light dragoons shall receive the monthly pay of thirty dollars, company in the arand of other corps, twenty-three dollars, and be allowed the my, etc. same forage, rations, and other emoluments, as second lieuten ants of the same corps to which they belong. geant allowed to pany SEC. 3. And be it further enacted, That there be allowed to An additional sereach troop or company in the army of the United States, one each troop or comadditional sergeant, who shall receive the like pay, clothing, rations, and other emoluments, as sergeants of the present military establishment. etc. pay, etc. to be adbodied man enlisted SEC. 4. And be it further enacted, That, in order to complete $24 on account of the present military establishment to the full number authorized vanced to each able by law, with the greatest possible despatch, there shall be paid after the 1st Feb. to each effective, able bodied man, who shall be duly enlisted 1813, etc. into the service of the United States, after the first day of Feb"ruary next, to serve for the term of five years, or during the war, an advance, of twenty-four dollars, on account of his pay, in addition to the existing bounty, one half of such advance to be paid at the enlistment of the recruit, and the other half when he "shall be mustered, and have joined some military corps of the United States, for service; and a bounty of one hundred and Bounty of 160 acres sixty acres of land, as heretofore established by law.* of land, etc. cruiting, entitled to man enlisted, etc. musicians or sol SEC. 5. And be it further enacted, That the commissioned Commissioned offofficers who shall be employed in the recruiting service, shall cers employed in rebe entitled to receive for every effective able bodied man, who receive $4 for each tshall be duly enlisted after the first day of February next, by them, for the term of five years or during the war, and mustered, and between the ages of eighteen and forty-five years, the sum of four dollars: Provided, nevertheless, That this regula- Proviso; the reguletion respecting age, tion, so far as respects the age of the recruit, shall not extend to not to extend to musicians, or to those soldiers who may re-enlist into the ser- diers who re-enlist. vice: And provided also, That no person under the age of Proviso; persons twenty-one years shall be enlisted by any officer, or held in the not to be enlisted service of the United States, without the consent, in writing, of consent of parents, his parent, guardian, or master, first had and obtained, if any he have; and if any officer shall enlist any person contrary to the true intent and meaning of this act, for every such offence Officers enlisting he shall forfeit and pay the amount of the bounty and clothing this act, to forfeit which the person so recruited may have received from the pub- ofbounty and clothlic, to be deducted out of the pay and emoluments of such of- ing, etc. ficer. under the age of 21, without the written etc. persons contrary to and pay the amount a tour of militia ed, and be thereby serving the remain SEC. 6. And be it further enacted, That it shall be lawful Persons performing for any person, during the time he may be performing a tour of duty may be enlistmilitia duty, to enlist in the regular army of the United States, exonerated from and the recruiting officers are hereby authorized to enlist any der of the tour, etc. such person, in the same manner, and under the same regulations, as if he were not performing such militia duty; and every person who shall enlist, while performing a tour of militia duty * So much of this section as relates to an advance of pay to recruits, is specially repealed by chapter 90, section 1. as aforesaid, shall be thereby exonerated from serving the remainder of said tour; and the state to which he may belong shall not be required to furnish any other person to serve in his stead. [Approved, January 20, 1813.] Not exceeding 20 regiments of infan one year, etc. CHAPTER 81. An act in addition to the act, entitled "An act to raise an additional military force," and for other purposes.* SEC. 1. Be it enacted by the Senate and House of Representry to be enlisted for tatives of the United States of America, in Congress assembled, That, in addition to the present military establishment of the United States, there be raised such number of regiments of infantry, not exceeding twenty, as, in the opinion of the President, may be necessary for the public service, to be enlisted for the term of one year, unless sooner discharged. Organization of each regiment. Organization of each company. The President may ring the recess, to SEC. 2. And be it further enacted, That each of the said regiments shall consist of one colonel, one lieutenant-colonel, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, one sergeant-major, one quartermaster-sergeant, two principal musicians, and ten com panies. SEC. 3. And be it further enacted, That each company shall consist of one captain, one first lieutenant, one second lieutenant, one third lieutenant, one ensign, five sergeants, six corporals, two musicians, and ninety privates. SEC. 4. And be it further enacted, That it shall be lawful appoint officers du- for the President of the United States, in the recess of the be submitted, etc. Senate, to appoint such of the officers authorized by this act, as may not be appointed