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ber of major-generals in the army shall be reduced to one, and the number of brigadier-generals shall be reduced to two; and the President of the United States is authorized and directed to select from the whole number which may then be in office, without regard to the date of their commissions, the number to be retained, and cause the remainder to be discharged from the service of the United States.

Sec. 2. That the President of the United States be, and he hereby is, authorized to call into the service, under the act approved May 13, 1846, such of the general officers of the militia as the service, in his opinion, may require, and to organize into brigades and divisions the forces authorized by said act, according to his discretion.

Sec. 3. That the field and staff of a separate battalion of volunteers, under the said act, shall be one lieutenant-colonel or major, one adjutant, with the rank of lieutenant, one sergeant-major, one quartermaster-sergeant, and a chief bugler or principal musician, according to corps.

Sec. 4. That the President of the United States may limit the privates in any volunteer company, according to his discretion, at from sixty-four to one hundred; and that with every volunteer company an additional second lieutenant may be allowed and accepted.2

Sec. 5.3 That when volunteers or militia are called into the service of the United States in such numbers that the officers of the quartermaster, commissary, and medical departments, authorized by law, be not sufficient to provide for supplying, quartering, transporting, and furnishing them with the requisite medical attendance, it shall be lawful for the President to appoint, with the advice and consent of the senate, as many additional officers of said departments as the service may require, not exceeding one quartermaster and one commissary for each brigade, with the rank of major, and one assistant quartermaster, with the rank of captain, one assistant commissary, with the rank of captain, one surgeon, and one assistant surgeon, for each regiment; the said quartermasters and commissaries, assistant quartermasters and assistant commissaries, to give bonds, with good and sufficient sureties, for the faithful performance of their duties; and they and the said surgeons and assistant surgeons to perform such duties as the President shall direct: Provided, That the said officers shall be allowed the same pay and emoluments as are now allowed to officers of the same descriptions and grades in those departments, respectively; that they be subject to the rules and articles of war, and continue in service only so long as their services shall be required, in connection with the militia and volunteers.

Sec. 6. That the President of the United States be, and he hereby is, authorized to appoint as many additional assistant adjutant-generals, not exceeding four, as the service may require; who shall be appointed, by and with the advice and consent of the senate, in the same manner, have the same brevet rank, pay, and emoluments, and be charged with the same duties, as those now authorized by law: Provided, That these additional appointments shall continue only so long as the exigencies of the service may render necessary.

1 To carry on and conclude the Mexican war, chap. 16.
2 These provisions were regarded as temporary; see 17 June, 1850, chap. 20.
3 This is very like a general enactment, but was regarded as temporary.

* Three more, by 3 March, 1847. By act of 5 July, 1838, there were six; and see organization of, also, chap. 42, sec. 2, 3 August, 1861.

5 Of captains of cavalry, 5 July, 1838, chap. 162, sec. 7; majors by chap. 200, July, 1862.

6 Inspectors-general when required, 5 July, 1838.

Sec. 7. That promotion, in the quartermaster's department, to the rank of major, shall hereafter be made from the captains of the army; and that appointments in the line, and in the general staff, which confer equal rank in the army, shall not be held by the same officer at the same time; and when any officer of the staff who may have been taken from the line shall, in virtue of seniority, have obtained or be entitled to promotion to a grade in his regiment equal to the commission he may hold in the staff, the said officer shall vacate such staff commission, or he may, at his option, vacate his commission in the line.'

Sec. 8. That the aids-de-camp of the major-general commanding the army in time of war may be taken from the line, without regard to rank; and the aids-de-camp allowed to other major-generals and brigadier-generals may be taken from the grade of captain or subaltern; and that the commanding or highest general in rank may, while in the field, appoint a military secretary from the subalterns of the army, who shall have the pay and emoluments of a major of cavalry for the time being.

Sec. 9. That the allowance for clothing to each non-commissioned officer, musician, and private, of volunteers, shall be three dollars and fifty cents per month,' during the time he shall be in the service of the United States.

Sec. 10. That the non-commissioned officers, musicians, and privates, of volunteers and militia, when called into the service of the United States, shall be entitled to receive fifty cents, in lieu of subsistence, and twenty-five cents in lieu of forage for such as are mounted, for every twenty miles, by the most direct route, from the period of leaving their homes to the place of general rendezvous, and from the place of discharge back to their homes.

Sec. 11. That the colonel or senior officer of the ordnance department is authorized to enlist, for the service of that department, as many master armorers, master carriage-makers, master blacksmiths, artificers, armorers, carriage-makers, blacksmiths, and laborers, as the public service, in his judgment, under the

1 See chap. 33, 3 March, 1851.

2 By chap. 6, 28 January, 1848, clothing in kind, instead of money, may be issued to volunteers.

3 When not furnished in kind, by chap. 9, sec. 5, 25 July, 1861.

their respective homes to the academy, and back to their homes.

Sec. 3. That the teacher of drawing, and the first teacher of French, at the military academy, shall hereafter' be, respectively, professor of drawing, and professor of the French language.

[-Approved, August 8, 1816.]

RESOLUTION 11.-Approved, July 16, 1846. — Vol. 9, p. 111.

