Offices of general and lieutenant-general to continue only SEC. 6. And be it further enacted, That the offices of general and lieutenant-general of the army shall continue until a vacancy shall occur in the same, and no longer; and when such vacancy shall occur in either until a vacancy. of said offices, immediately thereupon all laws and parts of laws creating Laws creating the offices then said office shall become inoperative, and shall, by virtue of this act, from to be repealed. thenceforward be held to be repealed. No appointment to grade of major-general until, &c.; to grade of brigadier-general until, &c. Grade of regimental commissary in cavalry regiments abolished. SEC. 7. And be it further enacted, That no appointment to the grade of major-general shall be made until the number of officers of that grade is reduced below three, after which the number of major-generals shall not exceed three. SEC. 8. And be it further enacted, That no appointment to the grade of brigadier-general shall be made until the number of officers of that grade is reduced below six; after which the number of brigadier-generals shall not exceed six. SEC. 9. And be it further enacted, That the grade of regimental com- . missary in the several cavalry regiments is hereby abolished; and the lieutenants now holding the appointments of regimental commissary may be assigned for duty to companies of their regiments, and shall fill the first vacancies that may occur in their respective grades of first or second Disposition of lieutenant in the regiments to which they now belong; and nothing herein contained shall affect their relative rank with other lieutenants of their grade. such officers. Regimental commissary-ser geant and hospi ished. SEC. 10. And be it further enacted, That the grades of regimental commissary sergeant and regimental hospital steward are hereby abolished. tal steward abol- The number of corporals in each company of cavalry, artillery, and infantry shall be reduced to four; and the said non-commissioned officers Number of cor- shall have the privilege of receiving an honorable discharge, with full Present corpo- pay and allowances to the actual date thereof, if they shall so elect, in preference to remaining in the service in such other grades as may be assigned to them by the Secretary of War. porals reduced. rals may have honorable discharge, &c. List of officers unfit for duty except. &c. to be sent to Secre tary of War. Board of offi cers established. Officers reported to be mustered out upon, &c. Officers may have a hearing. Officers of regiments of the various arms may be trans ferred to list of supernumera ries. SEC. 11. And be it further enacted, That the general of the army and commanding officers of the several military departments of the army, shall, as soon as practicable after the passage of this act, forward to the Secretary of War a list of officers serving in their respective commands deemed by them unfit for the proper discharge of their duties from any cause except injuries incurred or disease contracted in the line of their duty, setting forth specifically in each case the cause of such unfitness. The Secretary of War is hereby authorized and directed to constitute a board to consist of one major-general, one brigadier-general, and three colonels, three of said officers to be selected from among those appointed to the regular army on account of distinguished services in the volunteer force during the late war, and on recommendation of such board the President shall muster out of the service any of the said officers so reported, with one year's pay; but such muster-out shall not be ordered without allowing such officer a hearing before such board to show cause against it. SEC. 12. And be it further enacted, That the President is hereby authorized to transfer officers from the regiments of cavalry, artillery, and infantry to the list of supernumeraries; and all vacancies now existing, or which may occur prior to the first day of January next, in the cavalry, artillery, or infantry, by reason of such transfer, or from other causes, Vacancies here- shall be filled in due proportion by the supernumerary officers, having after to be filled reference to rank, seniority, and fitness, as provided in existing law reguproportionably from such list. lating promotions in the army. And if any supernumerary officers shall Supernumera- remain after the first day of January next, they shall be honorably musries remaining tered out of the service with one year's pay and allowances: Provided, That vacancies now existing in the grade of second lieutenants, or which may occur prior to said date, may be filled by the assignment of supernumerary first lieutenants, or officers of higher grades, who, when so Jan. 1, 1871, to be discharged. Proviso as to filling lower assigned, shall rank as second lieutenants, providing [provided] such offi- grades by those of higher grades cers shall prefer to be so assigned, instead of being mustered out under desiring it. the provisions of this section; and officers so assigned shall take rank from the date of their original entry into the service: And provided fur- Chaplains. ther, That no chaplain be appointed to posts or regiments until those on waiting orders are assigned. SEC. 13. And be it further enacted, That the professors of the United Pay of profesStates Military Academy, whose service in the army and at the academy sors of the Military Academy. exceeds thirty-five years, shall have the pay of colonel, and