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the act of the second of March, one thousand eight hundred and nineteen, entitled "An act to regulate the pay of the army when on fatigue duty."

[Approved, May 19, 1846.]

CHAPTER 28.-Approved, June 17, 1846.-Vol. 9, p. 17.

An Act making alterations in the pay department of the army.

1. Three additional paymasters to be appointed. 2. Duties, compensation, &c. Bonds of.

That the President of the United States be, and he is hereby, authorized. by and with the advice and consent of the senate, to appoint three additional paymasters, to be attached to the pay department of the army.

2

SEC. 2. That the officers appointed in virtue of this act shall perform the same duties,3 receive the same pay and allowances, as the present paymasters of the army, and shall, in like manner, be subject to the rules and articles of war; and, previous to entering upon the duties of their office, shall give such bonds to the United States as the secretary of war may direct, for the faithful performance of their duties.

CHAPTER 29.-Approved, June 18, 1846.—Vol. 9, p. 17.

An Act supplemental to an Act entitled "An Act providing for the prosecution of the existing war between the United States and the Republic of Mexico,” and for other purposes.

7. Promotions and appointments. 8. Aids-de-camp, whence to be taken. Military secretary. 9. Allowance for clothing. 10. Subsistence and forage of volunteers and militia. 11. Enlistments for ordnance department authorized.

That the President of the United States be, and he hereby is, authorized to appoint, by and with the advice and consent of the senate, one majorgeneral, and two brigadier-generals, in addition to the present military establishment: Provided, That when the war with Mexico shall be terminated by a definitive treaty of peace, duly concluded and ratified, the num

1 Chap. 45; and see sec. 6, chap. 247, 4 August, 1854.

2 Continued in new organization, 2 March, 1849; two more appointed, 3 March, 1847.

3 See act 24 April, 1816, chap. 69, sec. 3 and 4.

4 See 4th section of 24 April, 1816, chap. 69.

5 See 19 July, 1848, chap. 104, sec. 1, repealing.

ber of major-generals in the army shall be reduced to one, and the number of brigadier-generals shall be reduced to two; and the President of the United States is authorized and directed to select from the whole number which may then be in office, without regard to the date of their commissions, the number to be retained, and cause the remainder to be discharged from the service of the United States.

SEC. 2. That the President of the United States be, and he hereby is, authorized to call into the service, under the act approved May 13, 1846,1 such of the general officers of the militia as the service, in his opinion, may require, and to organize into brigades and divisions the forces authorized by said act, according to his discretion.

SEC. 3. That the field and staff of a separate battalion of volunteers, under the said act, shall be one lieutenant-colonel or major, one adjutant, with the rank of lieutenant, one sergeant-major, one quartermaster-sergeant, and a chief bugler or principal musician, according to corps.

SEC. 4. That the President of the United States may limit the privates in any volunteer company, according to his discretion, at from sixty-four to one hundred; and that with every volunteer company an additional second lieutenant may be allowed and accepted.2

SEC. 5.3 That when volunteers or militia are called into the service of the United States in such numbers that the officers of the quartermaster, commissary, and medical departments, authorized by law, be not sufficient to provide for supplying, quartering, transporting, and furnishing them with the requisite medical attendance, it shall be lawful for the President to appoint, with the advice and consent of the senate, as many additional officers of said departments as the service may require, not exceeding one quartermaster and one commissary for each brigade, with the rank of major, and one assistant quartermaster, with the rank of captain, one assistant commissary, with the rank of captain, one surgeon, and one assistant surgeon, for each regiment; the said quartermasters and commissaries, assistant quartermasters and assistant commissaries, to give bonds, with good and sufficient sureties, for the faithful performance of their duties; and they and the said surgeons and assistant surgeons to perform such duties as the President shall direct: Provided, That the said officers shall be allowed the same pay and emoluments as are now allowed to officers of the same descriptions and grades in those departments, respectively; that they be subject to the rules and articles of war, and continue in service only so long as their services shall be required, in connection with the militia and volunteers.

SEC. 6. That the President of the United States be, and he hereby is, authorized to appoint as many additional assistant adjutant-generals, not exceeding four, as the service may require; who shall be appointed, by and with the advice and consent of the senate, in the same manner, have the same brevet rank, pay, and emoluments, and be charged with the same duties, as those now authorized by law: Provided, That these additional appointments shall continue only so long as the exigencies of the service may render necessary.

1 To carry on and conclude the Mexican war, chap. 16.

2 These provisions were regarded as temporary; see 17 June, 1850, chap. 20.

3 This is very like a general enactment, but was regarded as temporary.

4 Three more, by 3 March, 1847. By act of 5 July, 1838, there were six; and see organization of, also, chap. 42, sec. 2, 3 August, 1861.

Of captains of cavalry, 5 July, 1838, chap. 162, sec. 7; majors by chap. 200, July, 1862.

6 Inspectors-general when required, 5 July, 1838.

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.

3 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.

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, 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 depart ment, 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.

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

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