CHAPTER 44.-Approved, March 19, 1836.-Vol 5, p. 7.

An Act to provide for the payment of volunteers and militia corps in the service of the United States.

That the officers, non-commissioned officers, musicians, artificers, and privates of volunteer and militia corps, who have been in the service of the United States, at any time since the 1st day of November, in the year of our Lord 1835, or may hereafter be in the service of the United States, shall be entitled to and receive the same monthly pay, rations, clothing, or money in lieu thereof, and forage, and be furnished with the same campequipage, including knapsacks, as are or may be provided by law for the officers, musicians, artificers, and privates of the infantry of the army of the United States.3

SEC. 2. That the officers of all mounted companies who have been in, or may hereafter be in, the service of the United States, shall each be entitled to receive forage, or money in lieu thereof, for two horses, when they actually keep private servants, and for one horse when without private servants, and that forty cents per day be allowed for the use and risk of each horse, except horses killed in battle or dying of wounds received in battle. That each non-commissioned officer, musician, artificer, and private, of all mounted companies, shall be entitled to receive forage in kind for one horse, with forty cents per day for the use and risk thereof, except horses killed in battle or dying of wounds received in battle, and twenty-five cents per day in lieu of forage and subsistence, when the same shall be furnished by himself, or twelve and a half cents per day for either, as the case may be. SEC. 3. That the officers, non-commissioned officers, musicians, artificers, and privates shall be entitled to one day's pay, subsistence, and other allowances, for every twenty miles' travel from their places of residence to the place of general rendezvous, and from the place of discharge back to their residence.

SEC. 4. That the volunteers or militia who have been or who may be received into the service of the United States to suppress Indian depredations in Florida, shall be entitled to all the benefits which are conferred on persons wounded or otherwise disabled in the service of the United States.

SEC. 5. That when any officer, non-commissioned officer, artificer, or private, of said militia or volunteer corps, who shall die in the service of the United States, or returning to his place of residence after being mustered out of service, or at any time in consequence of wounds received in service, and shall leave a widow, or, if no widow, a child or children under sixteen years of age, such widow, or, if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go to the child or children of said decedent: Provided, always, That the secretary of war shall adopt such forms of evidence, in applications under this act, as the President of the United States may prescribe.

SEC. 6. That the volunteers and militia mentioned in the foregoing provisions of this act, called into service before its passage, and who are

1 This act supplies the 2 January, 1795, chap. 9,

2 See for expenses of, when marching to rendezvous, the 20 April, 1818, chap. 84. 3 See 2 March, 1833, chap. 68.

directed to be paid, shall embrace those only ordered into service by the commanding general or governors of states and of the territory of Florida, under authority from the war department, for repressing the hostilities of the Florida Indians.1

[Approved, March 19, 1836.]

CHAPTER 59.-Approved, May 9, 1836.-Vol. 5, p. 17.

An Act making appropriations for the civil and diplomatic expenses of Government for the year one thousand eight hundred and thirty-six.

SEC. 2. That it shall be the duty of the secretaries of state, of the treasury, of the war and navy departments, and of the postmaster-general, and the secretary of the senate, and clerk of the house of representatives, to lay before Congress, in lieu of the statement now required by law, during the first week in each annual session of Congress, a statement of the expenditures made by them respectively from the contingent funds of their respective departments and offices; that of the secretary of state to include all the contingent expenses of foreign intercourse, and of all the missions abroad, except such expenditures as are settled upon the certificate of the President; said statements to be abstracts of the accounts, with the names of all persons to whom payments have been made, and the amount paid to each.

CHAPTER 60.-Approved, May 9, 1836.-Vol. 5, p. 26.

An Act providing for the salaries of certain officers therein named, and for other

purposes.

That the authority' claimed under the acts approved March twenty-eighth, eighteen hundred and twelve,3 and May twentysecond, eighteen hundred and twelve, or by any other act, for the employment of non-commissioned officers or the appointment of extra clerks in any of the offices of the war department, be, and the same are hereby, repealed: Provided, however, That where express appropriations are made by law for the employment of clerks, such employment shall not be deemed to be extra within the meaning of the above act.

1 The sixth section of the act limits it to Florida troops.

2 There do not appear to be any such provisions.

CHAPTER 77.-Approved, May 20, 1836.-Vol. 5, p. 31.

An Act explanatory of the Act entitled “An Act to prevent defalcations on the part of the disbursing agents of the Government, and for other purposes."

That the act entitled "An act1 to prevent defalcations on the part of the disbursing agents of the Government, and for other purposes," approved the twenty-fifth of January, eighteen hundred and twenty-eight, shall not be construed to authorize the pension of any pensioner of the United States to be withheld.

CHAPTER 80.-Approved, May 23, 1836.-Vol. 5, p. 32.

An Act authorizing the President of the United States to accept the service of volunteers, and to raise an additional regiment of dragoons or mounted riflemen.

That the President of the United States be, and he hereby is, authorized to accept volunteers who may offer their services either as infantry or cavalry, not exceeding ten thousand men, to serve six or twelve months after they shall have arrived at the place of rendezvous, unless sooner discharged; and the said volunteers shall furnish their own clothes, and, if cavalry, their own horses, and when mustered into service shall be armed and equipped at the expense of the United States.

SEC. 2. That the said volunteers shall be liable to be called upon to do military duty only in cases of Indian hostilities, or to repel invasions, whenever the President shall judge proper, and when called into actual service, and while remaining therein, shall be subject to the rules and articles of war, and shall be in all respects, except as to clothing, placed on the same footing with similar corps of the United States army; and in lieu of clothing, every non-commissioned officer and private, in any company, who may thus offer themselves, shall be entitled, when called into actual service, to receive in money a sum equal to the cost of the clothing of a non-commissioned officer or private (as the case may be) in the regular troops of the United States.

