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2 Stat 290.

3 Stat. 204.

5 Stat. 512.

8. The president of the United States be, and he hereby is authorized, to purchase 23 April 1908 ? 2. sites for, and erect sueh 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 Lionul sites. United States to one hundred men, be, and the same hereby is repealed. 9. The keepers of all magazines and arsenals shall

, quarterly, or oftener if so directed, 8 Feb. 1815 ? 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 ar

senals 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 live department, under the direction of the secretary for the department of war, is hereby under the ord authorized to establish depots of arms, ammunition, and ordnance stores, in such parts ment. or the United States, and in such numbers, as may be deemed necessary.

11. The offices of the superintendents of the armories at Springfield and at Harper's 23 Aug. 1842 7 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 nest, the master-armorers, at the national at. Pringfield 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,(6) shall receive each twelve hundred and fifty dollars per Salary of military annum. And no military storekeeper, at arsenals, 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 become their pas

except quarters. 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.

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

armorers, &c.

11 Stat. 203.


[See War Department, 4.] 1. Annual appropriation for arme, &c.

6. Damazes to arms to be deducted from pay of officers and 2. Distribution of, among the states, &c.

soldiers. Damages to be reported. 3. Appropriation to be paid out of any unappropriated moneys. 7. Reports to be made from the ordnance to the war depart.

4. Not to be liable to be carried to the surplus fund. Or to be ment. transferred to any other purpose.

8. Unserviceable arms, &c., to be sold. 5. Ratio of distribution among the states, &c. Duty of secre- 9. By whoin to be inspected. Sales regulated. tary of war. 1. That the annual sum of two hundred thousand dollars be, and the same hereby is, 23 April 1808 2 1.

2 Stat. 490. appropriated for the purpose of providing arms and military equipments for the whole

Annual body of the militia of the United States, either by purchase or manufacture, by and on appro

priation for arms account of the United States.

&c. 2. All the arms procured in virtue of this act, shall be transmitted to the several states

Ibid. & 3. 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,

&c. 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. The annual sum of two hundred thousand dollarg, as appropriated for the purpose 29 April 1816 ? 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 unnpproshall be paid for each year, respectively, out of any moneys in the treasury not other-priated moneys. wise appropriated.

(a) And at Watertown; by act 3 March 1849, 2. 9 Stat. 373. military storekeepers, to have in kind, and in kind only, the fuel (b) 3 Stat. 615-16.

and quarters of first lieutenant of the ariny, 11 Stat. 203. (c) Five more, by act 3 March 1857, & 2; and they, and all other

3 Stat. 320.


Or to be trans. fire to any Otirer purse.

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10 Stat. 639.

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3 Stat. 204.

to be deducted

29 April 1916 3 2. 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 Not to lw liahle carried to the account of the surplus fund. And nothing in the act of the 3d of March the surplus fund. 1809, entitled, “ An act further to amend the several acts for the establishment and regu

lation 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.
3 Marel 1955 7 7. 5. The annual distribution of arms to the several states, under the act approved April

231 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 timu nmong the

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

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 repre-

sentatives and senators in congress, respectively.
8 Feb. 1815 27. 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

said damages occurred: Provided, The said damages were occasioned by the abuse or
fruan pay of otti.
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.

7. The colonel of the ordnance department shall make, half-yearly, to the war depart

ment, or oftener, if the secretary for that department shall so direct, a correct report of Reports to be

the officers, and all artificers and laborers in his department; also, of all ordnance, War department, arms, military stores, implements and apparatus, of every description, and in such form

as the secretary for the department of war shall direct.
3 March 1531. 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 bis opinion, the sale of such

unserviceable stores will be advantageous to the public service.
Thid.? 2. 9. The inspection or survey of the unserviceable stores shall be made by an inspector-
By worn to be general, or such other officer or officers as the secretary of war may appoint for that
iuniectul purpose; and the sales shall be made under such rules and regulations as may be pre
Suks regulated. scribed by the secretary of war.

ar.(a) (ro) Cep this act, the president only has the power to cause of war, hy which the property must be offered first at pnblir guc. orduance, arms, ain munition, &c., unfit for public service, upon tion. An agreement, therrfor, sanctioned by the head of the Imrin-ption and survey, to be sold, and to that 'end, a ordnance office, for the exrhange of old ordnance for guu-saidmethod of effecting the sale has been prescribed by the secretary ding, is not warranted by law. 2 Opin. 580.

Damages to be reprod.

