off from their by the blockad ing may land and 1838. her port of destination in Mexico, by the blockading squadron, Vessels turned may land and store her cargo in any port of the United States port of destina- into which she may first enter, to be kept under the custody of tion in Mexico, the custom-house, free from duty or any other charge, except squadron, the usual storage: Provided, The said cargo be re-exported store their car within twelve months from the time of its being so stored, and the provisions of the existing laws relating to the importation of goods, with the privilege of re-exportation without the payment of duty, or with the privilege of a drawback of duty, shall be applicable to goods entered and stored under the provi sions of this act, except as is herein otherwise provided. goes in the U.S. free from duty. Proviso. Approved, July 5th, 1838. to cause patents purchasers, &c., reservation made to, or on ⚫r heads of In CHAP 161. An ACT to authorize the issuing of patents to the last bona fide transferee of reservations under the treaty between the United States and the Creek tribe of Indians which was concluded on the twenty-fourth of March, eighteen hundred and thirty-two. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress asThe President sembled, That the President of the United States be, and he is to issue to the last hereby, authorized and required to cause patents to be issued to selection or such person or persons as may be the bona fide purchaser, owner, assignee, or transferee of any selection or reservation behalf of chiefs which has been made to, or in behalf of, any chief or head of families, an Indian family, under a treaty concluded between the United treaty of March States and the Creek tribe of Indians, at Washington city, on the twenty-fourth day of March, eighteen hundred and thirtytwo, whatever may be the number of intermediate transfers or assignments: Provided, The person or persons applying for such patent or patents shall adduce satisfactory proof to the Commissioner of the General Land Office of the fairness of said several preceding transfers or assignments. dian 24, 1832. Proviso. Approved, July 5th, 1838. One company each of the regi to be organ CHAP 162. An ACT to increase the present military establishment of the United [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That there shall be added to each of the four regiments to be added to of artillery, one company, to be organized in the same manner ments of artille as authorized by existing laws, with the exceptions hereafter ized in the man- mentioned; that there be added to every company of artillery authorized sixteen privates, and to every company of infantry one sergeant with the excep, and thirty-eight privates, and that the number of second lieutenants of a company of artillery be reduced to one, and that this reduction be so made in connection with the appointment of officers to the four additional companies authorized as aforesaid, and the transfer to the Ordnance Department hereafter di ner by existing laws, named. hereafter 1838. be raised and organ sident. rected, that all the present second lieutenants shall be retained in service; and there shall be raised and organized under the direction of the President of the United States, one regiment of A regiment of infantry, to be composed of the same number and rank of offi-infantry to cers, non-commissioned officers, musicians, and privates, com-ized by the Preposing the regiments of infantry now in the service of the United' States, who shall receive the same pay and allowances, and be subject to the same rules and regulations which now apply to other regiments of infantry, as provided for in this act. SEC. 2. And be it further enacted, That the President of the United States be and he is hereby, authorized to add to the corps of engineers, whenever he may deem it expedient to increase the same, one lieutenant colonel, two majors, six captains, six first and second lieutenants; and that the pay and emoluments Pay and emoluof the said corps shall be the same as those allowed to the offi- ments. cers of the regiment of dragoons. The President authorized to in crease the corps of engineers. SEC. 3. And be it further enacted, That so much of the act passed the twenty-ninth day of April, one thousand eight hundred and twelve, entitled "An act making further provision for the corps of engineers," as provides that one paymaster shall be taken from the subalterns of the corps of engineers, be, and the same is hereby repealed; and that the paymaster so author- Paymaster for ized and provided be attached to the pay department, and be in eers, to be at every respect, placed on the footing of other paymasters of the tached to the pay army. dep't., &c. neers, organiza SEC. 4. And be it further enacted, That the corps of topo- Corps of topographical engineers shall be organized and increased by regular graphical eng promotions in the same, so that the said corps shall consist of tion and increase one colonel, one lieutenant colonel, four majors, ten captains, ten first lieutenants, and ten second lieutenants. of. SEC. 5. And be it further enacted, That vacancies created How vacancies by said organization, over and above those which can be filled in, are to be filled. by the present corps, shall be taken from the army, and from such as it may be deemed advisable of the civil engineers employed under the act of the thirtieth of April, eighteen hundred and thirty-four; that the pay and emoluments to the officers of Pay and emolusaid corps shall be the same as are allowed to officers of similar menis. rank in the regiments of dragoons. in act 30 April, SEC. 6. And be it further enacted, That the