the additional duty having been previously paid or secured as aforesaid, the owner, agent, or superintendent thereof shall forfeit and pay the sum of one hundred dollars, together with double the amount of the said additional duties.

SEC. 9. And be it further enacted, That all the provisions of this act shall be deemed to apply to any still or boiler, or other vessel, used in distillation, which shall be employed in the rectification of spirituous liquors.

Licenses for SEC. 10. And be it further enacted, That any license heretofore or distilling from hereafter granted for employing a still, boiler, or other vessel, in distilling domestic, extended to for spirits from foreign materials, shall authorize the distilling spirits from eign materials. domestic materials also.

Discount al

SEC. 11. And be it further enacted, That a deduction at the rate of lowed for pay-eight per centum shall be made from the duty payable for a license to ing the duty distil spirituous liquors, on the payment thereof at the time of obtaining the same, whether the same be payable on a credit or not, according to the provisions of this act.

upon obtaining license.

Distillers au

thorized to sell in quantities not less than a gal lon, without li

cense.

Provisions of

a former act

adopted by this. Act of Aug. 3,

1513, ch. 56.

Duty of the collectors to make collections, &c.

SEC. 12. And be it further enacted, That in future it shall be lawful for the distiller or distillers of domestic spirits, and all persons from whose materials such spirits shall be distilled, to sell without a license, by retail, any quantity thereof, not less than one gallon.

SEC. 13. And be it further enacted, That the several provisions of "An act making further provision for the collection of internal duties, and for the appointment and compensation of assessors," passed on the second day of August, one thousand eight hundred and thirteen, shall, and are hereby declared to apply in full force to the duties laid by, and to be collected under, this act, the same as if such duties and this act were recognised therein; which said duties shall be collected by the same collectors, in the same manner, for the same commissions, and under the same directions, as are thereby established in relation to the other internal duties: and all the obligations, duties and penalties thereby imposed upon collectors, are hereby imposed upon the collectors of the duties laid by this act.

SEC. 14. And be it further enacted, That it shall be the duty of the collectors aforesaid, in their respective districts, and they are hereby authorized to collect the duties imposed by this act, and to prosecute for the recovery of the same, and for the recovery of any sum or sums which may be forfeited by virtue of this act. And all fines, penalties and forfeitures, which shall be incurred by force of this act, shall and may be sued for and recovered in the name of the United States by bill, plaint, information or action of debt, one moiety thereof to the use of the United States, and the other moiety thereof to the use of the person who, if a collector, shall first discover, if other than a collector, shall first inform of the cause, matter or thing, whereby any such fine, penalty or forfeiture, shall have been incurred, unless the breach of this act, for which such fine, penalty, or forfeiture may be incurred, cannot be established without the testimony of such collector or other informant, in which case the whole of such fine, penalty or forfeiture shall be to the use of the United States.

APPROVED, April 19, 1816.

STATUTE I.

April 20, 1816.

[Obsolete.]

Act of March

CHAP. LXIII.-An Act, further supplementary to the act, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi territory."

Be it enacted by the Senate and House of Representatives of the United 31, 1814, ch. 39. States of America, in Congress assembled, That every person or persons claiming public lands in the Mississippi territory, under the act or pre

tended act of the state of Georgia, passed January the seventh, one thousand seven hundred and ninety-five, who have not duly released their claims to the United States, so as to entitle them to the indemnification provided by the act of Congress, passed the thirty-first day of March, one thousand eight hundred and fourteen, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi territory," and the acts supplementary thereto, shall be allowed further time to execute and file with the commissioners appointed to decide on such claims, good and sufficient legal releases of their claim, as by said acts are required, until the first Monday of March next. And the commissioners aforesaid are hereby authorized and empowered to decide on such claims, and to adjudge to every such claimant or claimants the proportion of indemnification to which he or they may be respectively entitled.

SEC. 2. And be it further enacted, That the commissioners aforesaid shall be, and they are hereby authorized, in all cases where they shall direct suits to be commenced for the recovery of money fraudulently withdrawn from the treasury of Georgia, to transmit to the counsel or attorney appointed to institute and conduct such suits or prosecutions, all original papers or documents in their possession, that may furnish evidence to sustain the same.

SEC. 3. And be it further enacted, That there shall be allowed and paid, out of the treasury of the United States, to each of the said commissioners and their secretary, the further sum of one thousand dollars, as a compensation for the additional services required by this act. APPROVED, April 20, 1816.

April 20, 1816.

Officers of the

militia after May 1, 1816.

Act of May

CHAP. LXIV.—An Act concerning field officers of the militia. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the first day of May next, instead of one lieutenant colonel commandant to each regiment, and one major to each battalion of the militia, as is provided by the act entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the 8, 1792, ch. 33. United States," approved May the eighth, one thousand seven hundred and ninety-two, there shall be one colonel, one lieutenant colonel and one major to each regiment of the militia, consisting of two battalions. Where there shall be only one battalion, it shall be commanded by a major: Provided, that nothing contained herein shall be construed to annul any commission in the militia which may be in force, as granted by authority of any state or territory, in pursuance of the act herein recited, and bearing date prior to the said first day of May next. APPROVED, April 20, 1816.

