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the United States, die, by reason of any wound received in actual service of the United States, and 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 and 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; but, 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 time shall go to the child or children of such deceased officer: Provided, always, That such half pay shall cease on the decease of such child or children.
Sec. 12. 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. 13. 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. 14. 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. 15. That whenever any officer or soldier shall be discharged from the service, except by way of punishment for an offence, he shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day.
Sec. 16. That there shall be appointed to each brigade one chaplain, who shall be entitled to the same pay and emoluments as a major in the infantry.
Sec. 17. That no field or staff officer, who may be appointed by virtue of this act, shall be entitled to receive any pay or emoluments until he shall be called into actual service, nor for any longer time than he shall continue therein.
Sec. 18. That the act entitled “ An act authorizing the President of the United States to accept and organize certain volunteer military corps," and the act entitled “An acta supplementary to the act entitled .An act authorizing the President of the United States to accept and organize certain volunteer military corps,'” be, and the same are hereby, repealed, from and after the 1st day of February next; Provided, That nothing herein contained shall be so construed as to deprive the officers and men who may have entered the service as volunteers, under the said acts, of any rights, immunities, or privileges therein secured, or the United States of the services of such volunteers, agreeably to the provisions of said acts.
[Approved, January 29, 1813.]
? Chap. 21, 6 February, 1812.
2 Chap. 138, 6 July, 1812.
CHAPTER 18.--Approved, February 2, 1813.—Vol. 2, p. 797.
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 invasions, and to repeal the Act now in force for those purposes," and to increase the pay of Volunteer and Militia Corps.
That, in every case in which a court-martial shall have adjudged and determined a fine against any officer, non-commissioned officer, musician, or private, of the militia, for any of the causes specified in the act to which this act is a supplement, or in the fourth section of an act entitled “An Act to authorize a detachment from the militia of the United States,”? all such fines so assessed shall be certified to the comptroller of the treasury of the United States, in the same manner as the act to which this act is a supplement directed the same to be certified to the supervisor of tbe revenue.
Sec. 2. That the marshals shall pay all fines which have been levied and collected by them, or their respective deputies, under the authority of the acts herein referred to, into the treasury of the United States, within two months after they shall have received the same, deducting five per centum for their own trouble ; and in case of failure it shall be the duty of the comptroller of the treasury to give notice to the district attorney of the United States, who shall proceed against the said marshal in the district court, by attachment, for the recovery of the same.
Sec. 3.3 That the non-commissioned officers, musicians, and privates, of volunteer and militia corps, who, subsequent to the 31st day of December, 1812, shall have been, or may hereafter be, called out, while in the service of the United States, shall, during the continuance of the present war between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories, be entitled to and receive the same monthly pay, rations, and forage, and furnished with the same camp equipage, as are or may be provided by law for the non-commissioned officers, musicians, and privates of the army of the United States.
i Chap. 36, 28 February, 1795, ante.
2 The section quoted does not specify any additional cause of fine, but merely de. clares the detachments to which it relates subject to the penalties of the “Act for calling forth the Militia," &c., 28 Feb. 1795, chap. 36. See chap. 82, 18 April, 1814.
3 This section expired with the war.
CHAPTER 24.- Approved, February 24, 1813.–Vol. 2, p. 801.
An Act making provision for an additional number of general officers.! That the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint six major-generals in addition to those already authorized by law, each of whom shall be allowed two aids-de-camp, to be taken from the officers of the line; and six brigadiergenerals, who shall be allowed a brigade-major and one aid-de-camp each, to be taken also from the officers of the line.
Sec. 2. That the officers authorized by this act shall receive the same pay, forage, rations, and other emoluments as the officers of the same grade of the present military establishment.
CHAPTER 31.- Approved, February 25, 1813.—Vol. 2, p. 804.
An Act to raise ten additional companies of rangers. That the President of the United States be, and he is hereby, authorized to raise ten additional companies of rangers, on the same provisions, conditions, and restrictions as those authorized to be raised by “An act authorizing the President of the United States to raise certain companies of rangers for the protection of the frontier of the United States,"? which said companies shall be in lieu of one of the regiments authorized to be raised by the act in addition to the act entitled "An act to raise an additional military force, and for other purposes," passed the 29th day of January, 1813.
CHAPTER 48.-Approved, March 3, 1813.-Vol. 2, p. 816.
An Act the better to provide for the supplies of the army of the United States, and for
the accountability of persons intrusted with the same. 4
That the third section of the act, entitled “ An act to provide for the erecting and repairing of arsenals and magazines, and for other purposes,"S passed on the 20 day of April, 1794, be, and the same is hereby, repealed, from and after the 31st day of March, 1813.
Sec. 2. That there shall be a superintendent-general of military supplies, who shall reside at the seat of government, and receive an annual salary of $3000; and whose duty it shall be, under the direction of the secretary for the war department, to keep proper accounts of all the military stores
1 Superseded by the provisions of the act of 3 March, 1815, fixing the peace establishment, chap. 76.
2 Act of 2 January, 1812, chap. 11.
3 Chap. 16; and see chap. 41, 2 August, 1813, for organization; also chap. 131, 15 June, 1832, and sec. 4, chap. 76, 2 March, 1833, and 3 March, 1815, chap. 79.
