be published to the army annually, by the secretary for the department of war. SEC. 11.1 That the President of the United States be authorized to appoint so many assistant apothecaries as the service may, in his judgment, require; each of whom shall receive the same pay and emoluments as a regimental surgeon's mate. SEC. 12. That, from and after the passing of this act, promotions may be made through the whole army' in its several lines of light artillery, light dragoons, artillery, infantry, and riflemen respectively; and that the relative rank of officers of the same grade, belonging to regiments or corps already authorized, or which may be engaged to serve for five years or during the war, be equalized and settled by the war department, agreeably to established rules; and that so much of the act entitled "An act for the more perfect organization of the army of the United States," passed the twenty-sixth of June, one thousand eight hundred and twelve, as comes within the purview and meaning of this act be, and the same is hereby, repealed. SEC. 13. That, for the purpose of avoiding unnecessary expenses in the military establishment, the President of the United States be, and he is hereby, authorized, in case of failure in filling the rank and file of any regiment or regiments, to consolidate such deficient regiment or regiments, and discharge all supernumerary officers: Provided, That officers so discharged shall be allowed, in addition to the mileage already authorized by law, three months' pay to each. SEC. 14. That every non-commissioned officer and private of the army, or officer, non-commissioned officer, and private of any militia or volunteer corps in the service of the United States, who has been or who may be captured by the enemy, shall be entitled to receive during his captivity, notwithstanding the expiration of his term of service, the same pay, subsistence, and allowance to which he may be entitled whilst in the actual service of the United States: Provided, That nothing herein contained shall be construed to entitle any prisoner of war, of the militia, to the pay and compensation herein provided after the date of his parole, other than the travelling expenses allowed by law. 1 Abolished by the 2 March, 1821, chap. 13, sec. 10. 3 Chap. 108. SEC. 15. That the five regiments which, by the first section of an act entitled "An act to amend the act in addition to the act entitled 'An act to raise an additional military force, and for other purposes,' were authorized to be enlisted, at the discretion of the President of the United States, for and during the war, may be enlisted, at the option of the recruit, for five years, or for and during the war, unless, &c. SEC. 16. That the commissary-general of ordnance may employ in his department, besides blacksmiths and wheelwrights, other mechanics, such as the public service may require, who shall, together with the said blacksmiths and wheelwrights, be mustered under the general denomination of artificers; and such artificers, being hereafter, or having been heretofore, enlisted to serve for the term of five years, or during the war, shall be entitled to the same annual allowance of clothing as is or may be provided for the soldiers of the army. SEC. 17. That the laborers who may be hereafter enlisted to serve in the ordnance department, for the term of five years, or during the war, shall be entitled to a bounty of $25 in money, and the same annual allowance of clothing as is or may be provided for the soldiers of the army. SEC. 18. That the physician and the surgeon general of the army be entitled to two rations per day, and forage for two horses; and that in addition to their pay, as at present established by law, the regimental surgeons and regimental surgeons' mates be entitled to $15 per month each. SEC. 19. That the aids-de-camp of major-generals shall be taken from the captains and3 subalterns of the line; and the aidsde-camp of brigadier-generals from the subalterns of the line; and that it shall not be lawful to take more than one aid-de-camp from a regiment. SEC. 20.5 That in no case shall the district paymasters or quartermasters of any grade be taken from the line of the army. SEC. 21. That the officers of the volunteer corps, authorized by the act of the 24th day of February, 1814, be entitled to promotion in the line of the army; and that the President of the United States, with the advice and consent of the Senate, be authorized to make all necessary appointments, and to fill all vacancies which may happen in the same. [Approved, March 30, 1814.] 1 The 15th, 17th, and 21st sections are temporary, and the 16th and 20th are clearly supplied by subsequent legislation. 2 By the 16 March, 1802, chap. 9, sec. 4. See 14 April, 1818, chap. 61, Feb. 1857, chap. 55. 3 From subalterns of the line by the 3 March, 1815, and the 2 March, 1821, chap. 13, sec. 5, but taking only one aid from a regiment is omitted. 4 One, by the 3 March, 1815, chap. 79, sec. 3. 5 This seems to be repealed by the 2 March, 1821, chap. 13, sec. 7. CHAPTER 67.-Approved, April 18, 1814.-Vol. 3, p. 128. An Act fixing the salary of the paymaster of the army of the United States, and allowing a sum for the employment of additional clerks in his office for the year 1814, and providing for the appointment of assistant district paymasters.1 That, in lieu of the monthly compensation now allowed by law to the paymaster of the army of the United States, he shall receive an annual salary of $2000, to be paid, quarter-yearly, at the treasury of the United States, and to commence on the 1st day of January last; and that, in addition to the amount already allowed by law for clerk-hire, in the office of the paymaster of the army of the United States, there shall be allowed the further sum of $5547, for the purpose of employing additional clerks in, and for contingent expenses of, his office, for the present year, to be paid out of any money in the treasury not otherwise appropriated. SEC. 2. That the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint so many assistant district paymasters, not exceeding thirty, as the public service may, in his opinion, require: Provided, That the President of the United States shall have power to appoint any officer authorized by this act during the recess of the Senate, to be submitted to them, for their advice and consent, at their next session. SEC. 3. That it shall be the duty of the paymaster of the army, under the direction of the war department, to make all