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in lieu of those to which they are now entitled, to wit: a first lieutenant, seventeen dollars; a second lieutenant, fifteen dollars; a third lieutenant, fourteen dollars; an ensign, thirteen dollars; and a non-commissioned officer, musician, or private, eight dollars, per month; and for disabilities of a degree less than the highest, a sum proportionably less.

SEC. 2. That all persons of the aforesaid ranks, who may hereafter be placed on the military pension roll of the United States, shall, according to their ranks and degrees of disabilities, be placed on at the aforesaid rates of pensions, in lieu of those heretofore established: Provided, That nothing herein contained shall be construed to lessen the pension of any person who, by special provision, is entitled to a higher pension than is herein provided.

SEC. 3. That all laws and regulations, relating to the admission of the officers and soldiers of the regular army to be placed on the pension roll of the United States, shall, and they are hereby declared to, relate equally to the officers and soldiers of the militia, whilst in the service of the United States.

SEC. 4. That the secretary for the department of war be, and he is hereby, authorized and required to appoint some fit and proper person' in those states and territories where there is no commissioner of loans, and also in the district of Maine, to perform the duties in those states and territories, and in said district, respectively, relating to pensions and pensioners, which are now required of said commissioners in their respective states. [Approved, April 24, 1816.]

CHAPTER 69.-Approved, April 24, 1816.-Vol. 3, p. 297.

An Act for organizing the general staff and making further provisions for the army of the United States.

3. Pay department. Taken from subalterns of the line or citizens. Pay. Clerk of 4. Duty of paymasters in making returns, &c. 5. Commissary of purchases.

1 See 10 April, 1806, chap. 25, sec. 6.

2 An additional one in Tennessee, 3 March, 1819, chap. 91.

3 This office abolished, 3 March, 1817.

4 The first and second sections of this act are supplied or repealed by the 14 April. 1818, chap. 61, section 1, and the 2 March, 1821, chap. 13; and the third section of the act as to the pay department is reorganized by the 2 March, 1849, chap. 80, which repeals this section (3) except as to the pay of the regimental and battalion pay. masters and of the paymaster-general.

Military storekeeper, pay of. 6. A officers of the pay and quartermaster's depart ments to give bonds, and subject to the articles of war. Appointed by consent of senate. 7. President may prescribe the clothing. In general regulations. 8. Soldiers discharged to be paid for deficient clothing. 9. Emoluments of the staff. 10. Officers of the staff retained. 11. Ordnance continued as at present. 12. Rate of forage when not received in kind. For horses kept. Soldiers as waiters. Servants.

That, in addition to the act providing for a military peace establishment the provisions of the act of 3 March, 1813,' for the better organization of the general staff, be, and the same are hereby, so far established, that the general staff shall, in future, consist of one adjutant and inspector-general of the army, and one adjutant-general, one inspector-general, three topographical engineers, and one quartermaster-general, with one deputy quartermaster-general to a division; and an assistant of each to every brigade, which shall supersede the brigade-quartermasters and inspectors now existing and that the apothecary-general, as heretofore authorized, be allowed two assistant apothecaries.

SEC. 2. That the medical staff shall be so extended that there shall be four hospital surgeons, and eight hospital surgeon's mates, to each division, with as many post surgeons as the service may require, not exceeding twelve to each division; who shall receive the same pay and emoluments as h-spital surgeon's mates; and that there be three judge-advocates to each division, and one chaplain to each brigade of the army, who shall receive the pay and emoluments of major, as heretofore allowed.”

SEC. 3. That the pay department shall consist of one paymastergeneral of the army, with the annual salary of two thousand five hundred dollars, and that, in addition to regimental paymasters, there be appointed one paymaster to each battalion of the corps of artillery, who, as well as the regimental paymasters, in addition to the regular and punctual payment of their respective regiments or corps, shall discharge the duties of district paymasters within such district as shall from time to time be assigned them by the paymaster-general, under the direction of the secretary of war. Provided, That regimental and battalion paymasters may be taken either from the subalterns of the army, or citizens, and appointed by the Prest dent of the United States Provided, also, That regimental and battalion paymasters shall receive the pay and emoluments of major, and shall be allowed a capable non-commissioned officer as

1 Quartermaster general of division, repealed by the 14 April, 1×1, chap. 61, This offer of ap thecary general is abolished by the 2 March, 121, chap 13,

* Words in italies in see. 2 repealed by chap 61 see. 1, 14 April, 1818.

* Repealed in see. 9, chap 11, 2 March 1821, post

* of infantry. 10 Peters, 647–653 Wetmore re. United States

clerk, who, while so employed, shall receive double pay, and the actual expense of transportation while travelling under orders in the discharge of his duty.

SEC. 4. That it shall be the duty of the regimental and battalion paymasters to pay all the regular troops; and, to insure punctuality and responsibility, correct reports shall be made to the paymaster-general once in two months, showing the disposition of the funds previously transmitted, with accurate estimates for the next payment of such regiment, garrison, or department as may have been assigned to each; and whenever any paymaster shall fail to transmit such estimate, or neglect to render his vouchers to the paymaster-general for settlement of his accounts, more than six months after receiving funds, he shall be recalled, and another appointed in his place.

SEC. 5. That the purchasing department shall consist of one commissary-general of purchases, as heretofore authorized, with the annual salary of three thousand dollars, and one deputy commissary to each division, with the annual salary of two thousand dollars, and six assistant commissaries of issues, with the annual salary of one thousand three hundred dollars, and as many military storekeepers as the service may require, whose salaries shall be regulated by the secretary of war, according to the duty they may perform: Provided, That the pay and emoluments shall not exceed that of a captain of infantry.

