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2 Stat. 490.

8. The president of the United States be, and he hereby is authorized, to purchase 23 April 1808 & 2. sites for, and erect such additional arsenals and manufactories of arms, as he may deem expedient, under the limitations and restrictions now provided by law: Provided also, President may that so much of any law as restricts the number of workmen in the armories of the tional sites. United States to one hundred men, be, and the same hereby is repealed.

purchase addi

3 Stat. 204.

9. The keepers of all magazines and arsenals shall, quarterly, or oftener if so directed, 8 Feb. 1815 3 6. and in such manner as directed by the colonel of the ordnance department, make correct returns to the colonel or senior officer of the ordnance department, of all ordnance, arms, Keepers of arsenals to report. and ordnance stores, they may have in charge. 10. To insure system and uniformity in the different public armories, they are hereby Ibid. 9. placed under the direction of the ordnance department. And the colonel of the ordnance Armories to be department, under the direction of the secretary for the department of war, is hereby under the ord nance departauthorized to establish depots of arms, ammunition, and ordnance stores, in such parts ment. of the United States, and in such numbers, as may be deemed necessary.

5 Stat. 512.

at Springfield

armorers, &c.

11. The offices of the superintendents of the armories at Springfield and at Harper's 23 Aug. 1842 ? 2. Ferry shall be, and the same are hereby abolished, and the duties thereof shall be performed by such officers of the ordnance corps as shall be designated by the president; Superintende: ts and that from and after the first day of October next, the master-armorers, at the national and Harper's armories, shall receive each twelve hundred dollars, annually, payable quarter-yearly; Ferry abolished. and the inspectors and clerks, each eight hundred dollars per annum; and the pay- Salaries of masters and military storekeepers, at the armories and at the arsenals of construction at Pittsburgh, Watervliet and Washington city, (a) shall receive each twelve hundred and fifty dollars annually, payable in like manner, and the said paymasters and military storekeepers shall give security for the faithful discharge of their duties, in such sum as To give security. the secretary of war shall prescribe. And the two military storekeepers authorized by the act of 2d of March 1821, (b) shall receive each twelve hundred and fifty dollars per Salary of military annum. And no military storekeeper, at arse rsenals, shall, after the first day of October storekeepers. next, receive, as pay or emoluments, beyond eight hundred dollars per annum, besides quarters actually provided and occupied as such, and the number authorized to be thus employed is hereby limited to ten; (c) and all other offices of military storekeepers are Number limited. hereby abolished and discontinued, on and after the said first day of October, and the officers hereby dismissed shall be allowed three months' pay in addition to the pay and emoluments to which they may be entitled on that day. And none of the above-named No emoluments officers and no officers at the armories, of any grade whatever, shall hereafter receive beyond their pay emoluments of any kind, or any compensation or commutation beyond their stipulated pay in money, except quarters actually provided for and occupied by such officers.

except quarters.

12. The master-armorers at the national armories shall receive fifteen hundred dollars 3 March 1857 2 3. each per annum.

11 Stat. 203.



1. Annual appropriation for arms, &c.

2. Distribution of, among the states, &c.

3. Appropriation to be paid out of any unappropriated moneys. 4. Not to be liable to be carried to the surplus fund. Or to be transferred to any other purpose.

5. Ratio of distribution among the states, &c. Duty of secretary of war.

6. Damages to arms to be deducted from pay of officers and soldiers. Damages to be reported.

7. Reports to be made from the ordnance to the war depart ment.

8. Unserviceable arms, &c., to be sold.
9. By whom to be inspected. Sales regulated.

1. That the annual sum of two hundred thousand dollars be, and the same hereby is, 23 April 1808 8 1 appropriated for the purpose of providing arms and military equipments for the whole body of the militia of the United States, either by purchase or manufacture, by and on account of the United States.

2 Stat. 490. Annual appropriation for arms &c.

2. All the arms procured in virtue of this act, shall be transmitted to the several states Ibid. 23. composing this Union, and territories thereof, to each state and territory respectively, in Distribution of, proportion to the number of the effective militia in each state and territory, and by each among the states, state and territory to be distributed to the militia in such state and territory, under such rules and regulations as shall be by law prescribed by the legislature of each state and territory.