CHAP. LXV.—An Act respecting the late officers and crew of the sloop of war

Wasp.

Whereas, there is reason to apprehend that the sloop of war Wasp, an armed ship of the United States, and lately commanded by Captain Johnson Blakely, is lost:

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there be allowed and paid to the representatives of Captain Johnson Blakely, and of each of the officers and crew aforesaid, as is hereinafter directed, twelve months' wages; and that there be paid to the aforesaid representatives,

Fifty thousand

dollars to be distributed as prize money.

How the dis

made.

and to the survivors of said officers and crew, if such there be, the sum of fifty thousand dollars, to be distributed as prize money for the capture and destruction, by said sloop of war, of the British armed vessels ReinIdeer and Avon.

SEC. 2. And be it further enacted, That the distribution of said wages tribution is to be and compensation shall be as follows, viz: one third to the widow, and two third parts to the children of the deceased; and in case there be no child, the whole to the widow; and if there be no widow, then to the child or children; and if there be neither widow nor child, then to the parent or parents; and if there be no parent, then to the brothers and sisters; and if there be neither brother nor sister, then such share or shares not claimed as aforesaid, shall be and remain part of the navy pension fund; and the sums aforesaid shall be paid out of any moneys in the treasury not otherwise appropriated: Provided, that in all cases in which there shall be only one child, the widow shall have an equal share with the child.

Shares not called for to go into the navy pension fund.

Proviso.

Prize agent to be appointed

under this act.

SEC. 3. And be it further enacted, That the Secretary of the Navy be, and he is hereby authorized and required to appoint a prize agent, whose duty it shall be to disburse the moneys aforesaid, or to refund any balance thereof, under such rules and regulations as the said secretary may prescribe; and that all moneys not claimed by virtue of this act within two years from the day when said sums shall be put at the disposal of the said prize agent, shall be deemed and held a part of the navy pension fund.

APPROVED, April 20, 1816.

STATUTE I.

April 24, 1816. CHAP. LXVII.-An Act authorizing the President of the United States to lease the saline near the Wabash river, for a term not exceeding seven years.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby authorized to lease the United States' saline, near the Wabash river, for a term not exceeding seven years, from and after the end of the present term, on such conditions as will ensure the working the same most extensively and most advantageously to the United States.

APPROVED, April 24, 1816.

STATUTE I.

April 24, 1816. CHAP. LXVIII.-An Act to increase the pensions of invalids in certain cases; for the relief of invalids of the militia; and for the appointment of pension agents in those states where there is no commissioner of loans. (a)

Rates of pen

ed by disabilities.

Be it enacted by the Senate and House of Representatives of the sions apportion- United States of America, in Congress assembled, That all persons, of the ranks hereinafter named, who are now on the military pension roll of the United States, shall, from and after the passage of this act, be entitled to, and receive, for disabilities of the highest degree, the following sums, in lieu of those to which they are now entitled, to wit: a first lieutenant, seventeen dollars; a second lieutenant, fifteen dollars; a third lieutenant, fourteen dollars; an ensign, thirteen dollars; and a non-commissioned officer, musician or private, eight dollars per month; and for disabilities of a degree less than the highest, a sum proportionably less.

SEC. 2. And be it further enacted, That all persons of the aforesaid ranks, who may hereafter be placed on the military pension roll of the

(a) Act of March 3, 1817, ch. 64.

Acts of March 3, 1819, ch. 81, 91, 94.

United States, shall, according to their ranks and degrees of disabilities, be placed on at the aforesaid rates of pensions in lieu of those heretofore established: Provided, That nothing herein contained shall be construed to lessen the pension of any person who, by special provision, is entitled to a higher pension than is herein provided.

SEC. 3. And be it further enacted, That all laws and regulations relating to the admission of the officers and soldiers of the regular army to be placed on the pension roll of the United States shall, and they are hereby declared to relate equally to the officers and soldiers of the militia, whilst in the service of the United States.

SEC. 4. And be it further enacted, That the Secretary for the department of War be, and he is hereby authorized and required to appoint some fit and proper person in those states and territories where there is no commissioner of loans, and also in the district of Maine, to perform the duties in those states and territories, and in said district respectively, relating to pensions and pensioners, which are now required of said commissioners in their respective states. APPROVED, April 24, 1816.

CHAP. LXIX.—An Act for organizing the general staff, and making further provisions for the army of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in addition to the act providing for a military peace establishment, the provisions of the act of March the third, one thousand eight hundred and thirteen, for the better organization of the general staff be, and the same are hereby so far established, that the general staff shall in future consist of one adjutant and inspector general of the army, and one adjutant general, one inspector general, three topographical engineers, and one quartermaster general, with one deputy quartermaster general to a division; and an assistant of each to every brigade, which shall supersede the brigade quartermasters and inspectors now existing; and that the apothecary general, as hereto fore authorized, be allowed two assistant apothecaries.

