18 May 1826. the delinquent, and deducted from his monthly pay, unless he shall show, to the satisfaction of the secretary of war, by one or more depositions, setting forth the circumExcept in case of stances of the case, that the said deficiency was occasioned by unavoidable accident, or unavoidable accident cers to be ap pointed, was lost in actual service, without any fault on his part; and, in case of damage, he shall also be subject to charge for the damage actually sustained, unless he shall show, in like manner, to the satisfaction of the secretary of war, that due care and attention were given to the preservation of said supplies, and that the damage did not result from neglect. Ibid. 24. 102. The better to enable the quartermaster's department to carry into effect the proAdditional offi- visions of this act, there he appointed two additional quartermasters, and ten assistant quartermasters, to be taken from the line of the army, who shall have the same rank and compensation as are provided for like grades by the act, entitled "An act to reduce and fix the military peace establishment of the United States," approved the 2d day of March 1821:(a) Provided, That assistant quartermasters be entitled, also, to receive the allowance of forage heretofore authorized, by law, to regimental and battalion quartermasters.(b) Forage. Ibid. 25. Bonds. 4 July 1836 35. 5 Stat. 117. 103. Each officer appointed under this act shall, before he enter upon his duties, give bond, with sufficient surety, to be approved by the secretary of war, in such sum as the president shall direct, with condition for the faithful performance of the duties of his office. 104. During the absence of the quartermaster-general, or the chief of any other military bureau of the war department, the president be authorized to empower some officer of the department or corps whose chief is absent, to take charge thereof, and to perform ment, president the duties of quartermaster-general or chief of the department or corps, as the case may others to perform be, during such absence: Provided, That no additional (c) compensation (d) be allowed In absence of heads of departmay appoint their duties. 5 July 18399. 5 Stat. 257. Increase of quartermaster's department. Rank and pay. Ibid. 10. therefor. 105. That the president of the United States be, and he is hereby authorized, by and with the advice and consent of the senate, to add to the quartermaster's department not exceeding two assistant quartermasters-general, with the rank of colonel, two deputy quartermasters-general, with the rank of lieutenant-colonel, and eight assistant quartermasters, with the rank of captain; that the assistant quartermasters now in service shall have the same rank as is provided by this act for those hereby authorized; and that the pay and emoluments of the officers of the quartermaster's department, shall be the same as are allowed to officers of similar rank in the regiments of dragoons: Provided, That all appointments in the quartermaster's departments shall be made from the army, and when officers taken for such appointments hold rank in the line, [they shall thereupon relinquish said rank, and be separated from the line of the army ;] (e) and that promo‐ tion in said department shall take place as in regiments and corps. 106. That the quartermaster-general be, and he is hereby authorized from time to time, to employ as many forage masters and wagon masters as he may deem necessary for the wagon masters. service, not exceeding twenty in the whole, who shall be entitled to receive each forty Forage and dollars per month, and three rations per day, and forage for one horse; and neither of whom shall be interested or concerned, directly or indirectly, in any wagon or other Disqualifications. means of transport employed by [the] United States, nor in the purchase or sale of any property procured for or belonging to the United States, except as an agent for the United States. 7 July 1838 21. & Stat. 308. 23 Aug. 1842 23. 5 Stat. 513. Duties of commissary-general of purchases transferred to quartermaster's department. 18 June 1846 2 5. 9 Stat. 17. Additional ap 107. So much of said act as requires assistant quartermasters to be separated from the line, shall be, and the same is hereby, repealed. 108. The office of commissary-general of purchases, sometimes called commissary of purchases, shall be, and the same is hereby abolished, and the duties thereof shall hereafter be performed by the officers of the quartermaster's department, with such of the officers and clerks now attached to the purchasing department as shall be authorized by the secretary of war, and under such regulations as shall be prescribed by the said secretary, under the sanction of the president of the United States. 