of the Secretary of the Navy to experiment upon such devices for submarine operations as may be recommended as worthy of practical test by a commission of competent naval officers and scientific men, now or hereafter to be organized for their examination. APPROVED, July 4, 1864. CHAP. CCLII. An Act to authorize the Secretary of the Navy to provide for the Edu-July 4, 1864. cation of Naval Constructors and Steam Engineers, and for other Purposes. ors and steam engineers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy Education of be, and he is hereby, authorized to provide, by regulations to be issued by naval constructhim, for the education of such midshipmen or others at the Naval Academy as show a peculiar aptitude therefor as naval constructors, or civil and steam engineers, and may form a separate class for this purpose, to be styled cadet engineers, or otherwise afford to such persons all proper facilities for such a scientific mechanical education as will fit them for neers. such professions. Cadet engi SEC. 2. And be it further enacted, That, upon the recommendation of Appointments the academic board, such persons connected with the scientific and of such persons. mechanical class as graduate therein with credit, may be immediately appointed as assistant naval constructors or warranted as engineers. Number and SEC. 3. And be it further enacted, That cadet engineers, not to exceed fifty in number, shall be appointed by the Secretary of the Navy: Pro- appointment. vided, That no person, other than midshipmen, shall be eligible for such appointment who shall not produce satisfactory evidence of mechanical skill and proficiency, and that he has been employed at least two years in the actual fabrication of steam machinery. Examination. SEC. 4. And be it further enacted, That cadet engineers, when ap- Age. pointed, shall be under eighteen years of age, and shall have passed a mental and physical examination. They shall be admitted to the Naval Academy, where they shall be examined from time to time, according to the regulations prescribed by the Secretary of the Navy; and if found deficient at any examination, or dismissed for misconduct, they shall not be continued in the academy, or in the service, except upon recommendation of the academic board. May be admit ted to naval academy. SEC. 5. And be it further enacted, That the academic course of cadet, Length of acaengineers shall be two years, and their pay the same as that of midship men. demic course. Number of chief and assist SEC. 6. And be it further enacted, That the number of chief engineers shall not exceed one for each first and second rate vessel in the navy, ant engineers for with such first, second, and third assistant engineers, or those acting as vessels. such, as the wants of the service actually require. And that, from and after the passage of this act, the annual pay of the engineer officers of the navy, on the active list, shall be as follows: Every chief engineer on duty, for the first five years after the date of his commission, two thousand two hundred dollars. For the second five years after the date of his commission, two thousand five hundred dollars. For the third five years after the date of his commission, two thousand eight hundred dollars. After fifteen years after the date of his commission, three thousand dollars. Every chief engineer on leave or waiting orders, for the first five years after the date of his commission, one thousand five hundred dollars. For the second five years after the date of his commission, one thou sand six hundred dollars. For the third five years after the date of his commission, one thousand seven hundred dollars. Pay of engineer officers of navy; of chief engi neer. Pay of first assistant engineer; of second assistant engineer; of third assist ant engineer. Where articles are bid for in classes, certain bids may be rejected. After fifteen years after the date of his commission, one thousand eight hundred dollars. Every first assistant engineer on duty, one thousand five hundred dollars. While on leave or waiting orders, one thousand one hundred dollars. Every second assistant engineer on duty, one thousand two hundred dollars. 66 While on leave or waiting orders, nine hundred dollars. SEC. 7. And be it further enacted, That section two of joint resolution 'authorizing the Secretary of the Navy to adjust the equitable claims of contractors for naval supplies, and regulating contracts with the Navy Department," approved March three, eighteen hundred and sixty-three, be, and the same is hereby, amended by adding to the same the following Vol. xii. p. 828. proviso, viz: Provided, That where articles are advertised and bid for in classes, and in the judgment of the head of the department, any one or more articles appear to be bid for at excessive or unreasonable prices exceeding ten per centum above their fair market-value, he shall be authorized to reject such bid. APPROVED, July 4, 1864. July 4, 1864. CHAP. CCLIII. Organization · An Act to provide for the better Organization of the Quartermaster's Department. