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RESOLUTION 20.-Approved, August 8, 1846.-Vol. 9, p. 115.

Joint Resolution directing the payment of certain volunteers and militia, under the limitations therein prescribed.

That the secretary of war be, and he is hereby, authorized and required to cause to be paid, out of any of the appropriations made by the act providing for the prosecution of the existing war between the United States of America and the Republic of Mexico, approved, May 13, 1846, to the volunteers and militia called and actually received, by virtue of the orders of General E. P. Gaines, into the service of the United States, during the present year, and discharged before joining the army, and such companies as were actually organized and rendezvoused under said call, including the two companies of Major Gally's command, and the company at Baton Rouge arsenal, and also the company of Mississippi volunteers, (Natchez Fencibles,) and also the company of Mississippi volunteers, (Pontotoc Rovers,) organized and assembled at Vicksburg, and afterward disbanded or discharged, and the company of Ohio volunteers assembled at Camp Washington, near Cincinnati, and who claim to have been mustered into service, one day's pay and allowances for every day detained in service, and the usual travelling allowances, and no more. And, further, That where states or individuals have paid the expenses or provided the means of transportation of volunteers to the place of rendezvous, and furnished subsistence or clothing, the proportional amount thus furnished to each man, not exceeding the legal allowance to each, may be charged on the pay rolls and withheld and paid to the state or individual who actually paid the same. And, further, That when surgeons and assistant surgeons have attended regiments of volunteers to the time when medical officers, duly appointed by the United States, entered upon their duties with said regiments, they may receive the same rate of compensation, and to a like number, as provided for by law. And persons doing the duties of assistant quartermasters and assistant commissaries, under like circumstances, may in like manner receive the same rate of compensation, and to a like number, as authorized by existing laws.

CHAPTER 2.-Approved, January 12, 1847.—Vol. 9, p. 117.

An Act to encourage enlistments in the regular army.

That, during the continuance of the war with Mexico, the term of enlistment of the men to be recruited for the regiments of dragoons, artillery, infantry, and riflemen of the present military establishment shall "be during the war" or five years, at the option of the recruit, unless sooner discharged.

SEC. 2. That there shall be allowed and paid to every able-bodied man who shall be duly enlisted to serve in the artillery or infantry for the term of five years or during the war, a bounty of $12; but the payment of $6 of the said bounty shall be deferred until the recruit shall have joined for duty the regiment in which he is to serve.

CHAPTER 8.-Approved, February 11, 1847.-Vol. 9, p. 123.

An Act to raise for a limited time an additional military force, and for other purposes.

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3. Additional major to each regiment authorized; whence taken. 4. Additional quartermasters authorized. 5. Discharge on termination of war. 6. Additional surgeons and assistant surgeons. 9. Non-commissioned officers, musicians, and privates, under certain circumstances, to receive a warrant for 160 acres of land. Mode of proceeding in case of death of soldier. Proviso. Proviso: That every person entitled to receive a land-warrant may receive scrip for $100, bearing six per cent. interest. Non-commissioned officers, &c., under certain circumstances, to receive a warrant for 40 acres of land, or $25 in scrip. 10. President to appoint four quartermasters.

That, in addition to the present military establishment of the United States, there shall be raised and organized, under the direction of the President, for and during the war with Mexico, one regiment of dragoons and nine regiments of infantry, each to be composed of the same number and rank of commissioned and non-commissioned officers, buglers, musicians, and privates, &c. as are provided for a regiment of dragoons and infantry, respectively, under existing laws, and who shall receive the same pay, rations, and allowances according to their respective grades, and be subject to the same regulations and to the rules and articles of war: Provided, That it shall be lawful for the President of the United States alone to appoint such of the commissioned officers, authorized by this act, below the grade of field officers, as may not be appointed during the present session: Provided, That one or more of the regiments of infantry authorized to be raised by this section, may, at the discretion of the President, be organized and equipped as voltigeurs and as foot riflemen, and be provided with a rocket and mountain-howitzer battery.

SEC. 2. That, during the continuance of the war with Mexico, the term of enlistment of the men to be recruited for the regiments authorized by this act shall be during the war, unless sooner discharged.

SEC. 3. 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 one additional major to each of the regiments of dragoons, artillery, infantry, and riflemen in the army of the United States, who shall be taken from the captains of the army.

SEC. 4. That to each of the regiments of dragoons, artillery, infantry, and riflemen there shall be allowed a regimental quartermaster, to be taken from the subalterns of the line, who shall be allowed ten dollars additional pay per month, and forage for two horses.

SEC. 5. That the said officers, musicians, and privates, authorized by this act, shall immediately be discharged from the

service of the United States at the close of the war with Mexico.

SEC. 6. That it shall and may be lawful for the President of the United States, by and with the advice and consent of the senate, to appoint one surgeon and two assistant surgeons to each regiment raised under this act.

SEC. 7. That, during the war with Mexico, it shall be lawful for the officers composing the councils of administration of the several regiments constituting a brigade, either regular or volunteer, in the service of the United States, to employ some proper person to officiate as chaplain to such brigade, and the person so employed shall, upon the certificate of the commander of the brigade, receive for his services $750, one ration, and forage for one horse, per annum: Provided, That the chaplains now attached to the regular army and stationed at different military posts may, at the discretion of the secretary of war, be required to repair to the army in Mexico, whenever a majority of the men at the posts where they are respectively stationed shall have left them for service in the field; and should any of said chaplains refuse or decline to do this, when ordered so to do by the adjutantgeneral, the office of such chaplain shall be deemed vacant, and the pay and emoluments thereof be stopped.