109. When volunteers or militia are called into the service of the United States in such numbers that the officers of the quartermaster, commissary and medical departments, authorized by law, be not sufficient to provide for supplying, quartering, transporting and furnishing them with the requisite medical attendance, it shall be lawful militia are called for the president to appoint, with the advice and consent of the senate, as many addi into the service. tional officers of said departments as the service may require, not exceeding one quar. termaster and one commissary for each brigade, with the rank of major, and one assist pointments to be made when volunteers or (a) See supra, 7. (c) When the head of any one of the executive departments is temporarily absent, the person who may act in his stead is regarded as a mere substitute for the incumbent, who alone is legally entitled to draw the salary. But where the office is entirely vacant, and a person is temporarily appointed to perform its du ties, he is legally entitled, for the time being, to the salary annexed to the office. 3 Opin. 201, 265. (d) This word "compensation" is synonymous with "pay" or "salary," and does not include the double rations allowed by the regulations. 3 Opin. 152. (e) Repealed by act 7 July 1838; infra, 107. ant quartermaster with the rank of captain, one assistant commissary, with the rank 18 June 1846. of captain, one surgeon and one assistant surgeon for each regiment; the said quartermasters and commissaries, assistant quartermasters and assistant commissaries, to giv bonds, with good and sufficient sureties, for the faithful performance of their duties; and Bonds. they and the said surgeons and assistant surgeons to perform such duties as the presi dent shall direct: Provided, That the said officers shall be allowed the same pay and Pay, &c. emoluments as are now allowed to officers of the same descriptions and grades in those departments respectively; that they be subject to the rules and articles of war, and con- Term of service. tinue in service only so long as their services shall be required, in connexion with the militia and volunteers. 11 Stat. 203. 110. There shall be added to the quartermaster's department of the army five mili- 3 March 1857 ? ↳ tary storekeepers, who shall give the bond and security required by the existing law; and they and all other military storekeepers shall have in kind, and in kind only, the Military storekeepers. fuel and quarters of first lieutenant of the army. VIII. COMMISSARIAT DEPARTMENT. 3 Stat. 42. general of sub 111. As soon as the state of existing contracts for the subsistence of the army shall, 14 April 1818 26 in the opinion of the president of the United States, permit it, there shall be appointed by the president, by and with the advice and consent of the senate, one commissary- Commissarygeneral, with the rank, pay and emoluments, of colonel of ordnance, who shall, before sistence. entering on the duties of his office, give bond and security, in such sum as the president Boud. may direct; and as many assistants, to be taken from the subalterns of the line, as the Assistants. service may require, who shall receive twenty dollars per month in addition to their pay in the line, and who shall, before entering on the duties of their office, give bond and Duties. security, in such sums as the president may direct. The commissary-general and his assistants shall perform such duties, in purchasing and issuing of rations to the army of the United States, as the president may direct.(a) Ibid. 7. 112. Supplies for the army, unless, in particular and urgent cases, the secretary of war should otherwise direct, shall be purchased by contract, to be made by the commis- Supplies to be sary-general on public notice, to be delivered, on inspection, in the bulk, and at such purchased by places as shall be stipulated; which contract shall be made under such regulations as the secretary of war may direct. (b) contract. 5 Stat. 255. 113. That there be added to the commissariat of subsistence one assistant commissary- 5 July 1838 & 11. general of subsistence, with the rank, pay and emoluments of a lieutenant-colonel of cavalry; one commissary of subsistence with the rank, pay and emoluments of a Increase of com quartermaster of the army; and three commissaries of subsistence with the rank, pay ment. and emoluments of assistant quartermasters.(c) missariat depart 114. The three assistant commissaries of subsistence authorized by said act, shall not 5 July 1838 2 1. be separated from the line of the army. IX. PAYMASTER'S DEPARTMENT. 5 Stat. 308. May 1792 8 3. 1 Stat. 208. master. 115. That there be a paymaster to reside near the headquarters of the troops of the 8 United States. (d) That it shall be the duty of the said paymaster, to receive from the treasurer all the moneys which shall be intrusted to him for the purpose of paying the Duties of paypay, the arrears of pay, subsistence or forage, due to the troops of the United States. That he shall receive the pay abstracts of the paymasters of the several regiments or corps, and compare the same with the returns or muster rolls which shall accompany the said pay abstracts. That he shall certify accurately to the commanding officer, the sums due to the respective corps, which shall have been examined as aforesaid, who shall thereon issue his warrant on the said deputy paymaster, for the payment accordingly. That copies of all reports to the commanding officer, and the warrants thereon, shall be duly transmitted to the office of the accountant of the war department, in order to be there examined and finally adjusted at the treasury. 