5 July 1838. Ibid. 5. promotions in the same, so that the said corps shall consist of one colonel, one lieutenant- 57. That the authority to employ civil engineers, in the act of the 30th of April 1824, (a) be, and the same is hereby repealed, after the passage of this act. V. SAPPERS AND MINERS. Vacancies, how Ibid. 6. 2 Stat. 720. miners organ 58. That there be added to the corps of engineers, two captains, two first lieutenants, 29 April 1812 1 two second lieutenants, with the usual pay and emoluments, according to their grades respectively, and one paymaster, [to be taken from the subalterns of engineers,] (b) with Sappers and the pay and emoluments of a regimental paymaster; and that there be attached to the ized. said corps, either from the troops now in service, or by new enlistments, as the president of the United States may direct, four sergeants, four corporals, one teacher of music, four musicians, nineteen artificers and sixty-two men, which non-commissioned officers, Officers. musicians, artificers and men, together with the artificers and men already belonging to the corps of engineers, shall be formed into a company, to be styled a company of bombardiers, (c) sappers and miners, and be officered from the corps of engineers, according as the commanding officer of that corps may, with the approbation of the president of the United States, direct; and the said non-commissioned officers, musicians, artificers Pay, &c. and men, shall be allowed the same pay and emoluments as are allowed to the non-commissioned officers, musicians, artificers and men in the regiment of artillerists. 9 Stat. 12. 59. That there be added to the corps of engineers one company of sappers, miners 15 May 1846 1. and pontoniers, to be called engineer soldiers; which company shall be composed of ten sergeants or master workmen, ten corporals or overseers, two musicians, thirty-nine One company of privates of the first class, or artificers, and thirty-nine privates of the second class, or added. laborers; in all one hundred men. 60. The pay and rations of the sergeants or master workmen of said company shall be the same as those now allowed by law to the master workmen employed by the ordnance department, excepting that the engineer sergeants shall receive one ration only per day, instead of one ration and a half; of the corporals or overseers the same as those now allowed by law to the armorers, carriage-makers and blacksmiths employed by the ordnance department, excepting that the engineer corporals shall receive one ration only per day, instead of one ration and a half; of the privates of the first class, or artificers, the same as those now allowed by law to the artificers employed by the ordnance department; of the privates of the second class, or laborers, the same as those now allowed by law to the laborers employed by the orduance department; and of the musicians, the same as those allowed by law to the musicians of the line of the army; the said non-commissioned officers, privates and musicians being respectively entitled to the same clothing and other allowances as are granted by law to non-commissioned officers, privates and musicians of the artillery in the army of the United States. engineer soldiers Ibid. 22. Pay and rations. Ibid. 23. 61. The said engineer company shall be subject to the rules and articles of war, shall be recruited in the same manner, and with the same limitation, and shall be entitled to To be subject to the same provisions, allowances and benefits, in every respect, as are allowed to the the general army other troops constituting the present military peace establishment. regulations. Ibid. 24. 62. The said engineer company shall be attached to and compose a part of the corps of engineers, and be officered by officers of that corps, as at present organized; they shall To be attached to be instructed in and perform all the duties of sappers, miners and pontoniers, and shall the engineer corps. aid in giving practical instructions in these branches at the military academy; they To give practical shall, moreover, under the orders of the chief engineer, be liable to serve by detach- instructions at ments in overseeing and aiding laborers upon fortifications or other works under the West Point. engineer department, and in supervising finished fortifications as fort-keepers, preventing injury and applying repairs. Other duties. 63. The chief engineer, with the approbation of the secretary of war, be authorized Ibid. 25. to regulate and determine the number, quality, form, dimensions, &c., of the necessary Duties and vehicles, pontons, tools, implements, arms and other supplies, for the use and service of powers of chief engineer. said company as a body of sappers, miners and pontoniers. (a) By this act the president is authorized to cause the neces sary surveys, plans and estimates to be made of the routes of such roads and canals as he may deem of national importance, in a commercial or military point of view, or necessary for the transportation of the public mail; designating, in the case of such canal, what parts may be made capable of sloop navigation: the surveys, plans and estimates, for each, when completed, to be laid before congress. And for that purpose, to employ two or more 5 April 1832 3 1. 4 Stat. 504. Ibid. 22. Ordnance ser VI. ORDNANCE DEPARTMENT. 64. From and after the passage of this act, the ordnance department shall consist of one colonel, one lieutenant-colonel, two majors and ten captains, and as many enlisted men as the public service may require, not exceeding two hundred and fifty. 