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12 April 1808. ment, and with them shall be subject to the rules and articles of war which have been established or may be hereafter, by law, be established: And that the provisions of the act, entitled "An act fixing the military peace establishment of the United States,”(a) relative to the widow, child or children of any commissioned officer who shall die, while in the service of the United States, by reason of any wound received in actual service Recruiting, &c. of the United States; to courts martial; the regulation and [compensation](b) of recruiting officers; the age, [size,](c) qualifications [and bounties] (d) of recruits; arrears of pay; the bonds and duties of paymasters; penalties for desertion; punishment of persons who shall procure or entice any soldier to desert, or shall purchase from any soldier his arms, uniform, clothing or any part thereof; and the punishment of any commanding officer of any ship or vessel who shall receive on board of his ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer; to the oath or affirmation to be taken and subscribed by officers, non-commissioned officers, musicians Extra expenses. and privates; to the allowance for extra expense to any commissioned officer in travelling and sitting on general courts martial; to arrests of non-commissioned officers, musicians and privates for debts; to the allowance to soldiers discharged from service, except by Allowance to dis- way of punishment; shall be in force and applied to all persons, matters and things charged soldiers. within the intent and meaning of this act, in the same manner as if they were inserted at large in the same.(e)

Arrest.

13. There shall be added to each of the four regiments of artillery, one company, to be organized in the same manner as authorized by existing laws, with the exceptions hereafter mentioned; [that there be added to every company of artillery sixteen privates, and to every company of infantry one sergeant and thirty-eight privates,] (g) and that the number of second lieutenants of a company of artillery be reduced to one, and that this One second lieu- reduction be so made in connexion with the appointment of officers to the four additional

tenant.

Desertion, &c.

Oaths.

5 July 1838 1. 5 Stat. 256.

One company added to each regiment of artillery.

companies authorized as aforesaid, and the transfer to the ordnance department hereafter directed, that all the present second lieutenants shall be retained in service; and there shall be raised and organized under the direction of the president of the United States, one regiment of infantry, to be composed of the same number and rank of officers, non-commissioned officers, musicians and privates, composing the regiments of infantry now in the service of the United States, who shall receive the same pay and allowances, and be subject to the same rules and regulations which now apply to other regiments of infantry, as provided for in this act.

Ibid. 22. Riflemen and

14. The president shall be and he is hereby authorized, whenever he may deem the same expedient, to cause not exceeding two of the regiments of infantry to be armed and light infantry. equipped and to serve as regiments of riflemen, and one other of the regiments of infantry to be armed and equipped and to serve as a regiment of light infantry.

15. Hereafter, and so soon as the reduction can be effected as herein provided, each company of dragoons shall consist of the commissioned officers as now provided by law, and of four sergeants, four corporals, two buglers, one farrier and blacksmith, and fifty privates; [and the second regiment of dragoons now in service shall be converted, after the fourth day of March next, into a regiment of riflemen ;] () and each company of artillery shall consist of the commissioned officers as now provided by law, and of four sergeants, four corporals, two artificers, two musicians and forty-two privates; and each company of infantry shall consist of the same number of commissioned officers as now provided, and of four sergeants, four corporals, two musicians and forty-two privates; and that no recruits shall be enlisted for the dragoons, artillery or infantry, until the numbers in the several companies shall be reduced by the expiration of the term of service, by discharge or other causes, below the number herein fixed for the said companies respectively: Provided, That nothing in this section shall be construed to prevent the re-enlistment of non-commissioned officers whose terms of service may expire before the army shall be reduced to the number heretofore established.

An additional regiment of infantry.

23 Aug. 1842 2 1. 5 Stat. 512. Dragoons reduced.

Artillery and infantry reduced.

Re-enlistments.

16. To each regiment of dragoons, artillery and mounted riflemen in the regular army, there shall be added one principal teamster, with the rank and compensation of quartermaster-sergeant, and to each company of the same, two teamsters, with the com pensation of artificers.