authority to Authority given employ civil engineers, in the act of the thirtieth of April, eight-1824 to employ een hundred and twenty-four, be and the same is hereby repealed civil engineers, after the passage of this act. repealed. authorized to ap tants general as cessary, &c. SEC. 7. And be it further enacted, That the President of The President the United States shall be and he is hereby, authorized to ap- point so many point so many assistant adjutants general, not exceeding two assistant adju with the brevet rank, pay, and emoluments of a major, and not he may deem no exceeding four, with the brevet rank, pay and emoluments of a captain of cavalry, as he may deem necessary; and that they. shall be taken from the line of the army, and in addition to their own, shall perform the duties of assistant inspectors general when the circumstances of the service may require. SEC. 8. And be it further enacted, That the officers to be 1838. taken from the taken from the line and transferred to the staff, under the last Pay and emolu- preceding section, shall receive only the pay and emoluments ments of officers attached to their rank in the staff; but their transfer shall be line and trans- without prejudice to their rank and promotion in the line, acTheir rank and cording 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. ferred to the staff; promotion. authorized to add The President SEC. 9. And be it further enacted, That the President of to the quarter. the United States be and he is hereby authorized, by and with master's depart the advice and consent of the Senate, to add to the quarter ment Rank. Pay and emoluments. Proviso. Qr. Mr. Genl. authorized to em masters. Pay, &c. master's department not exceeding two assistant quartermasters general with the rank of colonel, two deputy quartermasters general, with the rank of lieutenant colonel, and eight assistant quartermasters with the rank of captain; that the assistant quartermasters now in service shall have the same rank as is provided by this act for those hereby authorized; and that the pay and emoluments of the officers of the quartermasters department, shall be the same as are allowed to officers of similar rank in the regiments of dragoons: Provided, That all appointments in the quartermaster's department shall be made from the army, and when officers taken for such appointments hold rank in the line, they shall thereupon relinquish said rank, and be separated from the line of the army; and that promotion in said department shall take place as in regiments and corps. SEC. 10. And be it further enacted, That the quartermaster ploy forage-mas. general be and he is hereby authorized from time to time, to ters and wagon- employ as many forage-masters and wagon-masters as he may deem necessary for the service, not exceeding twenty in the whole, who shall be entitled to receive each forty dollars per month, and three rations per day, and forage for one horse; and neither of whom shall be interested or concerned, directly or indirectly in any wagon or other means of transport employed by United States, nor in the purchase or sale of any property procured for or belonging to the United States, except as an agent for the United States. Increase of the commissariat of subsistence. Pay of stewards of hospitals. The President authorized to in SEC. 11. And be it further enacted, That there be added to the commissariat of subsistence one assistant commissary general of subsistence with the rank pay and emoluments of a lieutenant colonel of cavalry; one commissary of subsistence with the rank pay and emoluments of a quartermaster of the army; and three commissaries of subsistence with the rank, pay and emoluments of assistant quartermasters. SEC. 12. And be it further enacted, That the stewards of hospitals at posts of more than four companies be hereafter allowed the pay clothing and rations of a sergeant of ordnance, and, at all other posts, the pay, clothing and rations of the first sergeant of a company of infantry. SEC. 13. And be it further enacted, That the President of crease the ord- the United States, be and he is hereby authorized to add to the ordnance department, whenever he may deem it expedient to increase the same, by and with the advice of the Senate; two nance department; 1838. majors, and that he be further authorized to transfer ten first lieutenants and ten second lieutenants from the artillery to the ordnance department and that the pay and emoluments of the Pay and emoofficers of the said department shall be the same as those allowed to the officers of the regiment of dragoons. luments. be given to the 1832 with of officers of ordnance depart al command of a SEC. 14. And be it further enacted, That so much of the, Construction to fourth section of the act passed fifth of April eighteen hundred 4th sec. act. 5th and thirty-two for the organization of the ordnance depart-regard to the pay ment, as authorizes the officers of ordnance to receive the same pay and emoluments now allowed artillery officers, shall be ment in the actu construed to include the ten dollars per month additional pay company. to every officer in the actual command of a company, as compensation for the duties and responsibilities with respect to clothing, arms, and accoutrements of the company, under the authority of the second section of the act passed second of March eighteen hundred and twenty-seven, giving further compensation to the captains and subalterns of the Army of the United States in certain cases: Provided, That the officers of Provisa the ordnance department claiming the compensation for such duties and responsibilities shall have been actually in the command of enlisted men of the ordnance equal