65. That the secretary of war be authorized to select from the sergeants of the line of the army, who shall have faithfully served eight years in the service, four years of geants to be ap which in the grade of non-commissioned officer, as many ordnance sergeants as the service pointed. Their duties. Pay. Ibid. 23. Repealing section. President may select lieutenants for ordnance duty. Ibid. 4. 8 Feb. 1815 2 2. 3 Stat. 203. may require, not to exceed one for each military post; whose duty it shall be to receive and preserve the ordnance, arms, ammunition and other military stores, at the post under the direction of the commanding officer of the same, and under such regulations as shall be prescribed by the secretary of war, and who shall receive for their services five dollars per month, in addition to their pay in the line. 66. The first section of the act passed on the 8th of February 1815, (a) entitled “ An act for the better regulation of the ordnance department," and so much of the second section of the act, entitled “An act to reduce and fix the military peace establishment of the United States," passed the 2d of March 1821, as provides for one supernumerary captain to each regiment of artillery, (b) to perform ordnance duty; and so much of the 4th section of the same act as merges the ordnance department in the artillery and reduces the number of enlisted men,(c) be, and the same are hereby repealed: Provided, That nothing contained in this act shall be so construed as to divest the president of the United States of authority (d) to select from the regiments of artillery such number of lieutenants as may be necessary for the performance of the duties of the ordnance depart ment. 67. All officers and enlisted men authorized by this act, shall be subject to the rules and articles of war, and that the officers shall receive the pay and emoluments now allowed, or which may hereafter be allowed, to artillery officers. 68. The colonel or senior officer of the ordnance department is authorized to enlist for the service of that department for five years (e) as many master armorers, master carriageArmorers, &c., makers, master blacksmiths, artificers, armorers, carriage-makers, blacksmiths and may be enlisted. laborers, as the public service, in his judgment, under the directions of the secretary for the department of war, may require. Ibid. 2 3. Inspection and proof of ordDance, &c. 69. It shall be the duty of the colonel of the ordnance department to direct the inspection and proving of all pieces of ordnance, cannon balls, shot, shells, small arms and side arms, and equipments, procured for the use of the armies of the United States; and to direct the construction of all cannon and carriages, and every implement and apparatus for ordnance, and all ammunition wagons, travelling forges and artificers' wagons, the inspection and proving of powder, and the preparation of all kinds of ammunition and ordnance stores. And it shall also be the duty of the colonel or senior officer of the tracts and pur- ordnance department to furnish estimates, and, under the direction of the secretary for the department of war, to make contracts (g) and purchases for procuring the necessary supplies of arms, equipments, ordnance and ordnance stores. Estimates, con chases. Ibid. 24. Artificers to be 70. The colonel of the ordnance department shall organize and attach to regiments, corps or garrisons, such number of artificers, with proper tools, carriages and apparatus, attached to regi- under such regulations and restrictions relative to their government and number, as, in his judgment, with the approbation of the secretary for the department of war, may be considered necessary. ments, &c. Ibid. 25. 71. The colonel of the ordnance department, or senior officer of that department of any district, shall execute all orders of the secretary for the department of war, and, in time of war, the orders of any general, or field officer, commanding any army, garrison or detachment, for the supply of all arms, ordnance, ammunition, carriages, forges and apparatus, for garrison, field or siege service. 72. The keepers of all magazines and arsenals, shall, quarterly, or oftener if so directed, and in such manner as directed by the colonel of the ordnance department, arsenals to report make correct returns to the colonel or senior officer of the ordnance department, of all ordnance, arms and ordnance stores, they may have in charge. to Ibid. 27. Damages to arms to be deducted from pay of off 73. The costs of repairs of 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 soldier in whose care or use the said arms, equipments or implements were, when the cers and soldiers, said damages occurred: Provided, The said damages were occasioned by the abuse or negligence of the said officer or soldier. And it is hereby made the duty of every officer Officers to report commanding regiments, corps, garrisons or detachments, to make, once every two damages to arms. months, or oftener if so directed, a written report to the colonel of the ordnance depart (a) 3 Stat. 203 (b) Supra, 2. (d) By act 2 March 1821, 24; supra, 4. (c) Supra, 4. (e) See act 18 June 1846. 3 11, infra, 85, re-enacting this provi sion, with the exception of the term of enlistment. (g) He may make contracts for the supply of ordnance, without previously advertising for proposals. 