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CHAPTER 96.-Approved, March 3, 1817.-Vol. 3, p. 390.

An Act supplementary to an Act entitled “An Act further to amend the several. Acts for the establishment and regulation of the treasury, war, and navy departments.”

That nothing contained in the act of the third March, one thousand eight hundred and nine, entitled "An act' further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments," shall be construed to authorize the President of the United States to direct any sum appropriated to fortifications, arsenals, armories, custom-houses, docks, navy-yards, or buildings of any sort, or to munitions of war, or to the pay of the army or navy, to be applied to any other object of public expenditure."

CHAPTER 107.-Approved, March 3, 1817.-Vol. 3, p. 394.

An Act to amend an Act entitled "An Act making further provision for military ser exces during the late war, and for other purposes.”

That the widows and children of soldiers of the militia, the volunteers, the rangers, and the sea-fencibles, who served during the late war, and for whom half pay for five years was provided, by an act passed on the 16th day of April, 1×16, entitled "An act making further provision for military services during the late war, and for other purposes," shall be placed on an equality as to their annual allowance, that is to say: Su-h widows, and, in case of no widow, such children, as may be embraced in the before-reeited act, shall be entitled to receive (as the half pay to which they are entit.ed at the rate of $18 per annum, and no more; and the widows and chil fren aforesaid, of the officers of the different corps aforesaid, shall be entitied to the half pay of the officers of the infantry.

SEC. 2. That the provisions contained in an act entitled "An act fixing the military peace establishment of the United States,” passed on the 3d of March, 1×15, granting to the commissioned officers of the regular army, who were deranged by said act, three months' pay in addition to the pay and emoluments to which they were entitled by law at the time of their discharge, shall equally extend to wagon-masters, forage-masters, barrackmasters, and other warrant officers of the staff of the regular army, who were deranged by the before-recited act, except those provisionally retained by the President of the United States,

1 Chap 21, ante.

* By fue provisions of the act of 3 March, 1909, the Pres dent is authorized, in the recess if (ngress, on the app'eat: n of the secretary of a dej vriment, to direct that a portion of the money, appropriated for a parti war branch of expenditure in that department be app and to an ther branch of exjen isture in the same department. These jr vans are further m difci by 1 May, 1×20.

For orginal act see in April, i×16, chap, 09.

SEC. 3. That the further time of two years shall be allowed to the guardians of the minor children of deceased soldiers, to relinquish their claims to bounty lands for five years' half pay, according to the second section of the before-recited act, to which this is a supplement, passed the 16th day of April, 1816.

SEC. 4. That the widows and children of the non-commissioned officers of the rangers shall be placed on the same footing as to half pay, for five years, with the widows and children of the infantry.

SEC. 5. That the provisions of the second section of the act to which this is a supplement shall be, and the same are hereby, extended to all cases where either of the children therein mentioned shall have been under sixteen years of age at the time of the father's decease: Provided, The guardian of such minor children shall, in addition to the relinquishment by said act required, file, in the office of the department of war, evidence of the assent of all the other heirs, if any there be, of said deceased soldier, or of their guardians, to such relinquishment.

SEC. 6. That in all cases where the child or children of a regular soldier, deceased, have the right, under the laws of the United States, to relinquish their bounty in land for five years' half pay, the said child or children shall be entitled to the same amount as is given by the act to the widows of the militia soldiers who died in service during the late war: viz. $4 per month.

[Approved, March 3, 1817.]

CHAPTER 19.-Approved, March 18, 1818.-Vol. 3, p. 410.

An Act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war.1

Officers and privates of the revolution entitled to pensions. Rate of. Claims to previous pensions to be relinquished.

SEC. 2. Oath and evidence necessary. Proof to be sent to the secretary of war, &c. Payment as of other pensions.

SEC. 3. Pension to commence on the day of the oath.

SEC. 4. No sale, transfer, or mortgage. Perjury.

CHAPTER 34.-Approved, April 4, 1818.-Vol. 3, p. 415.

An Act to establish the flag of the United States.2

That, from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, alternate red and white; that the union be twenty stars, white, in a blue field. SEC. 2. That, on the admission of every new state into the

1 Although this act and its supplements are in legal existence, they are not inserted here in full, because all such applications for pensions are now made under the more beneficial act of 7 June, 1832.

2 This repeals act of 13 Jan. 1794, chap. 1, ante; and see resolution of 14 June, 1777.

Union, one star be added to the union of the flag; and that such addition shall take effect on the fourth day of July then next succeeding such admission.

[Approved, April 4, 1818.

CHAPTER 61.-Approved, April 14, 1818.-Vol. 3, p. 426.

An Act regulating the staff of the Army.

Post sur

2. Surgeon-general and assistants. Judge-advocate. Chaplain, &c. geons. 7. Supplies purchased by contract. 8. The President may alter the

ration.

That so much of the act "fixing the military peace establishment of the United States," passed the 3d of March, 1815, as relates to hospital stewards and ward-masters, and so much of the "Act for organizing the general staff, and making further provision for the army of the United States," passed April 24, 1816, as relates to hospital surgeons, hospital surgeon's mates, judge-advocates, chaplains, and forage, wagon, and barrack masters, and their assistants, be and the same is hereby repealed.

SEC. 2. That there shall be one surgeon-general, with a salarys of two thousand five hundred dollars per annum, one assistant surgeon-general, with the emoluments of a hospital surgeon, one judge-advocate, with the pay and emoluments of a topographical engineer, to each division, and one chaplain, stationed at the military academy at West Point, who shall also be professor of geography, history, and ethics, with the pay and emoluments allowed the professor of mathematics; and that the number of post-surgeons be increased, not to exceed eight to each division.