3 Stat. 320.

3. The annual sum of two hundred thousand dollars, as appropriated for the purpose 29 April 1816 2 1. of providing arms and military equipments for the militia, either by purchase or manufacture, according to the act of the 23d of April 1808, entitled, "An act making pro- Appropriation to vision for arming and equipping the whole body of the militia of the United States," any unapproshall be paid for each year, respectively, out of any moneys in the treasury not other-priated moneys. wise appropriated.

be paid out of

(a) And at Watertown; by act 3 March 1849, 22. 9 Stat. 373.
(b) 3 Stat. 615-16.
(c) Five more, by act 3 March 1857, 2; and they, and all other

military storekeepers, to have in kind, and in kind only, the fuel and quarters of first lieutenant of the army. 11 Stat. 203.

4. The sum appropriated, to be paid as aforesaid, shall be applied for the purpose and according to the intention specified in said act, without being liable at any time to be carried to the account of the surplus fund. And nothing in the act of the 3d of March 1809, 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 transferring of the sum annually appropriated as aforesaid, or any portion thereof, to any other branch of expenditure.

5. The annual distribution of arms to the several states, under the act approved April 23d 1808, entitled "An act making provision for arming and equipping the whole body of Ratio of distribu- the militia of the United States," shall be hereafter made according to the number of tion among the states, &c.

their representatives and senators in congress, respectively; and that arms be distributed to the territories and the District of Columbia, in such quantities and under such regu lations as the president, in his discretion, may prescribe: Provided, That the secretary Duty of secretary of war shall first equalize, as far as practicable, the number of arms heretofore dis

of war.

tributed and now in possession of the several states, so that each state which has received less than its pro rata share shall receive a number sufficient to make an equal pro rata proportion for all the states, according to the present number of their representatives and senators in congress, respectively.

6. The costs of repairs or damages done to arms, equipments or implements, in the use of the armies of the United States, shall be deducted from the pay of any officer or Damages to arms soldier in whose care or use the said arms, equipments or implements were when the

to be deducted from pay of off

said damages occurred: Provided, The said damages were occasioned by the abuse or cers and soldiers. negligence of the said officer or soldier. And it is hereby made the duty of every officer

commanding regiments, corps, garrisons or detachments, to make, once every two months or oftener if so directed, a written report to the colonel of the ordnance department, stating all damages to arms, equipments and implements, belonging to his command, noting those occasioned by negligence or abuse, and naming the officer or soldier by whose negligence or abuse the said damages were occasioned.

Ibid. 3 8. Reports to be made from the crdnance the

7. The colonel of the ordnance department shall make, half-yearly, to the war department, or oftener, if the secretary for that department shall so direct, a correct report of the officers, and all artificers and laborers in his department; also, of all ordnance,

war department. arins, military stores, implements and apparatus, of every description, and in such form

as the secretary for the department of war shall direct.

8. That the president of the United States be, and he is hereby authorized, to cause to be sold any ordnance, arms, ammunition or other military stores or subsistence, or medical supplies, which, upon proper inspection or survey, shall appear to be damaged or otherwise unsuitable for the public service, whenever, in his opinion, the sale of such unserviceable stores will be advantageous to the public service.

29 April 1916 3 2.

3 Stat. 320.

to be carried to

Not to be liable the surplus fund.

Or to be transferred to any other purpose.

3 March 1855 ? 7.

10 Stat. 639.

8 Feb. 1815 27. 3 Stat. 204.

Damages to be reported.

8 March 1525 1. 4 Stat, 127. Unserviceable arms, &c., to be Bold.

Ibid. 3 2.

9. The inspection or survey of the unserviceable stores shall be made by an inspectorBy whom to be general, or such other officer or officers as the secretary of war may appoint for that purpose; and the sales shall be made under such rules and regulations as may be prescribed by the secretary of war.(a)


Sales regulated.

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34. Corps of engineers organized. Promotions.

35. To be stationed at West Point and constitute a military academy.

36. Superintendence of academy. Books, &c., to be procured. 37. Teachers of French and drawing.

38. Professors of natural philosophy; of mathematies; and of engineering. Assistants. Staff to have no command in the army. 39. Number of cadets. Officers. Musicians. Military instructions. Encampments. Age and qualifications. Articles. Pay, &c. 40. Graduates to be candidates for promotion. May be attached as supernumerary officers.

