That the President of the United States be, and he is hereby, authorized to appoint any of the officers named in this act during the recess of the Senate, to be submitted to the Senate, at their next meeting, for their advice and consent.

SEC. 3. That all letters and packages to and from the adjutant-general and inspector-general shall be free from postage.1

SEC. 4. That the President is hereby authorized to confer2 brevet rank on such officers of the army as shall distinguish themselves by gallant actions or meritorious conduct, or who shall have served ten years in any one grade:3 Provided, That nothing herein contained shall be so construed as to entitle officers so breveted to any additional pay or emoluments, except when commanding separate posts, districts, or detachments, when they shall be entitled to, and receive, the same pay and emoluments to which officers of the same grades are now or hereafter may be allowed by law.

SEC. 5. That the officers who shall not take waiters from the line of the army shall receive the pay, clothing, and subsistence allowed to a private soldier, for as many waiters as they may actually keep, not exceeding the number allowed by existing regulations.

[Approved, July 6, 1812.]

CHAPTER 138.-Approved, July 6, 1812.-Vol. 2, p. 785.

An Act supplementary to the Act entitled “An Act authorizing the President of the United States to accept and organize certain volunteer military corps."

That in all cases where volunteers have offered or hereafter shall offer

1 By the Post-office law of 3 March, 1845, chap. 43, sec. 3, the franking privilege was abolished, and in consideration of an annual payment by the Treasury to the Post-office Department, the mails of the several Executive Departments are to be transmitted as before, upon the endorsement of the proper officer that it is on "official business."

2 With consent of the Senate, the 16 April, 1818, chap. 64, sec. 2.

3 This clause in italics repealed by the 30 June, 1834, chap. 132, sec. 9.

4 When on duty, and having command, by the 16 April, 1818, chap. 64.

5 This section as to waiters is supplied by 30 March, 1814, chap. 37, secs. 9 and

10. and the 24 April, 1816, chap. 69, sec. 12.

6 See chap. 200. July, 1862.

7 Repealed by chap. 16, sec. 18, 29 Jan. 1813.

8

Chap. 21, 26 Feb. 181.

their services to the United States, under the act entitled "An act authorizing the President of the United States to accept and organize certain volunteer military corps," it shall be lawful for the President of the United States to appoint and commission officers thereto, by and with the advice and consent of the Senate, any thing in the said act to the contrary notwithstanding: Provided, That prior to the issuing of such commissions, the volunteers aforesaid shall have signed an enrolment binding themselves to service, conformably to the provisions of the act to which this is a supplement.

SEC. 2. That the President be, and he is hereby, authorized to form the corps of volunteers into battalions, squadrons, regiments, brigades, and divisions, and to appoint thereto, by and with the advice and consent of the Senate, general, field, and staff officers, conformably with the military establishment of the United States, and who shall be entitled to the pay and emoluments of officers of a similar grade and corps in the army of the United States.

SEC. 3. That it shall be lawful for the President of the United States, in the recess of the Senate, to appoint all the officers authorized by this act, which appointments shall be submitted to the Senate, at their next session, for their advice and consent.

SEC. 4. That in case the volunteers, when their term of service shall have expired, shall deliver their stand of arms and accoutrements in good order to the proper officer, they shall be entitled to receive in lieu thereof $10 for every stand of arms so delivered.

[Approved, July 6, 1812.]

CHAPTER 4.-Approved, December 12, 1812.-Vol. 2, p. 788. An Act increasing the pay of the non-commissioned officers, musicians, privates, and others of the Army, and for other purposes.1

That from and after the 31st day of December, 1812, the monthly pay of the non-commissioned officers, musicians, privates, drivers, bombardiers, matrosses, sappers, miners, artificers, saddlers, farriers, and blacksmiths, who have enlisted, or shall hereafter enlist, in the service of the United States, shall, during the continuance of the war between the United States of America, and their territories, and the United Kingdom of Great Britain and Ireland and the dependencies thereof, be as follows, to wit: To each sergeant-major and quartermaster sergeant, $12; to each sergeant and principal musician, $11; to each corporal, $10; to each musician, $9; to each private, driver, bombardier, matross, sapper, and miner, $8; to each artificer, saddler, farrier, and blacksmith not attached to the quartermaster-general's and ordnance department, $13.

SEC. 2. That, during the continuance of the war with Great Britain, no non-commissioned officer, musician, private, driver, bombardier, matross, sapper, miner, artificer, saddler, farrier, or blacksmith, enlisted in the service of the United States, during his continuance in service, shall be arrested, or subject to arrest, or to be taken in execution, for any debt before or after enlistment.

1 Rendered obsolete by the termination of the war. For pay, subsequently, see provisions of the act of 3 March, 1815, chap. 79, and chap. 247, 4 Aug. 1854, and for privates see sec. 1, chap. 63, 6 Aug. 1861.