Ibid. 18.

17. There shall be added to each of the regiments of artillery two companies, to be Two additional organized in the same manner, and who shall receive the like pay and allowances in every respect as authorized by existing laws; and in addition to the four companies authorized by the act of March 2d 1821, (i) to be equipped as light artillery, the president

companies to each regiment of artillery.

3 March 1847

89. 9 Stat. 185.

Teamsters.

(a) Act 16 March 1802. 2 Stat. 132.

(g) Sce act 23 August 1842. infra, 15, fixing the number of (b) Provision for compensation to recruiting officers repealed by non-commissioned officers and privates in the infautry and artil get 2 March 1833; infra, 168.

(c) Repealed by act 5 July 1838; infra, 170.

(d) Repealed by act 2 March 1833; infra, 168.

(e) Most of these provisions of the act of 1802 are re-enacted and supplied by the act 11 January 1812; infra, 331-6.

lery.

(h) Clause within brackets repealed by act 4 April 1844; in fra, 29.

(i) Supra, 1.

is hereby empowered, when he shall deem it necessary, to designate four other compa- 3 March 1847. nies, one in each regiment, to be organized and equipped as light artillery; and each Light artillery. regiment of artillery shall be allowed two principal musicians, with the rates of pay pro- Musicians. vided by law for the principal musicians in the regiments of infantry.

9 Stat. 306.

18. The officers and men of the light artillery, when serving as such and mounted, shall receive the same pay and allowances as provided by law for the dragoons. 19. The act entitled “An act to authorize an increase of the rank and file of the army 14 Aug. 1848 § 2. of the United States," approved May 13, 1846, (a) be, and the same is hereby, repealed: Provided, That the president of the United States may, by transfer from other regiments, Companies of five increase the number of privates, of not more than five regiments, to such number as he be increased to 100 privates. may think discreet, not exceeding one hundred privates to each of the companies of said five regiments.

may

Ibid. 19.

9 Stat. 438.

20. Hereafter each company of artillery designated and serving as light artillery, 17 June 1850 3 1. shall, during such service, consist of the commissioned officers as now provided by law, and of four sergeants, four corporals, two artificers, two musicians and sixty-four Organization of privates.

light artillery companies. Ibid. 2.

21. The president of the United States be, and he is hereby, authorized, by voluntary enlistment, to increase the number of privates in each or any of the companies of the Companies serv. existing regiments of the army, at present serving, or which may hereafter serve, at the ing on the western frontier may several military posts on the western frontier, and at remote and distant stations, to any be increased. number not exceeding seventy-four; and to cause such portions of the army as may, by law, be serving on foot, to be properly equipped and mounted whenever, in his opinion, May be mounted. the exigency of the public service may require the same: Provided, That the said enlistments shall be for the term of five years, unless sooner discharged.

posts.

22. Whenever enlistments are made at, or in the vicinity of, the said military posts, Ibid. 23. and remote and distant stations, a bounty equal in amount to the cost of transporting Bounty on enlist and subsisting a soldier from the principal recruiting depot in the harbor of New York, ment at distant to the place of such enlistment, be, and the same is hereby allowed to each recruit so enlisted, to be paid in unequal instalments at the end of each year's service, so that.the several amounts shall annually increase, and the largest be paid at the expiration of each enlistment.

10 Stat. €59.

23. There shall be added to the army two regiments of infantry and two regiments of 3 March 1855 2 8. cavalry, organized as in the existing force; and there shall be appointed by the presi dent, by and with the advice and consent of the senate, one brigadier-general, and that Two additional the officers and men authorized by this act shall be entitled to the same provisions for its two fantry, and wounds and disabilities, and the same provisions for widows and children, and the same of cavalry. allowances and benefits, in every respect, as are allowed to other troops composing the One brigadierarmy of the United States. They shall be subject to the rules and articles of war, and general. the men shall be recruited in the same manner as other troops, and with the same conditions and limitations.