3 Stat. 297. 116. The pay department shall consist (e) of one paymaster-general of the army, with 24 April 1816 a the annual salary of two thousand five hundred dollars, and that in addition to regimental paymasters, there be appointed one paymaster to each battalion of the corps of artil- Pay department. lery, who, as well as the regimental paymasters, in addition to the regular and punctual payment of their respective regiments or corps, shall discharge the duties of district paymasters within such district as shall from time to time be assigned them by the paymaster general, under the direction of the secretary of war. Provided, That regimental and Pay and emolubattalion paymasters may be taken either from the subalterns of the army, or citizens, and appointed by the president of the United States. (a) See supra, 8. (b) The 22 6, 7, 8, 9 and 10 of this act were limited to the term of five years from its passage: 22 7, 8, 9 and 10 were continued for five years longer, by act 23 January 1823. 3 Stat. 721. The 26, 7, 8, 9 and 10 were continued for five years, and no longer. by act 2 March 1829. 4 Stat. 360; and 7, 8, 9 and 10 were made perpetual by act 3 March 1835. 4 Stat. 780. (c) By act 26 September 1850, 21.there are added to the subsist ments. Provided also, That regimental Clerks. ence department, four commissaries, with the rank of captain, to be taken from the line of the army. 9 Stat. 469. (d) The act 16 March 1802. 16, prescribes that the paymaster shall perform the duties of his office, agreeably to the direction of the president of the United States, for the time being. 2 Stat. 135. See supra, 104, as to temporary appointments, in the absence of the head of the department (e) See infra, 131. 24 April 1816. and battalion paymasters shall receive the pay and emoluments of major, (a) and shall each be allowed a capable non-commissioned officer as clerk, (b) who, while so employed, shall receive double pay, (c) and the actual expense of transportation while travelling under orders in the discharge of his duty. Ibid. 24. Returns to be male to paymaster-general. Ibid. § 6. Officers to give bonds. To be subject to articles of war. To be confirmed by the senate. 4 July 1836 5 Stat. 117. 1. 117. It shall be the duty of the regimental and battalion paymasters to pay all the regular troops; (d) and to insure punctuality and responsibility, correct reports shall be made to the paymaster-general once in two months, showing the disposition of the funds previously transmitted, with accurate estimates for the next payment of such regiment, garrison or department, as may have been assigned to each, and whenever any paymaster shall fail to transmit such estimate, or neglect to render his vouchers to the paymastergeneral for settlement of his accounts, more than six months after receiving funds, he shall be recalled, and another appointed in his place. (e) 118. All officers of the pay, commissary and quartermaster's department, shall, previous to their entering on the duties of their respective offices, give good and sufficient bonds to the United States, fully to account for all moneys and public property which they may receive, in such sum as the secretary of war shall direct. (g) And all paymasters, commissaries and storekeepers, shall be subject to the rules and articles of war, in the same manner as commissioned officers: Provided also, That all officers of the pay and commissary's departments be submitted to the senate for their confirmation, in the same manner as the officers of the army. 119. That the president of the United States be, and he hereby is authorized and empowered to appoint three additional paymasters, to be attached to the pay department Three additional of the army: Provided, That the appointments be submitted to the senate for their confirmation, in the same manner as other officers of the army. paymasters. Ibid. 2. Daties, pay, allowances, &c. Ibid. 23. When volunteers or militia are called into ser 120. The officers appointed in virtue of this act shall perform the same duties and receive the same pay and allowances as the present paymasters of the army; and shall in like manner be subject to the rules and articles of war; and previous to entering upon the duties of their office shall give such bonds to the United States as the secretary of war may direct, for the faithful performance of their duties. 121. When volunteers or militia are called into the service of the United States, so that the paymasters authorized by law shall not be deemed sufficient to enable them to pay the troops with proper punctuality, it shall be lawful for the president to assign to vice, duty of pay- any officer of the army the duty of paymaster, who, while so assigned, shall perform the master may be same duty, give the same bond, be subject to the same liability and receive the same emoluments as are now provided for paymaster of the army: Provided however, That the number of officers so assigned shall not exceed one for every two regiments of militia or volunteers; And provided also, That the whole emoluments of the said officers, including their pay and allowances in the line, shall not exceed the pay and emoluments of a paymaster. assigned to any officer. Pay, &c. 5 July 1838 23. 