Certain lands reserved for the Dubuque claim, declared to be public lands. Settlers, &c. may enter said lands. 1834, ch. 54. 1838, ch. 119. 1840, ch. 32. 1841, ch. 16. Preference to settlers under the earliest law. Proviso. Proviso. STATUTE II. . Aug. 23, 1842. [Obsolete.] for the army. county of Dubuque, in the Territory of Iowa, heretofore reserved for the Dubuque claim, so called, which have not been sold by the United States, by virtue of the acts of the fourth day of July, one thousand eight hundred and thirty-six, and the third day of March, one thousand eight hundred and thirty-seven, be, and the same are hereby, declared to be public lands, and that settlers on said land, who but for said reservation would have been enabled to enter the same under the pre-emption laws of nineteenth June, one thousand eight hundred and thirty-four, twenty-second June, one thousand eight hundred and thirty-eight, first June, one thousand eight hundred and forty, or fourth September, one thousand eight hundred and forty-one, be, and they are hereby, authorized to enter the same at one dollar and twenty-five cents per acre, at any time within one year after the date of this act, upon complying with the provisions of either of said acts under which such person may claim; the settlers under the earlier law being entitled to the preference over those under a subsequent one: Provided, That this section is not to be regarded as extending the right of pre-emption to lands reserved for lead mines, salt springs, school sections, or town lots: And provided further, That should the said claim of Dubuque hereafter prove valid, compensation to the claimants shall be made by the United States in other public lands equal in quantity, subject to private entry. APPROVED, August 16, 1842. CHAP. CLXXXIII.—An Act making appropriations for the support of the army, and of the military academy, for the year one thousand eight hundred and forty-two. Be it enacted by the Senate and House of Representatives of the Appropriations United States of America in Congress assembled, That the following sums be, and the same hereby are, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the support of the army for the year one thousand eight hundred and forty-two. Pay. Subsistence of officers. Forage of officers' horses. Clothing of officers' servants. Clothing not drawn by troops. Recruiting. Clothing, &c. Subsistence. Supplies by Quartermaster's departm't. Barracks, &c. No. 1. For the pay of the army, one million four hundred and seventyseven thousand seven hundred dollars. No. 2. For commutation of officers' subsistence, five hundred and twenty-seven thousand two hundred and sixty-four dollars. No. 3. For commutation of forage of officers' horses, one hundred and sixteen thousand nine hundred and seventy-one dollars. No. 4. For commutation of clothing of officers' servants, thirty thousand two hundred and forty dollars. For commutation of clothing not drawn in kind by the troops, fifty thousand two hundred and forty dollars. No. 5. For expenses of recruiting, fifteen thousand seven hundred and nine dollars and thirty-six cents. No. 6. For clothing of the army, camp and garrison equipage, cooking utensils, and hospital furniture, three hundred and seventy-four thousand eight hundred and seventy-six dollars and eighty cents. No. 7. For subsistence in kind, exclusive of that of officers, seven hundred and sixty-nine thousand six hundred and sixty-eight dollars. No. 8. For the regular supplies furnished by the Quartermaster's department, consisting of fuel, forage, straw, stationery, and printing, three hundred and sixteen thousand dollars. No. 9. For barracks, quarters, and storehouses, embracing the repairs and enlargement of barracks, quarters, storehouses, and hospitals; the erection of temporary cantonments and of gun-houses for the protection of cannon; the purchase of tools and materials and of furniture for the barrack rooms; rent of quarters for officers, of barracks for troops, where there are no public buildings for their accommodation, of storehouses for the safe-keeping of subsistence, clothing, and other military supplies, and of grounds for summer cantonments and encampments for military practice, one hundred and thirty-five thousand dollars. No. 10. For the incidental expenses of the Quartermaster's department, consisting of postage on public letters and packets, expenses of courts martial and courts of inquiry, including the additional compensation to judge advocates, members, and witnesses; extra pay to soldiers under the act of March second, eighteen hundred and nineteen; expenses of expresses and of the interment of non-commissioned officers and soldiers; hire of laborers, compensation of clerks in the offices of the quartermasters and assistant quartermasters, at posts where their duties cannot be performed without such aid, and of temporary agents in charge of dismantled