II. DRAGOONS AND MOUNTED RIFLEMEN.

4 Stat. 652.

goons organized.

24. In lieu of the battalion of mounted rangers authorized by the act of the 15th of 2 March 1833 3 1. June 1832, 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- Regiment of drasergeant, and two chief buglers, one adjutant, who shall be a lieutenant, one sergeantmajor, 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 be the adjutant of the regiment, four sergeants, one of whom shall act as quartermastersergeant to the company, four corporals, two buglers, one farrier and blacksmith, and sixty privates.(b)

25. 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.

Ibid. 3.

To be liable to

26. The said regiment of dragoons shall be liable to serve on horse, or foot, as the president may direct; (c) 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 serve on horse or 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 To be subject to allowances and benefits in every respect, as are allowed the other troops constituting the general regulapresent military peace establishment.

on foot.

tions.

(a) 9 Stat. 11. See act 23 August 1842, supra, 15, reducing the number of privates in each company to fifty. And act 3 March 1847, supra,

Ibid. 22. pay, &c.

Their

16, by which one principal teamster is added to each company of
dragoons, and two teamsters to each company of the same.
(c) See also act 12 April 1808, 2 4; infra, 290

27. 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 Second regiment of the same number and rank of the officers, non-commissioned officers, musicians and of dragoons.

23 May 1836 6.

5 Stat. 33.

Ibid 27.

4 April 1844 22 5 Stat. 654.

19 May 1846 9 Stat. 13.

29. The present regiment of riflemen, formerly the second regiment of dragoons, shall, as soon as it can be effected after the passage of this act, be remounted, and called Second regiment the second regiment of dragoons, and shall in all things be governed by the same

of dragoons to be remounted.

organization and regulations as are provided by the act raising the first regiment of dragoons, entitled "An act for the more perfect defence of the frontier," approved the 2d day of March 1833, and shall, in all respects, be placed upon the same footing as the said first regiment of dragoons.(a)

30. There shall be raised one regiment of mounted riflemen, 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 men organized. sergeant-major, one chief musician and ten companies; each company shall consist of

Regiment of

mounted rifle

one captain, one first lieutenant, one second lieutenant, (exclusive of the adjutantlieutenant,) four sergeants, four corporals, two buglers, one farrier, one blacksmith and sixty-four privates.

31. The officers, non-commissioned officers, musicians and privates, shall be entitled to the same pay and emoluments as are allowed to dragoons, and that the farrier and blacksmith shall receive the same pay and allowances as are allowed to an artificer of artillery.(b) 32. The said regiment of riflemen shall be subject to the rules and articles of war, and shall be recruited in the same manner as other troops in the service of the United States, and with same conditions and limitations; and the officers, non-commissioned officers, musicians, privates, blacksmiths and farriers, shall be entitled to the same provisions for wounds and disabilities, and the same provisions for widows and children, and the same allowances and benefits, in every respect, as are allowed to other troops composing the army of the United States.

Ibid. ? 2. Their pay, &c.

Ibid. 3.

To be subject to general army regulations.

Ibid. 24. Extra pay on fatigue duty.

1.

16 Mar. 1802 3 26. 2 Stat. 137. Corps of engineers organized.

Promotions.

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 regula tions, 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.

28. The president of the United States may disband the said regiment whenever, in his opinion, the public interest no longer requires their services.

33. The non-commissioned officers, musicians and privates of said regiment, when employed in constructing fortifications, making surveys, cutting roads or performing other labor, shall be allowed fifteen cents per day each, with a commutation in money for the extra spirit ration, as provided by the act of the 2d of March 1819, entitled "An act to regulate the pay of the army when on fatigue duty."