5 Stat. 257. Paymaster of engineers. Ibid. ? 20. Citizens may employed as clerks. Ibid. 25. be Additional paymasters when militia are called into service. 122. That so much of the act passed the 29th day of April 1812, (h) entitled “An act making further provision for the corps of engineers," as provides that one paymaster shall be taken from the subalterns of the corps of engineers, be and the same is hereby repealed; and that the paymaster so authorized and provided be attached to the pay department, and be in every respect placed on the footing of other paymasters of the army. 123. Whenever suitable non-commissioned officers or privates cannot be procured from the line of the army to serve as paymasters' clerks, paymasters be and hereby are authorized and empowered, by and with the approbation of the secretary of war, to employ citizens to perform that duty, at salaries not to exceed five hundred dollars per annum, each.(i) 124. When volunteers or militia are called into the service of the United States, so that the paymasters authorized by law shall not be deemed sufficient to enable them to pay the troops with proper punctuality, it shall be lawful for the president to appoint as many additional paymasters as he shall deem necessary, who shall perform the same (a) Paymasters are entitled to the pay and emoluments of majors of infantry, and not of cavalry. Wetmore v. United States, 10 Pet. 647. United States v. Gwynne. 1 McLean, 270. 2 Opin. 220. (b) There is no provision of law which authorizes the employment of persons for clerks to paymasters, other than non-commis sioned officers; yet, the department, in the exercise of its general powers, may allow a private citizen to be employed, when no capable non-commissioned officer can be obtained. 3 Opin. 242. Now regulated by act 5 July 1838, 20; infra, 123. (c) The department may take the highest pay allowed by the laws in force to any non-commissioned officer of the corps to which the person employed, as paymaster's clerk, belongs, as the standard of compensation, and may allow double the same. 3 Opin. 242. (d) And by act 14 July 1832. all other troops in the service of the United States, whenever required thereto by order of the pre sident. 4 Stat 582. (e) This is directory merely, and forms no part of the contract with the surety. United States v. Vanzandt, 11 Wh. 184. s. P., Dox v. Postmaster-General, 1 Pet. 318. (g) See supra, 98, and notes. By act 15 May 1820, 3, the president is authorized, from time to time, as in his opinion the interest of the United States may require, to regulate and increase the sums for which the bonds required, or which may be required by the laws of the United States, to be given by the said officers, and by all other officers employed in the disbursement of the public moneys, under the direction of the war or navy departments, shall be given; and all bonds given in conformity with such regulations shall be as valid and effectual, to all intents and purposes, as if given for the sums respectively mentioned in the laws requiring the same. 5 Stat. 582. duty, give the same bond, be subject to the same liability and receive the same pay and emoluments, as are now provided for paymasters of the army: Provided however, That the number so appointed shall not exceed one for every two regiments of militia or volunteers: And provided also, That the persons so appointed shall continue in service only so long as their services are required to pay militia and volunteers. 125. The compensation hereafter to be allowed to such ordnance storekeepers as shall be designated as paymasters, shall not exceed the pay and emoluments of a captain of ordnance. 5 July 1838. Ibid. 26. Ordnance storekeepers. 126. That the president of the United States be, and he is hereby, authorized, by and 17 June 1846 § L with the advice and consent of the senate, to appoint three additional paymasters, to be attached to the pay department of the army. 9 Stat. 17. Ibid. 22. 127. The officers appointed in virtue of this act shall perform the same duties, receive the same pay and allowances, as the present paymasters of the army, and shall, in like To be subject to manner, be subject to the rules and articles of war; and previous to entering upon the the same regula duties of their office, shall give such bonds to the United States as the secretary of war paymasters. may direct, for the faithful performance of their duties. tions as other 9 Stat. 185. masters-general. 128. The president of the United States be, and he hereby is, authorized, by and with 3 March 1847 ? 12. the advice and consent of the senate, to add to the pay department of the army two deputy paymasters-general, with the pay and allowances each of a deputy quartermaster- Deputy paygeneral, and ten paymasters, with the pay and allowances each of a paymaster of the army; and the officers so appointed shall give such bonds as the president shall, from time to time, direct: Provided, That the deputy paymasters-general shall, in addi- Their duties. tion to paying troops, superintend the payment of armies in the field. Ibid. 13. 