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. 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 continned 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 1833. 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 fee në të tërhap 117 6 July, 1×12, får franking. * See note to sec. 7. * Pee* May, 1792, ante. CHAPTER 88.-Approved, April 20, 1818.-Vol. 3, p. 447. An Act in addition to the "Act for the punishment of certain crimes against the United States," and to repeal the Acts therein mentioned. 1. Fine $2000 and imprisonment for citizens accepting commissions within the United States, &c., to serve foreign states. 2. For any person in the United States, enlisting others, &c., to serve a foreign state, &c. 3. Fitting out or attempting to fit out. The vessel, &c., forfeited. Half to informer. 4. For citizens fitting out or arming, &c., or aiding. To be tried where apprehended or first brought. 5. Augmenting in the United States the force of foreign armed vessels. 6. Setting on foot within the United States any military expedition against a friendly power. 7. District courts to have cognizance of. 8. The President may employ the forces, or the militia, for suppressing such expeditions. 9. May employ the forces, or the militia, to compel the departure of vessels. 10. Owners, &c., of armed vessels sailing to give bond not to commit hostilities, &e. 11. Collectors to detain vessels built for warlike purposes and about to depart, when probably they are intended against a friendly power. 12. 5 June, 1794, chap. 50, 14 June, 1797, chap. 1, 24 April, 1800, chap. 35, and March, 1817, chap. 58, repealed. 13. Not to prevent the punishment of treason, &c. That if any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, the person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than two thousand dollars, and shall be imprisoned not exceeding three years. SEC. 2. That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thou 1 This act re-enacts the acts of 1794, chap. 50, 1797, chap. 58, and of 1817, chap. 58. with some additions, and by adding the words "colony, district, or people.” 7 Wheat. 489, The Gran Para. The object of the laws was to put an end to the slave trade, and to prevent the introduction of slaves from foreign countries. 11 Peters, 73, United States vs. The Ship Garonne, United States vs. Skiddy. Slaves of Louisiana taken by their owners to France in 1835 and brought back with their own consent, is not a case within the acts. 11 Peters, 73, United States 4. Skiddy. sand dollars, and be imprisoned not exceeding three years:1 Provided, That this act shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district, or people, who shall transiently be within the United States, and shall on board of any vessel of war, letter of marque, or privateer, which, at the time of its arrival within the United States, was fitted and equipped as such, enlist or enter himself, or hire or retain another subject or citizen of the same foreign prince, state, colony, district, or people, who is transiently within the United States, to enlist or enter himself to serve such foreign prince, state, colony, district, or people, on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people. SEC. 3. That if any person shall, within the limits of the United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out, or arming, of any ship See chap. 56, 6 August, 1861. 2 The intent must be a fixed one, and not contingent, and formed within the United States, and before the vessel leaves the United States. 4 Peters, 445, 466, United States vs. Quincy. 3 Dal. 307, Moodie vs. The Alfred. The law does not prohibit the sailing of armed vessels belonging to our citizens, out of our ports, on bond, &c. that they will not be employed to commit hostilities against powers at peace with us. 6 Peters, 466, Johnson, J. The indictment charged the fitting out of the Bolivar with intent that she should be employed in the service of a foreign people, that is to say, in the service of the United Provinces of Rio de la Plata: held, that although the United Provinces were recognized by the United States, the charge, under the innuendo, was sufficiently laid. 6 Peters, 445, 467, United States vs. Quincy. 3 An effort to fit out will satisfy the law. 6 Peters, 445, 464. The vessel was fitted out and repaired at Baltimore, and with some warlike munitions, on bond given, sailed for St. Thomas, where she was fully armed and cruised under a Buenos Ayrean commission. This was held to be an attempt. 6 Peters, 445, United States vs. Quincy. Either will constitute the offence. 6 Peters, 445, 464, United States vs. Quincy. It is not necessary to charge the fitting and arming. The owner is liable under the act, if he authorized and superintended the fitting and arming, without being personally present. It is not essential that the fitment should have been completed. It is not necessary that even equipment of a slave voyage should have been taken on board in the port of the United States. In this case, part of the equipment of the General Winder for a slaving voyage was shipped on another vessel for St. Thomas, and then transhipped to the General Winder. The particulars of the fitting out need not be set out in the indictment: they are minute acts, incapable of exact specification, 473, 475. The indictment should allege that the vessel was built, fitted, &c., within the jurisdiction of the United States. 476, 477. And with intent to employ the vessel" in the slave trade, and alleging that "the intent" was "that the vessel should be employed in the slave trade," was not sufficient, 476. 12 Wheat. 460, United States vs. Gooding, and see notes to 20 April, 1818, chap. 91, vol. 3, p. 450. or vessel with intent' that such ship or vessel shall be employed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the United States, for any ship or vessel, to the intent that she may be employed as aforesaid, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years; and every such ship or vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer, and the other half to the use of the United States. SEC. 4. That if any citizen or citizens of the United States shall, without the limits thereof, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out, or arming, any private ship or vessel of war, or privateer, with intent that such ship or vessel shall be employed to cruise, or commit hostilities, upon the citizens of the United States, or their property, or shall take the command of, or enter on board of, any such ship or vessel, for the intent aforesaid, or shall purchase any interest in any such ship or vessel, with a view to share in the profits thereof, such person, so offending, shall be deemed guilty of a high misdemeanor, and fined not more than ten thousand dollars, and imprisoned not more than ten years; and the trial for such offence, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought. SEC. 5. That if any person shall, within the territory or jurisdiction of the United States, increase or augment, or procure to be increased or augmented, or shall knowingly be concerned in increasing or augmenting, the force of any ship of war, 1 Although the arms and ammunition were cleared as cargo, and the men enlisted as for a mercantile voyage. 7 Wheat. 471, 486, The Gran Para. 2 That is, a government acknowledged by the United States. 6 Peters, 467. 3 Note 2, sec. 2. |