Ibid. 28.

made from the onnanrottle

Verricello arms, &c., to be Bulu.

Army of the United States.


17. Two additional companies to each regiment of artillery.

Light artillery. Musicians. 1. Military peare establishment. 2. Artillery. Light artillery. Infantry.

18. lay of light artillery. 3. Engineers.

19. Companies of five regiments may be increased to 100 pri

vates. 4. Ordnance. 5. Major-general, and brigadier generals, with aids.

20. Organization of light artillery. 6. Adjutant-general, and in-potors.renoral.

21. Companies serving on Western frontier may be increased.

May be mounted. 7. Quartermaster-general, quartermnsters, and assistant quartermiters

22. Bounty on enlistment at distant ports. 8. Commissary general of subsistence, and assistant commissa- 23. Two additional regiments of infantry and two of cavalry.

One brigadier-general. ries. 9. Paymaster-general. paymasters, and storekeepers.

II. DRAGOONS AND MOUNTED RIFLEMEN. 10. Medical department.

24. Regiment of dragoons organized. 11. Kank, pay, &c. as by existing laws.

25. Their pay, &c. 12. Act of 1502 re-enacted, as to compensation in case of disa. 26. To be liable to serve on horse or on foot. To be subject to bility; recruiting, &c.; desertion, &c.; oaths; extra expenses; general regulations. arrest; and allowance to discharged soldiers.

27. Second reginent of dragoons. 13. One company added to each regiment of artillery. One 28. May be disbanded. second lieutenant. An additional regiment of infantry.

29. Second regiment of dragoons to be re-mounted. 11. Ridlemen and light infantry.

30. Regiment of mounted riflemen organized. 15. Dragoons reduced. Artillery and infantry reduced. Re 31. Their pay. &c. enlistments

32. To be subject to general army regulations. 16. Teamsters.

33. Extra pay on fatigue duty.

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112. Supplies to be purchased by contract.

113. Increase of cominissarint department. 34. Corps of engineers organized. Promotions. 35. To be stationed at West Point and constitute a military

11+. Not to be se arated from the line. academy.

IX. PAYMASTER'S DEPARTMENT. 30. Siperintendence of academy. Books, &c., to be procured. 37. Teachers of Fren hand drawing.

115. Duties of paymaster. 35. Professors of natural philosoplıy; of mathematics; and of

110. Pay department. Pay and emoluments. Clerks. engineering Assistants. Staff to have no command in the army.

117. Keturus to be made to paymaster-general.

118. Officers to vive bond. To be liable to articles of war. TO 33. Sumber of cadets. Officers. Musicians. Military instruc

be contirmed by the senate. tions. Encampinents. Age anil qualifications. Articles. Pay, &c.

119. Three ad litional paymasters. 10. Graduates to be candidates for promotion. May be attached as supernumerary officers.

120. Duties, pay, allowance. &c. 41. Commander need not be taken from the corps.

121. When volunteers or militia are called into service, duty 42. Chaplain and professor of ethics, &c.

of paymaster may be assigned to any oficer. Pay, &c. 13. Corps inay be increased.

1:22. Paymaster of engineers. 47. Profissor of chemistry, &c., at West Point. Assistant.

123. Citizens may be employed as clerks. 45. Whed engineers to disburse public moneys.

124. Additional paymasters when militia are called into service. 46. Teru at West Point.

125. Ornance storekeepers acting as paymasters.

126. Three additional paymasters. 47. Duties and compensation of commander. 48. Assistant professor of etbics.

1:27. To be subject to the same regulations as other paymasters. 49. Qualitications of cadets. Sumher. Appointments at large.

128. Deputy paymasters general. Their duties, 50. Board of visitors to be appointed. How selected. Allow

129. Rank in the department. No commanil in the line.

130. Paymasters for volunteers to be contirmed by the senate. ances. 51. Teachers of drawing and French to be professors.

131. Organization of the pay department. Rank and emolu.

meuls. 52. Pay of professors. Of the adjutant.

To give new bonds every four years. 63. Pay of assistant professors of French and drawing.

X. STAFF-OFFICERS. 64. Pay of professors of French and drawing.

132. Pay and emoluments of stall.officers. IV. TOPOGRAPHICAL ENGINEERS.

133. Staff may be taken from the line, or from citizens, 55. Topographical engineers organized.

134. Additional assistant adjutants-general. To act as assist 56, Vacancies, how filled. Pay, &c.

ant inspectors-general.