129. The officers of the pay department shall have rank corresponding with the rank to which their pay and allowances are assimilated: Provided, That paymasters shall not Rank in the dein virtue of such rank, be entitled to command in the line, or other staff departments of partment. the army: Provided also, That the right to command in the pay department, between No command in officers having the same rank, shall be in favor of the oldest in service in the department, without regard to the date of commission under which they may be acting at the time. the line. Ibid. 14. 9 Stat. 350 130. All paymasters hereafter to be appointed by the president for the volunteer service of the United States shall be nominated to the senate for confirmation to such office. 131. The pay department of the army shall consist of a paymaster-general, who shall 2 March 1849 ? 1 have the rank of colonel, and the same pay and allowances as are at present provided by law, and the same tenure of office as the heads of other disbursing departments of Organization of the pay departthe army; two deputy paymasters-general, with the same rank, pay and allowances as ment. are now provided by law for such officers, and the same tenure of office as officers of like Rank and emolu. grade in other disbursing departments of the army; and twenty-five paymasters, with ments. the same rank, pay and allowances as are now provided by law for such officers, and the To give new same tenure of office as officers of like grade in other disbursing departments of the bonds every four army.(a) That it shall be the duty of all disbursing officers of the pay department to years. renew their bonds, or furnish additional security, at least once in four years, or as much oftener as the president may direct. That the officers of the pay department, provided for by the first section of this act, shall consist of the paymaster-general, the two deputy paymasters-general now in commission, the fifteen paymasters who were in service under the acts in force at the commencement of the war with Mexico and ten paymasters to be selected from the additional paymasters now in service, and the thirteen paymasters authorized by the acts of the 17th of June 1846 (b) and the 3d of March 1847.(c) X. STAFF OFFICERS. 3 Stat. 298. ments of staff 132. The several officers of the staff shall respectively receive the pay and emoluments 24 April 1816 2 9. and retain all the privileges secured to the staff of the army by the act of March 3d 1813,(d) and not incompatible with the provisions of this act; (e) and that the regula- Pay and emclu tions in force before the reduction of the army, be recognised, as far as the same shall officers. be found applicable to the service, subject however to such alterations as the secretary of war may adopt, with the approbation of the president. 133. That the officers of the staff, provisionally retained by the president, and in this act enumerated and made permanent, be recognised in service under this act, and that (a) The act 15 May 1820, 1, provides that paymasters in the army shall be appointed for the term of four years, but shall be removable from office at pleasure. 3 Stat. 582. This included the paymaster-general. 2 Opin. 27. And by act 5 July 1838, 24, infra, 311, the officers of the pay department are to receive the pay and emoluments of officers of cavalry of the same grades respectively, according to which they are pald by existing laws. By act 23 August 1842, 2, the paymasters at certain armories Ibid. 10. and arsenals are to receive the sum of $1250 per annum. See tit. (d) 2 Stat. 819. The staff was reorganized and its pay and emo luments retained by the act 2 March 1821; supra, 5-11. (e) This act is prospective in its operation, and refers to the act of 1813 merely as a standard to govern the subject in future. 1 Opin. 468. 24 April 1816. the garrison surgeons and mates be hereafter considered as post surgeons; and hereafter the staff of the army may be taken from the line of the army or from citizens. 5 July 1838 37. 5 Stat. 257. 134. The president of the United States shall be, and he is hereby, authorized to appoint so many assistant adjutants-general, not exceeding two with the brevet rank, Alditional assist pay and emoluments of a major, and not exceeding four with the brevet rank, pay and ant adjutants general. To act as assistant inspectorsgeneral. Ibid. 28. emoluments of a captain of cavalry, as he may deem necessary; and that they shall be taken from the line of the army, and in addition to their own, shall perform the duties of assistant inspectors-general when the circumstances of the service may require. 