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be established of quartermas- in the office of the quartermaster-general of the army, to exist during the ter's department. Certain divis- present rebellion and one year thereafter, the following divisions, each of ions established. which shall be placed in the charge of a competent officer of the quartermaster's department, to be assigned to such duty by the Secretary of War, who shall, under such rules as may be prescribed by the quartermaster-general, with the approval of the Secretary of War, transact the business of such division as hereinafter provided, to wit: 1st division. 2d division. 3d division. 4th division. 5th division. The first division shall have charge of the purchase, procurement, and disposition of horses and mules for cavalry, artillery, wagon and ambulance trains, and all other purposes for which horses or mules may be procured for the armies of the United States. The second division shall have charge of the purchase, procurement, issue, and disposition of cloth and clothing, knapsacks, camp and garrison equipage, and all accoutrements of the soldier which are provided by the quartermaster's department. The third division shall have charge of the purchase, charter, hire, and maintenance of all vessels to be used in the transportation of the army, and of prisoners of war, and of their supplies, on the ocean, and the bays and sounds connected therewith, and upon the northern and northwestern lakes, including all vessels propelled by steam or otherwise, owned or employed by the War Department, excepting river steam-vessels and barges upon the western rivers. The fourth division shall have charge of the purchase, charter, hire, maintenance, and procurement of all transportation for the army, and its supplies by land and upon the western rivers, (other than transportation by animal power in the field, and at camps, garrisons, posts, depots, and stations,) including all railroad and telegraph lines operated by the United States for military purposes, and of all steam rams and gunboats owned or employed by the War Department upon the western rivers, until other disposition shall be made of them by competent authority. The fifth division shall have charge of the purchase, procurement, issue, and disposition of forage and straw for the army. The sixth division shall have charge of the erection, procurement, Quartermaster's department. maintenance, disposition, and so forth, of all barracks, hospital buildings, storehouses, stables, bridges, (other than railroad bridges,) wharves, and 6th division. other structures composed in whole or in part of lumber, and of all lumber, nails, and hardware for building purposes; and of the hire and commutation of quarters for officers, the hire of quarters for troops, the hire of grounds for cantonments, or other military purposes, and the repair and care of all buildings and other structures herein mentioned, and of all grounds owned, hired, or occupied for military purposes, except such as are lawfully under the charge of other bureaus of the War Department; and of extra pay to soldiers employed in erecting barracks, or other fatigue duty, under the acts of March second, eighteen hundred and nineteen, and August fourth, eighteen hundred and fifty-four. The seventh division shall have charge of the purchase, procurement, issue, and disposition of all wagons, ambulances, travelling forges and harness, (except such as are furnished by the ordnance department,) and of all hardware except as hereinbefore provided; and of all fuel for officers and enlisted men, camps, garrisons, hospitals, posts, storehouses, offices, public transports, steam-rams, and army gunboats, and of all transportation by animal power in the field, at camps, garrisons, posts, depots, and stations; and of the construction and repair of roads other than railroads; and of the compensation of wagon and forage masters, and of clerks to officers of the quartermaster's department; and of the purchase of heating and cooking stoves; and of the expenses of courtsmartial, military commissions, and courts of inquiry; and of mileage and allowances to officers for the transportation of themselves and their baggage when travelling upon duty without troops, escorts, or supplies, and of supplies for prisoners of war and such refugees as the Secretary of War may direct to be temporarily provided for; and of the purchase of stationery, blanks and blank books for the quartermaster's department; and of the printing of the division and department orders and reports; and of the proper and authorized expenses for the movements and operations of an army not expressly assigned to any other division or depart ment. 7th division. Power of in The eighth division shall have charge of all inspections of the quarter- 8th division. master's department, and of all reports made by officers assigned to inspection duty, analyzing and preserving the reports as received, and communicating through the quartermaster-general, to the chiefs of the proper divisions such portions of these reports as may be necessary for their information and use: Provided, That the officers assigned to inspection duty shall have power not only to report and to point out any errors or abuses which specting officers. they may discover in the practical operations of the quartermaster's department, but to give, by order of the quartermaster-general, the orders which may be immediately necessary to correct and to prevent a continuance of such abuses or errors: Provided, further, That all such orders Proviso. shall be immediately reported to the chief of the inspection division for the approval, or otherwise, of the quartermaster-general. The ninth division shall have charge of all the correspondence, returns, reports, and records received, filed, and preserved in the office of the quartermaster-general, and of the transmission thereof to the several other divisions of this office, and departments of the government. 