works; and to such wagon and forage masters as it may be necessary to employ under the act of the fifth of July, eighteen hundred and thirty-eight; expenditures necessary to keep the regiments of dragoons and the four companies of light artillery complete, including the purchase of horses to supply the place of those which may be lost and become unfit for the service, and the erection of stables, one hundred and twenty-seven thousand dollars. No. 11. For transportation of officers' baggage, when travelling on duty without troops, sixty-five thousand dollars. Quartermas ter's departm t. 1838, ch. 162. Transportation of officers' baggage. No. 12. For transportation of troops and supplies, viz: transporta- Transportation tion of the army and baggage, freight and ferriages, purchase or hire of troops and of horses, mules, oxen, carts, wagons, and boats, for purposes of trans- supplies. portation or garrison use; drayage and cartage; hire of teamsters; transportation of funds for the pay department; expense of transport vessels, and of procuring water at such posts as from their situation require it; transportation of clothing from the depot at Philadelphia to the stations of the troops; of subsistence from the places of purchase and delivery, under contracts, to such points as the circumstances of the service may require; of ordnance, ordnance stores, and small arms, from the foundries and armories, to the arsenals, fortifications, and frontier posts, two hundred and forty-two thousand dollars. No. 13. For the contingencies of the army, nine thousand dollars. No. 14. For the medical and hospital department, twenty-eight thousand dollars. For extending and rendering more complete the meteorological observations conducted at the military posts of the United States, under the direction of the Surgeon General, three thousand dollars. No. 15. For the current expenses of the ordnance service, one hundred thousand dollars. No. 16. For the armament of fortifications, including compensation of a special agent to attend at the foundries employed in making cannon, one hundred and fifty thousand dollars. No. 17. For ordnance and ordnance stores and supplies, one hundred thousand dollars. Contingencies. Medical and hospital depart ment. Meteorological observations. Ordnance ser vice. Fortifications. dries. Ordnance and stores. Manufacture and purchase of arms. No. 18. For the manufacture of arms at the national armories, three hundred and sixty thousand dollars; of which sum, ten thousand dollars may, at the discretion of the Secretary of War, be applied to the purchase of arms. No. 19. For repairs and improvements and new machinery at Spring Springfield arfield armory, twenty thousand dollars. No. 20. For repairs and improvements and new machinery at Har per's Ferry armory, thirty thousand dollars. mory. Harper's Ferry armory. Arsenals. No. 21. For arsenals, one hundred and twenty thousand dollars. lars. brimstone. For expense of preparing drawings of a uniform system of artillery, Drawings. one thousand three hundred and fifty dollars. No. 23. For preventing and suppressing hostilities in Florida, to be Preventing expended under the direction of the Secretary of War, viz: for forage and suppressing for the horses of the mounted volunteers and militia, and for the horses, hostilities in Florida. Proviso. Military surveys. Arrearages and preservation of public property. Relative to extra allowances. Appropriations for the military academy. Subsistence. Forage of officers' horses. Clothing of officers' servants. Board of Visit ers. Current and ordinary expenses. Library. Improvements on western rivers; repairs of public works. mules, and oxen, in the service of the trains; for freight or transportation of military supplies of every description, from the places of purchase to Florida; for the purchase of wagons, harness, boats, and lighters, and other vessels; of horses, mules, and oxen, to keep up the trains; tools, leather, and other materials for repairs; transportation within Florida, including the hire of steamboats and other vessels, for service in the rivers and on the coast, and the expenses of maintaining the several steamboats and transport schooners connected with the operations of the army; hire of mechanics, laborers, mule drivers, teamsters, and other assistants, including their subsistence; and for miscel laneous and contingent charges, including arrearages, five hundred thousand dollars: Provided, That no more than one hundred and fortysix thousand two hundred and ninety-six dollars and seventy-three cents shall be applied to the payment of arrearages; and no such arrearages shall be paid, unless they are for services rendered or supplies furnished in pursuance of law. For military surveys for the defence of the frontier, inland and Atlantic, fifteen thousand dollars. For arrearages and for the preservation of the public property at the several