135. The officers to be taken from the line and transferred to the staff, under the last Pay and emolu preceding section, shall receive only the pay and emoluments attached to their rank in the staff; but their transfer shall be without prejudice to their rank and promotion in the line, according to their said rank and seniority; which promotion shall take place according to usage, in the same manner as if they had not been thus transferred. ments. Rank and promotion. 18 June 184626 9 Stat. 18. 136. That the president of the United States be, and he hereby is, authorized to appoint as many additional assistant adjutants-general, not exceeding four, as the service may Aditional offi- require; who shall be appointed, by and with the advice and consent of the senate, in the same manner, have the same brevet rank, pay and emoluments, and be charged with the same duties as those now authorized by law: Provided, That these additional appointments shall continue only so long as the exigencies of the service may render necessary. cers. Rank and emoluments. 3 March 18478 2. 9 Stat. 184. Further addi tion to the staff. 16 May 1812 5. 2 Stat. 735. 18 June 1846 28. 9 Stat. 18. Aids-de-camp 137. There shall be added to the adjutant-general's department one assistant adjutantgeneral, with the rank, pay and emoluments of a lieutenant-colonel of cavalry, and two assistant adjutants-general, with the brevet rank, pay and emoluments of a captain of cavalry, to be appointed by the president, by and with the advice and consent of the senate, in the same manner, and be charged with the same duties, as those authorized by existing laws. (a) 138. The general commanding the army of the United States shall be allowed a secretary, to be taken from the line of the army, who shall receive twenty-four dollars per month in addition to his pay in the line, and shall be allowed forage for two horses. 139. The aids-de-camp of the major-general commanding the army in time of war may be taken from the line, without regard to rank; (b) and the aids-de-camp allowed to other major-generals and brigadier-generals may be taken from the grade of captain or without regard subaltern; and that the commanding or highest general in rank may, while in the field, appoint a military secretary from the subalterns of the army, who shall have the pay and emoluments of a major of cavalry for the time being. from the line, to rank. Military secretaries. Ibid. 27. Promotions in department. 140. Promotion, in the quartermaster's department, to the rank of major, shall hereafter be made from the captains of the army; and that appointments in the line, and in quartermaster's the general staff, which confer equal rank in the army, shall not be held by the same officer at the same time; and when any officer of the staff who may have been taken from the line shall, in virtue of seniority, have obtained or be entitled to promotion to a grade in his regiment equal to the commission he may hold in the staff, the said officer shall vacate such staff commission, or he may, at his option, vacate his commission in the line. Officers not to holi appointments conferring the same rank, in the staff, and in the line. 14 April 1818 ? 2. 3 Stat. 426. 28 June 1832 2 1. 4 Stat. 550. 30 June 1834 1. 4 Stat. 714. Surgeons and assistants to be examined. Surgeons to serve five years as assistants. Ibid. 2. XI. MEDICAL DEPARTMENT. 141. There shall be one surgeon-general, with a salary of two thousand five hundred dollars per annum.(c) 142. That the president be, and he is hereby, authorized, by and with the advice and consent of the senate, to appoint four additional surgeons, and ten additional surgeons' mates in the army of the United States. 143. No person shall receive the appointment of assistant surgeon in the army of the United States, unless he shall have been examined and approved by an army medical board, to consist of not less than three surgeons or assistant surgeons, who shall be designated for that purpose by the secretary of war; and no person shall receive the appointment of surgeon in the army of the United States, unless he shall have served at least five years as an assistant surgeon, and unless, also, he shall have been examined by an army medical board constituted as aforesaid. 144. The surgeons in the army of the United States shall be entitled to receive the Pay and emolu- pay and emoluments of a major; and the assistant surgeons, who shall have served five years, shall be entited to receive the pay and emoluments of a captain; and those who shall have served less than five years, the pay and emoluments of a first lieutenant; and ments. (a) These additional officers were directed, by 22, to be dis charged at the end of the existing war with Mexico. 9 Stat. 186. But they were restored by act 19 July 1848, 4. 9 Stat. 248. And see act 2 March 1849, (infra, 283), repealing so much of the proviso to the act of 1848 as relates to officers of the adjutant-general's department. 9 Stat. 351. See also 7 Opin. 108, as to the operation of these acts. (b) By act 26 September 1850, 32, the senior aid-de-camp of the major-general commanding the army, may be taken from the captains or majors of the army, and shall be allowed the pay and emoluments of a major of cavalry. 9 Stat. 469. (c) See act 2 March 1821, 2 10, supra, 10, organizing the medical department. |