not exceed the rate of ten per centum per annum on the principal sum.

SEC. 5. That such injunctions may be granted or dissolved by such judge, either in or out of court.

SEC. 6. That if any person shall consider himself aggrieved by the decision of such judge, either in refusing to issue the injunction, or, if granted, on its dissolution, it shall be competent for such person to lay1 a copy of the proceedings had before the district judge before a judge of the supreme court, to whom authority is hereby given, either to grant the injunction, or permit an appeal, as the case may be, if, in the opinion of such judge of the supreme court, the equity of the case requires it; and thereupon the same proceedings shall be had upon such injunction in the circuit court as are prescribed in the district court, and subject to the same conditions in all respects whatsoever.

SEC. 7. That the attorneys of the United States for the several judicial districts of the United States, in the prosecution of all suits in the same, in the name and for the benefit of the United States, shall conform to such directions and instructions, touching the same, as shall, from time to time, be given to them, respectively, by the said agent of the treasury. And it shall, moreover, be the duty of each of the said attorneys, immediately after the end of every term of the district and circuit courts, or of any state court, in which any suit or action may be pending, on behalf of the United States, under the direction of any district attorney, to forward to the said agent of the treasury a statement of the cases which have been decided during the said term, together with such information touching such cases as may not have been decided, as may be required by the said officer.

SEC. 8. That it shall be the duty of the clerks of the district and circuit courts, within thirty days after the adjournment of each successive term of the said courts, respectively, to forward to the said agent of the treasury a list of all judgments and decrees which have been entered in the said courts, respectively, during such term, to which the United States are parties, showing the amount which has been so adjudged or decreed for or against the United States, and stating the term to which execu

1 This is the only mode of redress: no appeal to a circuit court lies. 6 Peters, 470, United States vs. Nourse; 11 id. 162, United States vs. Cox.

tion thereon will be returnable. And it shall, in like manner, be the duty of the marshals of the several judicial districts of the United States, within thirty days before the commencement of the several terms of the said courts, to make returns, to the said agent, of the proceedings which have taken place upon all writs of execution or other process which have been placed in his hands for the collection of the money which has been so adjudged and decreed to the United States in the said courts, respectively.

SEC. 9. That nothing in this act contained shall be construed to take away or impair any right or remedy which the United States now have, by law, for the recovery of taxes, debts, or demands.

[Approved, May 15, 1820.]

CHAPTER 13.-Approved, March 2, 1821.-Vol. 3, p. 615.

An Act to reduce and fix the military peace establishment of the United States. 2. Artillery. Light artillery. Supernumerary captains. Infantry. Adjutant to each regiment. 3. Engineers. 4. Ordnance merged in artillery. 5. One majorgeneral, two aids, two brigadiers, and one aid. 6. One adjutant and two inspectors general. 7. A quartermaster-general. Two quartermasters. Ten assistant quartermasters. 9. Paymaster-general and fourteen paymasters. Commissary of purchases. Storekeepers. 10. Surgeon-general. Eight surgeons. Forty-five assistant surgeons. 11. Rank, pay, &c. Subject to articles of war. That, from and after the 1st day of June next, the military peace establishment of the United States shall be composed of four regiments of artillery, and seven regiments of infantry, with such officers of engineers, of ordnance, and of the staff as are hereinafter provided for.

SEC. 2. That each regiment of artillery shall consist of one colonel, one lieutenant-colonel, one major, one sergeant-major, one quartermaster-sergeant, and nine companies, one of which

1 This first section is much altered by subsequent acts. For organization of infantry, &c., see acts of July, 1861; for do. of cavalry and of army corps, see chap. 201, July, 1862.

2 The artillery companies are reorganized by the 23 August, 1842, chap. 186, sec. 1, the 3 March, 1847, chap. 61, sec. 18, and the 17 June, 1850, chap. 20, sec. 1. For organization of the new regiments, see chap. 24, 29 July, 1861.

And the President is authorized to increase the companies in the army by the same act, (1850, sec. 2,) where serving in posts on the frontier and remote stations.

And the non-commissioned officers and men of the infantry are reorganized, by the 23 August, 1842, chap. 186, sec. 1.

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 duty; 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 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.

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

SEC. 4. That the ordnance department shall be merged in the artillery; 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.

SEC. 5.5 That there shall be one major-general, with two aidsde-camp, two brigadier-generals, each with one aid-de-camp; and that the aids-de-camp be taken from the subalterns of the line, and, in addition to their other duties, shall perform the duties of assistant adjutant-general.

1 The clause as to supernumerary captains of artillery is repealed by the 5 April, 1832, chap. 67, sec. 3.

2 By the 16 March, 1802, chap. 9, sec. 26 and 27, ante; and see note to sec. 26. 3 The ordnance is reorganized, and the clause merging it in the artillery is repealed, by the 5 April, 1832, chap. 67, sec. 3.

4 By the 5 April, 1832, chap. 67, sec. 4, the pay and emoluments of the officers of the ordnance are the same as are allowed to artillery officers.

5 See for the temporary increase of the generals, by the 18 June, 1846, chap. 29, to be reduced by vacancies to one major-general and two brigadiers, by the 19 July, 1848, chap. 104. Four major-generals, with three aids each, and six brigadier-generals, added to the army by sec. 3, chap. 24, 29 July, 1861.

6 For senior aid-de-camp, see sec. 2, chap. 70, 26 Sept. 1850, post.

SEC. 6. That there shall be one adjutant-general, and two1 inspectors-general, with the rank, pay, and emoluments of colonels of cavalry.