3 Opin. 293, ment stating all damages to arms, equipments and implements, belonging to his com- 8 Feb. 1815. mand, noting those occasioned by negligence or abuse, and naming the officer or soldier by whose negligence or abuse the said damages were occasioned. Ibid. 28 Reports to the 74. 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. arms, military stores, implements and apparatus, of every description, and in such form as the secretary for the department of war shall direct. 75. To insure system and uniformity in the different public armories, they are hereby Ibid. 29. 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 authorized 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. nance depart Ibid. 10. 76. The colonel of the ordnance department, under the direction of the secretary for the department of war, is hereby authorized to draw up a system of regulations for the system of regugovernment of the ordnance department, forms of returns and reports, and for the uni- lations. formity of manufactures of all arms, ordnance, ordnance stores, implements and apparatus, and for the repairing and better preservation of the same. Ibid. 11. 77. The pay, emoluments and allowances, for the officers of the ordnance deparment, shall be the same as the pay, emoluments and allowances now allowed to officers Pay and allowof similar grades respectively, in the artillery (a) of the United States. And that the ances. pay of a master armorer shall be thirty dollars per month, and one a half rations per day; of a master carriage-maker, thirty dollars per month, and one and a half rations per day; of a master blacksmith, thirty dollars per month, and one a half rations per day. The pay of armorers, carriage-makers, or blacksmiths, each, sixteen dollars per month, and one and a half rations per day; the pay of artificers, thirteen dollars per month, and one ration per day; and the pay of laborers, nine dollars per month, and one ration per day; and to all of the said workmen, artificers and laborers, the same clothing, and other allowances, as are allowed to privates of infantry in the army of the United States, except clothing to the master workmen. Ibid. 13. 78. The colonel of the ordnance department is hereby allowed, at the rate of one thousand dollars per year, for clerks, and such books and stationery as may be necessary Allowance for to his department.(b) 79. The act passed May the 14th 1812, (c) entitled "An act for the better regulation of the ordnance department," and the sections of any other acts, coming within the purview of any of the sections of this act, be, and the same are hereby repealed. clerk hire, &c. Ibid. 14. 3 Stat. 299. 80. The ordnance department be continued as at present organized under the act of 24 April 1816311 February 8th 1815, and that ordnance officers be assigned to their duties with the staff of the army, in the same manner as from the corps of engineers. 5 Stat. 258 increased. Ibid. 14. 81. That the president of the United States be and he is hereby authorized to add to 5 July 1835 13. the ordnance department whenever he may deem it expedient to increase the same, by and with the advice of the senate, two majors, and that he be further authorized to officers to be transfer ten first lieutenants and ten second lieutenants from the artillery to the ordnance department, (d) and that the pay and emoluments of the officers of the said department shall be the same as those allowed to the officers of the regiment of dragoons. 82. So much of the 4th section of the act passed 5th of April 1832, for the organization of the ordnance department, as authorizes the officers of ordnance to receive the Extra pay in same pay and emoluments now allowed artillery officers, shall be construed to include certain cases. the ten dollars per month additional pay to every officer in the actual command of a company, as compensation for the duties and responsibilities with respect to clothing, arms and accoutrements of the company, under the authority of the 2d section of the act passed 2d of March 1827, (e) giving further compensation to the captains and subalterns of the army of the United States in certain cases: Provided, That the officers of the ordnance department claiming the compensation for such duties and responsibilities shall have been actually in the command of enlisted men of the ordnance equal to a company of artillery, and thereby incurred the aforesaid responsibilities. 83. The number of lieutenants authorized by said act to be added and transferred to the ordnance department, shall be limited to twelve. 7 July 1838 ? 1. 5 Stat. 3US Aug. 1942 Z B 5 Stat. 513. 84. A competent person may be employed by the ordnance bureau, under the direction 23 of the secretary of war, for such time as may be necessary, to superintend the manufacture of iron cannon at the several foundries where such cannon may be made under Superintendent contracts with the United States, whose pay and emoluments shall not exceed those of a of cannon to be appointed. major of ordnance during the time he shall be so employed, to be paid out of the appro (a) To have the pay and emoluments of officers of the dragoons, by act 5 July 1858. 13; infra, 81. (b) By act 4 July 1836, 5. infra, 104, the president, in the absence of the chief of any military bureau of the war department, is authorized to appoint some officer of the department or corps of manufacture 25 August 1842. priations for armament of fortifications; and for the services rendered in such superintendence since the 1st day of March 1841, under the authority of the war department, the same compensation shall be allowed as herein provided. Compensation. 