to a company of artillery and thereby incurred the aforesaid responsibilities. SEC. 15. And be it further enacted That every commissioned an additional raofficer of the line or staff exclusive of general officers shall be years service. entitled to receive one additional ration per diem for every five years he may have served or shall serve in the army of the United States: Provided That in certain cases where officers are entitled to and receive double rations, the additional one allowed in this section shall not be included in the number to be doubled. All commissionline or staff, ex ed officers of the cept general officers, to receive tion for every five Provise. the army to be for five years. missioned officers SEC. 16. And be it further enacted, That from and after the Enlistments in passing of this act, all enlistments in the Army of the United States shall be for five years, and that the monthly pay of noncommissioned officers and soldiers shall be as follows: to each sergeant major, quartermaster sergeant, and chief musician, Pay of non-comseventeen dollars, to each first sergeant of a company, sixteen and soldiers. dollars; to all other sergeants, thirteen dollars; to each artificer, eleven dollars; to each corporal, nine dollars; and to each musician and private soldier, eight dollars; Provided Proviso. that two dollars per month of said pay be retained until the expiration of his term of service. sugar and coffee SEC. 17. And be it further enacted, That the allowance of Allowance of sugar and coffee to the non-commissioned officers, musicians in lieu of spirit and privates, in lieu of the spirit or whiskey component part of or whiskey. the army ration, now directed by regulation, shall be fixed at six pounds of coffee and twelve pounds of sugar to every one hundred rations, to be issued weekly when it can be done with convenience to the public service, and, when not so issued, to be paid for in money. Employment of persons to act as shall also per SEC. 18. And be it further enacted, That it shall be lawful for the officers composing the council of administration at any chaplains, who post, from time to time, to employ such person as they may form the duties of schoolmasters. 1838. Pay, &c. mistry,mineralo be appointed, his think proper to officiate as chaplain who shall also perform the duties of schoolmaster at such post; and the person so employed shall, on the certificate of the commanding officer of the post, be paid such sum for his services, not exceeding forty dollars per month, as may be determined by the said council of administration, with the approval of the Secretary of War; and, in addition to his pay, the said chaplain shall be allowed four rations per diem, with quarters and fuel. An additional SEC. 19. And be it further enacted, That an additional proProfessor of chefessor be appointed to instruct in the studies of chemistry, minegy and geology to ralogy, and geology with the pay and emoluments now allowed pay and emolu- to the professor of mathematics; and that the Secretary of War may assign to the said professor an assistant, to be taken from the officers of the line or cadets: which assistant professor will professor, his pay receive the pay and emoluments allowed to other assistant proand emoluments. fessors. ments. Assistant to said Paymaster's SEC. 20. And be it further enacted, That whenever suitable non-commissioned officers or privates cannot be procured from the line of the army to serve as paymaster's clerks, paymasters loved, how be and hereby are authorized and empowered by and with the approbation of the Secretary of War to employ citizens to perform that duty, at salaries not to exceed five hundred dollars per annum, each. laries. their sa Letters and packages on pub SEC. 21. And be it further enacted, That all letters and lic business to be packages on public business, to and from the commanding free of postage. general, the colonel of ordnance, the surgeon general, and the head of the topographical corps, shall be free from postage. SEC. 22. And be it further enacted, That the President shall be and he is hereby authorized, whenever he may deem the same expedient, to cause not exceeding two of the regiments of infantry to be armed and equipped and to serve as a regiRegiment of ment of riflemen, and one other of the regiments of infantry to be armed and equipped and to serve as a regiment of light infantry. riflemen. Regiment light infantry. of Acts inconsist SEC. 23. And be it further enacted, That all acts and parts ent with this act of acts inconsistent with the provisions of this act, shall be and repealed. the same are hereby repealed. Pay of the of and medical department. shall SEC. 24. And be it further enacted, That hereafter the of ficers of the pay ficers of the pay and medical departments of the army receive the pay and emoluments of officers of cavalry of the same grades respectively, according to which they are now paid by existing laws. 1 authorized to ap volunteers or mi into service, &c. The President SEC. 25. And be it further enacted, That when volunteers point additional or militia are called into the service of the United States, so paymasters when that the paymasters authorized by law shall not be deemed litia are called sufficient to enable them to pay the troops with proper punctuality it shall be lawful for the President to appoint as many additional paymasters as he shall deem necessary, who shall Their duties, perform the same duty, give the same bond, be subject to the same liability, and receive the same pay and emoluments, as are now provided for paymasters of the army: provided, however, That the number so appointed shall not exceed one for hiabilities, pay, &c. Proviso. |