CHAPTER 69.-Approved, May 14, 1800.-Vol. 2, p. 85.

An Act supplementary to the Act to suspend part of an Act, entitled “ An Act to augment the army of the United States, and for other purposes.”

1

That it shall be lawful for the President of the United States to suspend any further military appointments under the act to augment the army of the United States, and for other purposes, and under the ninth section of the act for the better organization of the troops of the United States, and for other purposes, according to his discretion, having reference to economy and the good of the service.

SEC. 2. That the President of the United States shall be, and hereby is, authorized and empowered to discharge, on or before the 15th day of June next, all such officers, non-commissioned officers, and privates, as have heretofore been appointed, commissioned, or raised, under and by virtue of the said acts, or either of them, except the engineers, inspector of artillery, and inspector of fortifications: Provided always, That nothing in this act contained shall be construed to authorize any reduction of the first four regiments of infantry, the two regiments of artillerists and engineers, the two troops of light dragoons, or of the general and other staff, authorized by the several laws for the establishing and organizing of the aforesaid corps.3

SEC. 3. That to each officer, non-commissioned officer, and private, who shall be discharged from service by virtue of this act, there shall be allowed and paid, in addition to the pay and allowances to which they are now entitled by law, a sum of money equal to three months' pay of such officer, non-commissioned officer, and private, respectively.

CHAPTER 9.-Approved, March 16, 1802.-Vol. 2, p. 132.

An Act fixing the Military Peace Establishment of the United States.4

4. Monthly pay. Stationery, adjutant and inspector. Paymaster. Aids of brigadier. Pay of officers and men. 5. Rations to be furnished in proportion to rank. The President to allow additional rations. Rations to women. Matrons and nurses of hospitals. 7. Money in lieu of forage. 16. Paymasters to act by directions of the President. To give bond. Oath of office. To appoint paymasters, and authorized to require bonds. 26. Corps of engineers organized. Of whom.

1 See 16 July, 1798, chap. 76.

23 March, 1799, chap. 48, and 11 July, 1798, chap. 72.

3 This proviso superseded by the act of 16 March, 1802, chap. 9.

The provisions of this act in regard to pay, subsistence, clothing, allowances for wounds and disabilities, and benefits and allowances generally, are adopted by act of 3 March, 1815. The residue may be considered as repealed and supplied by that act, and those therein referred to.-See act 3 March, 1815, sections 4 and 7; see also acts additional to this act, 28 February, 1803, 26 March, 1804, 12 April, 1808, 24 December, 1811, 23 August, 1842.

Cadets, and pay of. Promotions. 27. The corps of engineers to be stationed at West Point, and to be a military academy, but to do duty when required. 28. The principal engineer to superintend the academy. The secretary of war to procure books, &c. 29. Repeal of laws.

That the military1 peace establishment of the United States, from and after the 1st of June next, shall be composed of one regiment of artillerists, and two regiments of infantry, with such officers, military agents, and engineers, as are hereinafter mentioned.

SEC. 2.2 That the regiment of artillerists shall consist of one colonel, one lieutenant-colonel, four majors, one adjutant, and twenty companies, each company to consist of one captain, one first lieutenant, one second lieutenant, two cadets, four sergeants, four corporals, four musicians, eight artificers, and fifty-six privates; to be formed into five battalions: Provided always, That it shall be lawful for the President of the United States to retain, with their present grade, as many of the first lieutenants, now in service, as shall amount to the whole number of lieutenants required; but that, in proportion as vacancies happen therein, new appointments be made to the grade of second lieutenants, until their number amount to twenty; and each regiment of infantry shall consist of one colonel, one lieutenantcolonel, one major, one adjutant, one sergeant-major, two teachers of music, and ten companies; each company to consist of one captain, one first and one second lieutenant, one ensign, four sergeants, four corporals, four musicians, and sixty-four privates.

SEC. 3. That there shall be one brigadier-general, with one aid-de-camp,* who shall be taken from the captains or subalterns of the line; one adjutant and inspector of the army, to be taken from the line of field officers; one paymaster of the army, seven paymasters, and two assistants, to be attached to such districts as the President of the United States shall direct, to be taken from the line of commissioned officers, who, in addition to their other duties, shall have charge of the clothing of the troops; three military agents, and such number of assistant military agents, as the President of the United States shall deem expedient, not exceeding one to each military post; which assistants shall be taken from the line; two surgeons, twentyfive surgeon's mates, to be attached to the garrisons or posts, and not to corps.