18 June 1846 11. 9 Stat. 18. Enlistment of master armorers, &c. 3 March 1847 16. 9 Stat. 180. 85. The colonel or senior officer of the ordnance department is authorized to enlist, for the service of that department, as many master armorers, master carriage-makers, master blacksmiths, artificers, armorers, carriage-makers, blacksmiths and laborers, as the public service, in his judgment, under the directions of the secretary for the department of war, may require. 86. That the president of the United States be, and is hereby, authorized to add to the ordnance department, whenever he shall deem it expedient to increase the same, two Additional offi- captains and six first lieutenants, who shall be entitled to receive the same pay and allowances as officers of those grades, respectively, now belonging to that department. to be disbanded at the close of the war.(a) cers. 28 March 181221. 2 Stat. 696. department established. VII. QUARTERMASTER'S DEPARTMENT. 87. That there be and hereby is established a quartermaster's department for the army of the United States, [to consist of a quartermaster-general, four deputy quarterQuartermaster's masters, and as many assistant deputy quartermasters, as, in the opinion of the president of the United States, the public service may require ;](b) the quartermaster-general and deputy quartermasters to be appointed by the president, by and with the advice and consent of the senate; and the assistant deputy quartermasters by the president alone. And he hereby is authorized moreover to appoint such additional number of deputy quartermasters, not exceeding four, to be taken from the line or not, at his discretion, as in his judgment the public service may require. Tbid. 2. Rank and pay. Ibid. 3 3. partment. Quartermastergeneral to account. 88. The quartermaster-general shall be entitled to the rank, pay and emoluments of a brigadier-general, (under the act of the 12th of April, 1808(c)) with forage for two additional horses; [the deputy quartermasters when not taken from the line, shall be entitled to receive sixty dollars per month, five rations per day and forage for two horses, but if taken from the line, then such additional pay and emoluments as shall be equal to the foregoing provision; the assistant deputy quartermasters, when not taken from the line, shall be entitled to and receive forty dollars per month, three rations per day, and forage for one horse, but if taken from the line, then such additional pay and emoluments as shall be equal to the foregoing provision.] (d) 89. In addition to their duties in the field, it shall be the duty of the quartermasterDuties of the de- general, his deputies and assistant deputies, when thereto directed by the secretary of war, to purchase military stores, camp equipage and other articles requisite for the troops, and generally to procure and provide means of transport for the army, its stores, artillery and camp equipage. That the quartermaster-general shall account as often as may be required, and at least once in three months, with the department of war, in such manner as shall be prescribed, for all property which may pass through his hands, or the hands of the subordinate officers in his department, or that may be in his or their care or possession, and for all moneys which he or they may expend in discharging their Responsibilities. respective duties; that he shall be responsible for the regularity and correctness of all returns in his department; and that he, his deputies and assistant deputies, before they enter on the execution of their respective offices, shall severally take an oath faithfully to perform the duties thereof. Oath. Ibid. 24. Commissary. 90. There shall be a commissary general of purchases, (e) and as many deputy com missaries, as, in the opinion of the president of the United States, the public service may general of pur require, to be appointed by the president, by and with the advice and consent of the chases. Ibid. 25. senate. 91. It shall be the duty of the commissary-general of purchases, under the direction and supervision of the secretary of war, to conduct the procuring and providing of all missary-general arms, military stores, clothing, and generally all articles of supply requisite for the of purchases. Duties of com 22 May 1812 Not to trade. 1. military service of the United States; and it shall be the duty of the deputy commissaries, when directed thereto, either by the secretary of war, the commissary-general of pur chases, or, in cases of necessity, by the commanding general, quartermaster-general, or deputy quartermasters, to purchase all such of the aforesaid articles as may be requisite for the military service of the United States. 92. Neither the quartermaster-general, the commissary-general, nor any or either of their deputies or assistant deputies, shall be concerned, directly or indirectly, in the purchase or sale, for commercial purposes, of any article intended for, making a part of, or appertaining to their respective departments, except for, and on account of the United (a) The 22 of this act excepts from the liability to be dis charged at the close of the Mexican war, the officers of the ordnance authorized by this & 16. 