III. ENGINEERS.

34. The president of the United States is hereby authorized and empowered, when he shall deem it expedient, to organize and establish a corps of engineers, (c) to consist of one engineer with the pay, rank and emoluments of a major; two assistant engineers, with the pay, rank and emoluments of captains; two other assistant engineers, with the pay, rank and emoluments of first lieutenants; two other assistant engineers, with the pay, rank and emoluments of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: (d) and the president of the United States is in like manner authorized, when he shall deem it proper, to make such promotions in the said corps, with a view to particular merit, and without regard to rank, so as not to exceed one colonel, one lieutenant colonel, two majors, four captains, four first lieutenants, four second lieutenants, and so as that the number of the whole corps shall, at no time, exceed twenty officers and cadets.

Ibid. 27.

35. The said corps, when so organized, shall be stationed at West Point in the state To be stationed of New York, and shall constitute a military academy; and the engineers, assistant and constitute & engineers and cadets of the said corps, shall be subject, at all times, to do duty in such

at West Point,

8

military aca- places, and on such service, as the president of the United States shall direct. (e)

demy.

36. The principal engineer, and in his absence the next in rank, shall have the superintendence of the said military academy, under the direction of the president of the of academy. United States; and the secretary of war is hereby authorized, at the public expense, Books, &c., to be under such regulations as shall be directed by the president of the United States to proprocured.

Ibid. 28. Superintendence

cure the necessary books, implements and apparatus for the use and benefit of the said institution.

(a) The second regiment of dragoons was converted into a regiment of riflemen by act 23 August 1842, supra, 15; but this provision was repealed by 1 of the act in the text.

(b) This act treated the regiment thereby created as a body of mounted men, and gave them the pay and emoluments of dragoons, previous to their being actually mounted. 4 Opin. 535.

(c) See supra, 3.
(d) See infra, 323.

The power of the president to detach officers of the engineer corps upon civil duty, does not prevent him from allowing them reasonable compensation therefor. Gratiot v. United States, 15

Pet. 336.

2 Stat. 206

37. The president of the United States be, and he is hereby authorized to appoint ne 23 Fet. 1803 3 2. teacher of the French language, and one teacher of drawing, to be attached to the corps of engineers, whose compensation shall not exceed the pay and emolument of a captain Teachers of in the line of the army.

French and drawing.

2 Stat. 720.

mathematics.

38. The military accademy shall consist of the corps of engineers, and the following 29 April 1812 2 professors, in addition to the teachers of the French language and drawing already provided, viz.: one professor of natural and experimental philosophy, with the pay and Professor of natural philosoemoluments of lieutenant-colonel, if not an officer of the corps, and if taken from the phy. corps, then so much in addition to his pay and emoluments as shall equal those of a lieutenant-colonel; one professor of mathematics, with the pay and emoluments of a major, Professor of if not an officer of the corps, and if taken from the corps, then so much in addition to his pay and emoluments, as shall equal those of a major; one professor of the art of engineering in all its branches, with the pay and emoluments of a major, if not an officer of Professor of the corps, and if taken from the corps, then so much in addition to his pay and emolu- engineering. ments as shall equal those of a major; each of the foregoing professors to have an Assistants. assistant professor, which assistant professor shall be taken from the most prominent characters of the officers or cadets, and receive the pay and emoluments of captains, and no other pay and emoluments while performing these duties: Provided, That nothing staff to have no herein contained shall entitle the academical staff, as such, to any command in the army army. separate from the academy.(a)