4 The 8th and 9th sections of this act were superseded by act of 3 March, 1815, chap. 79. The residue, with the exception of sec. 5, was repealed by act of 3 March, 1817, chap. 45. Sec. 5 confers general powers without limitation as to time, and doos not appear liable to be repealed incidentally. 5 Chap 14.
6 Abolished by sec. 1, chap. 45, 3 March, 1817.
and supplies of every description purchased or distributed for the use of the army of the United States, and of the volunteers and militia in their service; to prescribe the forms of all the returns and accounts of such stores and supplies purchased, on hand, distributed, used, or sold, to be rendered by the commissary of ordnance and officers in his department, by the commissary-general of purchases and his deputies, by the several officers in the quartermaster-general's department, by the regimental quartermasters, by the hospital surgeons and other officers belonging to the hospital and medical departments, and by all other officers, agents, or persons who shall have received, distributed, or been intrusted with, such stores and supplies, as aforesaid ; to call to account all such persons; to audit and settle all such accounts, and, in case of delinquency, to transmit the account, and to state the value of the articles unaccounted for by such delinquency, to the accounting officers of the treasury, for final settlement and recovery of such value; to transmit all such orders, and, generally, to perform all such other duties, respecting the general superintendence of the purchase, transportation, safe keeping, and accountability of military supplies and stores, as aforesaid, as may be prescribed by the secretary for the war department.
Sec. 3. That the commissary-general of purchases and his deputies, the several officers in the quartermaster's department, the regimental quartermasters, the commissary of ordnance, his assistant and deputies, the principal hospital surgeons and officers belonging to the hospital and medical departments, and all other officers, agents, or persons, who shall have received, or may be intrusted with, any stores or supplies, of any description whatever, for the use of the army of the United States, and of the volunteers or militia in their service, shall render quarterly accounts of the disposition and state of all such stores and supplies to the superintendent aforesaid ; and shall also make such other returns respecting the same, and at such other times, as the secretary for the war department may prescribe: Provided, however, That the accounts and returns thus rendered shall relate to the articles of supply only, which may have been received and disposed of, or as may remain on hand, and shall not embrace the specie accounts for moneys disbursed by such officers, agents, or other persons; which specie accounts shall be rendered, as heretofore, to the accountant for the war department.
Sec. 4. That the officers, agents, or other persons, who may receive money in advance from the war department, shall render quarterly accounts to the accountant of the said department, of their specie receipts and disbursements, and shall, moreover, make such other monthly summary statements thereof to the secretary of the said department, as he may prescribe. And the quarterly accounts of supplies, or of moneys rendered as aforesaid, shall be, respectively, settled by the superintendent-general of military supplies, and by the accountant of the war department, according to their respective authorities, within three months after the time when such accounts shall have, respectively, been rendered to them.
Sec. 5. That the secretary for the war department shall be, and he is hereby, authorized and directed to define and prescribe the species, as well as the amount, of supplies to be respectively purchased by the commissary-general's and quartermaster-general's departments, and the respective duties and powers of the said departments respecting such purchases; and also to adopt and prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may, by virtue of such regulations, be intrusted with the same. And the secretary aforesaid is also authorized to fix and make reasonable allowances for the store rent, storage, and salary of storekeepers necessary for the safe keeping of all military stores and supplies.
Sec. 6. That the superintendent-general of military supplies shall be appointed by the President, with the advice and consent of the Senate; but the President is hereby authorized to make the appointment during the recess of the Senate; which appointment shall be submitted to the Senate at their next meeting, for their advice and consent.
Sec. 7. That the superintendent-general of military supplies shall be authorized to employ a sufficient number of clerks: Provided, That their annual compensation shall not exceed, in the whole, $7000; and the sum of $8000 is hereby appropriated for paying the said compensation, and that of the superintendent aforesaid, during the year 1813, to be paid out of any moneys in the treasury not otherwise appropriated.
Sec. 8. That the President of the United States be, and he is hereby, empowered, as he may deem it expedient, either to appoint, for the time being, a special commissary or commissaries, for the purpose of supplying by purchase or contract, and of issuing, or to authorize any officer or officers in the quartermaster-general's department to supply and issue, as aforesaid, the whole or any part of the subsistence of the army, in all cases where, either from the want of contractors, or from any deficiency on their part, or from any other contingency, such measure may be proper and necessary in order to insure the subsistence of the army, or of any part thereof; and such special commissaries shall, each, whilst employed, be entitled to the pay and emoluments of a deputy quartermaster-general.
Sec. 9. That the President of the United States be, and he is hereby, authorized to appoint not exceeding six assistant commissaries, to be attached to such army, or to reside at such places, respectively, as the secretary for the war department may direct, for the purpose of receiving from the commissary-general of purchases, or from his deputies, and of distri. buting to the regimental quartermasters, and to such officers as may, by the secretary aforesaid, be designated, the clothing and other supplies parchased by the commissary-general aforesaid, or his deputies, and destined for the use of the troops belonging to the army, or in the vicinity of the place to which such assistant commissaries may respectively be attached. And said assistant commissaries shall, whilst employed, be entitled to the pay and emoluments of a deputy quartermaster-general.
[Approved, March 3, 1813.]