9th division. Heads of sev SEC. 2. And be it further enacted, That the heads of the several divisions above mentioned shall, under the direction of the quartermaster- eral divisions to advertise for progeneral, from time to time, advertise for proposals for the supplies neces- posals for зupsary for the movements and operations of the several armies, posts, piies. detachments, garrisons, hospitals, and for other military purposes, in newspapers having general circulation in those parts of the country where such supplies can be most advantageously furnished, having regard also to the places where such supplies are to be delivered and used; and all Supplies to be such supplies, so purchased or contracted for, shall be subject to careful inspected. inspection, and all clothing and camp and garrison equipage, shall be subject to a double inspection, first, as to the quality of the material, and second, as to the kind and character of the workmanship, which inspection shall in all cases be performed by a competent inspector, with suitable assistants, who shall have had ample experience in the inspection of cloth, clothing, knapsacks, camp and garrison equipage; and all payments for supplies so purchased shall be made under the direction of the officers in charge of the several divisions above mentioned, upon receipts or certificates from the officers inspecting and receiving such supplies, prepared in such form and attested in such manner as may be prescribed by the quartermaster-general. Payments for supplies, how made. Depots for re for armies in the field. SEC. 3. And be it further enacted, That it shall be the duty of the ceiving and dis- quartermaster-general to establish depots, from time to time, at places contributing supplies venient to the principal armies in the field, for receiving and distributing the supplies necessary for such armies, and for the detachments, posts, and hospitals most accessible to such depots; and the business of inspecting, weighing, measuring, and receiving supplies for such armies, detachments, posts, and hospitals, and of giving receipts or certificates therefor to the persons furnishing such supplies, shall be carried on as far as practicable at such depots; but the quartermaster-general, or the heads of the several divisions above mentioned, may cause such supplies to be sent from the place of purchase directly to the quartermasters of the commands for whose use they are procured, in any cases where it may be more economical or advantageous so to do; and in cases where horses, mules, clothing, or camp and garrison equipage may be so sent, suitable and competent inspectors shall be sent to examine the same before they shall be issued and receipted for. In emergencies, supplies may be obtained without advertisement. Quartermastergeneral to require monthly statements of and estimates. SEC. 4. And be it further enacted, That when an emergency shall exist requiring the immediate procurement of supplies for the necessary movements and operations of an army or detachment, and when such supplies cannot be procured from any established depot of the quartermaster's department, or from the head of the division charged with the duty of furnishing such supplies, within the required time, then it shall be lawful for the commanding officer of such army or detachment to order the chief quartermaster of such army or detachment to procure such supplies during the continuance of such emergency, but no longer, in the most expeditious manner, and without advertisement; and it shall be the duty of such quartermaster to obey such order; and his accounts of the disbursement of moneys for such supplies shall be accompanied by the order of the commanding officer as aforesaid, or a certified copy of the same, and also by a statement of the particular facts and circumstances, with their dates, constituting such emergency. SEC. 5. And be it further enacted, That it shall be the duty of the quartermaster-general, immediately after the passage of this act, and at least once in every month thereafter, to require from the principal quarsupplies on hand, termasters of the several military departments and depots, approximate statements of the aggregate amounts of supplies on hand, and estimates of the additional amounts required for the service for the ensuing month, stating at what places such supplies will be required, and what amounts are legally contracted for but not yet delivered. And it shall be the duty of the heads of the several divisions above mentioned to cause to be made purchases or contracts for the supplies which the quartermaster-general may estimate