SEC. 7. That promotion, in the quartermaster's department, to the rank of major, shall hereafter be made from the captains of the army; and that appointments in the line, and in the general staff, which confer equal rank in the army, shall not be held by the same officer at the same time; and when any officer of the staff who may have been taken from the line shall, in virtue of seniority, have obtained or be entitled to promotion to a grade in his regiment equal to the commission he may hold in the staff, the said officer shall vacate such staff commission, or he may, at his option, vacate his commission in the line.1

SEC. 8. That the aids-de-camp of the major-general commanding the army in time of war may be taken from the line, without regard to rank; and the aids-de-camp allowed to other major-generals and brigadier-generals may be taken from the grade of captain or subaltern; and that the commanding or highest general in rank may, while in the field, appoint a military secretary from the subalterns of the army, who shall have the pay and emoluments of a major of cavalry for the time being.

SEC. 9. That the allowance for clothing to each non-commissioned officer, musician, and private, of volunteers, shall be three dollars and fifty cents per month,3 during the time he shall be in the service of the United States.

SEC. 10. That the non-commissioned officers, musicians, and privates, of volunteers and militia, when called into the service of the United States, shall be entitled to receive fifty cents, in lieu of subsistence, and twenty-five cents in lieu of forage for such as are mounted, for every twenty miles, by the most direct route, from the period of leaving their homes to the place of general rendezvous, and from the place of discharge back to their homes.

SEC. 11. That the colonel or senior officer of the ordnance department is authorized to enlist, for the service of that department, as many master armorers, master carriage-makers, master blacksmiths, artificers, armorers, carriage-makers, blacksmiths, and laborers, as the public service, in his judgment, under the

1 See chap. 33, 3 March, 1851.

2 By chap. 6, 28 January, 1848, clothing in kind, instead of money, may be issued to volunteers.

When not furnished in kind, by chap. 9, sec. 5, 25 July, 1861.

directions of the secretary for the department of war, may require.

[Approved, June 18, 1846.]

CHAPTER 33.-Approved, June 26, 1846.-Vol. 9, p. 20.

An Act to provide for the organization of the volunteer forces brought into the service of the United States, into brigades and divisions, and for the appointment of the necessary number of general officers to command the same.

That the President of the United States be, and he is hereby, authorized to organize into brigades and divisions such of the volunteer forces as have been or may be called into the service of the United States, under the act approved May 13, 1846, entitled "An act providing for the prosecution of the existing war between the United States and the Republic of Mexico;" and that he be, and hereby is, authorized to appoint, by and with the advice and consent of the senate, such number of major-generals and brigadiergenerals as the organization of such volunteer forces into brigades and divisions may render necessary: Provided, That the brigadier-generals and major-generals so appointed shall be discharged from service by the President of the United States, when the war with Mexico shall be terminated by a definitive treaty of peace, duly concluded and ratified; or, in case the brigades or divisions of volunteers at any time in the service shall be reduced in number, the brigadier-generals and major-generals herein provided for shall be discharged in proportion to the reduction in the number of the brigades and divisions: And provided, further, That each brigade of volunteers shall consist of not less than three regiments, and each division shall consist of not less than two brigades.

CHAPTER 66.-Approved, July 29, 1846.-Vol. 9, p. 41.

An Act in relation to the payment of claims.

That whenever a claim on the United States aforesaid shall hereafter have been allowed by a resolution or2 act of Congress, and thereby directed to be paid, the money shall not, nor shall any part thereof, be paid to any person or persons other than the claimant or claimants, his or their executor or executors, administrator or administrators, unless such person or persons shall produce to the proper disbursing officer a warrant of attorney, executed by such claimant or claimants, executor or

1 Chap. 16.

2 Applied to all claims by 26 February, 1853, chap. 81, sec. 7.

executors, administrator or administrators, after the enactment of the resolution or act allowing the claim; and every such warrant of attorney shall refer to such resolution or act, and expressly recite the amount allowed thereby, and shall be attested by two competent witnesses and be acknowledged by the person or persons executing it, before an officer having authority to take the acknowledgment of deeds, who shall certify such acknowledgment; and it shall appear by such certificate that such officer, at the time of the making of such acknowledgment, read and fully explained such warrant of attorney to the person or persons acknowledging the same.

[Approved, July 29, 1846.]

CHAPTER 96.-Approved, August 8, 1846.-Vol. 9, p. 70.

An Act making appropriations for the support of the Military Academy, for the year ending on the thirtieth June, eighteen hundred and forty-seven.

