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and such accounts, with the vouchers necessary to the correct and prompt settlement thereof, shall be rendered direct to the proper accounting officer of the treasury, and be mailed or otherwise forwarded to its proper address within ten days after the expiration of each successive month. And in case of the non-receipt at the treasury of any accounts within a reasonable and proper time thereafter, the officer whose accounts are in default shall be required to furnish satisfactory evidence of having complied with the provisions of this act; and for any default on his part, the delinquent officer shall be deemed a defaulter, and be subject to all the penalties prescribed by the sixteenth section of the act of August sixth, eighteen hundred and forty-six, "to provide for the better organization of the treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenue:" Provided, That the secretary of the treasury may, if in his opinion the circumstances of the case justify and require it, extend the time herein before prescribed for the rendition of accounts: And provided, further, That nothing herein contained shall be construed to restrain the heads of any of the departments from requiring such other returns or reports from the officer or agent subject to the control of such heads of departments as the public interest may require.
[Approved, July 17, 1862.]
CHAPTER 200.--Approved, July 17, 1862.-Vol. 12, p. 594.
An Act to define the pay and emoluments of certain officers of the army, and for other
1. No commutation for forage, where it can be furnished. Infantry officers assigned
to cavalry duty, to have forage, &c. 2. Number of horses allowed to certain officers and to chaplains. 3. Officers employing soldiers as servants shall not also draw pay for them. Penalty. 4. Officers not to be benefited by increased pay of soldiers.
Pay of quartermaster-sergeants. 5. Regimental bands abolished. 6. Brigade bands allowed. Their pay. 7. Mileage fixed. 8. Qualifications of chaplains. 9. Pay, &c., of chaplains. 11. Arrests, and discharges from. 12. Officers of army and navy forty-five years on register, to be retired, &c. 13. Contracts to be promptly reported to Congress. 14. Contracts to be annulled, if transferred. 15. Articles furnished by contract to be marked with contractor's name. 16. Contractors put under rules and articles of war, and to
he punished for fraud, &c. 17. Incompetent officers may be dismissed from military service. 18. Cemetery grounds for soldiers to be purchased and improved. 20. Volunteer regiments to be paid according to muster. 21. Aliens may become citizens after enlistment and honorable discharge, without previous declaration of intention. 22. Reorganization of the adjutant-general's office.
That officers of the army entitled to forage for horses shall not be allowed to commute it, but may draw forage in kind for each horse actually kept by them when and at the place where they are on duty, not exceeding the number authorized by law: Provided, however, That when forage in kind cannot be furnished by the proper department, then, and in all such cases, officers entitled to forage may commute the same according to existing regulations: And provided, further, That officers of the army and of volunteers assigned to duty which requires them to be mounted, shall, during the time they are employed on such duty, receive the pay, emoluments, and allowances of cavalry officers of the same grade respectively.
SEC. 2. That major-generals shall be entitled to draw forage in kind for five horses; brigadier-generals, for four horses; colonels, lieutenant-colonels, and majors, for two horses each ; captains and lieutenants of cavalry and artillery, or having the cavalry allowance, for two horses each; and chaplains, for one horse only.
Sec. 3. That whenever an officer of the army shall employ a soldier as his servant, he shall, for each and every month during which said soldier shall be so employed, deduct from his own monthly pay the full amount paid to or expended by the government per month on account of said soldier; and every officer of the army who shall fail to make such deduction shall, on conviction thereof before a general court-martial, be cashiered.
Sec. 4. That the first section of the act approved August sixth, eighteen hundred and sixty-one, entitled - An act' to increase the pay of privates in the regular army and in the volunteers in the service of the United States, and for other purposes,” shall not be so construed, after the passage of this act, as to increase the emoluments? of the commissioned officers of the army. And the eighth section of the act of twenty-second July, eighteen hundred and sixty-one, entitled “An acts to authorize the employment of volunteers to aid in enforcing the laws and protect
i Chap. 63.
2 In the servants' pay.
3 Chap. 9.
ing public property,” shall be so construed as to give to quartermaster-sergeants the same compensation as to regimental commissary-sergeants.
Sec. 5. That so much of the aforesaid act approved 22d July, 1861, as authorizes each regiment of volunteers in the United States service to have twenty-four musicians for a band, and fixes the compensation of the leader of the band, be, and the same is hereby, repealed ; and the men composing such bands shall be mustered out of the service within thirty days after the passage of this act.
Sec. 6. That each brigade in the volunteer service may have sixteen musicians as a band, who shall receive the pay and allowances now provided by law for regimental bands, except the leader of the band, who shall receive forty-five dollars per month, with the emoluments and allowances of a quartermaster's sergeant.