those whose like service is less than thirty-five, but exceeds twenty-five years, shall have the pay of lieutenant-colonel; and all other professors shall have the pay of major; and hereafter there shall be allowed and paid to said pro- Ten per cent. fessors ten per centum of their current yearly pay for each and every for every five term of five years' continuous service: Provided, That such addition years' service. shall in no case exceed forty per centum of said yearly pay; and said professors are hereby placed upon the same footing as regards retirement from active service as officers of the army. of current pay Proviso. Enlisted men, SEC. 14. And be it further enacted, That the pay and allowances of the enlisted men of the army shall remain as now fixed by law until the pay and allowthirtieth of June, eighteen hundred and seventy-one; and it shall be unlawful for any officer to use any enlisted man as a servant in any case as servants by whatever. SEC. 15. And be it further enacted, That section two of the act entitled "An act making appropriations for the support of the army for the year ending June thirty, eighteen hundred and sixty-eight, and for other purposes," approved March two, eighteen hundred and sixty-seven, be, and the same is hereby, repealed. SEC. 16. And be it further enacted, That hereafter no officer shall be entitled to wear while on duty any uniform other than that of his actual rank, on account of having been brevetted; nor shall he be addressed in orders or official communications by any title other than that of his actual rank. ances of; Law establish ing headquarters to wear uniform so addressed. SEC. 17. And be it further enacted, That the President of the United Officers absent States be, and he is hereby, authorized to drop from the rolls of the army months without from duty three for desertion any officer who is now, or who may hereafter be, absent leave to be from duty three months without leave; and any officer so dropped shall dropped from the forfeit all pay and allowances due or to become due, and shall not be rolls, and not eligible for reappointment. SEC. 18. And be it further enacted, That it shall not be lawful for any officer of the army of the United States on the active list to hold any civil office, whether by election or appointment, and any such officer accepting or exercising the functions of a civil office shall at once cease to be an officer of the army, and his commission shall be vacated thereby. SEC. 19. And be it further enacted, That nothing in this act shall be construed to prevent the assignment to duty, as additional second lieutenants, of the graduates of the Military Academy. reappointed. Officers on ac tive list not to accepting or holding, to va hold civil office; cate commission. Graduates of Military Acad emy may be assigned. SEC. 20. And be it further enacted, That the Secretary of War shall Army regulaprepare a system of general regulations for the administration of the tions to be preaffairs of the army, which, when approved by Congress, shall be in force pared by, &c.; and obeyed until altered or revoked by the same authority; and said regulations shall be reported to Congress at its next session: Provided, approved.' That said regulations shall not be inconsistent with the laws of the United States. effect of, when Proviso. Students in val Academies not to be re SEC. 21. And be it further enacted, That the Secretaries of War and the Navy be, and they are hereby, authorized and directed so to arrange Military and Nathe course of studies and the order of recitations at the Military and Naval Academies that the students in said institutions will not be required to pursue their studies on Sunday. SEC. 22. And be it further enacted, That from and after the passage of quired to study on Sunday. lishments at military posts on the frontier. Trading estab- this act the Secretary of War be, and he is hereby, authorized to permit one or more trading establishments to be maintained at any military post on the frontier not in the vicinity of any city or town, when, in his judgment, such establishment is needed for the accommodation of emigrants, freighters, and other citizens; and the persons to maintain such trading establishments shall be appointed by him: Provided, That such traders shall be under protection and military control as camp followers. The Repeal of Pub. joint resolution approved March thirty, eighteen hundred and sixty-seven, Vol. xv. p. 29. to authorize the commanding-general of the army to permit traders to remain at certain military posts is hereby repealed. Proviso. Res. No. 33. Retired offi cers may serve as professors of colleges. Pay of officers of the army established. To officers be SEC. 23. And be it further enacted, That any retired officer may, on his own application, be detailed to serve as professor in any college; but while so serving such officer shall be allowed no additional compensation. SEC. 24. And be it further enacted, That the pay of the officers of the army shall be as follows: The pay of the general shall be thirteen thousand five hundred dollars a year; lieutenant-general shall be eleven thousand dollars a year; the pay of major-general shall be seven thousand five hundred dollars; the pay of brigadier-general shall be five thousand five hundred dollars; the pay of colonel shall be three thousand five hundred dollars; the pay of lieutenant-colonel shall be three thousand dollars; the pay of major shall be two thousand five hundred dollars; the pay of