CHAPTER 39.-Approved, June 19, 1840.-Vol. 5, p. 385.

An Act making provision for the payment of pensions to the executors or administrators of deceased pensioners in certain cases.

1. In case of a pensioner leaving children, but no widow. 2. In case of a pensioner who is a widow leaving children. 3. In case of any pensioner, whether male or female, leaving children, the amount of pension, &c.

That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares, and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the payment of the debts of said estate in any case whatever.

SEC. 2. That in case any pensioner who is a widow shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.

SEC. 3. That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.

CHAPTER 50.--Approved, July 20, 1840.-Vol. 5, p. 397.

An Act to provide for the support of the Military Academy for the year eighteen hundred and forty.

2. Commander of cadets to be instructor of infantry tactics, or, &c. His pay and emoluments, and, &c. 3. Compensation of the assistant professor of ethics.

SEC. 2. That the commander of the corps of cadets at the Military Academy shall be either the instructor of infantry tactics, of cavalry and artillery tactics, or of practical engineering, 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.

SEC. 3. That the assistant professor of ethics shall be allowed the same compensation as is now allowed by law to the other assistant professors in the institution.

[Approved July 20, 1840.]

RESOLUTION 6.-Approved, September 11, 1841.-Vol. 5, p. 468.

Joint resolution making it the duty of the Attorney-General to examine into the titles of the lands or sites for the purpose of erecting thereon armories and other public works and buildings, and for other purposes.

That it shall be the duty of the attorney-general of the United States to examine into the titles of all the lands or sites which have been purchased by the United States, for the purpose of erecting thereon armories, arsenals, forts, fortifications, navy yards, custom houses, light houses, or other public buildings of any kind whatever, and report his opinion as to the validity of the title in each case, to the President of the United States.

That it shall be the duty of all the officers of the United States having any of the title-papers to the property aforesaid in their possession, to furnish them forthwith to the attorney-general, to aid him in the investigation aforesaid.

That no public money shall be expended upon any site or land hereafter to be purchased by the United States for the purposes aforesaid, until the written opinion of the attorney-general shall be had in favor of the validity of the title, and also the consent of the legislature of the state in which the land or site may be, shall be given to said purchaser.

That it shall be the duty of the district attorneys of the United States, upon the application of the attorney-general, to furnish any assistance or information in their power in relation to the titles of the public property aforesaid, lying within their respective districts.

That it shall be the duty of the secretaries of the executive departments, upon the application of the attorney-general, to procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of government; the expense of procuring which to be paid out

of the appropriations made for the contingencies of the departments respectively.

That it shall be the duty of the secretaries of the executive departments, respectively, under whose direction any lands for the purposes aforesaid may have been purchased, and over which the United States do not possess jurisdiction, to apply to the legislatures of the states in which the lands are situated, for a cession of jurisdiction, and, in case of refusal, to report the same to Congress at the commencement of the next session thereafter.

[Approved, September 11, 1841.]

[By chapter 24, April 14, 1842, vol. 5, p. 473, certain Cherokee warriors were allowed pensions at the same rate as officers and soldiers of the regular army.]

CHAPTER 183.-Approved, August 23, 1842.-Vol. 5, p. 508.

An Act making appropriations for the support of the army, and of the Military Academy, for the year one thousand eight hundred and forty-two.

SEC. 2. That no officer in any branch of the public service, or1 any other person whose salary, pay, or emoluments is or are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatsoever, unless the same shall be authorized by law, and the appropriation therefor explicitly set forth that it is for such additional pay, extra allowance, or compensation.

1 Quære: If this affects extra pay of officers in the army under the 11 Jan. 1812, chap. 14, sec. 20; see, as to clerks, the 26 Aug. 1842, chap. 202, sec. 12; and see chap. 82, 3 March, 1839, ante.

2 Or for performing the duties of another of same department, by the 26 August, 1842, chap. 202, sec. 12.

CHAPTER 186.-Approved, August 23, 1842.-Vol. 5, p. 512.

An Act respecting the organization of the army, and for other purposes.

1. Dragoons reduced. 2d regiment dragoons into riflemen. Artillery and infantry reduced. No enlistments till after reduction, except of non-commissioned officers. 2. Superintendencies of armories at Springfield and Harper's Ferry abolished. Salaries of armorers, inspectors, clerks, &c., paymasters and storekeepers. Bonds of. Storekeepers at arsenals; salaries of; limited to ten. Others abolished. No extra pay at armories. 3. Commissary-general of purchases abolished. Duties of, performed by the quartermaster's department. 5. One inspector to superintend the manufacture of cannon. 6. Rations to officers

by 3 March, 1797, and 16 March, 1802, allowed to certain officers only, &c.

That 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 hereins fixed for the said companies respect

1 By the 2 March, 1833, chap. 76; and see 30 March, 1814, chap. 37, sec. 4, which was supplied by the 2 March, 1821, chap. 13, which admitted no dragoons in the army; and see the 23 May, 1836, chap. 80, sec. 6, for the 2d regiment of dragoons. 2 One of whom to act as quartermaster's sergeant, 2 March, 1833, chap. 76. 3 And two teamsters to each company of dragoons, artillery, and mounted riflemen, by the 3 March, 1847, chap. 41, sec. 9; but see 17 July, 1862, chap. 201.

4 The words in italics, as to the 2d regiment of dragoons, are repealed by the 4 April, 1844, chap. 11.

This regiment was organized by the 2 March, 1833, chap. 76, and was directed to be remounted by the 4 April, 1844, chap. 11,

5 Under the 23 May, 1836, chap. 80, sec. 6.

6 By the 3 March, 1815, chap. 79, sec. 7, vol. 3, p. 224, and the 2 March, 1821, chap. 13.

7 By the 2 March, 1821, chap. 13, sec. 1.

8 The companies of the several corps may be increased to seventy-four by the President, for distant posts, by the 17 June, 1850, chap. 20.

ively: 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.

SEC. 2. That the offices of the superintendents of the armories at Springfield' and at Harper's 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; and that from and after the first day of October next, the master-armorers at the national armories shall receive, each, twelve hundred dollars, annually, payable quarteryearly; and the inspectors and clerks, each, eight hundred dollars per annum; and the paymasters and military storekeepers, at the armories, and at the arsenals of construction at Pittsburg, Watervliet, and Washington City, 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 the Secretary of War shall prescribe. And the two military storekeepers, authorized by the act of second of March, one thousand eight hundred and twenty-one, shall receive, each, twelve hundred and fifty dollars per annum. And no military storekeeper, at arsenals, shall, after the first day of October 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; and all other offices of military storekeepers are hereby abolished, and discontinued, on and after 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 officers, and no officers at the armories, of any grade whatever, shall hereafter receive emoluments of any

1 See 29 April, 1816, vol. 3, p. 323, and 5 July, 1838, chap. 162, sec. 32, as to their wages; see chap. 98, 3 March, 1853; and for civil superintendents again see sec. 1, chap. 267, 5 August, 1854; and for military superintendents, see sec. 5, chap. 57, 6 August, 1861.

See present organization of cavalry, sec. 11, chap. 201, 17 July, 1862.

2 Fifteen hundred dollars per annum, by sec. 2, chap. 106, 3 March, 1857.

3 And Watertown, by the 3 March, 1849, chap. 101, sec. 2.

4 Chap. 13, sec. 9.

5 The pay of all commissioned officers of the army, including military storekeepers, was increased $240 per annum, by chap. 55, 21 Feb. 1857.