SEC. 7.2 That 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 quartermasters, who shall, in addition to their pay in the line, receive a sum not less than ten dollars, nor more than twenty dollars, per month, to be regulated by the secretary of war.

3

SEC. 8. That 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 be taken from the subalterns of the line, and shall, in addition to their pay in the line, receive a sum not less than $10, nor more than $20, 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.

SEC. 9. That there shall be one paymaster-general, with the present compensation, and fourteen paymasters, with the pay and emoluments of regimental paymasters, and that there

1 See, for the adjutants-general, the 5 July, 1838, chap. 142, sec. 7, and note. And for reorganization of adjutant-general's department, see sec. 2, chap. 42, 3 Aug. 1861; and further see chap. 200, sec. 22, 17 July, 1862.

The inspectors-general were reduced to one, by the 23 Aug. 1842, chap. 186, sec. 4; but the two were restored by the 12 January, 1846, chap. 3.

Two inspectors-general added by chap. 57, 6 Aug. 1861, and five assistant inspectors-general by sec. 2, chap. 42, 3 Aug. 1861.

2 For changes in the quartermaster's department, see the 18 May, 1826, chap. 74, sec. 4; the 5 July, 1838, chap. 162, sec. 9; and the 11 February, 1847, chap. 8, sec. 1, and sec. 3, chap. 42, 6 Aug. 1861.

The pay and emolument of the quartermaster-general, by the 28 March, 1812, chap. 46, sec. 2, ante, is the same as those of a brigadier-general, but see act July, 1861.

In the absence of quartermaster-general, the President may appoint one of the department to perform his duties.

The quartermaster-general and deputies to be appointed with the approbation of the Senate, by the 28 May, 1812, chap. 46, sec. 1, ante.

This section 7, as to the subordinate quartermasters, supplies the 28 March, 1812, chap. 46, sec. 2, ante, and the 14 April, 1818, chap. 61, sec. 3, ante.

3 This section 8 of the commissary-general and his assistants was to continue only five years, by the 2 March, 1829, chap. 42, sec. 8. See the 14 April, 1818, chap. 61.

4 Two thousand five hundred dollars a year, by the 24 April, 1816, chap. 69, sec. 3, and the 2 March, 1821, chap. 13, sec. 9, and $240 more by chap. 55, 21 Feb. 1857.

See, for the organization of the pay department, the 24 April, 1816, chap. 69, sec. 3; the officers of which were to be taken from the subalterns of the line. See, for increase of pay department, the 4 July, 1836, chap. 356, sec. 1; the 3 March, 1847, chap. 61, sec. 12; and for the entire reorganization of the pay department, the 2 March, 1849, chap. 80.

5 Of majors of infantry: see the 24 April, 1816, chap. 69, sec. 3, ante, proviso; and see now the 2 March, 1849, chap. 80, and note.

6 As distinguished from a staff-major. 10 Peters, 656, Wetmore vs. United States.

shall be one commissary of purchases, and two military storekeepers, to be attached to the purchasing department.

SEC. 10.2 That the medical department shall consist of one surgeon-general, eight surgeons, with the compensation of regimental surgeons, and forty-five assistant surgeons, with the compensation of post surgeons.

SEC. 11. That the officers, non-commissioned officers, artificers, musicians, and privates, retained by this act, except those specially provided for, shall have the same rank, pay, and emoluments as are provided, in like cases, by existing laws; and that the force authorized and continued in service under this act shall be subject to the rules and articles of war.

SEC. 12. That the President of the United States cause to be arranged the officers, non-commissioned officers, artificers, musicians, and privates, of the several corps now in the service of the United States, in such manner as to form and complete, out of the same, the force authorized by this act, and cause the supernumerary officers, non-commissioned officers, artificers, musicians, and privates, to be discharged from the service of the United States.

SEC. 13. That there shall be allowed and paid to each commissioned officer who shall be discharged from the service of the United States in pursuance of this act, three months' pay, in addition to the pay and emoluments to which he may be entitled by law at the time of his discharge.

SEC. 14.5 That the system of "General Regulations for the Army," compiled by Major-General Scott, shall be, and the same is hereby, approved and adopted for the government of the army of the United States, and of the militia when in the service of the United States.

[Approved, March 2, 1821.]

1 The office of commissary of purchases was abolished by the 23 August, 1842, chap. 186, sec. 3.

2 The organization of the medical department seems to be entirely changed by this act. It supplies the 2 March, 1799, chap. 27, vol. 1, p. 721, with respect to the hospitals and hospital surgeons, and the appointment of the apothecary-general and his assistants of the 30 March, 1814, chap. 37, sec. 11, and the 15 May, 1820, chap. 104, sec. 1. See chap. 55, 16 April, 1862, and chap. 127, July, 1862.

3 Three surgeons and five assistants added by the 4 July, 1836, chap. 356, sec. 4; and see for additions the 23 August, 1842, chap. 186, sec. 4; the 28 July, 1832, chap. 150; the 30 July, 1834, chap. 133, and the 11 February, 1847, chap. 8, sec. 8. See act of 1856. And see 2 chap. 163, 21 June, 1860; and see chap. 51, 16 April, 1862, and chaps. 55 and 127, as in note above.

4 See the 16 March, 1802, chap. 9, sec. 4 the 12 April, 1808, sec. 4, and note; and the 14 January, 1812, chap. 14.

5 This section repealed by chap. 88, 7 May, 1822, post.