during the present session; which appointments shall be submitted to the Senate at their next session, for their advice and consent. Officers and sol cept, etc. SEC. 5. And be it further enacted, That all the officers, nondhere to receive the commissioned officers, musicians, and privates, authorized by the officers, etc. of this act, shall receive the like pay, forage, rations, clothing, and the present military establishment; ex- other emoluments, (the land and bounty excepted,) as the of ficers of the same grade and corps, non-commissioned officers, musicians, and privates, of the present military establishment. SEC. 6. And be it further enacted, That the officers, nonerned by the rules commissioned officers, musicians, and privates, of the regiments and articles of war. hereby authorized to be raised, shall be governed by the rules and articles of war, which have been established by the United States in Congress assembled, or by such rules and articles as may be hereafter by law established. The officers and soldiers, to be gov * Superseded by the provisions of the act of 3d March, 1815, fixing the peace establishment-See chapter 100. to receive $2 for lation respecting to musicians, etc. cruit, not to extend SEC. 7. And be it further enacted, That the commissioned Commission officers officers, who shall be employed in recruiting the force author- every person enized by this act, shall be entitled to receive, for every person listed, etc. enlisted by them into this service, for the term specified, and approved by the commanding officer of the regiment, and between the ages of eighteen and forty-five years, the sum of two dollars: Provided, nevertheless, That this regulation, so far as respects Proviso; the reguthe age of the recruit, shall not extend to musicians, or to those the age of the resoldiers, who may re-enlist into the service: And provided also, That no person under the age of twenty-one years shall be enlisted by any officer, or held in the service of the United States, without the consent, in writing, of his parent, guardian, or master, first had and obtained, if any he have; and if any officer shall enlist any person contrary to the true intent and mean- this act, forfeits the ing of this act, for every such offence he shall forfeit and pay the amount of the bounty and clothing, which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer. No person under 21 to be enlisted, without consent of parents, etc. Any officer enlisting persons contrary to amount of bounty and clothing, etc. of $8 SEC. 8. And be it further enacted, That there shall be al- $16 bounty to cach lowed and paid to each man recruited as aforesaid, a bounty of org to be deferred. sixteen dollars; but the payment of eight dollars of the said &c. bounty shall be deferred until he shall be mustered, and have joined some military corps of the United States. never to exceed 2 SEC. 9. And be it further enacted, That the said regiments Arrears of pay shall be paid in such manner, that the arrears shall, at no time, months, unless, &c. exceed two months, unless the circumstances of the case shall render it unavoidable. and soldiers to be pensation for commissioned offi pay, &c. ceive more than pay of lieut. col. SEC. 10. And be it further enacted, That if any officer, non- Disabled officers commissioned officer, musician, or private, shall be disabled, by placed on the list of wounds or otherwise, while in the line of his duty in public invalids, &c. service, he shall be placed on the list of invalids of the United States, at such rate of pension and under such regulations as are or may be directed by law: Provided always, That the Proviso; the comcompensation to be allowed for such wounds or disabilities, to wounds, &c. to a a commissioned officer, shall not exceed, for the highest rate of cer, not to exceed disability, half the monthly pay of such officer, at the time of half his monthly his being disabled or wounded; and that no officer shall receive No officer to remore than the half pay of a lieutenant-colonel; and that the half the monthly rate of compensation to non-commissioned officers, musicians, and privates, shall not exceed five dollars per month: And pro- Proviso; inferior vided also, That all inferior disabilities shall entitle the person lowed in so disabled to receive an allowance proportionate to the highest disability. SEC. 11. And be it further enacted, That if any commis- Widows or chilsioned officer shall, while in the service of the United States, sioned officers dying die, by reason of any wound received in actual service of the ceived in actual serUnited States, and leave a widow, or, if no widow, a child or vice, entitled to half the monthly children, under sixteen years of age, such widow, or, if no pay for five years. widow, such child or children, shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years: but, in disabilities to be al tion. propor dren of commis from wounds re dies or marries, be In case the widow case of the death or intermarriage of such widow, before the fore, &c. the half expiration of the said term of five years, the half pay for the remainder of the time shall go to the child or children of such deceased officer: Provided always, That such half pay shall cease on the decease of such child or children. pay to go to the children, &c. Non-commissioned or privates, desert