places of harbor and river improvement, fifteen thousand dollars. SEC. 2. And be it further enacted, That no officer in any branch of the public service, or any other person whose salary, pay, or emoluments, is or are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatsoever, unless the same shall be authorized by law, and the appropriation therefor explicitly set forth that it is for such additional pay, extra allowance, or compensation. SEC. 3. And be it further enacted, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the support of the military academy for the year one thousand eight hundred and forty-two, viz: No. 1. For pay of officers, instructors, cadets, and musicians, sixty thousand five hundred and twenty-four dollars. No. 2. For commutation of subsistence of officers and cadets, forty thousand and seventy-seven dollars. No. 3. For commutation of forage of officers' horses, five thousand one hundred and eighty-four dollars. No. 4. For commutation of clothing of officers' servants, four hundred and twenty dollars. No. 5. For defraying expenses of the board of visiters, and for the other various current and ordinary expenses of the academy, other than pay and subsistence, twenty-six thousand four hundred and thirtysix dollars. No. 6. For increase and expense of library, one thousand dollars. For building and repairing the necessary boats, and for carrying on the improvements on the Missouri, Mississippi, Ohio, and Arkansas rivers, one hundred thousand dollars, under the direction of the Secretary of War; and, for the preservation and repairs of public works heretofore constructed for the improvement of harbors, thirty thousand dollars. APPROVED, August 23, 1842. STATUTE II. CHAP. LXXXIV.—An Act to establish an auxiliary watch for the protection of Aug. 23, 1842. public and private property in the city of Washington. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be established an auxiliary guard or watch for the protection of public and private property against incendiaries, and for the enforcement of the police regulations of the city of Washington, consisting of a captain, to be appointed by the Mayor of the said city, at an annual salary of one thousand dollars; and fifteen other persons, to be employed by the captain, five of whom shall receive a compensation of thirty-five dollars per month, and the remaining ten, a compensation of thirty dollars per month. Guard to be established. To consist of a captain and fif their pay. teen others Place of ren dezvous. Rules to be SEC. 2. And be it further enacted, That the said auxiliary guard shall occupy, as a rendezvous, such building or part of a building belonging to the United States, or furnished by the corporation of Washington, as shall be directed by the President of the United States, and shall be subject to such rules and regulations as may be prescribed by a board to consist of the mayor of the city of Washington, the attorney of the prescribed, how. United States for the District of Columbia, and the attorney of the corporation of the said city of Washington, with the approbation of the President of the United States. SEC. 3. And be it further enacted, That, for the compensation of said Appropriation. auxiliary guard, and for the purchase of the necessary and proper implements to distinguish them in the discharge of their duties, the sum of seven thousand dollars is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated. APPROVED, August 23, 1842. CHAP. CLXXXV. — An Act to amend an act, entitled "An act to provide for the payment of horses, or other property, lost or destroyed in the military service of the United States," approved the eighteenth day of January, eighteen hundred and thirty-seven. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the above recited act be so amended, as to embrace the claims of any field, or staff, or other officer, mounted militiaman, volunteer, ranger, or cavalry, who has or shall sustain damage, without any fault or negligence on his part, while in the military service of the United States, by the loss of a horse, destroyed or abandoned by order of the commanding general or other commanding officer, or by the loss of a horse by his being shot, or otherwise lost or destroyed by unavoidable accident, without any fault or negligence of the owner, and when he was in the line of his duty, and for the loss of necessary equipage, in consequence of the loss of his horse, as aforesaid, shall be allowed and paid the value thereof at the time of entering the service. STATUTE II. Aug. 23, 1842. Act of 18th Jan. 1837, ch. 5, so amended as to embrace for the loss of horses, &c. certain claims be taken, when. SEC. 2. And be it further enacted, That in auditing and settling the An appeal may claims provided for in this, and in the act which this is intended to amend, an appeal may be taken and prosecuted from the decision of the Auditor rejecting