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enlistment, when each shall receive the $24 retained pay which shall have so accrued: Provided, He shall have served honestly and faithfully that portion of the term of his first enlistment.

SEC. 3. That every able-bodied musician or private soldier who may reenlist into his company or regiment within two months before, or one month after, the expiration of his term of service, shall receive two months' extra pay, besides the pay and other allowances which may be due to him on account of the unexpired period of any enlistment.

SEC. 4. That every able-bodied musician or soldier who shall re-enlist into his company or regiment, as specified in the third section of this act, shall receive his full pay, at the rate of $6 per month, without any temporary deduction therefrom.

SEC. 5. That no premium to officers for enlisting recruits, nor bounties to recruits for enlisting, shall be allowed after the passage of this act.2

SEC. 6. That no person who has been convicted of any criminal offence shall be enlisted into the army of the United States.

SEC. 7. That the seventh section of the act entitled "An act making further provision for the army of the United States," passed on the 16th May, 1812, be, and the same is hereby, repealed, so far as it applies to any enlisted soldier who shall be convicted by a general court-martial of the crime of desertion.3

[Approved, March 2, 1833.]

CHAPTER 76.-Approved, March 2, 1833.-Vol. 4, p. 652.

An Act for the more perfect defence of the frontiers.

1. Organization of regiment of dragoons. 2. Pay when mounted. Pay when on foot. 3. To serve on horse or foot, and subject to rules and articles of war, &c.

That, in lieu of the battalion of mounted rangers authorized by the act of the fifteenth of June, one thousand eight hundred and thirty-two, there be established a regiment of dragoons," to be composed and organized as follows, to wit: one colonel, one lieutenant-colonel, one major, one quartermaster-sergeant, and two chief buglers, one adjutant, who shall be a lieutenant, one sergeant-major, one chief musician, and ten companies; each company to consist of one captain, one first lieutenant, and one second lieutenant, exclusive of the lieutenant who is to

1 Sections 3 and 4 appear to be supplied by 5 July, 1838, chap. 162, sec. 29. Extra pay for re-enlistment abolished by sec. 9, chap. 42, 3 Aug. 1861.

2 See chap. 10, sec. 3, 10 Dec. 1814, for bounty to recruits, &c.; but see acts of July, 1862.

3 Flogging wholly abolished by sec. 3, chap. 54, 5 Aug. 1861.

4 Chap. 131.

By sec. 12, chap. 42, 3 Aug. 1861, dragoons, &c. are to be denominated cavalry.

be the adjutant of the regiment; four sergeants, one of whom shall act as quartermaster-sergeant to the company, four corporals, two buglers, one farrier and blacksmith, and sixty privates!

SEC. 2. That the officers, non-commissioned officers, musicians, and privates, when mounted, be entitled to the same pay and emoluments as was allowed to dragoons during the war, and when on foot, the same pay and emoluments as are now allowed to the officers, non-commissioned officers, musicians, and privates of a regiment of infantry; and that the farrier and blacksmith be allowed the same pay and allowances as are allowed to an artificer of artillery.

SEC. 3. That the said regiment of dragoons shall be liable to serve on horse or foot, as the President may direct; shall be subject to the rules and articles of war, be recruited in the same manner, and with the same limitations; that the officers, non-commissioned officers, musicians, farriers, and privates, shall be entitled to the same provisions for wounds and disabilities, the same provisions for widows and children, and the same allowances and benefits in every respect, as are allowed the other troops constituting the present military peace establishment.

SEC. 4. That the President of the United States be authorized to carry into effect this act as soon as he may deem it expedient, and to discharge the present battalion of mounted rangers on their being relieved by the said regiment of dragoons.

SEC. 5. That the sum required to carry into effect the provisions of this act is hereby appropriated, in addition to the appropriations for the military establishment for the year 1833.

[Approved, March 2, 1833.]

RESOLUTION 2.-Approved, March 2, 1833.-Vol. 4, p. 668.

Resolution in relation to the execution of the Act supplementary to the Act for the relief of certain surviving officers and soldiers of the revolution.

That, in the execution of the act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution, approved June 7, 1832, whenever it shall be made

1 Companies reorganized by act 23 August, 1842, chap. 186, sec. 1, authorized by chap. 131, 15 June, 1832. 2 Chap. 126.

to appear that any applicant for a pension, under said act, entered the army of the revolution in pursuance of a contract with the government made previous to the 11th day of April, 1783, and continued in service until after that period, it shall be the duty of the secretary of war1 to compute the period of such applicant's service from the time he then entered the army, and until the date of the definitive treaty of peace, and to allow him a pension accordingly.

[Approved, March 2, 1832.]

CHAPTER 133.-Approved, June 30, 1834.-Vol. 4, p. 714.

