(ACT of March 3d, 1813.)

ACT of January 20th, 1813. 4 Bioren, 487.

49. SEC. VI. It shall be lawful for any person, during the time he may be performing a tour of militia duty, to enlist in the regular army of the United States, and the recruiting officers are hereby authorized to enlist any such person, in the same manner, and under the same regulations, as if he were not performing such militia duty; and every person who shall enlist, while performing a tour of militia duty as aforesaid, shall be thereby exonerated from serving the remainder of said tour; and the state to which he may belong shall not be required to furnish any other person to serve in his stead.

ACT of March 3d, 1813. 4 Bioren, 518.

50. SEC. III. The commissary general of purchases and his deputies, the several officers in the quartermaster's department, the regimental quartermasters, the commissary of ordnance, his assistant and deputies, the principal hospital surgeons and officers belonging to the hospital and medical departments, and all other officers, agents, or persons, who shall have received, or may be intrusted with, any stores or supplies, of any description whatever, for the use of the army of the United States, and of the volunteers or militia in their service, shall render quarterly accounts of the disposition and state of all such stores and supplies to the superintendent aforesaid; and shall also make such other returns respecting the same, and at such other times, as the secretary for the war department may prescribe: Provided, however, That the accounts and returns thus rendered shall relate to the articles of supply only, which may have been received and disposed of, or as may remain on hand, and shall not embrace the specie accounts for moneys disbursed by such officers, agents, or other persons; which specie accounts shall be rendered, as heretofore, to the accountant for the war department.

51. SEC. IV. The officers, agents, or other persons, who may receive moneys in advance from the war department, shall render quarterly accounts to the accountant of the said department, of their specie receipts and disbursements, and shall, moreover, make such other monthly summary statements thereof to the secretary for the said department, as he may prescribe. And the quarterly accounts of supplies, or of moneys rendered as aforesaid, shall be, respectively, settled by the superintendent general of military supplies, and by the accountant of the war department, according to their respective authorities, within three months after the time when such accounts shall have, respectively, been rendered to them. 52. SEC. v. The secretary for the war department is authorized and directed to define and prescribe the species, as well as the amount, of supplies to be respectively purchased by the commissary general's and quartermaster general's departments, and the

(ACT of March 3d, 1813.)

respective duties and powers of the said departments respecting such purchases; and also to adopt and prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safekeeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may, by virtue of such regulations, be intrusted with the same. And the secretary aforesaid is also authorized to fix and make reasonable allowances for the store rent, storage, and salary of storekeepers, necessary for the safekeeping of all military stores and supplies.

SEC. VIII. The president of the United States is hereby empowered, as he may deem it expedient, either to appoint, for the time being, a special commissary or commissaries, for the purpose of supplying by purchase or contract, and of issuing, or to authorize any officer or officers in the quartermaster general's department to supply and issue, as aforesaid, the whole or any part of the subsistence of the army, in all cases where, either from the want of contractors, or from any deficiency on their part, or from any other contingency, such measure may be proper and necessary in order to ensure the subsistence of the army, or of any part thereof; and such special commissaries shall, each, whilst employed, be entitled to the pay and emoluments of a deputy quartermaster general.

53. SEC IX. The president of the United States is hereby authorized to appoint not exceeding six assistant commissaries, to be attached to such army, or to reside at such places, respectively, as the secretary for the war department may direct, for the purpose of receiving from the commissary general of purchases, or from his deputies, and of distributing to the regimental quartermasters, and to such officers as may, by the secretary aforesaid, be designated, the clothing and other supplies purchased by the commissary general aforesaid, or his deputies, and destined for the use of the troops belonging to the army, or in the vicinity of the place to which such assistant commissaries may respectively be attached. And said assistant commissaries shall, whilst employed, be entitled to the pay and emoluments of a deputy quartermaster general.

ACT of March 3d, 1813. 4 Bioren, 522.

54. SEC. II. The president of the United States is authorized, if he shall deem it expedient, to assign one of the brigadiers general to the principal army of the United States; who shall, in such case, act as adjutant and inspector general, and as chief of the staff of such army; and the quartermaster general attached to the principal army, shall, as heretofore, have the brevet rank, and the pay and emoluments of a brigadier general.

SEC. II. All the other adjutants general shall have the bre

(ACT of March 3d, 1813.)

vet rank, and the pay and emoluments, of a colonel of cavalry; all the other inspectors general and quartermasters general shall have the brevet rank, and the pay and emoluments, of a colonel of infantry; the assistant adjutants general, assistant inspectors general, deputy quartermasters general, and topographical engineers, shall have the brevet rank, and the pay and emoluments, of a major of cavalry; and the assistant topographical engineers, and assistant deputy quartermasters general, shall have the brevet rank, and the pay and emoluments, of a captain of infantry.