the claim, to the Second Comptroller of the Treasury, under the direction of the Secretary, whose decision shall be conclusive. SEC. 3. And be it further enacted, That it shall and may be lawful to make compensation for horses, bridles, saddles, and equipments, turned over to the service of the United States, under the act approved October fourteenth, eighteen hundred and thirty-seven, whenever it shall be made to appear that the person to whom they were ordered to be delivered was acting as an officer, although there may be no returns in the De Payment for horses, &c. under act of 14th October 1837, ch.5. Evidence receivable. STATUTE II. partment to show his regular appointment as such officer. And the certificates of proper officers, whether given during or since the expiration of their term of service, shall be receivable by the Auditor in the settlement of such claims. APPROVED, August 23, 1842. Aug. 23, 1842. CHAP. CLXXXVI. —An Act respecting the organization of the army, and for other purposes. (a) Act of March 30, 1814, ch. Dragoons to be reduced. Repealed by act of April 4, 1844, ch. 11. 2d regm't dra goons converted into riflemen. Artillery to be reduced. Infantry to be reduced. No enlistments to be made till after the reduc tion. Proviso. Offices of superintendents of arinories at Be it enacted by the Senate and House of Representatives of the 37, vol. 3, 113. United States of America in Congress assembled, That hereafter, and so soon as the reduction can be effected as herein provided, each company of dragoons shall consist of the commissioned officers as now provided by law, and of four sergeants, four corporals, two buglers, one farrier and blacksmith, and fifty privates; and the second regiment of dragoons now in service shall be converted, after the fourth day of March next, into a regiment of riflemen; and each company of artillery shall consist of the commissioned officers as now provided by law, and of four sergeants, four corporals, two artificers, two musicians, and forty-two privates; and each company of infantry shall consist of the same number of commissioned officers as now provided, and of four sergeants, four corporals, two musicians, and forty-two privates; and that no recruits shall be enlisted for the dragoons, artillery, or infantry, until the numbers in the several companies shall be reduced by the expiration of the term of service, by discharge, or other causes, below the number herein fixed for the said companies respectively: Provided, That nothing in this section shall be construed to prevent the re-enlistment of non-commissioned officers whose terms of service may expire before the army shall be reduced to the number heretofore established. SEC. 2. And be it further enacted, That the offices of the superintendents of the armories at Springfield and at Harper's Ferry shall be, and the same are hereby abolished, and the duties thereof shall be performed by such officers of the ordnance corps as shall be designated by the President; and that from and after the first day of October next, the master armorers, at the national armories, shall receive, each, twelve hundred dollars, annually, payable quarter yearly; and the inspectors and clerks, each, eight hundred dollars per annum; and the paymasters and military storekeepers, at the armories, and at the arsenals of construction at Pittsburg, Watervliet, and Washington city, shall receive, each, twelve hundred and fifty dollars annually, payable in like manner, and the said paymasters and military storekeepers, shall give security for the faithful discharge of their duties, in such sum as the Secretary of War shall prescribe. And the two military storekeepers, authorized by the act of second of March, one thousand eight hundred and twenty-one, shall receive, each, twelve hundred and fifty dollars per annum. And no military storekeeper, at arsenals, shall, after the first day of October next, receive, as pay, or emoluments, beyond eight hundred dollars per annum, besides quarters actually provided and occupied as such, and the number authorized to be thus employed is hereby limited to ten; and all other offices of military storekeepers are hereby abolished, and discontinued, on and after said first day of October, and the officers hereby dismissed, shall be allowed three months' pay in addition to the pay and emoluments to which they may be entitled on that day. And none of the above-named officers, and no officers at the armories, of any grade whatever, shall hereafter receive emoluments of any kind, or any compensation or commutation beyond their stipulated Springfield and Harper's Ferry abolished. Relative to master armor ers, inspectors, clerks, &c. 1821, ch. 13. (a) Notes of the acts relating to the army of the United States, from 1789 to 1804, vol. 2, 249. Notes of the acts establishing rules, &c. for the government of the army of the United States, vol. 2, 359. |