to be necessary in accordance with law, and all quartermasters shall forthwith report to the quartermaster-general, to be referred to the heads of the several divisions above mentioned, all contracts not yet fulfilled which they may have executed on behalf of the United States, and all proposals which they may have received in answer to advertisements for future supplies, and shall hereafter regularly report to the Penalty for cor quartermaster-general copies of all contracts made and all proposals re- Copies of conceived for supplies of any kind to be furnished. And if any quarter- tracts and proposals. master shall neglect or refuse, for the space of one month, to report to Penalty for the quartermaster-general any such contract or proposal, such neglect or neglecting, &c., refusal shall be deemed prima facie evidence of fraud, and the pay of to report contracts, &c. such quartermaster shall be stopped until he shall have made a satisfactory explanation to the Secretary of War of such neglect or refusal. SEC. 6. And be it further enacted, That all inspectors of horses, mules, Inspectors to be clothing, fuel, forage, lumber, hired transports, and other supplies of the sworn. quartermaster's department, shall be sworn (or affirmed) to perform their duties in a faithful and impartial manner, and shall, for any corruption, wilful neglect, or fraud in the performance of their duties, be liable to punishment by fine and imprisonment, by sentence of court-martial or military commission; and if any contractor or person furnishing such supplies or transportation shall give, or offer to give, to any inspector of contractor for such supplies or transportation, or to any other person for his use, directly money, &c., to or indirectly, any money or other valuable consideration, such person giv- inspector. ing, or offering to give, such money or other valuable consideration, shall forfeit to the United States the full amount of his contract or contracts with the United States, and the name and offence of such person shall be published in general orders, and also in one newspaper of general circulation nearest to his place of residence. ruption, wilful neglect, &c. Penalty upon offering, &c., Agents or as signees of certain contractors sub ject to, &c. 1862, ch. 200, § 16. SEC. 7. And be it further enacted, That the provisions of the sixteenth section of the act entitled "An act to define the pay and emoluments of certain officers of the army, and for other purposes," approved July seventeen, eighteen hundred and sixty-two, shall apply to all persons engaged in executing the contracts therein referred to, whether as agents of such contractors or as claiming to be assignees thereof, or otherwise, and to all inspectors employed by the United States for the inspection of sub- &c. sistence, clothing, arms, ammunition, munitions of war, or other description of supplies for the army or navy of the United States: Provided, That any person arrested to answer charges for a violation of the provisions of this act, or of the act to which it is in addition, shall be admitted to bail for his appearance to answer the charges made against him before any court-martial constituted to try him, in such sums and with such sureties as shall be designated and approved by the judge of the district court of the district in which the arrest is made, or the offence is charged to have been committed, or any commissioner appointed by such court. 596. Vol. xii. p. Penalty on contractors fur SEC. 8. And be it further enacted, That if any contractor or person furnishing supplies or transportation shall give, or offer to give, or cause nishing supplies,. to be given, to any officer or employee of the quartermaster's department &c., for offering, having charge of the receipt or disposition of the supplies or transporta- &c., money, &c., tion furnished by him, or in any way connected therewith, any money or &c., in quarterto any officer, other valuable consideration, directly or indirectly, all contracts and char- master's departters with such person shall, at the option of the Secretary of War, be null ment, &c. and void; and if any officer or employee of the quartermaster's depart- upon officer for accepting such ment shall knowingly accept any such money or other valuable considera- money, &c. tion from such person, he shall be deemed guilty of malfeasance, and shall be punished by fine and imprisonment, or both, as a court-martial or military commission may direct. 66 SEC. 9. And be it further enacted, That whenever it shall become Rules for necessary to purchase any steam or sailing vessel for the use of the quar- sels for quarterpurchasing vestermaster's department, the same shall be first inspected by one or more master's departcompetent naval officers detailed in accordance with the provisions of the ment. act authorizing the detail of naval officers for the service of the War Department," approved February twelve, eighteen hundred and sixty-two, 1862, ch. 21. and all steam-vessels shall be inspected by an officer skilled in the con- Vol. xii. p. 338. struction and operation of steam machinery, in addition to the other usual inspection of such vessels: Provided, That the provisions of this section Proviso. |