2. Board of visitors to be appointed. How selected. Compensation. 3. Certain teachers to be professors.

SEC. 2. That the President be authorized to appoint a board of visitors, to attend the annual examination of the military academy, whose duty it shall be to report to the secretary of war, for the information of Congress, at the commencement of the next succeeding session, the actual state of the discipline, instruction, police administration, fiscal affairs, and other concerns of the institution: Provided, That the whole number of visitors each year shall not exceed the half of the number of states in the Union; and that they shall be selected, alternately, from every second state, each member being a bona fide resident citizen of the state from which he shall be appointed; that not less than six members shall be taken from among officers actually serving in the militia; and that a second member shall not be taken from any congressional district, until every other district in the state shall have supplied a member: Provided, further, That no compensation shall be made to said members beyond the payment of their expenses for board and lodging while at the military academy, and an allowance not to exceed eight cents per mile, for travelling by the shortest mail route from

their respective homes to the academy, and back to their homes.

SEC. 3. That the teacher of drawing, and the first teacher of French, at the military academy, shall hereafter1 be, respectively, professor of drawing, and professor of the French language. [Approved, August 8, 1846.]

RESOLUTION 11.-Approved, July 16, 1846.-Vol. 9, p. 111.

A joint Resolution presenting the thanks of Congress to Major-General Taylor, his officers and men.

That the thanks of Congress are due, and are hereby tendered, to MajorGeneral Zachary Taylor, commanding the army of occupation, his officers and men, for the fortitude, skill, enterprise, and courage which have distinguished the recent brilliant operations on the Rio Grande.

That Congress sincerely sympathize with the relatives and friends of the officers and soldiers of the army of the United States who so bravely fell in the service of their country on the Rio Grande.

That the President of the United States be requested to cause the foregoing resolutions to be communicated to General Taylor, and, through him, to the army under his command.

That the President of the United States be authorized and requested to have a medal of gold procured, with appropriate devices and inscriptions thereon, and presented to General Taylor, in the name of the Republic, as a tribute due to his good conduct, valor, and generosity to the vanquished.

RESOLUTION 12.-Approved, July 16, 1846.-Vol. 9, p. 111.

A joint Resolution to refund to states and individuals, expenses incurred by them under calls for militia and volunteers made by Generals Gaines and Taylor. That the secretary of war be, and he is hereby, authorized and required to refund, out of the appropriation made by the "Act providing for the prosecution of the existing war between the United States and the Republic of Mexico," approved the 13th of May, 1846, to the governors of the several states called upon by General Taylor and General Gaines for volunteers and militia, and also to individuals, the amount of the expenses incurred by said states and individuals in fitting out and preparing said volunteers or militia to join the army under the command of General Taylor, to be settled upon just and equitable principles.

1 Office created 28 Feb. 1803, chap. 18, sec. 2. See 3 March, 1851, chap. 22, post.

RESOLUTION 20.-Approved, August 8, 1846.-Vol. 9, p. 115.

Joint Resolution directing the payment of certain volunteers and militia, under the limitations therein prescribed.

That the secretary of war be, and he is hereby, authorized and required to cause to be paid, out of any of the appropriations made by the act providing for the prosecution of the existing war between the United States of America and the Republic of Mexico, approved, May 13, 1846, to the volunteers and militia called and actually received, by virtue of the orders of General E. P. Gaines, into the service of the United States, during the present year, and discharged before joining the army, and such companies as were actually organized and rendezvoused under said call, including the two companies of Major Gally's command, and the company at Baton Rouge arsenal, and also the company of Mississippi volunteers, (Natchez Fencibles,) and also the company of Mississippi volunteers, (Pontotoc Rovers,) organized and assembled at Vicksburg, and afterward disbanded or discharged, and the company of Ohio volunteers assembled at Camp Washington, near Cincinnati, and who claim to have been mustered into service, one day's pay and allowances for every day detained in service, and the usual travelling allowances, and no more. And, further, That where states or individuals have paid the expenses or provided the means of transportation of volunteers to the place of rendezvous, and furnished subsistence or clothing, the proportional amount thus furnished to each man, not exceeding the legal allowance to each, may be charged on the pay rolls and withheld and paid to the state or individual who actually paid the same. And, further, That when surgeons and assistant surgeons have attended regiments of volunteers to the time when medical officers, duly appointed by the United States, entered upon their duties with said regiments, they may receive the same rate of compensation, and to a like number, as provided for by law. And persons doing the duties of assistant quartermasters and assistant commissaries, under like circumstances, may in like manner receive the same rate of compensation, and to a like number, as authorized by existing laws.

CHAPTER 2.-Approved, January 12, 1847.-Vol. 9, p. 117.

An Act to encourage enlistments in the regular army.

That, during the continuance of the war with Mexico, the term of enlistment of the men to be recruited for the regiments of dragoons, artillery, infantry, and riflemen of the present military establishment shall "be during the war" or five years, at the option of the recruit, unless sooner discharged.

SEC. 2. That there shall be allowed and paid to every able-bodied man who shall be duly enlisted to serve in the artillery or infantry for the term of five years or during the war, a bounty of $12; but the payment of $6 of the said bounty shall be deferred until the recruit shall have joined for duty the regiment in which he is to serve.