make good the time SEC. 12. And be it further enacted, That if any non-comofficers, musicians; missioned officer, musician, or private, shall desert the service ing the service, to of the United States, he shall, in addition to the penalties menof enlistment, &c. tioned in the rules and articles of war, be liable to serve for and during such a period as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court-martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried. Officers, soldiers, &c. SEC. 13. And be it further enacted, That every officer, nonbee: to take an oath, commissioned officer, musician, and private, shall take and subscribe the following oath or affirmation, to wit: "I, A B, do Form of the oath. solemnly swear, or affirm, (as the case may be) that I will bear true faith and allegiance to the United States of America; and that I will serve them honestly and faithfully against their enemies or opposers whomsoever; and that I will observe and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and articles of war." Extra expenses incurred by commissioned officers in travelling and sit allowed, &c. SEC. 14. And be it further enacted, That where any commissioned officer shall be obliged to incur any extra expense, in ting on general travelling and sitting on general courts-martial, he shall be alcourts martial to be lowed a reasonable compensation for such extra expense actually incurred, not exceeding one dollar and twenty-five cents per day to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage. Officers and soldiers SEC. 15. And be it further enacted, That whenever any service to be allow- Officer or soldier shall be discharged from the service, except to travel to their by way of punishment for an offence, he shall be allowed his places of residence, pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day. discharged from ed pay and rations A chaplain to be appointed to each brigade, &c. No field or staff of ficer, &c. entitled to receive pay or emolument, till service, &c. called into actual Arts concerning corps, SEC. 16. And be it further enacted, That there shall be appointed to each brigade one chaplain, who shall be entitled to the same pay and emoluments as a major in the infantry. SEC. 17. And be it further enacted, That no field or staff officer, who may be appointed by virtue of this act, shall be entitled to receive any pay or emoluments until he shall be called into actual service, nor for any longer time than he shall continue therein. SEC. 18. And be it further enacted, That the act entitled Core, repealed. "An act authorizing the President of the United States to accept and organize certain volunteer military corps," and the act, entitled "An act supplementary to the act, entitled "An herein to deprive act authorizing the President of the United States to accept and organize certain volunteer military corps," be, and the same are hereby repealed, from and after the first day of February next: Provided, That nothing herein contained shall be so Proviso; nothing construed as to deprive the officers and men who may have volunteer officers entered the service as volunteers, under the said acts, of any and men, &c., of rights, immunities, or privileges, therein secured, or the United States of the services of such volunteers, agreeably to the provisions of said acts. any rights, &c. [Approved, January 29, 1813.] CHAPTER 82. An act making provision for an additional number of general officers.* to be appointed in SEC. 1. Be it enacted by the Senate and House of Represen- Six major-generals tatives of the United States of America, in Congress assembled, addition, &c. That the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint six majorgenerals in addition to those already authorized by law; each Two aids-de-camp of whom shall be allowed two aids-de-camp, to be taken from the officers of the line; and six brigadier-generals, who shall six brigadier-genebe allowed a brigade-major, and one aid-de-camp each, to be rals; brigade "mataken also from the officers of the line. allowed to each. jors, &c. rized by this act, to SEC. 2. And be it further enacted, That the officers autho- The officers authorized by this act shall receive the same pay, forage, rations, and receive the same other emoluments, as the officers of the same grade of the pre- of the same grade sent military establishment. [Approved, February 24, 1813.] pay, &c., as those in the present military establishment. CHAPTER 83. An act the better to provide for the supplies of the army of the United States, and for the accountability of persons entrusted with the same.† SEC. 1. Be it enacted by the Senate and House of Represen- The 3d section of tatives of the United States of America, in Congress assembled, the act to provide That the third section of the act, entitled "An act to provide pairing arsenals, for the erecting and repairing of arsenals and magazines, and c., repealed * Superseded by the provisions of the act of 3d March, 1815, fixing the peace establishment, chapter 100. The 8th and 9th sections of this act were superseded by act of 3d March, 1815, chapter 100. The residue, with the exception of section 5, was repealed by act of 3d March, 1817, chapter 109. Section 5 confers general powers without limitation as to time, and does not appear liable to be repealed incidentally. for erecting and re |