41. Commander need not be taken from the corps.

42. Chaplain and professor of ethics, &c.

43. Corps may be increased.

44. Professor of chemistry. &c., at West Point. Assistant. 45. When engineers to disburse public moneys.

46. Term at West Point.

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112. Supplies to be purchased by contract. 113. Increase of commissariat department. 114. Not to be separated from the line.



111. Commissary-general of subsistence. Bond. Assistants. Duties.

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99. To distribute clothing, &c.

100. Officers to make quarterly returns of clothing &c.

101. Officers to be liable for waste of or damage to supplies; ex- of parents, &c. tept in case of unavoidable accident.

102. Additional officers to be appointed. Forage.


152. One for each brigade. Pay and emoluments. 153. Chaplains for military posts. Pay and rations. 154. Number limited.

155. Ten additional chaplains.


156. Promotions to be made through the whole line of the army.

157. Promotions in the staff.

158. Lieutenants in the engineers and ordnance to be prometed after fourteen years' service.


159. President may confer rank by brevet. No additional pay, except, &c.

160. When brevet pay to be received.

161. Brevets to be confirmed by the senate.

162. To include the adjutant-general.

163. When non-commissioned oflicers may receive brevet commissions.


164. Militia in actual service may be enlisted.

165. Recruits to be able-bodied men, between eighteen and fifty years of age.

166. Minors to have four days to retract.

167. Minors may be enlisted without the consent of their parents or guardians. In case of apprentices, masters to have part of the bounty.

168. No recruiting fee, or bounty money, to be allowed.

169. Convicts not to be enlisted.

170. Size of recruits

171. Bounty for enlistment at distant parts.

172. Secretary to discharge minors enlisted without the consent

173. Bounty for re-enlistment.

XVI. ARTICLES OF WAR. 174. Art. 1. Officers to subscribe articles.

175. Art. 2. Attendance at divine service. Penalty for miscon duct at.

184. Art. 11. Discharges to be in writing. charges of commissioned officers.

176. Art. 3. Profane swearing.

177. Art. 4. Chaplains to be fined for absence.

178. Art. 5. Contemptuous or disrespectful language against the president.

179. Art. 6. Disrespect to commanding officer.

180. Art. 7. Mutiny.

181. Art. 8. Neglect to give information of, or to suppress mutity. 182. Art. 9. Striking a superior officer.

183. Art. 10. Articles to be read to recruits. Oath. Certificate.

How given. Dis.

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219. Art. 46. Sleeping on post.

220. Art. 47. Excuses from duty. Hiring of another.

221. Art. 48. Conniving at hiring.

222. Art. 49. False alarms.

228. Art. 55. Forcing safeguard.

229. Art. 56. Aiding the enemy.

230. Art. 57. Corresponding with the enemy.

231. Art. 58. Captured stores to be secured.

232. Art. 59. Compelling a surrender.

233. Art. 60. Suttlers to be subject to rules. 231. Art. 61. Brevet rank.

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266. Art. 93. Oath of members. Of judge advocate.
267. Art. 94. Effects of deceased officers, how recovered.
268. Art. 95. Effects of deceased soldiers.
269. Art. 96. Who to be subject to articles of war.
270. Art. 97. Militia in service.


205. Art. 92 How proceedings authenticated. When evidence. When to be ordered.

271. Art. 98. Kank of militia officers in service.

272. Art. 99. What punishable by court martial.

273. Art. 100. Uniform.

274. Art. 101. Articles to be read and published every ix months.

275. Spies, how punished.

276. Former rules abolished.

277. Corporal punishment abolished.

278. When president to appoint courts martial.

279. To be approved by him.

223. Art. 50. Quitting guard, &c.

224. Art. 51. Violence to persons bringing provisions.

225. Art. 52. Misbehavior before the enemy. Cowardice. Plun horses kept in service. Officers' servants. dering.

to subalterns.

