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CHAPTER 52.-Approved, March 3, 1813.—Vol. 2, p. 819.
An Act for the better organization of the General Stoff of the Army of the United
2. Brigadier-general may be assigned to principal army to act as adjutant, &c.
8. Forage, wagon, barrack masters, and artificers. 10. Repealing clause. 11. Letters to and from what officers, free of postage.
That’ the adjutant-general's, inspector-general's, and quartermastergeneral's departments shall consist of the following officers: that is to say, an adjutant and inspector-general, with the rank, pay, and emoluments of a brigadier-general, and not exceeding eight adjutants-general, sixteen assistant adjutants-general, eight topographical engineers, eight assistant topographical engineers, eight inspectors-general, sixteen assistant inspectors-general, eight quartermasters-general, eight deputy quartermasters-general, and thirty-two assistant deputy quartermasters-general.
Sec. 2. That the President of the United States be, and is hereby, authorized, if he shall deem it expedient, to assign one of the brigadiers-general to the principal army of the United States, who shall, in such case, act as adjutant and inspector general, and as chief of the staff of such army; and the quartermaster-general attached to the principal army shall, as heretofore, have the brevet rank and the pay and emoluments of a brigadier-general.
Sec. 3.3 That all the other adjutants-general shall have the brevet rank and the pay and emoluments of a colonel of cavalry; all the other inspectors-general and quartermasters-general shall have the brevet rank and the pay and emoluments of a colonel of infantry; the assistant adjutantsgeneral, assistant inspectors-general, deputy quartermasters-general, and topographical engineers, shall have the brevet rank and the pay and emoluments of a major of cavalry; and the assistant topographical engineers, and assistant deputy quartermasters-general, shall have the brevet rank and the pay and emoluments of a captain of infantry.
Sec. 4. That the assistant adjutants-general, the assistant inspectorsgeneral, and the assistant topographical engineers, shall be taken from the line. The adjutants-general, inspectors-general, quartermasters-general, deputy quartermasters-general, topographical engineers, and assistant deputy quartermasters-general, may be taken from the line or not, as the
1 This act was virtually repealed by that of the 3 March, 1815, chap. 79, fixing the peace establishment. All its provisions respecting pay, emoluments, and privileges were, however, re-established by the act of 24 April, 1816, chap. 69, sec. 9, for the staff therein authorized.
2 The general staff is reorganized by the 2 March, 1821, chap. 13. See chap. 42, 3 August, 1861, for material changes in the organization of the Staff Departments.
3 The pay and emoluments of the staff retained by the 24 April, 1816, chap. 69, and by the 2 March, 1821, chap. 13.
These sections, 3 and 4, seem fully supplied by those acts, and the 5 July, 183, chup. 162, sections 7, 8, and 9.
President may deem expedient. And officers taken from the line, and transferred to the staff, shall receive only the pay and emoluments attached to the rank in the staff; but their transfer shall be without prejudice 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. 5. That it shall be the duty of the secretary of the war department, and he is hereby authorized, to prepare general regulations, better defining and prescribing the respective duties and powers of the several officers in the 'adjutant-general, inspector-general, quartermaster-general, and commissary of ordnance, departments of the topographical engineers, of the aids of generals, and generally of the general and regimental staff; which regulations, when approved by the President of the United States, shall be respected and obeyed, until altered or revoked by the same authority. And the said general regulations, thus prepared and approved, shall be laid before Congress at their next session.
Sec. 6.1 That the number of assistant deputy commissaries of ordnance shall not exceed sixteen, and that they shall, respectively, be entitled to the brevet rank and to the pay and emoluments of a first lieutenant of infantry.
Sec. 7.2 That, for the better superintendence and management of the hospital and medical establishment of the army of the United States, there shall be a physician and surgeon-general, with an annual salary of $2500, and an apothecary-general, with an annual salary of $1800; whose respective duties and powers shall be prescribed by the President of the United States.
Sec. 8. That the forage, wagon, and barrack masters shall be appointed as heretofore; but each quartermaster-general attached to any separate army, command, or district, shall be authorized, with the approbation and under the direction of the secretary of the war department, to appoint as many such officers, and to employ as many artificers, mechanics, and laborers, as the public service may require.
Sec. 9.4 That the assistant deputy quartermasters-general may be appointed, and officers taken from the line and transferred to the staff may be thus transferred, by the President of the United States alone. But all other new appointments authorized by this act shall be made by the President of the United States, with the advice and consent of the Senate. Provided, That, during the recess of the Senate, such appointments may be made by the President alone; in which case the same shall be laid before the Senate at their next session for their advice and consent.
Sec. 10. That every act, and every part of any act, of Congress now in force within the purview and meaning of this act, be, and the same are hereby, repealed.
1 The ordnance was reorganized by the 8 Feb. 1815, and the 2 March, 1821, chap. 13,
2 The medical staff was reorganized by the 2 March, 1821, chap. 13, sec. 10; and see the acts of July, 1862, Nos. 55. 80, 127.
3 Feb. 24, 1813, chap. 24; as to forage and wagon masters, see the 5 July, 1838, chap. 162, sec. 1.
4 This section (9) is supplied by the 5 July, 1838, chap. 162, sec. 9.
Sec. 11. That all letters and packets to and from the adjutant and inspector general, adjutants-general, inspectors-general, quartermasters-general, commissary-general of ordnance, physician and surgeon general, and apothecary-general, which relate to their official duties, shall be free from postage.