SEC. IV. The assistant adjutants general, the assistant inspectors general, and the assistant topographical engineers, shall be taken from the line. The adjutants general, inspectors general, quartermasters general, deputy quartermasters general, topographical engineers, and assistant deputy quartermasters general, may be taken from the line or not, as the president may deem expedient. And officers taken from the line, and transferred to the staff, shall receive only the pay and emoluments attached to the rank in the staff; but their transfer shall be without prejudice to their rank and promotion in the line according to their said rank and seniority; which promotion shall take place according to usage, in the same manner as if they had not been thus transferred.

55. SEC. v. It shall be the duty of the secretary of the war department, and he is herby authorized, to prepare general regulations, better defining and prescribing the respective duties and powers of the several officers in the adjutant general, inspector general, quartermaster general, and commissary of ordnance, departments, of the topographical engineers, of the aids of generals, and generally of the general and regimental aff; which regulations, when approved by the president of the United States, shall be respected and obeyed, until altered or revoked by the same authority. And the said general regulations, thus prepared and approved, shall be laid before congress at their next session.

56. SEC. VI. The number of assistant deputy commissaries of ordnance shall not exceed sixteen, and they shall, respectively, be entitled to the brevet rank, and to the pay and emoluments, of a first lieutenant of infantry.

57. SEC. VII. For the better superintendence and management of the hospital and medical establishment of the army of the United States, there shall be a physician and surgeon general, with an annual salary of two thousand five hundred dollars, and an apothecary general, with an annual salary of eighteen hundred dollars; whose respective duties and powers shall be prescribed by the president of the United States.

58. SEC. VIII. The forage, wagon, and barrack masters, shall be appointed as heretofore: but each quartermaster general, attached to any separate army, command, or district, shall be authorized, with the approbation, and under the direction, of the secretary of the war department, to appoint as many such officers,

(ACT of March 30th, 1814.)

and to employ as many artificers, mechanics, and laborers, as the public service may require.

59. SEC. IX. The assistant deputy quartermasters general may be appointed, and officers taken from the line and transferred to the staff may be thus transferred, by the president of the United States alone. But all other new appointments authorized by this act shall be made by the president of the United States, with the advice and consent of the senate: Provided, That, during the recess of the senate, such appointments may be made by the president alone; in which case the same shall be laid before the senate at their next session, for their advice and consent.

60. SEC. x. Every act, and every part of any act, of congress now in force, within the purview and meaning of this act, are hereby repealed.

61. SEC. XI. All letters and packets to and from the adjutant and inspector general, adjutants general, inspectors general, quartermasters general, commissary general of ordnance, physician and surgeon general, and apothecary general, which relate to their official duties, shall be free from postage.

ACT of July 22d, 1813. 4 Bioren, 562.

62. SEC. 1. All officers in the military service of the United States who are by law entitled to forage, shall receive in lieu thereof, when not drawn in kind, an equivalent in money, at the rate of eight dollars per month for each horse, to which they may be entitled: Provided, That no allowance shall be made to any officer, for more horses than he shall actually employ in the public service.

ACT of March 30th, 1814. 4 Bioren, 667.

63. SEC. I. The first, second, and third, regiments of artillery shall be formed into one corps, and organized into twelve battalions, as follows, to wit: six lieutenant colonels, six majors, twelve adjutants, twelve quartermasters, and forty-eight companies.

64. SEC. VIII. The president of the United States hereby is authorized to prescribe the quantity and kind of clothing to be issued annually to the troops of the United States.

65. SEC. IX. From and after the first day of June next, the officers of the army shall be entitled to waiters agreeable to grade, as follows: a major general four waiters; a brigadier general, three; a colonel, two; the physician and surgeon general, two; a lieutenant colonel, major, and hospital surgeon, each, one; the officers of each company, three; every commissioned officer who holds a staff appointment which gives the rank of captain, or any higher grade, one; and to every company officer who commands a separate post or detachment, one; any law or regulation heretofore existing to the contrary notwithstanding.

(ACT of March 30th, 1814.) ·

SEC. X. No officer shall be permitted to employ as a servant any soldier from the line of the army, and that the servants of officers, not exceeding the number allowed by the preceding sec- tion, shall be mustered with some corps of the army, and that, on the muster rolls formed in consequence thereof, payments shall be made in money to the officers employing them in lieu of wages, subsistence, and clothing, by the paymasters of the several corps or districts where such servants are mustered, at the rate allowed to privates of infantry, which shall be published to the army annually, by the secretary for the department of war.

66. SEC. XI. The president of the United States is 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.

67. SEC. XII. From and after the passing of this act, promotions may be made through the whole army in its several lines of light artillery, 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.

68. SEC. XIII. For the purpose of avoiding unnecessary expenses in the military establishment, the president of the United States 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.

69. SEC. XIV. Every noncommissioned officer and private of the army, or officer, noncommissioned 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.

70. SEC. XVI. 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, to

K