SEC. 3. That the said volunteers, so offering their services, shall be accepted by the President in companies, battalions, squadrons, regiments, brigades, or divisions, whose officers shall be appointed in the manner prescribed by law in the several states and territories to which such companies, battalions, squadrons, regiments, brigades, or divisions shall respectively belong: Provided, That where any company, battalion, squadron, regiment, brigade, or division, of militia, already organized, shall tender their voluntary service to the United States, such company, battalion, squadron, regiment, brigade, or division shall continue to be commanded by the officers holding commissions in the same at the time of such tender; and any vacancy thereafter occurring shall be filled in the mode pointed out by law in the state or territory wherein the said company, battalion, squadron, regiment, brigade, or division shall have been originally raised.

1 Chap. 2, ante.

SEC. 4. That the President of the United States be, and he is hereby, authorized to organize companies so tendering their services, into battalions or squadrons, battalions or squadrons into regiments, regiments into brigades, and brigades into divisions, as soon as the number of volunteers shall render such organization in his judgment expedient; and the President shall, if necessary, apportion the staff, field, and general officers among the respective states or territories from which the volunteers shall tender their services, as he may deem proper; but, until called into actual service, such companies, battalions, squadrons, regiments, brigades, or divisions shall not be considered as exempt from the performance of militia duty as required by law, in like manner as before the passage of this act.

SEC. 5. That the volunteers who may be received into the service of the United States, by virtue of the provisions of this act, shall be entitled to all the benefits which may be conferred on persons wounded in the service of the United States.

SEC. 6. That there shall be raised and organized, under the direction of the President of the United States, one additional regiment of dragoons or mounted riflemen, to be composed of the same number and rank of the officers, non-commissioned officers, musicians, and privates composing the regiment of dragoons now in the service of the United States, who shall receive the same pay and allowances, be subject to the same rules and regulations, and be engaged for the like term and upon the same conditions, in all respects whatever, as are stipulated for the said regiment of dragoons now in service.'

SEC. 7. That the President of the United States may disband the said regiment whenever, in his opinion, the public interest no longer requires their services; and that the sum of $300,000, required to carry into effect the provisions of this act, is hereby appropriated out of any money in the treasury not otherwise appropriated.

SEC. 8. That so much of this act as relates to volunteers shall be in force for two years from and after the passage of this act, and no longer. [Approved, May 23, 1836.]

CHAPTER 356.-Approved, July 4, 1836.-Vol. 5, p. 117.

An Act authorizing the appointment of additional paymasters, and for other purposes. 5. In absence of the quartermaster-general, &c., the President may empower others to perform the duties. Proviso: no additional compensation allowed therefor.

That the President of the United States be, and he hereby is, authorized and empowered to appoint three additional paymasters, to be attached to the pay department of the army: Provided, That the appointments be submitted to the senate for their confirmation, in the same manner as other officers of the army.

SEC. 2. That the officers appointed in virtue of this act shall perform the same duties and receive the same pay and allowances as the present paymasters of the army, and shall, in like manner, be subject to the rules and articles of war, and previous to entering upon the duties of their office

1 Dragoons and mounted riflemen are, by act of 3 Aug. 1861, to be denominated cavalry.

shall give such bonds to the United States as the secretary of war may direct, for the faithful performance of their duties.

SEC. 3. [That when volunteers or militia are called into service of the United States, so that the paymasters authorized by law shall not be deemed sufficient to enable them to pay the troops with proper punctuality, it shall be lawful for the President to assign to any officer of the army the duty of paymaster, who, while so assigned, shall perform the same duty, give the same bond, be subject to the same liability, and receive the same emoluments as are now provided for paymasters of the army: Provided, however, That the number of officers so assigned shall not exceed one for every two regiments of militia or volunteers:] And provided, also, That the whole emoluments of the said officers, including their pay and allowances in the line, shall not exceed the pay and emoluments of a paymaster.2

SEC. 4. That the President of the United States be, and he hereby is, authorized and empowered to appoint three additional surgeons and five assistant surgeons, to be attached to the medical staff of the army.

SEC. 5. That during the absence of the quartermaster-general, or the chief of any other military bureau of the war department, the President be authorized to empower some officer of the department or corps whose chief is absent to take charge thereof, and to perform the duties of quartermaster-general or chief of the department or corps, as the case may be, during such absence: Provided, That no additional compensation be allowed therefor.

[Approved, July 4, 1836.]

CHAPTER 362.-Approved, July 4, 1836.-Vol. 5, p. 127.

An Act granting half pay to widows or orphans, where their husbands and fathers have died of wounds received in the military service of the United States, in certain cases, and for other purposes.

1. Five years' half pay to widows or orphans of militia who have died, &c. in service since 20 April, 1818. Half pay of infantry. Not over a lieutenantcolonel. 2. Act of 7 June, 1832, chap. 126, extended to widows or children. 3. And to widows, under the 7 June, 1832, chap. 126. 4. Transfers void. Oath of agent. 5. Forms by secretary of war.

That when any officer, non-commissioned officer, musician, or private of the militia, including rangers, sea-fencibles, and

1 All within brackets repeated, in sec. 25, chap. 162, 5 July, 1838.

2 See 12 April, 1808, chap. 43; and chap. 162, sec. 25, 5 July, 1838.

3 See sec. 33, chap. 162, 5 July, 1838; and note to chap. 42, 3 Aug. 1861; and chap. 51, 16 April, 1862; and chap. 128, July, 1862.

4 Extended to widows and orphans of soldiers on or since the 1 March, 1846, or during the war with Mexico, by the 21 July, 1848, chap. 108, sec. 1, and to those