SEC. 4. That the monthly pay of the officers, non-commissioned officers, musicians, and privates, be as follows, to wit: to the brigadier-general, two hundred and twenty-five dollars, which shall

1 See, for reorganization of the military establishment, the 3 March, 1815, chap. 79, and the 2 March, 1821, chap. 13.

2 The artillery corps was reorganized, by the 3 March, 1814, chap. 37, secs. 1 and 2, and the 2 March, 1815, chap. 13.

3 The infantry were reorganized by the 2 March, 1815, chap. 13, as respects the men, and again by the 23 August, 1842, chap. 186, sec. 1, which supplies the 5 July, 1838, chap. 142, sec. 1.

4 There were four brigadiers by the 3 March, 1815, chap. 79, sec. 3, and two by the 2 March, 1821, chap. 13, and two additional added by the 18 June, 1846, chap. 29, sec. 1, and were to be reduced to two, on vacancies, by 19 July, 1848, chap. 104, sec. 1. See acts of July, 1861, for increase.

5 Military agents were abolished by the 28 March, 1821, chap. 46, sec. 18, post. 6 See, for surgeons, the 2 March, 1821, chap. 13, sec. 10, and note.

be his full and entire compensation,' without a right to demand or receive any rations, forage, travelling expenses, or other perquisite or emolument whatsoever, except such stationery as may be requisite for the use of his department; to the adjutant and2 inspector of the army, thirty-eight dollars in addition to his pay in the line, and such stationery as shall be requisite for his department; to the paymaster of the army, one hundred and twenty dollars, without any other emolument, except such stationery as may be requisite in his department and the use of the public office now occupied by him; to the aid-de-camp, in addition to his pay in the line, thirty dollars; each paymaster attached to districts, thirty dollars, and each assistant to such paymaster, ten dollars, in addition to his pay in the line; to each military agent, seventy-six dollars and no other emolument; to each assistant military agent, eight dollars, in addition to his pay in the line, except the assistant military agents at Pittsburg and Niagara, who shall receive sixteen dollars each, in addition to their pay in the line; to each colonel, seventy-five dollars; to each lieutenant-colonel, sixty dollars; to each major, fifty dollars; to each surgeon, fortyfive dollars; to each surgeon's mate, thirty dollars; to each adjutant, ten dollars, in addition to his pay in the line; to each captain, forty dollars; to each first lieutenant, thirty dollars; to each second lieutenant, twenty-five dollars; to each ensign, twenty dollars; to each cadet, ten dollars; to each sergeantmajor, nine dollars; to each sergeant, eight dollars; to each corporal, seven dollars; to each teacher of music, eight dollars; to each musician, six dollars; to each artificer, ten dollars; and to each private, five dollars.

1 The brigadier's pay, $104, by the 12 April, 1808, chap. 43, sec. 4, and confirmed by the 3 March, 1815, chap. 79, sec. 4, and re-enacted by the 8 January, 1812, chap. 14, sec. 6.

2 For adjutants and inspectors general, see the 2 March, 1821, chap. 13, sec. 6, and notes, by which they are to have the rank and emoluments of colonels of cavalry.

3 Paymasters had forage and rations of a major, by the 2 April, 1800; see for the paymaster-general's salary, the 24 April, 1816, chap. 69, sec. 3. Paymasters, as to pay and emoluments, are put on the footing of majors of infantry, by the 25 April, 1816, chap. 69, sec. 3.

4 For the pay of the officers of the dragoons, see the 12 April, 1808, chap. 43,

sec. 4.

5 The parts in italics as to the pay of non-commissioned officers and men, is supplied by the 5 July, 1838, chap. 162, sec. 16, and 7 July, 1838, chap. 194, and see chap. 55, 21 Feb., 1857, for increase of officers pay.

6 Seven dollars to each private, by the 7 July, 1838, chap. 194; thirteen dollars to each enlisted man, by sec. 1, chap. 63, 6 Aug. 1861.

SEC. 5. That the commissioned officers aforesaid, shall be entitled to receive, for their daily subsistence, the following number of rations of provisions: a colonel, six rations; a lieutenant-colonel, five rations; a major, four rations; a captain, three' rations; a lieutenant, two rations; an ensign, two rations; a surgeon, three rations; a surgeon's mate, two rations; a cadet, two rations or money in lieu thereof, at the option of the said officers and cadets at the posts, respectively, where the rations shall become due; and if at such post supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts, and the position of the place in question; and each non-commissioned3 officer, musician, and private, one ration; to the commanding officer of each separate post, such additional number of rations as the President of the United States shall, from time to time, direct, having respect to the special circumstances of each post; to the women who may be allowed to any particular corps, not exceeding the proportion of four to a company, one ration each; to such matrons and nurses as may be necessarily employed in the hospital, one ration each; and to every commissioned officer who shall keep one servant, not a soldier of the line, one additional ration.