captain, mounted, shall be two thousand dollars; the pay of captain, not mounted, shall be eighteen hundred dollars; the pay of adjutant shall be eighteen hundred dollars; the pay of regimental quartermaster shall be eighteen hundred dollars; the pay of first lieutenant, mounted, shall be sixteen hundred dollars; the pay of first lieutenant, not mounted, shall be fifteen hundred dollars; the pay of second lieutenant, mounted, shall be fifteen hundred dollars; the pay of second lieutenant, not mounted, shall be fourteen hundred dollars; the pay of chaplair shall be fifteen hundred dollars; the pay of aide-de-camp to major-general shall be two hundred dollars per annum in addition to pay of his rank; the pay of aide-de-camp to brigadier-general shall be one hundred and fifty dollars per annum in addition to pay of his rank; the pay of acting assistant commissary shall be one hundred dollars in addition to pay of his rank; and there shall be allowed and paid to each and every commissioned officer below the rank of brigadier-general, including chaplains and others having assimilated ten per cent. of rank or pay, ten per centum of their current yearly pay for each and yearly pay to be allowed for each every term of five years of service: Provided, That the total amount of such increase for length of service shall in no case exceed forty per centum on the yearly pay of his grade as established by this act: And Pay of colonel provided further, That the pay of a colonel shall in no case exceed four thousand five hundred dollars per annum, nor the pay of a lieutenantcolonel four thousand dollars per annum, and these sums shall be in full Monthly pay. of all commutation of quarters, fuel, forage, servants' wages and clothing, longevity rations, and all allowances of every name and nature whatever, Fuel, quarters, and shall be paid monthly by the paymaster: Provided, That fuel, and forage. quarters, and forage in kind may be furnished to officers by the quartermaster's department, as now allowed by law and regulations: And proAllowances for vided further, That when any officer shall travel under orders, and shall not be furnished transportation by the quartermaster's department, or on a conveyance belonging to or chartered by the United States, he shall be allowed ten cents per mile, and no more, for each mile actually by him travelled under such order, distances to be calculated according to the nearest post-routes; and no payment shall be made to any officer except paymaster only. by a paymaster of the army. Officers retired from active service shall l'ay of retired receive seventy-five per centum of the pay of the rank upon which they are retired. low rank of brig. adier-general five years' service. Proviso. and lieut.-col onel not to ex ceed. travel under orders. Payments to officers to be by officers. Officers, soldiers, seamen, SEC. 25. And be it further enacted, That every private soldier and officer who has served in the army of the United States during the re and marines serving, for ninety of quarter section of land on lines railroads, &c. 1862, ch. 75. Vol. xii. p. 392. 1864, ch. 38. Vol. xiii. p. 35. 1866, ch. 127. Vol. xiv. p. 66. 1866,ch.262, 10. Vol. xiv. p. 253. bellion, for ninety days, and remained loyal to the government, and every seaman, marine, and officer, or other person, who has served in the navy days, in the reof the United States, or in the marine corps or revenue marine, during bellion and rethe rebellion, for ninety days, and remained loyal to the government, maining loyal, shall, on payment of the fee or commission to any register or receiver of quarter secti any land office required by law, be entitled to enter one quarter section of land, not mineral, of the alternate reserved sections of public lands along the lines of any one of the railroads or other public works in the United States, wherever public lands have been or may be granted by acts of Congress, and to receive a patent therefor under and by virtue of the provisions of the act to secure homesteads to actual settlers on the public domain, and the acts amendatory thereof, and on the terms and conditions therein prescribed; and all the provisions of said acts, except as herein modified, shall extend and be applicable to entries under this act, and the commissioner of the general land office is hereby authorized to prescribe the necessary rules and regulations to carry this section into effect, and determine all facts necessary therefor. APPROVED, July 15, 1870. CHAP. CCXCV.- An Act making Appropriations for the naval Service for the Year July 15, 1870. ending June thirtieth, eighteen hundred and seventy-one, and for other Purposes. Navy appro Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, to be paid out of any money in the treas- priation. ury not otherwise appropriated, for the naval service of the government for the year ending the thirtieth of June, eighteen hundred and seventy one. For pay of commissioned and warrant officers, and for mileage or Pay of officers transportation of officers travel[1]ing under orders, and for pay of the and seamen, mileage, &c. petty officers, seamen, ordinary seamen, landsmen, and boys, including men for the engineers' force, eight thousand five hundred men, at an average pay of three hundred dollars each per annum, seven million dollars. For contingent expenses of the Navy Department, one hundred and Contingent extwenty-five thousand dollars. Bureau of Yards and Docks. For the Naval Asylum at PhilaFor annual repairs of