135. Pay and emoluments. Rank and promotion. 57. Civil engineers not to be einployed.

136. Additional officers. Rank and emoluments. V. SAPPERS AND MINERS.

137. Further addition to the stail. 58. Sappers and miners organized. Officers. Pay, &c.

188. Secretary to general commanding. 50. One company of engineer soldiers added.

139. Aids-de-camp from the line, without regard to rank. Mi60. Pay and rations.

litary secretaries. 61. To be subject to general army regulations.

110. Promotions in quartermaster's department. Oficers not 62. To be attached to the engineer corps. To give practical in

to hold appointments conferring the same rank in the staff and structions at West Point. Other duties.

in the line. 03. Duties and powers of chief engineer.


111. Salary of surgeon-general.

142. Atuitional number of surgeons. 64. Ordnance department organized.

143. Surgeons and assistants to be examined. Surgeons to €5. Ordnance serveants to be appointed. Their duties. Pay. serve five years as assistants.

66. Repealing section. President may select lieutenants for 144. Pay and emoluments, rurance duty.

1-15. Aciditional rations after ten years' service. 67. To be sulject to general army regulations.

146. Department increased. 6. Armorers, &c., may be enlisted.

147. Further increase of surgeons. 69. Inspection and proof of ordnance, &c. Estimates, contracts 149. Medical stail reduced. and purchases.

119. Ten additional assistants. 70. Artificers to be attached to regiments, &c.

150. Further increase. 71. To execute orders for supply of arms, ordnance, &c.

151. Hospital stewards. 72. Keepers of arsenals to report to. 73. Dainages to arms to be deducted from pay of officers and

XII. CIAPLAINS. soldiers. Officers to report damages to arms.

152. One for each brigade, Pay and emoluments. it. Reports to the war department. 75. Armories to be under the ordnance department.

153. Chaplains for military posts. Pay and rations.

15. Yumber limited. 76. System of regulations.

155. Ten additional chaplains. 77. Pay and allowances, 78. Allowance for clerk hire.

XIII. PROMOTIONS. 79. Repealing section.

156. Promotions to be made through the whole line of the 80. Orinance department continued, as established.

army. 81. Officers to be increased.

157. Promotions in the staff. 82. Extra pay in certain cases.

158. Lieutenants in the engineers and ordnance to be promcted 83. Additional number of lieutenants restricted.

after fourteen years' service. 84. Superintendent of manufacture of cannon to be appointed. 85. Enlistment of master-armorers, &c.

XIV. BREVET RANK. 86. Additional officers.

159. President may confer rank by brevet. No additional pay, VII. QUARTER MASTER'S DEPARTMENT.

except, &c.

16. When breret pay to he received. 87. Quartermaster's department established.

161. Brevets to be confirmed by the senate. 88. Kank aud pay.

162. To include the suljutant-general. 89. Duties of the department. Quartermaster-general to ac

103. When non-commissionel oflicers may receive brevet comcount. Responsibilities. Oath.

missions. 90. Commissary-general of purchasea. 91. Duties of commissary-general of purchases.

XV. ENLISTMENTS. 92. Not to trale, für commercial purposes, in articles appertain 164. Militia in actual service may be enlisted. ing to their department.

165. Recruits to be able-bodied men, between eighteen and fifty 93. Barrack masters.

years of age. 94, Contingent expenses may he allowed.

100. Vivors to have four days to retract. 95, Officers to give bund. Responsibility of quartermaster- 167. Minors may be enlisted without the consent of their parents general.

or guerdians. In case of apprentices, masters to have part of the 20. Special commissaries may he appointed.

bounty. 97. Forage, wagon and barruk masters and artificers.

168. No recruiting fee, or bounty money, to be alloved. 98. Bonile. To be subject to articles of war. To be confirmed 160. Convicts not to be enlisted. by the senate.

170. Size of recruits 99. To distribute clothing, &c.

171. Bounty for enlistment at distant parts. 100. Officers to make quarterly returns of clothing &c.

172. Secretary to discharge minors enlisted without the consent 101. Officers to be liable for waste of or damage to supplies; ex. of parents, &c. tept in case of unavoidable accident.

173. Bounty for re-enlistment. 102. Additional officers to be appointed. Forage. 103, Bonds.

XVI. ARTICLES OF WAR. 104. In absence of heads of departments, president may appoint 174. Art. 1. Omicers to subscribe articles. others to perform their duties.

