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president to assign to any officer of the army the duty of paymaster, who, while so assigned shall perform the same duty, give the same bond, be subject to the same liability and receive the same emoluments as are now provided for paymasters of the army: Provided, however, That the number of officers so assigned shall not exceed one for every two regiments of militia or volunteers; And provided, also, That the whole emoluments of the said officers, including their pay and allowances in the line, shall not exceed the pay and emoluments of a paymaster (1)
Of the Medical Department.*
2267 Pay and emoluments of Surgeons and assistants, qualifications of
Art. 2267. The medical department shall consist of one surgeon-general, with the annual salary of two thousand five hundred dollars ; eight surgeons, with the compensation of regimental surgeons; and forty-five assistant sur. geons, with the compensation of post surgeons. The duties of the surgeongeneral shall be prescribed by the president.(2)
2267. By act 28th June, 1832, the president is empowered, by and with the advice of the senate, to appoint four additional surgeons, and ten addi. tional surgeon's mates; and by the act of 4th July, 1836, sec. 4, to appoint three additional surgeons, and five assistant surgeons, to be attached to the medical staff of the army.
2268. No person shall receive the appointment of assistant surgeon in the army of the United States, unless he shall have been examined and approved by an army medical board, to consist of not less than three surgeons or assistant surgeons, who shall be designated for that purpose by the secretary of war; and no person shall receive the appointment of surgeon in the army of the United States, unless he shall have served at least five years as an assistant surgeon, and unless, also, he shall have been examined by an army medical board constituted as aforesaid.(3)
2269. The surgeons in the army of the United States shall be entitled to receive the pay and emoluments of a major ; and the assistant surgeons, who shall have served five years, shall be entitled to receive the pay and emolu. ments of a captain ; and those who shall have served less than five years, the pay and emoluments of a first lieutenant; and the said assistant surgeons shall be entitled to receive the same allowance for forage as they are at present entitled to.(4)
Every surgeon and assistant surgeon, who shall heve served faithfully ten years in these grades, respectively, shall be entitled to receive an increase of rations, per day, equal to the number of rations to which he may be entitled under this act.(5)
(1) Act 4th July, 1836, sec. 3.
(2) Act 24th April, 1816, sec, 6.Act 2d March, 1821, sec. 10.-Act 3d March, 1813, sec. 7.
(3) Act 30th June, 1834, sec. 1.
• The act 2d March, 1799, provides for the army hospitals. Seme portion of the act may still be in force, but much of it is obsolete.
Of Recruiting.--Desertionis, fc.-Exemption of soldiers from arrest.
Description of men who may be en- No convict to be enlisted
2273 listed-militia during tour of ser Additional penalty for desertion 2274
vice may enlist in regular army 2270 Penalty for enticing soldier to desert Bounty and pay on re-enlistment 2271 -purchasing his arms, &c. 2275 Premium and bounty for enlistment Exemption of soldiers from arrest abolished 2272 for debt
Art. 2270. The commissioned officers who shall be employed in the recruiting service, to keep up, by voluntary enlistment, the corps as aforesaid, shall be entitled to receive, for every effective able bodied citizen of the United States, who shall be duly enlisted by him, for the term of five years, and mustered, of at least five feet six inches high, and between the ages of eighteen and thirty-five years, the sum of two dollars : Provided, nevertheless, That this regulation, so far as respects the height and age of the recruit, shall not extend to musicians, or to those soldiers who may re-enlist into the service : And provided, also, That no person under the age of twenty-one years shall be enlisted by any officer, or held in the service of the United States, without the consent of his parent, guardian, or master, first had and obtained, if any he have; and if any officer shall enlist any person, contrary to the true intent and meaning of this act, for every such offence he shall forfeit and pay the amount of the bounty and clothing which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer. (1)–See article 2272 infra.