command in the

39. The cadets heretofore appointed in the service of the United States, whether of Ibid. 23. artillery, cavalry, riflemen or infantry, or that may be in fature appointed as hereinafter Number of provided, shall at no time exceed two hundred and fifty; that they may be attached at cadets. the discretion of the president of the United States, as students to the military academy, and be subject to the established regulations thereof; (b) that they shall be arranged into companies of non-commissioned officers and privates, according to the directions of the Officers. commandant of engineers, and be officered from the said corps, for the purposes of military instruction; that there shall be added to each company of cadets four musicians; and Musicians. the said corps shall be trained and taught all the duties of a private, non-commissioned officer and officer; be encamped at least three months of each year, and taught all the Military instruc duties incident to a regular camp; that the candidates for cadets be not under the age of fourteen, nor above the age of twenty-one years; that each cadet, previously to his Encampments. appointment by the president of the United States, shall be well versed in reading, Age and qualifiwriting and arithmetic, and that he shall sign articles, with the consent of his parent or guardian, by which he shall engage to serve five years, (c) unless sooner discharged; and Articles. all such cadets shall be entitled to and receive the pay and emoluments now allowed by Pay, &c. law to cadets in the corps of engineers.

tions.

cations.

promotion.

40. When any cadet shall receive a regular degree from the academical staff, after going Ibid. 24. through all the classes, he shall be considered as among the candidates for a commission Graduates to be in any corps, according to the duties he may be judged competent to perform; and in candidates for case there shall not at the time be a vacancy in such corps, he may be attached to it at the discretion of the president of the United States, by brevet of the lowest grade, as a May be attached supernumerary officer, (d) with the usual pay and emoluments of such grade, until as supernumervacancy shall happen: Provided, That there shall not be more than one supernumerary officer to any one company at the same time.

a

ary oflicers.

41. So much of the 26th section (e) of the act entitled "An act fixing the military Ibid. 26. peace establishment, passed the 16th day of March 1802," as confines the selection of Commander need the commander of the corps of engineers to the said corps, be, and the same is hereby not be taken repealed.

from the corps.

42. There shall be one chaplain stationed at the military academy at West Point, who 14 April 1818 2 2. shall also be a professor of geography, history and ethics, with the pay and emoluments allowed the professor of mathematics.

3 Stat. 426.

5 Stat. 256.

43. The president of the United States be and he is hereby, authorized to add to the 5 July 1838 ? 2. corps of engineers, whenever he may deem it expedient to increase the same, one lieutenant-colonel, two majors, six captains, six first and six second lieutenants; and that Corps may be inthe pay and emoluments of the said corps shall be the same as those allowed to the officers of the regiment of dragoons.

creased.

44. An additional professor be appointed to instruct in the studies of chemistry mineralogy and geology, with the pay and emoluments now allowed to the professor of mathematics; and that the secretary of war may assign to the said professor an assistant, chemistry, &c.

Ibid. 19. Professor of

(a) See 5 Opin. 627.

(b) Being consolidated with the original corps, they were made subject to be called into actual service whensoever and whereBoever it might please the president, and amenable to the rules and articles of war; and it follows, as a consequence, that they are entitled to the benefits of the provision made for wounds and di-abilities received in the line of their duty, by 14 of the act of 1802. 1 Opin. 348.

(c) Now eight years; see infra, 46.

(d) They are not commissioned officers, competent to sit on a court martial. 2 Opin. 251. See 1 Ibid. 469. Neither are they non-commissioned officers, within the meaning of the acts of con greas. They are inchoate officers of the army, and subject to no discipline incompatible with that character. Ibid. 323. (e) Supra, 31.

to be taken from the officers of the line or cadets: which assistant professor will receive the pay and emoluments allowed to other assistant professors.

45. It shall be the duty of the engineer superintending the construction of a fortification, or engaged about the execution of any other public work, to disburse the moneys applicable to the same; [and as a compensation therefor, may be allowed by the secretary of war at the rate of two dollars per diem, during the continuance of such disbursements: Provided, That the whole amount of emoluments shall not exceed one per cent. on the sum disbursed.](a)

46. The term for which cadets hereafter admitted into the military academy at West Point shall engage to serve, be and the same is hereby increased to eight years, unless sooner discharged.

20 July 1840 2.

pensation of com mander.

47. The commander of the corps of cadets at the military academy, shall be either the 5 Stat. 398. instructor of infantry tactics, of cavalry and artillery tactics, or of practical engineerDuties and coming, and that his pay and emoluments shall in no case be less than the compensation allowed by law to the professor of mathematics; and that the pay and emoluments of the instructors in these branches shall in no case be less than is allowed by law to the assistant professor of mathematics.