175. Art. 2. Attendance at divine service. Penalty for miston 107, Increase of quartermaster's department. Rank and pay. duet at. 10+. Forage and wagon masters. Disqualifications.

176. Art. 3. Profane swearing. 107. Not to be separated from the line.

177. Art. 4. Chaplains to be fined for absenre. 108. Duties of commissary-general of purchase transferred to 178. Art. 5. Contemptuous or disrespectful language against the quartermaster's department,

president. 109. Additional appointments to be made, wlien volunteers or 179. Art. 6. Disrespect to commanding officer. militia are called into the service.

180, Art. 7. Mutiny. 110. Military storekeepers.

181. Art. 8. Nogleri to give information of, or to suppress mutily.

182. Art. 9. Striking a superior officer. VIII. COMMISSARIAT DEPARTMENT.

183. Art. 10. Articles to the read to recruits. Oath. Certificato, 111. Commissary-general of subsistence. Bond. Assistants. 151. Art. 11. Discharges to be in writing. How given. Dis. Dutjes.

charges of commissioned officers,

185. Art. 12. Furloughs.

266. Art. 93. Onth of members. Of judge advocate. 156. Art. 13. Certificates of absence to be given. To be remitted 267. Art. 94. Effects of deceased officers, how recovered. to the war department.

208. Art. 93. Effects of deceased soldiers. 187. Art. 14. Sizning false certificate.

269. Art. 96. Who to be subject to articles of war. 188. Art. 15. Making false returns.

270. Art. 97. Militia in service. 189. Art. 16. Taking money for mustering, or signing muster 271. Art. 98. Kank of militia officers in service. rolls.

272. Art. 99. What punishable by court martial. 130. Art. 17. Mustering persous not soldiers.

273. Art. 100. Cuift:rm. 191. Art. 18. Making false returus.

274. Art. 101. Articles to be read and published every six 192. Art. 19. Commanding officers to make monthly returns. months. 193. Art. 20. Desertion.

275. Spies, bow punished. 191. Art. 21. Absence without leave.

276. Former rules abolished. 13.). Art. 22. Ensisiments in other corps without discharge. 277. Corporal punishment abolished. 196. Art. 23. Advising to desert.

278. When president to appoint courts niartial. 197. Art. 24. Reproachful or provoking language, &c.

279. To be approved by him. 198. Art. 25. Sending a challenge.

290. Part of oth article repealed. 193. Art. 26. Duelling.

241. Desertion not punished with death in time of peace. 200. Art. 27. Quarrels and uffrays,

232. Corporal punishment for desertion. 201. Art. 28. Upbraiding unother for refusing a challenge. 203. Juuge advocate to be appointed for the army. 202. Art. 29. Regulation of -uttlers. 203. Art. 30. To supply good provisions, &e.

XVII. PAY AND SUBSISTENCE. LUI. Art. 31. Rents of suitlers to be moderate.

284. Pay not to be more than two months in arrear. 205. Art. 32. Officers to keep good order in their command. Ro.

285. President may increase ratious of troops on the frontiers. paration for injuries.

2N6. Pay of officers. 206. Art. 33. Offenders against the laws to be delivered up to 287. Officers' rutions. Additional rations. Rations of women the civil magistrate. Penalty for neglect or refusal.

and servants. 207. Art. 34. Officers ag rieved may complain to commanding 258. Money in lieu of forage. general. Inquiry to be made.

289. Not to be more than two months in arrear. 205. Art. 36. Complaiuts of inferior oflicers and soldiers, how 290. lay of officers and men. Officers to furnish their own redressed.

horses. Dragoons to serve as light infantry until mounted. 209. Art. 36. Embezzlement of public property by officers. 291. Pay, &c., of major-general. Aids de camp. Brigadier

210. Art. 37. Embezzlement by non-commissioned officers or generals. solliers.

292. The ration. 211. Art. 38, Sale, loss or destruction of horses, arms, &c.

203. Conipensation for attendance on courts martial. 212. Art. 39. Embezzlement of moneys.

204. Value of the ration. 213. Art. 40. Captaing to be accountable for arms, &c.

295. Pay of the ariny. Forage of aids-de-camp and brigade 214. Art. 41. Absence from camp without leave.

majors. 215. Art. 42. Absence from quarters.

2006. Pay of officers of artillery. 216, Art. 43. Retirement at the retreat.

297. Officers' servants. 217. Art. 44. Attendance at parade.

245. Not to be taken from the line. Ilow mustered and paid. 218. Art. 45. Drunkenness.

249. l'ay, &c., to continue whilst prisoners of war. 219. Art. 16. Sleeping on post.