disbursements of money within that department to the district paymasters, and to adjust, state, and exhibit their several accounts, according to such forms, and within such periods, as shall be prescribed for that purpose by the treasury depart ment. SEC. 4. That, to secure the regular and punctual payment of the troops, the district paymasters shall examine and transmit to the paymaster of the army the accounts and vouchers for all disbursements which have been made by them to the troops of the army or district where they shall be stationed, as soon as the first payment shall have been made, and accompany the same with an estimate for the next payment; which accounts and estimates shall be regularly transmitted, that settlements may be made and competent funds remitted: Provided, also, That the said district and assistant paymasters shall make payments to the militia in the service of the United States, when required by the secretary of war or the paymaster of the army. SEC. 5. That the assistant district paymaster shall receive the emoluments of a captain of infantry, and forage for one horse. pay and SEC. 6. That the district and assistant district paymasters shall severally give bonds, with good and sufficient security, to the United States, for the faithful performance of their duties, in such sums as shall be required by the paymaster of the army, under the direction of the war department, and shall be subject to the rules and articles of war. SEC. 7. That this act shall continue in force until the termination of the war in which the United States are now engaged with the United Kingdom of Great Britain and Ireland and the dependencies thereof, and for one year thereafter, and no longer. 1 Expired; see 7th section. 2 See 24 April, 1816, sec. 3, chap. 69, and 21 Feb. 1857, chap. 5. CHAPTER 78.-Approved, April 18, 1814.—Vol. 3, p. 133. An Act to provide for the collection and preservation of such flags, standards, and colors, as shall have been, or may hereafter be, taken by the land and naval forces of the United States from their enemies.1 That the secretaries of the war and navy departments be, and they are hereby, directed to cause to be collected and transmitted to them, at the seat of the government of the United States, all such flags, standards, and colors as shall have been, or may hereafter be, taken by the army and navy of the United States from their enemies. SEC. 2. That all the flags, standards, and colors, of the description aforesaid, which are now in the possession of the departments aforesaid, and such as may be hereafter transmitted to them, be, with all convenient despatch, delivered to the President of the United States, for the purpose of being, under his direction, preserved and displayed in such public place as he shall deem proper. [SEC. 3. $500 appropriated for the purposes of this act.] CHAPTER 80.-Approved, April 18, 1814.-Vol. 3, p. 134. An Act in further addition to an Act entitled “ An Act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States." That, in addition to the officers of the militia, provided for by the act entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety-two,' and by an act in addition to the said recited act, approved March the second, one thousand eight hundred and three, there shall be, to each division, one divisioninspector, with the rank of lieutenant-colonel, and one divisionquartermaster, with the rank of major; to each brigade, one aid-de-camp, with the rank of captain; and the quartermasters of brigade, heretofore provided for by law, shall have the rank 1 See act 3 March, 1855, chap. 175. 2 Chap. 33. 3 Chap. 15. of captain. And it shall be incumbent on the said officers to do and perform all the duties which, by law and military principles, are attached to their offices, respectively. [Approved, April 18, 1814.] CHAPTER 82.-Approved, April 18, 1814.—Vol. 3, p. 134. An Act in addition to an Act entitled “An Act1 to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the Act now in force for those purposes."2 That courts-martial, to be composed of militia officers alone, for the trial of militia drafted, detached, and called forth for the service of the United States, whether acting in conjunction with the regular forces or otherwise, shall, whenever necessary, be appointed, held, and conducted in the manner prescribed by the rules and articles of war for appointing, holding, and conducting courts-martial for the trial of delinquents in the army of the United States. SEC. 2. That in all cases in the militia where an offence is punishable by stoppage of pay, or by imposing a fine limited by the amount of pay, the same shall be taken to have relation to the monthly pay existing at the time the offence was committed. SEC. 3. That if any delinquent directed to be summoned to appear before a court-martial for neglect or refusal to obey the orders of the President of the United States in any of the cases recited in the first, second, third, and fourth sections of the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes," passed February 28, 1795, shall be absent when any non-commissioned officer shall call to summon him, it shall be a sufficient summoning of such delinquent if the non-commissioned officer leave a copy of the summons, or a written notice thereof, signed by him, with some person of suitable age and discretion, at the usual place of abode of such delinquent, at least ten days previous to the day of appearance. And in case of the non-appearance of such delinquent, the court-martial may proceed with his trial in the same manner as if he had appeared and plead not guilty to the charge exhibited against him. SEC. 4. That it shall be the duty of the President of any court-martial for the trial of militia, if required, and upon his being duly satisfied that such testimony is material to the trial, to issue his precept, directed to any person to be summoned as a witness, commanding his or her attendance at such court to testify for or against the person to be tried, as the case may be; and any witness having been duly summoned, and failing to appear, without a reasonable excuse, shall forfeit and pay a sum not exceeding $50, to be sued for and recovered in the name of the United States, by bill, plaint, or information, in any court of competent jurisdiction. And if any witness, when called upon for that purpose, shall refuse to testify, or shall behave with contempt to the court, or if any other person 1 28 February, 1795, chap. 36. 2 Expired: see sec. 13. |