SEC. 3. That every non-commissioned officer, musician, and private, who shall, after the promulgation of this act, be recruited in the regular army of the United States, may, at his option, to be made at the time of enlistment, engage to serve during the present war with Great Britain, instead of the term of five years; and shall, in case he makes such option, be entitled to the same bounty in money and land, and to all other allowances, and be subject to the same rules and regulations, as if he had enlisted for the term of five years.

[Approved, December 12, 1812.]

CHAPTER 12.-Approved, January 20, 1813.-Vol. 2, p. 791.

An Act1 supplementary to the Act entitled “An Act for the more perfect organization of the army of the United States."2

That the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint one additional major to the first regiment of light dragoons, the regiment of light artillery, each regiment of infantry, and the rifle regiment in the army of the United States, who shall receive the like pay, rations, forage, and other emoluments, as officers of the same grade and corps of the present establishment.

SEC. 2. That there be appointed, in manner aforesaid, one third lieutenant to each troop or company in the army of the United States, who, if of cavalry or light dragoons, shall receive the monthly pay of $30, and of other corps, $23, and be allowed the same forage, rations, and other emoluments as second lieutenants of the same corps to which they belong.

SEC. 3. That there be allowed to each troop or company in the army of the United States, one additional sergeant, who shall receive the like pay, clothing, rations, and other emoluments, as sergeants of the present military establishment.

SEC. 4. That in order to complete the present military establishment to the full number authorized by law, with the greatest possible despatch, there shall be paid to each effective, able-bodied man, who shall be duly enlisted into the service of the United States, after the 1st day of February next, to serve for the term of five years, or during the war, an advance of $24, on account of his pay, in addition to the existing bounty, one half of such advance to be paid at the enlistment of the recruit, and the other half when he shall be mustered, and have joined some military corps of the United States, for service; and a bounty of one hundred and sixty acres of land, as heretofore established by law.3

SEC. 5. That the commissioned officers who shall be employed in the recruiting service shall be entitled to receive for every effective, ablebodied man, who shall be duly enlisted after the 1st day of February next,

1 The 1st, 2d, and 3d sections, as to additional majors, lieutenants, and sergeants, are supplied by the 2 Mar. 1821, chap. 13, and the bounty of $24 and 160 acres of land, of the 4th section, and no enlistment without consent of parents, of the 5th section, &c., are repealed and supplied fully by subsequent acts.

2 This act, except sec. 6, is superseded by that of 3 March, 1815, fixing the peace establishment of the United States.

3 So much of this section as relates to an advance of pay to recruits was specially repealed by 27 Jan. 1814, chap. 7, sec. 1.

by them, for the term of five years, or during the war, and mustered, and between the ages of eighteen and forty-five years, the sum of $4: Provided, nevertheless, That this regulation, so far as respects the age of the recruit, shall not extend to musicians, or to those soldiers who may re-enlist into the service: And provided, also, That no person under the age of twentyone years shall be enlisted by any officer, or held in the service of the United States, without the consent, in writing,1 of his parent, guardian, or master, first had and obtained, if any he have; and if any officer shall enlist any person contrary to the true intent and meaning of this act, for every such offence he shall forfeit and pay the amount of the bounty and clothing which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer.

SEC. 6.2 That it shall be lawful for any person, during the time he may be performing a tour of militia duty, to enlist in the regular army of the United States; and the recruiting officers are hereby authorized to enlist any such person, in the same manner, and under the same regulations, as if he were not performing such militia duty; and every person who shall enlist, while performing a tour of militia duty as aforesaid, shall be thereby exonerated from serving the remainder of said tour; and the state to which he may belong shall not be required to furnish any other person to serve in his stead.

[Approved, January 20, 1813.]

CHAPTER 16.-Approved, January 29, 1813.-Vol. 2, p. 794. An Act in addition to the Act entitled "An Act to raise an additional military force," and for other purposes.3

That, in addition to the present military establishment of the United States, there be raised such number of regiments of infantry, not exceeding twenty, as, in the opinion of the President, may be necessary for the public service, to be enlisted for the term of one year, unless sooner discharged."

SEC. 2. That each of the said regiments shall consist of one colonel, one lieutenant-colonel, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, one sergeant-major, one quartermaster-sergeant, two principal musicians, and ten companies.

SEC. 3. That each company shall consist of one captain, one first lieu

1 Repealed by sec. 3, chap. 10, 10 Dec. 1814; and see sec. 5, chap. 78, 20 Sept. 1850. 2 The 6th section of this act is the only section in force.

3 Superseded by the provisions of the act of 3 March, 1815, fixing the peace establishment. See chap. 79: sec. 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, are the same as sec. 10, 11, 13, 14, 15, 16, 18, 20, 22, and 24, of chap. 14, 11 January, 1812.

4 Ten companies of rangers authorized by chap. 31, 25 February, 1813, in lieu of one of the regiments provided for in this act.

5 See chap. 4, 5 July, 1813, sec. 1.

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