300, Rations, pay and forage of medical officers. 2:20. Art. 17. Excuses from duty. Hiring of another.

301. President to prescribe the quantity and kind of clothing. 221. Art. 48. Conniving at hiring,

Extra articles to be delucted from pay. Allowance for thesu not 2.22. Art. 49. False alarms.

drawn. General regulations to be established. 2:23. Art. 50. Quitting guard, &c. 2:24. Art. 51. Violence to persons bringing provisions.

302. Allowance, on discharge, for clotbing not drawn. 225. Art. 52. Misbehavior before the enemy. Cowardice. Plun. horses kept in service. Officers' servants.

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

Additional ration dering.

to subalterns. 2:26. Art. 53. Disclosing watch word.

304. Ration may be altered. 2:27. Art. 54. Misbehavior on the inarch.

305. Additional rution to captains and subalterns. 228. Art. 55. Foreing safeguard.

306. Extra pay to officers in actual command of companies 2:29. Art. 56. Aiding the enemy.

Subalterus on the staff not to have additional ration. 230. Art. 57. Corresponding with the enemy.

307. No extra compensation for disbursing public money. 231. Art. 58. Captured stores to be secured.

308. Additional ration for every five years service. 2:32. Art. 50. Compelling a surrender.

309, All enlistments for tive years. Pay of non-commissioned 2:33. Art. 60. Suttlers to be subject to rules.

officers and privates. 231. Art. 61. Brevet rank.

310. Sugar and coffee ration. 235. Art. 62. Command on the march, &c.

311. Pay and medical departments. 236. Art. 63. Engineers not to be liable to duty in the line.

312. No back rations. Pay of privates. Omcers of engineers 2:37. Art. 64. General courts martial.

Additional rations to paymastor general and suryeon-general. 238. Art. 65. Who may appoint courts martial. Sentence to be

313. What officers to draw additional rations whilst in command approvod.

of separate posts. 239. Art. 66. Regimental and garrison courts martial.

314. For what number of horses officers to draw forage. 210. Art. 67. Limitation of powers of regimental and garrison 315. Lieutenants holding appointments of adjutant and regicourts martial.

mental quartermaster to receive additional ration. 211. Art. 08. Officers of marines may sit on courts martial.

316). Additional rations to quartermaster-general and adjutant212. Art. 60. Judge advocate to prosecute. Oath of oflicers. general. Of judge advocate.

317. Pay of non-commissioned officers and privates increased. 213. Art. 70. Standing mute.

318. Extra pny to meritorious soldiers who re-enlist. 211. Art. 71. Challenges.

319. Certain non-commissioned officers to receive extra pay. 215. Art. 72. Behavior. Votes.

320. Extra pay for fatigue duty. 216. Art. 73. Evidence. Oath of witnesses. 247. Art. 74. Depositions.

321. Pay of officers increased.

3:22. Chaplains. 213. Art. 75. Officers not to be tried by their inferiors. Time

323. Pay of cadets. of holding court. 219. Art. 76. Contempts.

XVIII. COMPENSATION FOR PROPERTY DESTROYED. 20. Art. 77. Arrest. 251. Art. 78. Confinement.

324. Payment to be made for horses lost in the military service

In what cases. 252. Art. 79. Duration of imprisonment.

Deductious. 203. Art. 80. Receiving prisoners.

325. Payment for property captured, destroyed, &c. 254. Art, 81. l'ermitting escapes.

326. How claims to be adjusted. 255. Art. 82. Report of prisoners.

327. Adjudication to be recorded. Payment. 256. Art. 83. Unbecoming conduct.

328. Payments to be made to parents and guardians of minors. 257. Art. 81. Su-pension of pay.

3:29. Owners furnishing horses, &c., to receive compensation. 259. Art. 85. Punisduinent of cowardice or fraud.

330. Horses becoming unserviceable for want of forage to be 259. Art. 86. How court formed, when there is not a sufficiency paid for. of officers at a post.

XIX. GENERAL PROVISIONS. 260. Art. 87. Sentence of death to be by two-thirds. Whipping. Second trial.

331, Officers detached not to lose rank. 201. Art. 88. Limitation of prosecution.

332. Penalties for desertion. 202. Art. 89. Power to pardon aud mitigate. Suspension for 333. For enticing soldiers to desert. For purchasing arms, &c. president's decision.