SEC. 6. That each ration shall consist of one pound and a quarter of beef, or three-quarters of a pound of pork, eighteen ounces of bread or flour, one gill of rum, whiskey, or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of candles, to every hundred rations."

SEC. 7. That the following officers shall, whenever forage is not furnished by the public, receives at the rate of the following sums per month, in lieu

1 And forage for one horse, by the 6 July, 1812, chap. 133.

2 The ration is estimated at 20 cents (and 30 cents by act 1857) by the 12 April, 1808, ch. 43, sec. 6, and the 11 Jan. 1812, chap. 14, sec. 23. This section (5) of ra

tions is not supplied by the 4th section of 12 April, 1808, chap. 43.

3 See, for these separate commands, the 23 August, 1842, chap. 186, sec. 6.

4 When out of reach of the commander-in-chief, or superior officer in command in the neighborhood. 1 Peters, 293-296, and see 3 How. 566. See sec. 19, chap. 42, 3 Aug. 1861.

5 See now as to servants the 30 March, 1814, chap. 37, sec. 9 and 10, and n.

6 The ration is repeated by the 8 Jan. 1812, chap. 14, sec. 8, and see substitution for rum, whiskey, or brandy, in sec. 2, chap. 39, 26 March, 1804. See notes to that act.

7 This section supplies the 30 May, 1796, chap. 39, sec. 14, ante; see further as to forage, the 12 April, 1808, chap. 43, sec. 4; the 6 July, 1812, chap. 133; the 28 March, 1812, chap. 46; the 24 April, 1816, chap. 69, sec. 12; the 3 March, 1845, chap. 65; and the 11 February, 1847, chap. 8, sec. 4.

8 They are entitled to eight dollars for each horse; allowed to all officers, by the 24 April, 1816, chap. 69, sec. 12.

thereof: each colonel, $12; each lieutenant-colonel, $11; each major, $10; each adjutant, $6; each surgeon, $10; and each surgeon's mate, $6.

SEC. 8. [That every non-commissioned officer, musician, and private of the artillery and infantry, shall receive annually the following articles of uniform clothing, to wit: one hat, one coat, one vest, two pair of woollen and two pair of linen overalls, offe coarse linen frock and trowsers for fatigue clothing, four pair of shoes, four shirts, two pair of socks, two pair of short stockings, one blanket, one stock and clasp, and one pair of half gaiters: and the secretary of war is hereby authorized to cause to be furnished to the paymasters of the respective districts, such surplus of clothing as he may deem expedient, which clothing shall, under his direction, be furnished to the soldiers, when necessary, at the contract prices, and accounted for by them out of their arrears of monthly pay.]

SEC. 9. That the President of the United States cause to be arranged the officers, non-commissioned officers, musicians, and privates of the several corps of troops now in the service of the United States, in such manner as to form and complete, out of the same, the corps aforesaid; and cause the supernumerary officers, non-commissioned officers, musicians, and privates, to be discharged from the service of the United States, from and after the 1st day of April next, or as soon thereafter as circumstances may permit. SEC. 10. That the officers, non-commissioned officers, musicians, and privates, of the said corps, 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: Provided, nevertheless, That the sentence of general courts-martial, extending to the loss of life, the dismission of a commissioned officer, or which shall respect the general officer, shall, with the whole of the proceedings of such cases, respectively, be laid before the President of the United States, who is hereby authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper.

SEC. 11. That the commissioned officers who shall be employed in the recruiting service, to keep up, by voluntary enlistments, the corps as aforesaid, shall be entitled to receive, for every effective, able-bodied citizen of the United States, who shall be duly enlisted by him, for the term of five years, and mustered, of at least five feet six inches high, and between the ages of eighteen and thirty-five years, the sum of $2: Provided, nevertheless, That this regulation, so far as respects the height and age of the recruit, shall not extend to musicians, or to those soldiers 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 of his parent, or 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 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.

1 The President is to prescribe the clothing by the 24 April, 1816, chap. 69, sec. 7; an i see the 11 January, 1812, chap. 14, sec. 9, supplying this section.

2 This requisition of the approbation of the President is re-enacted by the 10 April, 1806, of the articles of war, art. 65.

3 The recruiting fee is abolished by the 2 March, 1833, chap. 68, sec. 5; and the clause as to height repealed by the 5 July, 1838, chap. 162, sec. 30.

4 A similar clause in the act of the 20 January, 1813, was repealed by the 10 Dec. 1814, chap. 10, sec. 3; and see 11 Jan. 1812, chap. 14, sec. 11; and 13 Feb. 1862, sec. 2 chap. 13.