226. Art. 53. Disclosing watchword.

227. Art. 54. Misbehavior on the march.

250. Part of 65th article repealed.

281. Desertion not punished with death in time of peace.

282. Corporal punishment for desertion.

253. Judge advocate to be appointed for the army.

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298. Not to be taken from the line. How mustered and paid.

299. Pay, &c., to continue whilst prisoners of war.

300. Rations, pay and forage of medical officers.

301. President to prescribe the quantity and kind of clothing. Extra articles to be deducted from pay. Allowance for these not drawn. General regulations to be established.

302. Allowance, on discharge, for clothing not drawn.

303. Value of forage in money. Not to be drawn except for Additional ration

304. Ration may be altered.

305. Additional ration to captains and subalterns.

306. Extra pay to officers in actual command of companies Subalterns on the staff not to have additional ration.

307. No extra compensation for disbursing public money. 308. Additional ration for every five years' service.

309. All enlistments for five years. Pay of non-commissioned officers and privates.

310. Sugar and coffee ration.

311. Pay and medical departments.

312. No back rations. Pay of privates. Officers of engineers Additional rations to paymaster general and surgeon-general.

313. What officers to draw additional rations whilst in command of separate posts.

314. For what number of horses officers to draw forage.

315. Lieutenants holding appointments of adjutant and regimental quartermaster to receive additional ration.

316. Additional rations to quartermaster-general and adjutantgeneral.

317. Pay of non-commissioned officers and privates increased. 318. Extra pay to meritorious soldiers who re-enlist.

319. Certain non-commissioned officers to receive extra pay. 320. Extra pay for fatigue duty.

321. Pay of officers increased.

322. Chaplains.

323. Pay of cadets.


324. Payment to be made for horses lost in the military service In what cases. Deductions.

325. Payment for property captured, destroyed, &c.

326. How claims to be adjusted.

327. Adjudication to be recorded. Payment.

828. Payments to be made to parents and guardians of minors. 329. Owners, furnishing horses, &c., to receive compensation. 330. Horses becoming unserviceable for want of forage to be paid for.


331. Officers detached not to lose rank.

332. Penalties for desertion.

333. For enticing soldiers to desert. For purchasing arms, &c. For receiving deserters on board a ship.

331. Oath of officers and soldiers.

335. Soldiers to be exempt from arrest for delt.

336. Allowance to discharged soldiers.

337. Officers not to be engaged in civil works, &c. Nor to act as paymasters or disbursing agents, separate from their regiments. 338. Suttlers to have no lien on soldiers' pay.


2 March 1821 8 1. 1. From and after the first day of June next, the military peace establishment of the United States shall be composed of four regiments of artillery, and seven regiments of

3 Stat. 615.

infantry, with such officers of engineers, of ordnance and of the staff, as are hereinafter 2 March 1821 provided for.

2. Each regiment of artillery shall consist of one colonel, one lieutenant-colonel, one Ibid. 22. major, one sergeant-major, one quartermaster-sergeant, and nine companies, (a) one of Artillery. which shall be designated and equipped as light artillery; [and that there shall be attached to each regiment of artillery one supernumerary captain to perform ordnance Light artillery. duty;](b) and that each company shall consist of one captain, two first lieutenants, two second lieutenants, four sergeants, four corporals, three artificers, two musicians and forty-two privates. That each regiment of infantry shall consist of one colonel, one Infantry. lieutenant-colonel, one major, one sergeant-major, one quartermaster-sergeant, two principal musicians and ten companies; each of which shall consist of one captain, one first lieutenant, one second lieutenant, three sergeants, four corporals, two musicians and forty-two privates; and that to each regiment of artillery and infantry there shall be one adjutant, who shall be taken from the subalterns of the line.

3. The corps of engineers (bombardiers excepted), and the topographical engineers, and their assistants, shall be retained in service as at present organized. (c)

4. [That the ordnance department shall be merged in the artillery ;](d) and that the president of the United States be, and he is hereby authorized to select, from the regiments of artillery, such officers as may be necessary to perform ordnance duties, who, while so detached, shall receive the pay and emoluments now received by ordnance officers, and shall be subject only to the orders of the war department; [and that the number of enlisted men in the ordnance department be reduced to fifty-six.](d)

Ibid. 25.