48. The assistant professors of ethics shall be allowed the same compensation as is now allowed by law to the other assistant professors in the institution.

1 March 18432 5 Stat. G06. Qualifications of

49. Hereafter in all cases of appointments of cadets to the West Point academy, the individual selected shall be an actual resident of the congressional district of the state or territory, or District of Columbia, from which the appointment purports to be made: And provided further, That the number of cadets by appointments hereafter to be made, shall be limited to the number of the representatives and delegates in congress, and one for the District of Columbia, and that each congressional and territorial district and District of Columbia, shall be entitled to have one cadet at said academy: Provided, Appointments at That nothing in this section shall prevent the appointment of an additional number of large.

cadets not exceeding ten to be appointed at large, without being confined to a selection by congressional districts.

2.

5 July 1838.

Ibid. 27.

When engineers to disburse pub

lic moneys.

Ibid. 28. Term at West Point.

Ibid. 23.

cadets.

Number.

50. The president be authorized to appoint a board of visitors, to attend the annual examination of the military academy, whose duty it shall be to report to the secretary of war, for the information of congress, at the commencement of the next succeeding session, the actual state of the discipline, instruction, police administration, fiscal affairs and other concerns, of the institution: Provided, That the whole number of visitors each year shall not exceed the half of the number of states in the Union; and that they shall be selected, alternately, from every second state, each member being a bonâ fide resident citizen of the state from which he shall be appointed; that not less than six members shall be taken from among officers actually serving in the militia; and that a second member shall not be taken from any congressional district, until every other district in the state shall have supplied a member: Provided further, That no compensation shall be made to said members beyond the payment of their expenses for board and lodging while at the military academy, and an allowance not to exceed eight cents per mile, for travelling by the shortest mail route from their respective homes to the academy, and back to their homes. And the sum of two thousand dollars is hereby appropriated to defray the expenses of said board of visitors, at the next annual examination.

Ibid. 23. 51. The teacher of drawing, and the first teacher of French, at the military academy, Teachers of draw- shall hereafter be, respectively, professor of drawing, and professor of the French to be professors. language.

ing and French

3 March 1851 21. 52. Hereafter, in lieu of the pay proper, ordinary rations, forage and servants, here9 Stat. 594. tofore received under the provisions of the act of April 12th (29th) 1812, the professors Pay of professors. of engineers, philosophy, mathematics, ethics and chemistry, shall be entitled to receive two thousand dollars each, per annum, and the professors of drawing and French, fifteen hundred dollars each per annum : and that the adjutant of the military academy shall hereafter be entitled to receive the same pay and allowances as an adjutant of a regiment of dragoons.(b)

8 Aug. 1816 9 Stat. 71.

Board of visitors to be appointed.

How selected.

Allowances.

Of the adjutant.

6 Ang. 1852 2. 10 Stat. 29.

3 March 1855 2 2. 10 Stat. 703.

5 July 1839 24. 5 Stat. 257.

53. Hereafter the assistant professors of French and drawing shall receive the pay and emoluments allowed to other assistant professors.

54, Hereafter the yearly allowance of the professor of French and Spanish, (c) and of the professor of drawing, shall be the same as is now allowed to the other professors.

IV. TOPOGRAPHICAL ENGINEERS.

55. The corps of topographical engineers shall be organized and increased by regular

(a) Provision for extra compensation repealed by act July 1838: infra, 312. See Gratiot v. United States, 15 Pet. 336.

(b) By act 16 February 1857, 3, the compensation of master of the sword is $1500 per annum, with fuel and quarters. 11

Stat. 161

(c) The act 16 February 1857, 2. provides for the appointment of a professor of Spanish, at a salary of $2000 per annum. 11 Stat. 161.

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