For receiving deserters on board a ship. 203. Art. 90. Judge advocate to send the proceedings to secretary

331. Onth of officers and soldiers. of war. Party may have a copy.

335. Soldiers to be exempt from arrest for delt. 201. Art. 91. Courts of inquiry. How constituted. Their 336. Allowance to discbnrgod soldiers. powers.

337. Officers not to be engaged in civil works, &c. Nor to act as 205. Art. 9: How proceedings authenticated. When evidence. paymasters or disbursing agents, separate from their regiments. When to be oriered.

338. Suttlers to have no lien on soldiers' pay.

I. ORGANIZATION OF THE ARMY. 2 March 1821 ? 1. 1. From and after the first day of June next, the military pence 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. 2 2. 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 lotutry. 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, Ibid. a 3. and their assistants, shall be retained in service as at present organized. (c)

Engineers. 4. [That the ordnance department shall be merged in the artillery ;](a) and that the pre- lui. 4. sident 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 pow 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.](Q)

5. There shall be one major-general, with two aids-de-camp, two brigadier-generals, Ilid 2 5. each with one aid-de-camp ;(e) and that the aids-de-camp be taken from the subalterns Mnjrzencir', of the line, and, in addition to their other duties, shall perform the duties of assistant and trico

gerimals, with adjutant-general. 6. There shall be one adjutant-general,(g) and two (h) inspectors-general, with the rank,

I vid. 26. pay and emoluments of colonels of cavalry.

7. There shall be one quartermaster-general; that there shall be two quartermasters, Ibid. & i. with the rank, pay and emoluments of majors of cavalry; and ten assistant quarter-Cuttenester masters, who shall, in addition to their pay in the line, receive a sum not less than ten beberal, &c. dollars, nor more than twenty dollars, per month, to be regulated by the secretary of war. 8. There shall be one commissary-general of subsistence; and that there shall be as

Ibid. 28. 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 sub

sisteuce, &c. receive 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) 9. There shall be one paymaster-general, with the present compensation, and fourteen

Ibid 29. 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, dc. to the purchasing department.

10. The medical department shall consist of one surgeon-general, eight surgeons, with Ibid. 2 10. the compensation of regimental surgeons, and forty-five assistant surgeons, with the com- Mer iral dez artpensation of post surgeons.

11. The officers, non-commissioned officers, artificers, musicians and privates, retained Ibid. 211 by this act, except those specially provided for, shall have the same rank, pay and emolu- Rank, pr. &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.

12. The officers, cadets, non-commissioned officers, musicians, artificers and privates, 12 April 1905 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 1 502 rumissioned officers, musicians, artificers and privates in the present military establish



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(a) Soe infra, 16.

act 23 August 1842, and the duties thereof transferred to the (b) Clause within brackets repcaled, by act 5 April 1832,2 3; quartermaster's department. See infra, 108. infra, 66.

(m) By this act congress had no intention to alter the existi (c) See infra, 34.

military system, further than to reduce the establishment, and (d) Repealed by act 5 April 1832, & 3; infra, 66.

to make the positive changed therein provided. The 11 is thi, (e) Generals by brevet are not authorized to appoint aids-de liberally construed, as recognising all the oljerts mor ( camp. 2 Opin. 644.

provided for by 2 of the analogous act of 1815. (3 Stat 2-5), (9) The adjutant-general of the army, under this act. may hold which provided, "that the several corps authorized by this art, at the same time the office of adjutant-general with the rank of shall be subject to the rules and articles of war. be recruited in colonel, and that of major of the 20 regiinent of artillery. 2 the same manner, and with the saine limitations: and that Opin. 614.

officers, non-commissioned, musicians and privates shall be enti (h) The inspectors-general were reduced to one hy act 23 August tled to the same provision for wounds and di akiliti s. the same 1812, 2 4; infra, 148; but this provision was repealed, and the provision for widows and children, and the same benefits and two were restored by sct 12 January 1846. 9 Stat. 2.

allowances in every respect, pot inconsistent with the provisiona (1) This section was enacted as a permanent provision; it has of this act, as are authorized by the act of 14th March 1902. 2 Dever been repealed nor abrogate), and is still in turce. 3 Opin. 84. Stat. 1:2), and the net of the 12th April 1808. (intru, 1:2).” 2 (k) See Wetmore v. United States. 10 Pet. 647.

Opin. 188. díayo & Moulton's Puusioa and bounty Lazd Laws, The office of commissary of purchase was abolished by the 525.

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