Sec. 12. That the President of the United States be, and he is hereby, authorized to appoint any of the officers authorized by an act entitled “ An act making provision for an additional number of general officers,” passed the 24th day of February, 1813, during the recess of the Senate, to be submitted to the Senate at their next session for their advice and consent; and that no officer appointed, or who may be appointed, by virtue of the aforesaid act, shall be entitled to receive any pay or emolument until he shall be called into actual service, nor for any longer time than he shall be continued therein.
[Approved, March 3, 1813.)
RESOLUTION 2.-Approved, March 3, 1813.-Vol. 2, p. 830.
Resolution requesting the President of the United States to cause to be prepared and
laid before Congress a system of military discipline.
That the President of the United States be, and he is hereby, requested to cause to be prepared and laid before Congress, as soon as practicable, a military system of discipline for the infantry of the army and militia of the United States.
CHAPTER 4.- Approved, July 5, 1813.-Vol. 3, p. 3.
An Act to amend the “ Act3 in addition to the Act entitled An Act to raise an addi
tional military force, and for other purposes.'"4
That five of the regiments which were authorized to be raised by “ An 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, 1813,5 may, at the discretion of the President of the United States, be enlisted for and during the war, unless sooner discharged, and be limited, as to service, to the defence of the seaboard of the United States, or of such part thereof as the President may elect and determine.
Sec. 2. That each man recruited under the authority of this act be allowed the same bounty, in money and land, as is allowed by law to men enlisted for five years, or for the war; and that the officers, non-commissioned officers, musicians, and privates shall receive the same pay, clothing, subsistence, and forage, be entitled to the same benefits, be subject to the same rules and regulations, and be placed, in every respect, on the same footing, as the other regular troops of the United States.
i Franking privilege abolished. See note to chap. 137, 6 July, 1812, ante.
4 11 January, 1812, chap. 14. 5 Chap. 16.
6 See 2 March, 1833, chap. 68, sec. 5.
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 $t: Prorided, nerertheless, 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, 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 rec. 5, chap. 78, 20 Sept. 1850. ? The oth section of this set is the only section in force.
3 Superceded by the provisions of the act of 3 March, 1915, fixing the peace esta. blishment. See chap. 79: cc. 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, are the same as .com 10, 11, 13, 14, 15, 16, 18, 20, 22, and 24, of chap. 14, 11 January, 1812.
* Ten companies of rangers authorized by chap. 31, 23 February, 1813, in lieu onte one of the rezinent- provided for in this act.
5 See ebap. 4, 5 July, 1813, sec. I.
tenant, one second lieutenant, one third lieutenant, one ensign, five ser geants, six currals, two musicians, and ninety privates.
SEC. 4. That it shall be lawful for the President of the l’nited States, in the recess of the Senate, to appoint such of the officers authorized by this act, a my not be appointed during the present session; which appointments shall be submitted to the Senate at their next session, for their advice and consent.
SEC', 5. That all the officers, non-commissioned officers, musicians, and privates, authorized by this act, shall receive the like pay, forage, rations, clothing, and other emoluments (the land and bounty excepted) as the officers of the same grade and corps, non-commissioned officers, musicians, and priates, of the present military establishment,
SEA. 6. That the officers, non-commissioned officers, musicians, and prirates, of the regimento bereby authorized to be raised, shall be governed by the rules and articles of war, which have been emtablished by the C'nited states in Congress assembled, or by such rules and articles as may be bereafter by law established.
Sec. 7. That the commissioned officers, who shall be employed in recruiting the force authorized by this act, shall be entitled to receive, for every peran enlisted by them into this service, for the term specified, and app proved by the commanding otheer of the regiment, and between the ages of richten and forty-five years, the sum of $2: Prurile, nerertheless, 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: Au prema rute, ale, That no pewn under the age of twenty-one years shall be enlisted by any offeer, or held in the service of the C'nited States, without the esperat, in writing, of his parent, guardian, or master, first had and ob tainei, if any he hare; and if any otheer shall enlist any person contrary tu the true intent and meaning of this art. for every such offence he whall forfest 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 otheer.
S * That there shall be allowed and paid to each man recruited as afute sid, a bunty of $10; but the payment of sm of the said bounts shall bor de ter until he shall be muntered, and have joined some military curts if he l'nited States,
SE, L'at the main regiments shall be paid in such manner that the artears shall at no time erred two months, unless the circumstances of the rune sh.11 redder it unavoidable.
10. That if any others. 700-commissioned ofhcer, musician, or privatr, shall be disabled, by wounds or otherwise, while in the line of his dov in public serie, behall be placed on the list of invalide of the loited Nates, at surb rate of pensjon and under auch regulations 4s are or may directed by law: Prided, alus, That the com- nsari: forte allere for such winds of disabilities, to s enmiesjonel ofheer, shall not er med, for the bigtit rain of disability, ball the monthly pay of such
err at the time of his dink disabled or wounded, and that n the er shall pou pire more than the half jany of a lieutenant-culinal; and that the rate of impensation ti no 0-24mnastined uformu, muxitians, and pray atas. st.all pot preved fire dallare per month: Anul prorulet, alery, That ind it ferti dikilities shall entile the perin w disabled to recrite an ali w aner for partionate to the h heet deabiliny."
SE. 11. That if any autuiuiasjad others shall, while in the price of