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 authorized to enlist any such person in the same manner and under the same regulations as if he were not perform. ing 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 such tour; and the state to which he may belong shall not be required to furnish any other person to serve in his stead.(2)
2271. Every able bodied musician or private soldier, who may re-enlist into his company or regiment, within two months before, or one month after, the expiration of his term of service, shall receive two months' extra pay, besides the pay and other allowances which may be due to him on account of the unexpired period of any enlistment.(3)
Every able bodied musician or soldier, who shall re-enlist into his com. pany or regiment, as specified in the third section of this act, shall receive his full pay, at the rate of six dollars per month, without any temporary deduction therefrom.(4)
2272. No premium to officers, for enlisting recruits, nor bounties to recruits for enlisting, shall be allowed after the passage of this act.(5)
2273. No person who has been convicted of any criminal offence, shall be enlisted into the army of the United States.(6)
2274. If any non-commissioned officer, musician or private, shall desert
the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve, for and during such a period as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried (1)
2275. Every person who shall procure or entice a soldier in the service of the United States to desert, or who shall purchase from any soldier his arms, uniform clothing, or any part thereof; and every captain or commanding officer of any vessel, who shall enter on board such vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any such sol. dier, or shall refuse to deliver him up to the orders of his commanding offi. cer, shall, upon legal conviction, be fined, at the discretion of any court hav. ing cognizarice of the same, in any sum not exceeding three hundred dollars, or be imprisoned any term not exceeding one year.(2)
2276. All non-commissioned officers, artificers, privates, and musicians, who are and who shall be enlisted, and the non-commissioned officers, arti. ficers, privates and musicians of the militia, or other corps, who at any time may be in the actual service of the United States, shall be exempted, during their term of service, from all personal arrests, for any debt or contract. And whenever any non-commissioned officer, artificer, private or musician, shall be arrested, whether by mesne process, or in execution, contrary to the intent hereof, it shall be the duty of the judge of the district court of the United States, and of any court or judge of a state, who, by the laws of such state, are authorized to issue writs of habeas corpus, respectively, on application by an officer, to grant a writ of habeas corpus, returnable before himself; and
upon due hearing and examination, in a summary manner, to discharge the non-commissioned officer, artificer, private or musician, from such arrest, taking common bail, if required, in any case upon mesne process, and commit him to the applicant or some other officer of the same corps.(3)
No non-commissioned officer, musician or private shall be arrested or subject to arrest, or to be taken in execution for any debt under the sum of twenty dollars, contracted before enlistment, nor for any debt contracted after enlistment.(4)
Of Pay and Subsistence, Clothing, Forage, fc.*
No assignment of pay of non-com- Pay of armorers, artificers, &c. of missioned officer or private valid 2277 ordnance department
2282 Pay of officers and privates 2278 Subsistence of officers and privates 2283 Payment—when made 2279 Ration-how composed
2284 Compensation for travelling and Augmentation of ration-when 2285
service on courts martial 2280 Substitution of malt liquor, &c. for Payment of officers transferred
2286 from the line to staff
2281 Pay and ration on discharge of of.
(1) Act 16th March, 1802, sec. 18. (2) Ibid. sec. 19.
(3) Act 3d March, 1799, sec. 4.
• The act 19th March, 1836, makes special but temporary provision for militia and volunteers called into service for repressing the hostilities of the Florida In
President may change components Provision for pay and subsistence of ration
2288 of officers and soldiers captured Allowance when troops are em
by the enemy.
2293 ployed in labour
2289 Provisions relative to forage 2294 Money value of ration
2290 Compensation to officers, militiaProvision relative to clothing of men, &c, for horses, arms, &c. troops 2291 lost in service of U. S.