SEC. 2. And be it further enacted, That the medical staff shall be so extended, that there shall be four hospital surgeons, and eight hospital surgeon's mates to each division, with as many post surgeons as the service may require, not exceeding twelve to each division, who shall receive the same pay and emoluments as hospital surgeon's mates, that there be three judge advocates to each division, and one chaplain to each brigade of the army, who shall receive the pay and emoluments of major, as heretofore allowed.

and

SEC. 3. And be it further enacted, That the pay department shall consist of one paymaster general of the army, with the annual salary of two thousand five hundred dollars, and that in addition to regimental paymasters, (a) there be appointed one paymaster to each battalion of the corps of artillery, who, as well as the regimental paymasters, in addition to the regular and punctual payment of their respective regiments or corps, shall discharge the duties of district paymasters within such district as shall from time to time be assigned them by the paymaster general, under the direction of the Secretary of War. Provided, That regimental and battalion paymasters may be taken either from the subalterns of the army, or citizens, and appointed by the President of the United States. Provided also, That regimental and battalion paymasters shall receive the pay and emoluments of major, and shall each be allowed a capable non

(a) Paymaster in the army of the United States.-A paymaster in the army of the United States, appointed under the act of Congress passed April 24, 1816, is entitled to the pay and emoluments of a major of infantry, and not to that of a major of cavalry. Wetmore v. The United States, 10 Peters, 647. VOL. III.-38

Duty of the regimental and battalion paymasters in mak

ing returns, &c.

Purchasing department.

Proviso.

All officers of the pay, commissary, and

quartermaster's departments to give bonds and security, and to

be subject to the rules and articles of war.

Proviso.

President may prescribe the quantity and kind of clothing. Proviso.

Proviso.

At what rate soldiers discharged are to be paid for deficient articles of clothing.

Pay and emoluments of the

commissioned officer as clerk, who, while so employed, shall receive double pay, and the actual expense of transportation while travelling under orders in the discharge of his duty.

SEC. 4. And be it further enacted, That it shall be the duty of the regimental and battalion paymasters to pay all the regular troops; and to ensure punctuality and responsibility, correct reports shall be made to the paymaster general once in two months, showing the disposition of the funds previously transmitted, with accurate estimates for the next payment of such regiment, garrison or department, as may have been assigned to each, and whenever any paymaster shall fail to transmit such estimate, or neglect to render his vouchers to the paymaster general for settlement of his accounts, more than six months after receiving funds, he shall be recalled, and another appointed in his place.

SEC. 5. And be it further enacted, That the purchasing department shall consist of one commissary general of purchases, as heretofore authorized, with the annual salary of three thousand dollars, and one deputy commissary to each division, with the annual salary of two thousand dollars, and six assistant commissaries of issues, with the annual salary of one thousand three hundred dollars, and as many military storekeepers as the service may require, whose salaries shall be regulated by the Secretary of War, according to the duty they may perform: Provided, That the pay and emoluments shall not exceed that of a captain of infantry. SEC. 6. And be it further enacted, That all officers of the pay, commissary and quartermaster's department, shall, previous to their entering on the duties of their respective offices, give good and sufficient bonds to the United States, fully to account for all moneys and public property which they may receive, in such sum as the Secretary of War shall direct. And all paymasters, commissaries and storekeepers, shall be subject to the rules and articles of war, in the same manner as commissioned officers: Provided also, That all officers of the pay and commissary's departments be submitted to the Senate for their confirmation, in the same manner as the officers of the army.

SEC. 7. And be it further enacted, That the President of the United States be, and he hereby is authorized to prescribe the quantity and kind of clothing to be issued annually to the troops of the United States. Provided, That whenever more than the authorized quantity is required the value of the extra articles shall be deducted from the soldiers' pay, and in like manner the soldiers shall receive pay, according to the annual estimated value for such authorized articles of uniform as shall not have been issued to him in each year. Provided also, That the manner of issuing and accounting for clothing, shall be established in the general regulations of the war department.

SEC. 8. And be it further enacted, That in all cases where a soldier of the regular army shall have been discharged from the service of the United States, and clothing shall be due to said soldier, it shall be the duty of the paymaster general to cause the same to be paid for according to the price paid in the seventh section of this act.

SEC. 9. And be it further enacted, That the several officers of the staff shall respectively receive the pay and emoluments, and retain all the privileges secured to the staff of the army, by the act of March third, one 1813, ch. 52. thousand eight hundred and thirteen, and not incompatible with the pro

several officers

of the staff.

visions of this act; and that the regulations in force before the reduction of the army, be recognised, as far as the same shall be found applicable to the service, subject however to such alterations as the Secretary of War may adopt, with the approbation of the President.

SEC. 10. And be it further enacted, That the officers of the staff, provisionally retained by the President, and in this act enumerated and made permanent, be recognised in service under this act, and that the garrison surgeons and mates be hereafter considered as post surgeons; and here