5. There shall be one major-general, with two aids-de-camp, two brigadier-generals, each with one aid-de-camp; (e) and that the aids-de-camp be taken from the subalterns Major-genera', of the line, and, in addition to their other duties, shall perform the duties of assistant and brigadier adjutant-general.

generals, with aids.

Ibid. 26.

6. There shall be one adjutant-general, (g) and two (h) inspectors-general, with the rank, pay and emoluments of colonels of cavalry.

Ibid. 7.

7. There shall be one quartermaster-general; that there shall be two quartermasters, with the rank, pay and emoluments of majors of cavalry; and ten assistant quarter- Quartermaster masters, who shall, in addition to their pay in the line, receive a sum not less than ten general, &c. dollars, nor more than twenty dollars, per month, to be regulated by the secretary of war.

Ibid. 23. Engineers. 1bid. 4. Ordnance.

Ibid. 28.

sistence, &c.

8. There shall be one commissary-general of subsistence; and that there shall be as many assistant commissaries as the service may require, not exceeding fifty, who shall Commissary. be taken from the subalterns of the line, and shall, in addition to their pay in the line, general of subreceive a sum not less than ten, nor more than twenty dollars per month; and that the assistant quartermasters and assistant commissaries of subsistence, shall be subject to duties in both departments, under the orders of the secretary of war.(i)

Ibid. 29.

9. There shall be one paymaster-general, with the present compensation, and fourteen paymasters, with the pay and emoluments of regimental paymasters, (k) and that there Paymaster-gene shall be [one commissary of purchases](?) and two military storekeepers, to be attached ral, &c. to the purchasing department.

10. The medical department shall consist of one surgeon general, eight surgeons, with Ibid. 10. the compensation of regimental surgeons, and forty-five assistant surgeons, with the com- Medical departpensation of post surgeons.


11. The officers, non-commissioned officers, artificers, musicians and privates, retained Ibid. 11. by this act, except those specially provided for, shall have the same rank, pay and emolu- Rank, pay. &c., ments, as are provided, in like cases, by existing laws;(m) and that the force authorized as by existing and continued in service under this act, shall be subject to the rules and articles of war.


2 Stat. 483.

12. The officers, cadets, non-commissioned officers, musicians, artificers and privates, 12 April 1808 § 5. raised pursuant to this act, shall be entitled to the like compensation in case of disability by wounds and otherwise, incurred in the service, as the officers, cadets, non-com- Act of 1502 remissioned officers, musicians, artificers and privates in the present military establish


(a) See infra, 15.

act 23 August 1842, and the duties thereof transferred to the (b) Clause within brackets repealed, by act 5 April 1832, 3; quartermaster's department. See infra, 108. infra, 66.

(m) By this act congress had no intention to alter the existing military system, further than to reduce the establishment, at d to make the positive changes therein provided. The 11 is to la liberally construed, as recognising all the objects more especialy provided for by 7 of the analogous act of 1815, (3 Stat. 221-6), which provided, "that the several corps authorized by this net, shall be subject to the rules and articles of war, be recruited in the same manner, and with the same limitations; and that officers, non-commissioned, musicians and privates, shall be entitled to the same provision for wounds and disabiliti s. the same provision for widows and children, and the same benefits and allowances in every respect, not inconsistent with the provisiona of this act, as are authorized by the act of 16th March 1802, (2 Stat. 12), and the net of the 12th April 1808, (infra. 12)."~2 Opin. 188. Mayo & Moulton's Pension and Bounty Land Laws, 525.

(c) See infra, 34.

(d) Repealed by act 5 April 1832, § 3; infra, 66. (e) Generals by brevet are not authorized to appoint aids-decamp. 2 Opin. 644.

(g) The adjutant-general of the army, under this act. may hold at the same time the office of adjutant-general with the rank of colonel, and that of major of the 2d regiment of artillery. 2 Opin. 644. (h) The inspectors-general were reduced to one by act 23 August 1842, 84; infra, 148; but this provision was repealed, and the two were restored by act 12 January 1846. 9 Stat. 2.

(1) This section was enacted as a permanent provision; it has Dever been repealed nor abrogated, and is still in force. 3 Opin. 84. (k) See Wetmore v. United States. 10 Pet. 647. (1) The office of commissary of purchases was abolished by the

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