An Act to increase and regulate the pay of the surgeons and assistant surgeons of the army.2

1. Appointment of surgeons and assistants. 2. Pay and emoluments. 3. Increase of rations after ten years' service.

That, from and after the passing of this act, no person shall receive the appointment of assistant surgeon in the army of the United States, unless he shall have been examined and approved by an army medical board, to consist of not less than three surgeons or assistant surgeons, who shall be designated for that purpose by the Secretary of War; and no person shall receive the appointment of surgeon in the army of the United States, unless he shall have served at least five years as an assistant surgeon, and unless, also, he shall have been examined by an army medical board constituted as aforesaid.

SEC. 2. That the surgeons in the army of the United States shall be entitled to receive the pay and emoluments of a major; and the assistant surgeons, who shall have served five years, shall be entitled to receive the pay and emoluments of a captain; and those who shall have served less than five years, the pay and emoluments of a first lieutenant; and that said assistant surgeons shall be entitled to receive the same allowance for forage as they are at present entitled to.

SEC. 3. That every surgeon and assistant surgeon, who shall have served faithfully ten years in these grades, respectively,

1 Sec. of the interior now.

2 For present organization of medical department, see 16 April, 1862, chap. 55.

shall be entitled to receive an increase of rations, per day, equal to the number of rations to which he may be entitled under this act.

[Approved, June 30, 1834.]

CHAPTER 161.-Approved, June 30, 1834.-Vol. 4, p. 729.

An Act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.

20. Penalty for disposing of spirituous liquors to Indians. Search may be made for such spirituous liquors, &c. Penalty for setting up a distillery.

[EXTRACT.]

SEC. 20. That if any person2 shall sell, exchange, or give, barter, or dispose of, any spirituous liquor or wine to an Indian, (in the Indian country,) such person shall forfeit and pay the sum of $500; and if any person shall introduce, or attempt to introduce, any spirituous liquor or wine into the Indian country, except such supplies as shall be necessary for the officers of the United States and troops of the service, under the direction of the war department, such person shall forfeit and pay a sum not exceeding $300; and if any superintendent of Indian affairs, Indian agent or subagent, or commanding officer of a military post, has reason to suspect, or is informed, that any white person or Indian is about to introduce, or has introduced, any spirituous liquor or wine into the Indian country, in violation of the provisions of this section, it shall be lawful for such superintendent, . Indian agent or sub-agent, or military officer, agreeably to such regulations as may be established by the President of the United States, to cause the boats, stores, packages, and places of deposit of such person to be searched, and if any such spirituous liquor or wine is found, the goods, boats, packages, and peltries of such person shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one half to the use of the informer, and the other half to the use of the United States; and if such person is a trader, his license shall be revoked and his bond put in suit. And it shall moreover be lawful for any person in the service of the United States, or for any Indian, to take and destroy any ardent spirits or wine found in the Indian country, excepting military supplies as mentioned in this section.

SEC. 21. That if any person whatever shall, within the limits of the Indian country, set up or continue any distillery for manufacturing ardent spirits, he shall forfeit and pay a penalty of one thousand dollars; and it shall be the duty of the superintendent of Indian affairs, Indian agent or sub-agent, within

1 This section substituted by chap. 24, 13 February, 1862, post.

2 Except Indians who have been punished by the law of the tribe. See 27 March, 1854, chap. 26, sec. 3.

3 Unless the exclusive jurisdiction thereof has been secured to the tribe by treaty, 27 March, 1854, chap. 26, sec. 3.

And be imprisoned one or two years, by act 3 March, 1847, chap. 65, sec. 2.

the limits of whose agency the same shall be set up or continued, forthwith to destroy and break up the same; and it shall be lawful to employ the military force of the United States in executing that duty.

[Approved, June 30, 1834.]

CHAPTER 162.-Approved, June 30, 1834.-Vol. 4, p. 735.

An Act to provide for the organization of the Department on Indian Affairs. SEC. 4. *

* It shall be competent for the President to require any military officer of the United States to execute the duties of Indian agent.

CHAPTER 49.-Approved, March 3, 1835.-Vol. 4, p. 780.

An Act to render permanent the present mode of supplying the army of the United States, and fixing the salary of certain clerks therein named.

That the seventh, eighth, ninth, and tenth sections of the act entitled "An act regulating the staff of the army," passed April fourteenth, eighteen hundred and eighteen, be, and the same are hereby, continued in force until repealed by Congress.

RESOLUTION 2.-Approved, February 13, 1835.-Vol. 4, p. 792.

Resolution presenting a gold medal to George Croghan, and a sword to each of the officers under his command, for their gallantry and good conduct in the defence of Fort Stephenson, in eighteen hundred and thirteen.

That the President of the United States be requested to cause a gold medal to be struck, with suitable emblems and devices, and presented to Colonel Croghan, in testimony of the high sense entertained by Congress of his gallantry and good conduct in the defence of Fort Stephenson, and that he present a sword to each of the following officers engaged in that affair: to Captain James Hunter, to the eldest male representative of Lieutenant Benjamin Johnston, and to Lieutenants Cyrus A. Baylor, John Meek, Ensign Joseph Duncan, and the nearest male representative of Ensign Edmund Shipp, deceased.

Chap. 61; and see chap. 42, 2 March, 1829, sec. 1.

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