SEC. 8. That the President be, and he is hereby, authorized, by and with the advice and consent of the senate, to appoint two additional surgeons and twelve additional assistant surgeons in the regular army of the United States, subject to the provisions of an act entitled "An act to increase and regulate the pay of the surgeons and assistant surgeons of the army,” approved June 30th, 1834; and that the officers whose appointment is authorized by this section shall receive the pay and allowances of officers of the same grades respectively; and that the rank of the officers of the medical department of the army shall be arranged upon the same basis which at present determines the amount of their pay and emoluments: Provided, That the medical officers shall not in virtue of such rank be entitled to command in the line or other staff departments of the army.

SEC. 9. That each non-commissioned officer, musician, or private, enlisted or to be enlisted in the regular army, or regularly mustered in any volunteer company for a period of not less than twelve months, who has served or may serve during the present war with Mexico, and who shall receive an honorable discharge, or who shall have been killed, or died of wounds received or sickness incurred in the course of such service, or who shall have been discharged before the expiration of his term of service in consequence of wounds received or sickness

1 See 19 July, 1848, chap. 104.

3 See note to chap. 42, 3 Aug. 1861.

2 See Art. 4 of the Rules of War. 4 Chap. 133.

5 Not to lose theirs by being promoted, 27 May, 1848, chap. 49.

6 Surgeon's certificate of discharge to be evidence that the disability was incurred in the service: Resolution 24 May, 1848, No. 4.

incurred in the course of such service, shall be entitled to receive a certificate or warrant from the war department for the quantity of one hundred and sixty acres, and which may be located by the warrantee, or his heirs at law, at any land office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands in such district then subject to private entry; and upon the return of such certificate or warrant, with evidence of the location thereof having been legally made, to the General Land Office, a patent shall be issued therefor. That in the event of the death of any such non-commissioned officer, musician, or private, during service, or after his discharge, and before the issuing of a certificate or warrant as aforesaid, the said certificate or warrant shall be issued in favor, and inure to the benefit. of his family or relatives, according to the following rules: first, to the widow and to his children; second, his father; third, his mother. And in the event of his children being minors, then the legally-constituted guardian of such minor children shall, in conjunction with such of the children, if any, as may be of full age, upon being duly authorized by the orphans' or other court having probate jurisdiction, have power to sell and dispose of such certificate or warrant for the benefit of those interested. And all sales, mortgages, powers, or other instruments of writing, going to affect the title or claim to any such bounty right. made or executed prior to the issue of such warrant or certificate, shall be null and void to all intents and purposes whatsoever, nor shall such claim to bounty right be in any wise affected by, or charged with, or subject to, the payment of any debt or cam incurred by the soldier prior to the issuing of such certificate or warrant: Provided, That no land warrant issued under the provisions of this act shall be laid upon any lands of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation: Provided, further, That every such non-commissioned officer, musician, and private, who may be entitled, under the provi sions of this act, to receive a certificate or warrant for one hundred and sixty acres of land, shall be allowed the option to

1H ders not 'diers or volunteers to pay the register and receiver's fees see 17 May, 184, chap 44

4 And to brothers and sisters, by 27 May, 1×4× chap 49

service of the United States at the close of the war with Mexico.'

SEC. 6. That it shall and may be lawful for the President of the United States, by and with the advice and consent of the senate, to appoint one surgeon and two assistant surgeons to each regiment raised under this act.

SEC. 7. That, during the war with Mexico, it shall be lawful for the officers composing the councils of administration of the several regiments constituting a brigade, either regular or volunteer, in the service of the United States, to employ some proper person to officiate as chaplain to such brigade, and the person so employed shall, upon the certificate of the commander of the brigade, receive for his services $750, one ration, and forage for one horse, per annum: Provided, That the chaplains now attached to the regular army and stationed at different military posts may, at the discretion of the secretary of war, be required to repair to the army in Mexico, whenever a majority of the men at the posts where they are respectively stationed shall have left them for service in the field; and should any of said chaplains refuse or decline to do this, when ordered so to do by the adjutantgeneral, the office of such chaplain shall be deemed vacant, and the pay and emoluments thereof be stopped.?

SEC. 8. That the President be, and he is hereby, authorized, by and with the advice and consent of the senate, to appoint two additional surgeons and twelve additional assistant surgeons in the regular army of the United States, subject to the provisions of an act entitled "An act to increase and regulate the pay of the surgeons and assistant surgeons of the army," approved June 30th, 1834; and that the officers whose appointment is authorized by this section shall receive the pay and allowances of officers of the same grades respectively; and that the rank of the officers of the medical department of the army shall be arranged upon the same basis which at present determines the amount of their pay and emoluments: Provided, That the medical officers shall not in virtue of such rank be entitled to command in the line or other staff departments of the army.

SEC. 9. That each non-commissioned officer, musician, or private, enlisted or to be enlisted in the regular army, or regularly mustered in any volunteer company for a period of not less than twelve months, who has served or may serve during the present war with Mexico, and who shall receive an honorable discharge, or who shall have been killed, or died of wounds received or sickness incurred in the course of such service, or who shall have been discharged before the expiration of his term of service in consequence of wounds received or sickness

1 See 19 July, 1848, chap. 104.

3 See note to chap. 42, 3 Aug. 1861.

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5 Not to lose theirs by being promoted, 27 May, 1848, chap. 49.

6 Surgeon's certificate of discharge to be evidence that the disability was incurred

in the service: Resolution 24 May, 1848, No. 4.

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