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be enlisted with

parent, &c

persons contrary

Proviso; no per- Who may re-enlist into the service: And provided, also, son under 21 to That no person under the age of twenty-one years shall out consent of his be enlisted by any officer, or held in the service of the Officers enlisting United States, without the consent of his parent, guarto this act to for dian, or master, first had and obtained, if any he have; feit the bounty 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.

and clothing, &c

to each recruit.

SEC. 12. And be it further enacted, That there shall Bounty of 12 be allowed and paid to each effective able bodied citizen, recruited as aforesaid, to serve for the term of five Payment of 86 years, a bounty of twelve dollars; but the payment of six of the bounty de- dollars of the said bounty shall be deferred, until he ferred, &c. shall be mustered and have joined the corps in which he is to serve.

Arrears of pay

Bot

months.

SEC. 13. And be it further enacted, That the said corps to exceed 2 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.'

Officers and pri

be placed on the

a rate of pay to the president.

be directed by

SEC. 14. And be it further enacted, That if any offivates disabled by fer, non-commissioned officer, musician, or private, in Wounds, &c. to the corps composing the peace establishment, shall be list of invalids, at disabled by wounds or otherwise, while in the line of his duty, in public service, he shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as may be directed by the president of the United States, for the time being: Provided always, That the compensation to be allowed for such Proviso; compen- Wounds or disabilities, to a commissioned officer, shall &e, not to exceed not exceed, for the highest rate of disability, half the monthly pay of such officer at the time of his being disabled or wounded; and that no officer shall receive more Rate of compen, than the half pay of a lieutenant-colonel; and that the &c. to non con rate of compensation to non-commissioned officers, muand privates, not sicians, and privates, shall not exceed five dollars per Proviso; allow month: And provided, also, That all inferior disabilities ance in propor shall entitle the person so disabled to receive an allowdisabilities. ance proportionate to the highest disability.

sation for wounds

half pay of offi

cers, &c.

sation for wounds

missioned officers

to exceed, &c.

tion interior

Half

pay for five

dows or children

SEC. 15. And be it further enacted, That if any comyears to the wi-missioned officer in the military peace establishment of of commissioned the United States, shall, while in the service of the from wounds re- United States, die, by reason of any wound received in ceived in actual actual service of the United States, and leave a widow, or, if no widow, a child or children under sixteen years

officers dying

service, &c.

termarriage of

of age, such widow, or if no widow, such child or children, shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. But In case of the inin case of the death or intermarriage of such widow, the widow, &c. before the expiration of the said term of five years, the to go to the chilhalf pay, for the remainder of the time, shall go to the child or children of such deceased officer: Provided al- Proviso; the half ways, That such half pay shall cease on the decease of the death of the such child or children.

the half pay, &c.

dren.

pay to cease on

children.

The paymaster

duties of his office

direction of the

oath, appoint dis

&c.

SEC. 16. And be it further enacted, That the paymaster shall perform the duties of his office agreeably to the to perform the direction of the president of the United States for the agreeably to the time being; and, before he enters on the duties of the president, give same, shall give bonds, with good and sufficient sureties, bonds, take an in such sums as the president shall direct, for the faith-trict paymasters, ful discharge of his said office; and shall take an oath to execute the duties thereof with fidelity: and it shall, moreover, be his duty to appoint from the line, with the approbation of the president of the United States, the several paymasters to districts, and assistants, prescribed by this act; and he is hereby authorized to require the said paymaster to districts, and assistants, to enter into bond, with good and sufficient surety, for the faithful discharge of their respective duties.

forward military

Indians, &c.

SEC. 17. And be it further enacted, That it shall be Military agents the duty of the military agents. designated by this act, to purchase and to purchase, receive, and forward, to their proper des- stores, gods for tination, all military stores, and other articles for the troops in their respective departments, and all goods and annuities for the Indians, which they may be directed to purchase, or which shall be ordered into their care by the department of war. They shall account with the department of war, annually, for all the public property Military agents which may pass through their hands, and all the mo- ally, give bonds, neys which they may expend in discharge of the duties take an oath, &e. of their offices respectively: previous to their entering on the duties of their offices, they shall give bonds, with sufficient sureties, in such sums as the president of the United States shall direct, for the faithful discharge of the trust reposed in them; and shall take an oath faithfully to perform the duties of their respective offices.

to account annu

SEC. 18. And be it further enacted. That if any non- Non-commission commissioned officer, musician, or private, shall deserted officers and privates desertthe service of the United States, he shall, in addition to ing, &c. liable to the penalties mentioned in the rules and articles of war, term of their enbe liable to serve, for and during such a period, as shall the penalties, &c.

serve out the full

listments, besides

tried and pun

soldiers to desert,

arms, &c. or masters of ves

Deserters may be with the time he may have served previous to his de ished although the Sertion, amount to the full term of his enlistment; and term of enlist such soldier shall and may be tried by a court-martial, ment may have elapsed, &c. and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried. SEC. 19. And be it further enacted. That every person Persons enticing who shall procure, or entice, a soldier in the service of purchasing their the United States to desert, or who shall purchase from any soldier his arms, uniform clothing, or any part deserter on board thereof; and every captain or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding oflicer, shall, upon legal conviction, be fined, at the discretion of any court having cognizance of the same, in any sum not exceeding three hundred dollars, or be imprisoned, any term not excceding one year.

sels entering a

among their crews, &e. may be fined or im

prisoned.

vates to take an oath.