SEC. 6. That all officers of the pay, commissary, and quartermaster's department shall, previous to their entering on the duties of their respective offices, give good and sufficient bonds to the United States, fully to account for all moneys and' public property which they may receive, in such sum as the secretary of

1 A paymaster's clerk now receives $700 a year and one ration a day.

2 This sec. supplies the 8 May, 1792, chap. 37, sec. 3, and the 16 March, 1802, chap. 9, sec. 16.

3 This is merely directory, and forms no part of the contract of his sureties, and the omission does not discharge them. 11 Wheat. 184, United States es. Vansant, 1 Peters, 317-325.

This office of commissary-general of purchases abolished, by the 23 August, 1842, chap. 186.

5 The military storekeepers are regulated by the 2 March, 1821, chap. 13, sec. 9, and the 23 Aug. 1842, chap. 186, sec. 2.

The 8 May, 1792, chap. 37, sec. 3, vol. 1, p. 280, says with two sureties, and in $20,000.

7 After his appointment he could act without giving bond. 1 Peters, 364.

If the bond is broader than what is required by the statute, it may be valid as a

war shall direct. And all paymasters, commissaries, and storekeepers shall be subject to the rules and articles of war, in the same manner as commissioned officers: Provided, also, That all officers of the pay and commissary's departments be submitted to the senate for their confirmation, in the same manner as the officers of the army.

SEC. 7. That the President of the United States be, and he hereby is, authorized to prescribe the quantity and kind of clothing to be issued annually to the troops of the United States: Provided, That, whenever more than the authorized quantity is required, the value of the extra articles shall be deducted from the soldier's pay, and in like manner the soldier shall receive pay, according to the annual estimated value, for such authorized articles of uniform as shall not have been issued to him in each year. Provided, also, That the manner of issuing and accounting for clothing shall be established in the general regulations of the war department.

SEC. 8. That in all cases where a soldier of the regular army shall have been discharged from the service of the United States and clothing shall be due to said soldier, it shall be the duty of the paymaster-general to cause the same to be paid for according to the price paid in the seventh section of this act.

SEC. 9. That the several officers of the staff shall respectively receive the pay and emoluments and retain all the privileges secured to the staff of the army by the act of March third, one thousand eight hundred and thirteen, and not incompatible with the provisions of this act; and that the regulations in force before the reduction of the army be recognized, as far as the same shall be found applicable to the service, subject, however, to such alterations as the secretary of war may adopt, with the approbation of the President.

Sic. 10 That the officers of the staff, provisionally retained by the President, and in this act enumerated and made perma

♥ luntary obligation even against the sureties. 10 Peters, 343, United States ve. Bravey, and 11), United States vs. Tingev.

If it require the prin ̈pal faithfally to fucharge, his dut es as paymaster som rå ing to law and nstru ti ne, and regularly t unt and pay over, de, it is valid,

and n confirm ty with the act. 19 Peters, 343, Un ted states es. Bra l'ey.

The el thing of the artillery and infantry was partie varly prescribe i, by the 16 March, 1982, <tap 9, sec 8, and the 11 Jan. 1×12, hap. 14, see V, ard for the light dragons and ight artery, by the 17 March, 1×12, chap. 42, but they seem to be #aerded by this section

1 Chap 52, ante,

nent, be recognized in service under this act, and that the garrison surgeons and mates be hereafter considered as post surgeons; and hereafter the staff of the army may be taken from the line of the army, or from citizens.

SEC. 11. That the ordnance department be continued as at present organized under the act' of February eighth, one thousand eight hundred and fifteen, and that ordnance officers be assigned to their duties with the staff of the army, in the same manner as from the corps of engineers.

SEC. 12. That, when forage is not drawn in kind by officers of the army entitled thereto, eight dollars per month, for each horse, not exceeding the number authorized by existing regulations, shall be allowed in lieu thereof: Provided, That neither forage nor money shall be drawn by officers but for horses actually kept by them in service: Provided, also, That none except company officers shall be allowed to take, as servants or waiters, soldiers of the army, and that all officers' be allowed, for each private servant actually kept in service, not exceeding the number authorized by existing regulations, the pay, rations, and clothing of a private soldier, or money in lieu thereof, on a certificate setting forth the name and description of the servant or servants, in the pay account: Provided, also, That one additional ration be allowed to all subaltern officers of the army. [Approved, April 24, 1816.]

March 2, 1821, chap. 13.

CHAPTER 127.-Approved, April 27, 1816.-Vol. 3, p. 217.

An Act to provide for cases of lost military land warrants and discharges for faithful

services.

1. Soldiers of the regular army having obtained warrants and lost them, &c., upon satisfactory proof of the fact to the secretary of war, are entitled to patents.

1 Chap. 38, but see sec. 3, chap. 42, 3 Aug. 1861, and sec. 9, chap. 133, 5 July, 1862.

A similar provision for forage was made by the 22 July, 1813, chap. 17.

* The 16 March, 1802, chap. 9, sec. 7, ante, the 12 April, 1808, chap. 43, sec. 4, ante, the 6 July, 1812, chap. 133, sec. 5, ante.

For the number of horses allowed, see the 3 March, 1845, chap. 65; and chap. 200, 17 July, 1862.

4 For such officers, see the 16 March, 1802, chap. 9, sec. 7, ante.

5 The waiters are enumerated, regulated, and paid, by the 30 March, 1814, chap.

37, sec. 9 and 10, ante; and see for sec. 12, chap. 200, 17 July, 1862.

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