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and emoluments, according to their grades, respectively, and one paymaster, to be taken from the subalterns of engineers,' with the pay and emoluments of a regimental paymaster; and that there be attached to the 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, 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, 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, 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.

SEC. 2. That the military academy shall consist of the corps of engineers, and the following professors, in addition to the teachers of the French language and drawing already provided," viz. one professor of natural and experimental philosophy, with the pay and emoluments of lieutenant-colonel, if not an officer of the corps, and, if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a lieutenant-colonel; one professor of mathematics, with the pay and emoluments of a major, if not an officer of the corps, and, if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a major; one professor of the art of engineering in all its branches, with the pay and emoluments of a major, if not an officer of the corps, and, if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a major; each of the foregoing professors to have an assistant professor, which assistant professor shall be taken from the most prominent characters of the officers or cadets, and receive the pay and emoluments of captains, and no other pay or emoluments, while performing these duties: Provided, That nothing herein contained shall

1 Words in italics repealed, 5 July, 1838, chap. 162, sec. 3.
2 See for salaries instead of pay, &c., 3 March, 1851, chap. 22.

3 By sec. 2, chap. 13, 28 February, 1803.

entitle the academical staff, as such, to any command in the army separate from the academy.

SEC. 3. That the cadets heretofore appointed in the service of the United States, whether of artillery, cavalry, riflemen, or infantry, or that may in future be appointed as hereinafter provided, shall at no time exceed two hundred and fifty; that they may be attached, at the discretion of the President of the United States, as students, to the military academy, and be subject to the established regulations thereof; that they shall be arranged into companies of non-commissioned officers and privates, according to the directions of the commandant of engineers, and be officered from the said corps, for the purpose of military instruction; that there shall be added to each company of cadets four musicians and the said corps shall be trained and taught all the duties of a private, non-commissioned officer, and officer, be encamped at least three months of each year, and taught all the duties incident to a regular camp; that the candidates for cadets be not under the age of fourteen nor above the age of twenty-one years; that each cadet, previously to his appoint-i ment by the President of the United States, shall be well versed in reading, writing, and arithmetic, and that he shall sign articles, with the consent of his parent or guardian, by which he shall engage to serve five years, unless sooner discharged; and all such cadets shall be entitled to and receive the pay and emoluments now allowed by law to cadets in the corps of engineers.2

SEC. 4. That when any cadet shall receive a regular degree from the academical staff, after going through all the classes, he shall be considered as among the candidates for a commission in any corps, according to the duties he may be judged competent to perform; and in case there shall not, at the time, be a vacancy in such corps, he may be attached to it at the discretion of the President of the United States, by brevet of the lowest grade, as a supernumerary officer, with the usual pay and emoluments of such grade, until a vacancy shall happen: Provided, That there shall not be more than one supernumerary officer to any one3 company at the same time.

1 Eight years by 5 July, 1838, chap. 162.

2 $30 per month by chap. 119, 3 March, 1857.

3 This will allow 159; the number attached to the army is 66. Message, 1853-54, part 2, p. 3; see 4 August, 1854, chap. 247, sec. 5.

See President's

1

SEC. 5. That $25,000 be appropriated for erecting buildings, and for providing an apparatus, a library, and all necessary implements, and for such contingent expenses as may be necessary and proper, in the judgment of the President of the United States, for such an institution.

SEC. 6. That so much of the twenty-sixth section of the act entitled "An act fixing the military peace establishment," passed the 16th day of March, 1802, as confines the selection of the commander of the corps of engineers to the said corps, be, and the same is hereby, repealed.

[Approved, April 29, 1812.]

CHAPTER 83.-Approved, May 14, 1812.-Vol. 2, p. 732.

An Act for the better regulation of the ordnance.?

That there be, and hereby is, established an ordnance department, to consist of a commissary-general of ordnance, an assistant commissarygeneral, four deputy commissaries, and as many assistant deputy commissaries as the President of the United States may think necessary, not exceeding eight.

SEC. 2. That the commissary-general be authorized, from time to time, to employ as many wheelwrights, carriage-makers, blacksmiths, and laborers, as the public service may, in his judgment, require.

SEC. 3. That the commissary-general of ordnance shall be entitled to the rank, pay, and emoluments of a colonel of infantry, and be further allowed at the rate of $500 per year, and four rations per day, for clerks in his department: the assistant commissary-general of ordnance shall be entitled to the rank, pay, and emoluments of a major of infantry, with three additional rations per day; the deputy commissaries of ordnance shall be entitled to the rank, pay, and emoluments of a captain of infantry, with two additional rations per day, and forage for one horse; the assistant deputies shall have the rank, pay, and emoluments of a second lieutenant of infantry, with one additional ration per day.

SEC. 4. That a master-wheelwright, and carriage-maker, and a masterblacksmith, be allowed $30, each, per month, and one ration and one-half of a ration per day; that any other wheelwrights, carriage-makers, and blacksmiths, be allowed, each, $16 per month, and one ration and one-half of a ration per day; that the laborers, each, be allowed $9 per month, and one ration per day.