SEC. 3. That so much of the act of the 24th of April, 1816, aforesaid, as relates to the quartermaster-general of division, shall be repealed; and the quartermaster's department shall consist, in addition to the two deputy quartermasters-general, and the four assistant deputy quartermasters-gene

1 Chap. 79, sec. 3.

2 Chap. 69.

3 Same salary, by the 3 March, 1813, chap. 52, sec. 7, ante, and $20 per month more by 11 February, 1857.

4 This office of assistant surgeon-general is abolished by the 2 March, 1821, chap. 13, sec. 10, organizing the medical staff, but again created in chap. 55, 16 April, 1862. 5 One for the army, and pay of major of cavalry, by the 2 March, 1849, chap. 83, sec. 4; for additional, see act of July, 1862.

See, for salaries of professors, the 3 March, 1851, chap. 22, and see act February, 1857, increasing the pay and price of ration.

7 See, for the medical staff, the 2 March, 1821, chap. 13, sec. 10, and see note (c) to chap. 42, 3 August, 1861, and chap. 55, 16 April, 1862.

8 This section is supplied by the 2 March, 1821, chap. 13, sec. 7, reorganizing the

army.

ral, now authorized, of one quartermaster-general, with the rank, pay, and emoluments of a brigadier-general, and as many assistant deputy quartermasters-general as the President shall deem proper, not exceeding, in the whole number, twelve.

SEC. 4. That to each commissioned officer who shall be deranged by virtue of this act, there shall be allowed and paid, in addition to the pay and emoluments to which they will be entitled by law at the time of their discharge, three months' pay and emoluments; and that the provisions of this act shall be carried into effect on or before the 1st day of June next.

SEC. 5. That the pay and emoluments of the inspector-generals of divisions be, and is hereby, raised to be equal to the pay and emoluments of the adjutant-generals of division.

SEC. 6. That, as soon as the state of existing contracts for the subsistence of the army shall, in the opinion of the President of the United States, permit it, there shall be appointed by the President, by and with the advice and consent of the Senate, one commissary-general, with the rank, pay, and emoluments of colonel of ordnance, who shall, before entering on the duties of his office, give bond and security, in such sum as the President may direct; and as many assistants, to be taken from the subalterns of the line, as the service may require, who shall receive $20 per month in addition to their pay in the line, and who shall, before entering on the duties of their office, give bond and security, in such sums as the President may direct. The commissary-general and his assistants shall perform such duties, in purchasing and issuing of rations to the army of the United States, as the President may direct.

SEC. 7.2 That supplies for the army, unless, in particular and urgent cases, the secretary of war should otherwise direct, shall be purchased by contract, to be made by the commissary-general on public notice, to be delivered, on inspection, in the bulk, and at such places as shall be stipulated; which contract shall be made under such regulations as the secretary of war may direct.

SEC. 8. That the President may make such alterations in the component parts of the ration as a due regard to the health and comfort of the army and economy may require.3

SEC. 9. That the commissary-general and his assistants shall not be concerned, directly or indirectly, in the purchase or sale, in trade or commerce, of any article entering into the composition of the ration allowed to the troops in the service of the United States, except on account of the United States, nor shall such officer take and apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office, other than what is or may be allowed by law; and the commissary-general and his assistants shall be subject to martial law.

1 See note to sec. 7.

2 The 7th, 8th, 9th, and 10th sections were continued for five years by the 23 January, 1823, chap. 5, and the 6th, 7th, 8th, 9th, and 10th sections were continued for five years and no longer, by the 2 March, 1829, chap. 42, sec. 1, and the 7th, 8th, 9th, and 10th sections were made perpetual by the 3 March, 1835, chap. 49, sec. 1, and of course the 6th section for the appointment of a commissary-general had expired in 1835.

3 For ration now, see sec. 13, chap. 42, 3 August, 1861.

SEC. 10. That all letters to and from the commissary-general, which may relate to his office duties, shall be free from postage: Provided, That the sixth, seventh, eighth, ninth, and tenth sections of this act shall continue and be in force for the term of five years from the passing of the same, and thence until the end of the next session of Congress, and no longer. [Approved, April 14, 1818.]

March 2, 1821, chap. 13.

CHAPTER 64.-Approved, April 16, 1818.-Vol. 3, p. 427.

An Act regulating the pay and emoluments of brevet officers.

That the officers of the army, who have brevet commissions, shall be entitled to, and receive, the pay and emoluments of their brevet rank when on duty, and having a command according to their brevet rank, and at no other time.

SEC. 2. That no brevet commission shall hereafter be conferred but by and with the advice and consent of the Senate.

CHAPTER 84.-Approved, April 20, 1818.-Vol. 3, p. 444.

An Act to defray the expenses of the militia when marching to places of rendezvous. That the expenses incurred, or to be incurred, by marching the militia of any state or territory of the United States to their places of rendezvous, in pursuance of a requisition of the Presi dent of the United States, or which shall have been, or may be, incurred in cases of calls made by the authority of any state or territory, which shall have been, or may be, approved by him, shall be adjusted and paid in like manner as the expenses incurred after their arrival at such places of rendezvous, on the requisition of the President of the United States: Provided, That nothing herein contained shall be considered as authorizing any species of expenditure, previous to arriving at the place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous.

1 See note to chap. 137, 6 July, 1812, for franking.
3 To include adjutant-general, by chap. 85, 3 March, 1839.
4 See sec. 9, chap. 132, 30 June, 1834.

2 See note to sec. 7.

5 See 8 May, 1792, ante.

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