9 Stat. 186. (b) Supplied and altered by act 2 March 1821.7: supra, 7. And see infra, 102, 105, 109. By act 18 June 1846, 87, infra, 140, States; nor shall they, or either of them, take or apply to his or their own use, any gain 22 May 1812. or emolument for negotiating or transacting any business in their respective departments, other than what is or may be allowed by law. 93. That the quartermaster-general be, and he is hereby empowered to appoint one principal barrack master, and as many deputy barrack masters, as may from time to time be necessary, not exceeding one to each separate barrack or cantonment: which said principal barrack master shall be entitled to receive the same pay, rations and emoluments as the principal forage master; and each of his deputies, the same pay, rations and emoluments as is by law allowed to a deputy forage master. Ibid. § 2. Barrack masters. Ibid. 2 3. 94. In addition to the allowance made to the quartermaster-general and commissarygeneral respectively, in and by the act hereby amended, it shall and may be lawful for Contingent exthe secretary for the department of war, for the time being, to allow to them respectively, penses may be such sums as in his opinion shall have been actually and necessarily expended in their several departments for office rent, fuel, candles and extra clerk hire. allowed. bond. 95. The quartermaster-general, the deputy quartermaster, and the assistant deputy Ibid. § 4. quartermasters, shall, before they or either of them enter upon the duties of their appoint- officers to give ment respectively, enter into bond with sufficient security, to be approved of by the secretary at war, conditioned for the faithful expenditure of all public moneys, and accounting for all public property, which may come to their hands, respectively; (a) and Responsibility of the quartermaster-general shall not be liable for any money or property that may come quartermasterinto the hands of the subordinate officers of his department. general. 2 Stat. 817. saries may be 96. That the president of the United States be, and he is hereby empowered, as he may 3 March 1813 8 deem it expedient, either to appoint for the time being a special commissary or commissaries for the purpose of supplying by purchase or contract, and of issuing, or to authorize Special commis any officer or officers in the quartermaster-general's department, to supply and issue as appointed. aforesaid, the whole or any part of the subsistence of the army, in all cases where, either from the want of contractors, or from any deficiency on their part, or from any other contingency, such measure may be proper and necessary in order to insure the subsistence of the army or of any part thereof; and such special commissaries shall each, whilst employed, be entitled to the pay and emoluments of a deputy quartermaster-general. 2 Stat. 820. 97. The forage, wagon and barrack masters shall be appointed as heretofore: but each 3 March 1813 8 8. quartermaster-general, attached to any separate army, command or district, shall be authorized, with the approbation, and under the direction of the secretary of the war Forage, wagon department, to appoint as many such officers and to employ as many artificers, mechanics masters, &c. and laborers as the public service may require. and barrack 3 Stat. 298. 98. All officers of the pay, commissary and quartermaster's department, shall, previous 24 April 1816 3 6. to their entering on the duties of their respective offices, (b) give good and sufficient bonds to the United States, fully to account for all moneys and public property which they may Bonds. receive, (c) in such sum as the secretary of war shall direct. (d) And all paymasters, To be subject to commissaries and storekeepers, shall be subject to the rules and articles of war, in the articles of war. same manner as commissioned officers: Provided also, That all officers of the pay and To be confirmed commissary's departments be submitted to the senate for their confirmation, in the same by the senate. manner as the officers of the army. 4 Stat. 173. clothing, &c. 99. It shall be the duty of the quartermaster's department, in addition to its present 18 May 1826 1. duties, to receive from the purchasing department, and distribute to the army of the United States, all clothing and camp and garrison equipage required for the use of the To distribute troops; and that it shall be the duty of the quartermaster-general, under the direction of the secretary of war, to prescribe and enforce, under the provisions of this act, a system of accountability for all clothing and equipage issued to the army. Ibid. 2 2. Officers to make turns of clothing, 100. Every captain or commander of a company, detachment or recruiting station, or other officer, who shall have received clothing or camp equipage for the use of his command, or for issue to the troops, shall render to the quartermaster-general, at the quarterly reexpiration of each regular quarter of the year, quarterly returns of such supplies, accord-&c. ing to the forms which may be prescribed, accompanied by the requisite vouchers for any issue that shall have been made; which returns and vouchers, after due examination by the quartermaster-general, shall be transmitted for settlement to the proper office of the treasury department. 101. It shall be the duty of all officers charged with the issue of clothing, or other supplies, carefully to preserve the same from waste or damage; and, in case of deficiency, O final settlement, of any article of supplies, the value thereof shall be charged against Ibid. 23. Liability. the condition being in conformity with the act, held valid as to |