SEC. 5. That it shall be the duty of the commissary-general of ordnance to direct the inspection and proving of all pieces of ordnance, cannon-balls, shells, and shot, procured for the use of the army of the United States; and to direct the construction of all carriages, and every apparatus for ordnance, for garrison and field service, and all ammunition-wagons, pontons, and travelling forges; also the direction of laboratories, the inspection and proving the public powder, and the preparing all kinds of ammunition for garrison and field service; and shall, half-yearly, examine all ordnance, carriages, ammunition, and apparatus, in the respective fortresses, magazines, and arsenals, and cause the same to be preserved and kept in good order.

1 Chap. 9.

3 See chap. 50, 2 Aug. 1813.

2 Repealed and supplied by 8 Feb. 1815, chap. 38.

4 See 3 March, 1813, chap. 52.

SEC. 6. That the commissary-general of ordnance shall execute all orders issued by the secretary for the department of war, in conveying all ordnance, ammunition, and apparatus to the respective armies, garrisons, magazines, and arsenals; and, in time of war, he shall execute all orders of any general officer, commanding in any army or garrison, for the supply of ordnance, ammunition, carriages, pontons, forges, furnaces, or apparatus, for garrison, field, or siege service, and forward the same, without delay, and in good condition.

SEC. 7. That the commissary-general of ordnance shall, half-yearly, transmit to the department of war a correct return of all ordnance, ammunition, military stores and effects, in the respective garrisons, arsenals, magazines, posts, and camps, with a statement of their order, quality, and condition; and also what may be necessary to keep up an ample supply of each and every article in the ordnance department, and shall, in all things, faithfully and without delay, execute the orders of the secretary for the department of war touching the same.

SEC. 8. That the superintendents of military stores, keepers of magazines and arsenals, shall, half-yearly, make correct returns, to the commissarygeneral of ordnance, of all military stores that they respectively have in charge; and that the assistant commissary-general of ordnance, the deputy commissaries, and assistant deputies, shall, faithfully and without delay, execute all orders that shall be issued by the secretary for the department of war, the commanding general, in time of war, of any corps, camp, or garrison, or of the commissary-general of ordnance, in their respective departments, by virtue of this act.

SEC. 9. That the commissary-general of ordnance shall make a correct report of the artificers and laborers, from time to time, employed by him, and transmit the same to the adjutant-general.

SEC. 10. That, for defraying the expense that may be incurred in the execution of this act, the sum of $20,000 be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated.

[Approved, May 14, 1812.]

CHAPTER 86.-Approved, May 16, 1812.-Vol. 2, p. 735.

An Act making further provision for the Army of the United States.

5. Commanding general a secretary from the line.

"That the President of the United States be, and he hereby is, authorized and empowered to appoint so many district paymasters as, in his judgment, the service may require; and, if such paymasters are taken from the line of the army, they shall, respectively, receive $30 per month, in addition to their pay in the line: Provided, The same shall in no case exceed the pay and emoluments of a major; and, if not taken from the line, they shall receive the same pay and emoluments as a major of infantry.

SEC. 2. That the President of the United States be, and he hereby is, authorized and empowered to appoint a paymaster to each regiment on the peace establishment, who shall receive the same pay and emoluments as a

1 Thes sections (1, 2, 3, 4, and 6) as to paymasters and inspectors, &c. are supplied by the 2 March, 1821, chap. 13.

captain of the regiment to which he belongs: Provided, That all district and regimental paymasters shall be subject to the rules and articles of war, and give such bonds to the United States as the secretary for the department of war may direct, for the faithful performance of their duties. And it shall be the duty of the commanding officer, when requested by the paymaster, to furnish a capable non-commissioned officer or soldier to aid him in the discharge of his duty, who, while so employed, shall receive double pay.

SEC. 3. That the President of the United States be, and he hereby is, authorized to appoint, from the captains and subalterns of the line of the army, so many sub-inspectors as the service may require, not exceeding one to each brigade; and such sub-inspectors shall each receive $24 per month, in addition to his pay in the line.

SEC. 4. That each brigade-major provided by law shall be allowed $24 per month, in addition to his pay in the line.

SEC. 5. That 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.

SEC. 6. That, in addition to the non-commissioned officers and privates allowed to the regiment of light artillery, each company shall be entitled to twelve drivers of artillery, who shall be enlisted for five years, unless sooner discharged, and receive the same pay, rations, and clothing as the privates of the army: Provided, Such drivers of artillery shall, at all times, be liable to do duty in the ranks when the company shall not be mounted.

SEC. 7. That so much of the "act for establishing rules and articles for the government of the armies of the United States," as authorizes the infliction of corporeal punishment, by stripes or lashes, be, and the same hereby is, repealed.

[Approved, May 16, 1812.]

CHAPTER 92.-Approved, May 22, 1812.-Vol. 2, p. 742.

An Act to amend an Act entitled "An Act to establish a Quartermaster's Department, and for other purposes."

1. No private trade by the quartermaster-general, &c. 2. Barrack-masters. Pay of. 3. Contingent expenses allowed by secretary of war to quartermastergeneral. 4. Quartermaster to give bond.

That neither the quartermaster-general, the commissary

1 10 April, 1806, chap. 20, art. 87.

2 Unless on conviction by a general court-martial, by the 2 March, 1833, chap. 68. Whipping totally abolished by sec. 3, chap. 54, 5 Aug. 1861.

March 28, 1812, chap. 46, and see 18 May, 1826, chap. 74.

4 See on same subject the 28 March, 1812, chap. 46, sec. 6, vol. 2, p. 696, repealed by sec. 5 of this act.

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