buildings and care of grounds, eight thousand six hundred dollars. delphia. For improvement of cemetery, five hundred dollars. For support of the beneficiaries, fifty-four thousand dollars; and this and the two preceding sums shall be paid out of the naval pension fund. For civil establishment at the navy yard, Kittery, New Hampshire.For civil engineer, two thousand five hundred dollars; for draughtsman and clerk to civil engineer, at one thousand four hundred dollars each; for clerk of pay-rolls and mustering clerk, one thousand five hundred dollars; for receiver and inspector of stores, one thousand five hundred dollars; for clerk to commandant, one thousand five hundred dollars; for clerk to receiver and inspector, one thousand five hundred dollars; for chief accountant, one thousand eight hundred dollars; gatekeeper and detective, one thousand dollars; and for messenger at commandant's office, six hundred dollars; making in all fourteen thousand seven hundred dollars. penses. Bureau of yards and docks. Naval Asylum. Navy yard at Kittery; At the navy yard, Boston, Massachusetts. For civil engineer, two Boston. thousand five hundred dollars; for draughtsman and clerk to civil engineer, at one thousand four hundred dollars each; for clerk of pay-rolls and mustering clerk, one thousand five hundred dollars; for receiver and inspector of stores, one thousand five hundred dollars; for writer to receiver and inspector of stores, nine hundred and thirty-nine dollars; for VOL. XVI PUB.-21 Navy yard at chief accountant, one thousand eight hundred dollars; for one clerk to commandant, one thousand five hundred dollars; gate-keeper and detective, one thousand dollars; and for messenger for commandant's office, six hundred dollars; in all, fourteen thousand one hundred and thirtynine dollars. New York; Philadelphia; Washington; Norfolk, Pensacola; Mare island. Naval Asylum. At the navy yard, New York city. For civil engineer, two thousand five hundred dollars; for draughtsman and clerk to civil engineer, at one thousand four hundred dollars each; for receiver and inspector of stores, one thousand five hundred dollars; for clerk of pay-rolls and mustering clerk, one thousand five hundred dollars; for clerk to commandant, one thousand five hundred dollars; for chief accountant, one thousand eight hundred dollars; gate-keeper and detective, one thousand dollars; and for messenger for commandant's office, six hundred dollars; in all, thirteen thousand two hundred dollars. At the navy yard, Philadelphia, Pennsylvania. For civil engineer, two thousand dollars; for draughtsman and clerk to civil engineer, one thousand four hundred dollars each; for clerk of pay-rolls and mustering clerk, one thousand five hundred dollars; for receiver and inspector of stores, one thousand five hundred dollars; for clerk to commandant, one thousand five hundred dollars; for chief accountant, one thousand eight hundred dollars; gate-keeper and detective, one thousand dollars; and for messenger to the commandant's office, six hundred dollars; in all, twelve thousand seven hundred dollars. At the navy yard, Washington, District of Columbia. - For civil engineer, two thousand dollars; for draughtsman and clerk to civil engineer, at one thousand four hundred dollars each; for receiver and inspector of stores, one thousand five hundred dollars; for clerk of payrolls and mustering clerk, one thousand five hundred dollars; for clerk to commandant, one thousand five hundred dollars; for chief accountant, one thousand eight hundred dollars; gate-keeper and detective, one thousand dollars; and for messenger for commandant's office, six hundred dollars; in all, twelve thousand seven hundred dollars. At the navy yard, Norfolk, Virginia. - For civil engineer, two thousand dollars; for draughtsman and clerk to civil engineer, at one thousand four hundred dollars each; for receiver and inspector of stores, one thousand five hundred dollars; for clerk of pay-rolls and mustering clerk, one thousand five hundred dollars; for clerk to commandant, one thousand five hundred dollars; gate-keeper and detective, one thousand dollars; and for messenger for commandant's office, six hundred dollars; in all, ten thousand nine hundred dollars. At the navy yard, Pensacola, Florida. For superintendent of yard improvements, one thousand eight hundred and seventy-eight dollars; for receiver and inspector of stores, one thousand five hundred dollars; gatekeeper and detective, one thousand dollars; for messenger for the office of the commandant, six hundred dollars; in all, four thousand nine hundred and seventy-eight dollars. At the navy yard, Mare island, California. For civil engineer, three thousand dollars; for assistant civil engineer and draughtsman, one thousand eight hundred dollars; for receiver and inspector of stores, one thousand eight hundred and seventy-five dollars; for clerk of pay-rolls and mustering clerk, one thousand eight hundred and seventy-five dollars; for clerk to commandant, one thousand eight hundred and seventyfive dollars; for chief accountant, one thousand eight hundred and seventy-five dollars; gate-keeper and detective, one thousand dollars; and for messenger for commandant's office, seven hundred and fifty dollars; in all, thirteen thousand eight hundred and seventy-five dollars. At the Naval Asylum. For secretary to the governor, one thousand dollars; for steward, seven hundred and fifty dollars; for matron, three hundred dollars; for six washers, at one hundred and twenty dollars |