2295 Seamen and marines when employ- Provision relative to waiters on ofed on shore to be provided with
2296 rations, &c. by officers of the army
2292 Art. 2277. No assignment of pay made by a non-commissioned officer or private shall be valid (1)
2278. The monthly pay of the officers, shall be as follows, to wit: each colonel, seventy-five dollars; each lieutenant colonel, sixty dollars ; each major, fifty dollars; each surgeon, forty-five dollars ; each surgeon's mate, thirty dollars, (see supra, art. 2269 ;) each adjutant, ten dollars, in addition to his pay in the line; each captain, forty dollars; each first lieutenant, thirty dollars ; each second lieutenant, twenty-five dollars; each ensign, twenty dollars ; each cadet, ten dollars.(2)
Every officer in the actual command of a company, shall be entitled to receive ten dollars per month additional pay, as compensation for his duties and responsibilities, with respect to the clothing, arms and accoutrements of the company whilst he shall be in the actual command thereof.(3)
All enlistments in the army of the United States, shall be for three years; and the monthly pay of the non-commissioned officers and soldiers, shall be as follows, viz: to each sergeant-major, quartermaster-sergeant, and chief musician, sixteen dollars; to the first sergeant of a company,
fifteen dollars; to all other sergeants, twelve dollars each; to each artificer, ten dollars; to each corporal, eight dollars, and to each musician and private soldier, six dollars; and all enlistments in the marine corps, shall be for four years; and the monthly pay of the non-commissioned officers and soldiers in said corps, shall be as follows, viz: to each sergeant-major and quartermaster-sergeant, seventeen dollars; to the drum-major, fife-major, the orderly sergeants of posts, and first sergeants of guards at sea, sixteen dollars each; to all other sergeants, thirteen dollars ; to each corporal, nine dollars ; to each musician, eight dollars; and to each private, seven dol. lars.(4)
One dollar of the monthly pay of every musician and private soldier, shall be retained until the expiration of the two first years of their enlistment, when each shall receive the twenty-four dollars retained pay, which shall have so accrued : Provided, He shall have served honestly and faithfully that portion of the term of his first enlistment.(5)
2279. The corps shall be paid in such manner that the arrears shall at no time exceed two months, unless the circumstances of the case shall render it unavoidable.(6)
2280. Where any commissioned officer shall be obliged to incur any extra expense in travelling, and sitting on general courts martial, he shall be al. lowed a reasonable compensation for such extra expense, actually incurred, not exceeding one dollar and twenty-five cents per day to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage (7) (1) Act 8th May, 1792, sec. 4.
(5) Ibid. sec. 2. (2) Act 16th March, 1802, sec. 4. (6) Act 16th March, 1802, sec. 13. (3) Act 2d March, 1827.
(7) Ibid. sec. 22.-Jan. 11, 1812. (4) Act 2d March, 1833, sec. 1.
2281. 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.(1)
2282. The pay of a master armorer shall be thirty dollars per month, and one and a half rations per day; of a master carriage-maker, thirty dollars per month, and one and a half rations per day; of a master blacksmith, thirty dollars per month, and one and a half rations per day. The pay armorers, carriage makers or blacksmiths, each sixteen dollars per month, and one and a half rations per day; the pay of artificers, thirteen dollars per month, and one ration per day; and the pay of labourers, nine dollars per month, and one ration per day; and to all the said workmen, artificers and labourers, the same clothing and other allowances as are allowed to privates of infantry in the army of the United States, except clothing to the master workmen (2)
2283. The commissioned officers shall be entitled to receive for their daily subsistence, the following number of rations of provisions : a colonel, six rations; a lieutenant colonel, five rations ; a major, four rations; a captain, three rations; a lieutenant, three rations; an ensign, three rations; a surgeon, three rations; a surgeon's mate, two rations ; a cadet, two rations ; or money in lieu thereof at the option of the said officers and cadets, at the posts, respectively, where the rations shall become due. And each non-commissioned officer, musician, and private, one ration ; to the commanding officers of each separate post, such additional number of rations as the president of the United States shall, from time to time direct, having respect to the special circumstances of each post ; to the women who may be allowed to any particular corps, not exceeding the proportion of four to a company, one ration each ; to such matrons and nurses as may be necessarily employ. ed in the hospital, one ration each.(3)
Each captain and subaltern shall be allowed an additional ration ; except the subaltern in performance of any staff duty, for which he receives an extra compensation.(4)
2284. Each ration shall consist of one pound and a quarter of beef, or three-quarters of a pound of pork, eighteen ounces of bread or flour, one gill of rum, whiskey, or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and an half of can. dles, to every hundred rations.(5)
2285. To such of the troops as are, or may be employed on the frontiers, and under such special circumstances as in the opinion of the president may require an augmentation of some parts of their rations, he may direct such augmentation as he may judge necessary, not exceeding four ounces of beef, two ounces of flour, and half a gill of rum or whiskey in addition to each ration, and half a pint of salt to one hundred rations (6)
2286. An equivalent in malt liquor or low wines may be supplied the troops of the United States, instead of the rum, whiskey, or brandy; which is made a component part of a ration, at such posts and garrisons, and at such seasons of the year, as in the opinion of the president may be neces. sary for the preservation of their health.(7)
(1) Act 3d March, 1813, sec. 4. (4) Act 2d March, 1827. (2) Act 10th Feb. 1815, sec. 11.
(5) Act 16th March, 1802, sec. 6. (3) Act 16th March, 1802, sec. 5. See (6) Act 7th June, 1794, sec. 3. Parker v. U. S. 1 Peters, 293.
(7) Act 26th March, 1804, sec. 2.