SEC. 20. And be it further enacted, That every officer, Officers and pri- non-commissioned officer, musician, and private, shall take and subscribe the following oath or affirmation, to wit: "I, A B, do solemnly swear, or affirm, (as the case may be) that I will bear true faith and allegiance to the United States of America, and that I will serve them Form of the oath, honestly and faithfully, against their enemies or opposers whomsoever; and that I will observe and obey the orders of the president of the United States, and the orders of the officers appointed over me, according to the rules and articles of war."

court martial is

SEC. 21. And be it further enacted, That whenever a When a general general court-martial shall be ordered, the president of ordered, the pre- the United States may appoint some fit person to act as point a judge ad- judge advocate, who shall be allowed, in addition to his vocate with addi- other pay, one dollar and twenty-five cents for every

sident may ap

tional pay, &c.

If the president

day he shall be necessarily employed in the duties of the does not appoint, said court, and in cases where the president shall not the Frigadier ge have made such appointment, the brigadier-general, or the president of the court may make the same.

eral, &c, may.

pensation for ex

SEC. 22. And be it further enacted, That where any Reasonable com- commissioned officer shall be obliged to incur any extra tra expenses in- expense in travelling, and sitting on general courtscurred by officers martial, he shall be allowed a reasonable compensation sitting on courts for such extra expense, actually incurred, not exceeding

in travelling or

martial, &c.

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.

SEC. 25. And be it further enacted, That 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.

diers honorabiv

allowed pay and

time of traveling to their respec

&c.

.allowed to officers

SEC. 24. And be it further enacted, That, whenever Officers and sole any officer or soldier shall be discharged from the ser- discharged, to be vice, except by way of punishment for any offence, he rations for the shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for tive residences, him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day. SEC. 25. And be it further enacted, That to each com- Additional pay missioned officer, who shall be deranged by virtue of deranged by this this act, there shall be allowed and paid, in addition to the pay and emoluments to which they will be entitled by law at the time of their discharge, to each officer whose term of service in any military corps of the United States shall not have exceeded three years, three months' pay; to all other officers, so deranged, one months' pay of their grades, respectively, for each year of past service in the army of the United States, or in any regiment or corps now or formerly in the service thereof.

act.

Day organize a

Corps of engi neers to be com

cers mentioned

SEC. 26. And be it further enacted, That the presi- The president dent of the United States is hereby authorized and em- corps of engi powered, when he shall deem it expedient, to organize neers, &c. and establish a corps of engineers, to consist of one engineer, with the pay, rank, and emoluments of a major;" two assistant engineers, with the pay, rank, and emolu posd of the offments of captains; two other assistant engineers, with the pay, rank, and emoluments, of first lieutenants; two other assistant engineers, with the pay, rank, and emoJuments, of second lieutenants; and ten cadets, with the Cadets and their pay of sixteen dollars per month, and two rations per pay, &c. day: and the president of the United States is. in like. The president manner, authorized, when he shall deem it proper, to may make promake such promotions in the said corps, with a view to motions in the particular merit, and without regard to rank, so as not neers with a view to particular meto exceed one colonel, one lieutenant-colonel, two marit.e. so as not jors, four captains, four first lieutenants, four second to exceed, &c. lieutenants, and so as that the number of the whole corps shall, at no time, exceed twenty officers and cadets.

corps of engi

SEC. 27. And be it further enacted, That the said The corps of encorps, when so organized, shall be stationed at West gineers to he sta Point, in the state of New York, and shall constitute a Pat, constiture

tioned at West

an academy, and military academy; and the engineers, assistant engi subject duty as neers, and cadets of the said corps, shall be subject, at

the president

may direct.

engineer to su

&c.

all times, to do duty in such places, and on such service, as the president of the United States shall direct.

SEC 28. And be it further enacted, That the principal The principal engineer, and. in his absence, the next in rank, shall perintend the mi have the superintendence of the said military academy, litary academy, under the direction of the president of the United States; and the secretary of war is hereby authorized, at the public expense, under such regulations as shall be The secretary of directed by the president of the United States, to procure the necessary books. implements, and apparatus, for the use and benefit of the said institution.

war to procure the necessary books, &c.

the purview of

SEC. 29. And be it further enacted, That so much of Acts. &c. within any act or acts, now in force, as comes within the purthis act repealed; view of this act, shall be, and the same is hereby, resaving, &c. pealed; saving, nevertheless, such parts thereof as relate to the enlistments, or term of service, of any of the troops which by this act are continued on the present military establishment of the United States.

[Approved, March 16, 1802.]

to the artillerists,

&c.

CHAPTER XLVII.

An act in addition to an act, entitled "An act fixing the military peace es tablishment of the United States."

SEC. 1. Be it enacted by the Senate and House of ReTwo teachers of presentatives of the United States of America in Congress music to be added assembled, That there be added to the regiment of artil lerists, two teachers of music, whose pay, rations, and clothing, shall be the same as is by law allowed to the teachers of music in the regiments of infantry in the service of the United States.

appoint a teacher

SEC. 2. And be it further enacted. That the president The president to of the United States be, and he is hereby, authorized to of the French appoint one teacher of the French language, and one teacher of draw teacher of drawing, to be attached to the corps of engiing, to the corps neers, whose compensation shall not exceed the pay and of engineers, &c. emolument of a captain in the line of the army.

language, and a

ing officer of the

SEC. 3. And be it further enacted, That the commandThe commanding officer of the corps of engineers be authorized to encor; s of engi list, for a term not less than three years, one artificer, neers authorized and eighteen men. to aid in making practical experiyears one artifi- nents, and for other purposes; to receive the same pay, rations, and clothing, as are allowed to the artificers and

to enlit 3

eer and eighteen men, &c.

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