Sec. 7. That in lieu of the present rate of mileage allowed to officers of the army when travelling on public duty, where transportation in kind is not furnished to them by the government, not more than six cents per mile shall hereafter be allowed, unless where an officer is ordered from a station east of the Rocky Mountains to one west of the same mountains, or vice versa, when ten cents per mile shall be allowed to him;
and no officer of the army or navy of the United States shall be paid mileage except for travel actually performed at his own expense and in obedience to orders.
Sec. 8. That so much of section nine of the aforesaid act, approved July twenty-second, eighteen hundred and sixty-one, and of section seven of the “Act providing for the better organization of the military establishment," approved August third, eighteen hundred and sixty-one, as defines the qualifications of chaplains in the army and volunteers, shall hereafter be construed to read as follows: That no person shall be appointed a chaplain in the United States army who is not a regularly ordained minister of some religious denomination, and who does not present testimonials of his present good standing as such minister, with a recommendation for his appointment as an army chaplain from some authorized ecclesiastical body, or not less than five accredited ministers belonging to said religious denomination.
Sec. 9. That hereafter the compensation of all chaplains in the regular or volunteer service or army hospitals shall be one hundred dollars per month and two rations' a day when on duty; and the chaplains of the permanent hospitals, appointed under the authority of the second section of the act approved May twenty, eighteen hundred and sixty-two, shall be nominated to the senate for its advice and consent, and they shall, in all respects, fill the requirements of the preceding section of this act relative to the appointment of chaplains in the army and volunteers; and the appointments of chaplains to army hospitals heretofore made by the Presidents are hereby confirmed; and it is hereby made the duty of each officer commanding a district or post containing hospitals, or a brigade of troops, within thirty days after the reception of the order promulgating this act, to inquire into the fitness, efficiency, and qualifications of the chaplains of hospitals or regiments, and to muster out of service such chaplains as were not appointed in conformity with the requirements of this act, and who have not faithfully discharged the duties of chaplains during the time they have been engaged as such. Chaplains employed at the military posts called "chaplain posts” shall be required to reside at the posts; and all chaplains in the United States service shall be subject to such rules in relation to leave of absence from duty as are prescribed for commissioned officers of the United States army stationed at such posts.
Sec. 10. That so much of the fifth section of the act approved July 22d, 1861, as allows 40 cents per day for the use and risk of the horses of company officers of cavalry, and the tenth section of the aforesaid act, approved August 3d, 1861, be, and the same are hereby, repealed.
Sec. 11. That whenever an officer shall be put under arrest, except at remote military posts or stations, it shall be the duty of the officer by whose orders he is arrested to see that a copy of the charges on which he has been arrested and is to be tried shall be served upon him within eight days thereafter, and that he shall be brought to trial within ten days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of the said ten days, or the arrest shall cease: Provided, That if the copy of the charges be not served upon the arrested officer, as herein provided, the arrest shall cease; but officers released from arrest under the provisions of this section may be tried whenever the exigencies of the service will permit, within twelve months after such release from arrest: And provided, further, That the provisions of this section shall apply to all persons now under arrest and awaiting trial.
A ration is $9 per month. The second section of this act also allows a chaplain to draw forage for one forse ? Chap. 80.
3 See his annual message, Dec. 1861. * Chap. 9.
5 Chap. 42, retaining $2 per month of the pay of the enlisted men of the regular army until the end of their enlistment.
Sec. 12. That whenever the name of any officer of the army or marine corps, now in the service, or who may hereafter be in the service, of the United States, shall have been borne on the army register or naval register, as the case may be, forty-five years, or he shall be of the age of sixty-two years, it shall be in the discretion of the President to retire him from active service and direct his name to be entered on the retired list of officers of the grade to which he belonged at the time of such retirement; and the President is hereby authorized to assign any officer retired under this section, or the act of August third, eighteen hundred and sixty-one, to any appropriate duty; and such officer thus assigned shall receive the full pay and emoluments of his grade while so assigned and employed.
Sec. 13. That all contracts made for, or orders given for the purchase of, goods or supplies by any department of the government shall be promptly reported to Congress by the proper head of such department if Congress shall at the time be in session, and if not in session, said reports shall be made at the commencement of the next ensuing session.
Sec. 14. That no contract or order, or any interest therein, shall be transferred by the party or parties to whom such contract or order may be given to any other party or parties, and that any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned: Provided, That all rights of action are hereby reserved to the United States for any breach of such contract by the contract. ing party or parties.
Sec. 15. That every person who shall furnish supplies of any
1 Chap. 42.