A joint Resolution presenting the thanks of Congress to Major-General Taylor, his

officers and men. That the thanks of Congress are due, and are hereby tendered, to MajorGeneral Zachary Taylor, commanding the army of occupation, his otticers and men, for the fortitude, skill, enterprise, and courage which have distinguished the recent brilliant operations on the Rio Grande.

Tbat Congress sincerely sympathize with the relatives and friends of the officers and soldiers of the army of the United States who so bravely fell in the service of their country on the Rio Grande.

That the President of the C'nited States be requested to cause the foreging resolutions to be communicated to General Taylor, and, through him, to the army under his command.

That the President of the United States be authorized and requested to have a medal of gold procured, with appropriate devices and inscriptions thereon, and presented to General Taylor, in the name of the Republic, as a tribute due to his good conduct, valur, and generosity to the vanquished.

RESOLUTION 12.- Approved, July 16, 1816.– Vol. 9, p. 111.

A joint Resolution to refund to states and indiriduals, erpenses incurred by them

ender calix for militia and rolunteere made by Generals Gaines and Taylor. That the secretary of war be, and he is hereby, authorized and required to refund, out of the appropriation made by the “ Act providing for the proseeutin of the existing war between the l'nited States and the Republic of M-1100," approved the 13th of May, 1846, to the governors of the several states called upon by General Tavlor and General Gaines for volunteers and militia, and also to individuals, the amount of the expenses incurred by said states and individuals in fitting out and preparing said volunteers or militia to join the army under the command of General Taylor, to be setuled upon just and equitable principles.

106re created 28 Feb. 1803, chap. 18, sec, 2. See 3 March, 1851, chap. 22, post.

Sec. 7. That promotion, in the quartermaster's department, to the rank of major, shall hereafter be made from the captains of the army; and that appointments in the line, and in the general staff, which confer equal rank in the army, shall not be held by the same officer at the same time; and when any officer of the staff who may have been taken from the line shall, in virtue of seniority, have obtained or be entitled to promotion to a grade in his regiment equal to the commission he may hold in the staff, the said officer shall vacate such staff commission, or be may, at his option, vacate his commission in the line.

Sec. 8. That the aids-de-camp of the major-general command. ing the army in time of war may be taken from the line, without regard to rank; and the aids-de-camp allowed to other major-generals and brigadier-generals may be taken from the grade of captain or subaltern; and that the commanding or highest general in rank may, while in the field, appoint a military secretary from the subalterns of the army, who shall have the pay and emoluments of a major of cavalry for the time

being.

Sec. 9. That the allowance for clothing to each non-comm.. sioned officer, musician, and private, of volunteers, shall be three dollars and fifty cents per month, during the time he shall be a the service of the United States.

Sec. 10. That the non-commissioned officers, musicians, and privates, of volunteers and militia, when called into the service of the United States, shall be entitled to receive fifty cents, in lieu of subsistence, and twenty-five cents in lieu of forage for suste as are mounted, for every twenty miles, by the most dinyt route, from the period of leaving their homes to the place of general rendezvous, and from the place of discharge back to their homes.

Sec. 11. That the colonel or senior officer of the orinan department is authorized to enlist, for the service of that deparkment, as many master armorers, master carriage-makers, masker blacksmiths, artificers, armorers, carriage-makers, blacksmiths and laborers, as the public service, in his judgment, under the

i See chap. 33, 3 March, 1851. 2 By ebap. 6, 28 January, 1848, clothing in kind, instead of money, may be used 3 When not furnished in kind, by chap. 9, sec. 5, 25 July, 1861.

to volunteers.

directions of the secretary for the department of war, may require.

[Approved, June 18, 1846.]

CHAPTER 33.—Approved, June 26, 1846.—Vol. 9, p. 20.

An Act to provide for the organization of the volunteer forces brought into the service

of the United States, into brigades and divisions, and for the appointment of the necessary number of general officers to command the same.

That the President of the United States be, and he is hereby, authorized to organize into brigades and divisions such of the volunteer forces as have been or may be called into the service of the United States, under the act approved May 13, 1846,1 entitled “An act providing for the prosecution of the existing war between the United States and the Republic of Mexico;" and that he be, and hereby is, authorized to appoint, by and with the advice and consent of the senate, such number of major-generals and brigadiergenerals as the organization of such volunteer forces into brigades and divisions may render necessary: Provided, That the brigadier-generals and major-generals so appointed shall be discharged from service by the President of the United States, when the war with Mexico shall be terminated by a definitive treaty of peace, duly concluded and ratified; or, in case the brigades or divisions of volunteers at any time in the service shall be reduced in number, the brigadier-generals and major-generals herein provided for shall be discharged in proportion to the reduction in the number of the brigades and divisions: And provided, further, That each brigade of volunteers shall consist of not less than three regiments, and each division shall consist of not less than two brigades.

CHAPTER 66.-Approved, July 29, 1846.-Vol. 9, p. 41.

An Act in relation to the payment of claims. That whenever a claim on the United States aforesaid shall hereafter have been allowed by a resolution oract of Congress, and thereby directed to be paid, the money shall not, nor shall any part thereof, be paid to any person or persons other than the claimant or claimants, his or their executor or executors, administrator or administrators, unless such person or persons shall produce to the proper disbursing officer a warrant of attorney, executed by such claimant or claimants, executor or

1 Chap. 16.
2 Applied to all claims by 26 February, 1853, chap. 81, sec. 7.

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