United States Statutes at Large/Volume 9/29th Congress/2nd Session/Chapter 61

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March 3, 1847.

Chap. LXI.—An Act making Provision for and additional Number of general Officers, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the The United States of America in Congress assembled,The ten regiments authorized by the act of 11th February 1847, ch. 8, to be organized. That the President of the United States be, and he is hereby, authorized to organize the ten regiments to be raised by virtue of the act of the eleventh of February, eighteen hundred and forty-seven, into brigades and divisions, either by allotting portions of the same to the brigades and divisions of the regular army or volunteer forces in the service of the United States, and, if the efficiency of the service shall require it, to appoint, by and with the advice and consent of the Senate, such Major-generals number of additional Major-generals and brigadier-generals to be appointed brigadier-generals, not exceeding three, and major-generals, not exceeding two, as the organization of the said forces may require: Provided, That each brigade shall consist of not less than three regiments, and each division of not less than two brigades:Proviso. And provided, further, That the said general officers shall be immediately discharged from the service of the United States at the close of the war with Mexico.

Sec. 2. And be it further enacted, That there shall be added to the adjutant-general’s department Three assistant adjutant-generals to be appointedone assistant adjutant-general, with the rank, pay, and emoluments of a lieutenant-colonel of cavalry, and two assistant adjutants-general, with the brevet rank, pay, and emoluments of a captain of cavalry, to be appointed by the President, by and with the advice and consent of the Senate, in the same manner, and be charged with the same duties, as those authorized by existing laws.

President authorized to accept the services of volunteers now in Mexico, and to organize the same.Sec. 3. And be it further enacted, That the President be, and is hereby, authorized to accept the services of such of the volunteers now in Mexico as, in his opinion, the state of the public service may require, and who may, at the termination of the present term, voluntarily engage to serve during the war with Mexico; and to organize the same into companies, battalions, and regiments, agreeably to existing laws, and to commission the officers for the same.

Additional pay and allowances to volunteers who shall reenter the service.Sec. 4. And be it further enacted, That, in addition to the pay and allowances provided for the volunteers now in the service of the United States, under existing laws, each volunteer who shall reenter the service under the provisions of this act, in Mexico, immediately after the close of his present term of service, shall be entitled to a bounty of twelve dollars to be paid as soon as the company shall have been duly mustered and received be [by] the mustering and inspecting officer.

Individual volunteers may be accepted to fill vacancies, &c.Sec. 5. And be it further enacted, that the President be, and he is hereby, authorized to accept the services of individual volunteers to fill vacancies which may occur by death, discharge, or other cause, in the volunteer regiments or corps now in the service of the United States, or which may be received during the existing war with Mexico.

Sec. 6. And be it further enacted, That all the officers to be appointed in the ten regiments to be raised and organized under the 1847, ch. 8.“Act to raise for a limited Time an additional military Force, and for other Purposes," shall take rank, in case of equal grade, in such mannerHow officers shall take rank as the President of the United States may direct, with regard to priority of appointment.

Number of subalterns to a companySec. 7. And be it further enacted, That to each company of said ten regiments there may be appointed the same number of subaltern officers as are provided by existing laws for the companies of volunteers whose term shall expire as provided in the fifth section of the act of eleventh of February eighteen hundred and forty-seven.1847, ch 8.

Sec. 8. And be it further enacted, That the provisions of the act approved May thirteenth, eighteen hundred and forty-six, entitled "An 1846, ch 17. Act to authorize an Increase of the Rank and File of the Army of the United States," be, and the same are hereby, made applicable to the regiment of mounted ridemen authorized by the act of the Mounted riflemenninth [nineteenth] of May, eighteen hundred and forty-six.1846, ch 22.

Teamsters for the regiments of dragoons, artillery and mounted rifiemen Sec. 9. And be it further enacted, That to each regiment of of dragoons, artillery, and mounted riflemen, in the regular army, there shall be added one principal teamster, with the rank and compensation of quartermaster-sergeant, and to each company of the same two teamsters, with the compensation of artificers.

Sec. 10. And be it further enacted, That the proviso to the second Lieutenants holding the appointments of adjutant and regimental quartermaster.section of the act approved March second, eighteen hundred and twenty-seven, entitled "An Act giving further Compensation to the Captains and Subalterns of the Army of the United States, in certain Cases," shall be so interpreted as not to include lieutenants who hold the appointments of adjutant and regimental quartermaster. 1827, ch. 42.

Sutlers to have no liens on pay of soldiers, &c. Sec. 11. And be it further enacted, That so much of any army regulation as gives to any sutler a lien upon any part of the pay of the soldiers, or a right to appear at the pay table to receive the soldier's pay from the paymaster, shall be, and the same is hereby, abrogated; and all regulations extending the rights and privileges of sutlers beyond the rules and articles of war shall be, and hereby are, abrogated.

Two deputy paymster-generals, and ten paymasters to be appointed Sec. 12. And be it further enacted, That the President of the United States be, and he hereby is, authorized, by and with the advice and consent of the Senate, to add to the pay department of the army two deputy paymaster-generals, with the pay, and allowances, each of a deputy quartermaster-general, and ten paymasters, with the pay and allowances each of a paymaster of the army; and the officers so appointed shall give such bonds as the President shall, from time to time, direct: Provided, That the deputy paymaster-generals shall, in Proviso. addition to paying troops, superintend the payment of armies in the field.

Rank of officers of the pay department. Sec. 13. And be it further enacted, That the officers of the pay department shall have rank corresponding with the rank to which their pay and allowances are assimilated: Proviso. Provided, That paymasters shall not in virtue, of such rank, be entitled to command in the line, or other staff departments of the army: Provided, also, That the right to command in the pay department, between officers having the same rank, shall be in favor of the oldest in service in the department, without regard to the date of commission under which they may be acting at the time.

Paymasters of volunteers to be nominated to the Senate Sec. 14. And be it further enacted, That all paymasters hereafter to be appointed by the President for the volunteer service of the United States shall be nominated to the Senate for confirmation to such office.

Bounty to the regiment of dragoons Sec. 15. And be it further enacted, That the non-commissioned officers, musicians, and privates of the regiment of dragoons authorized to be raised by an act entitled "An Act to raise for a limited 1847, ch. 8.Time an additional military Force and for other Purposes," shall receive the same bounty as is allowed to the non-commissioned officers, musicians, and privates of the other regiments authorized to be raised by said act.

Increase of ordnance department. Sec. 16. And be it further enacted, That the President of the of the United States be, and is hereby, authorized to add to the ordnance department, whenever he shall deem it expedient to increase the same, two captains and six first lieutenants, who shall be entitled to receive the same pay and allowances as officers of those grades, respectively, now belonging to that department, to be disbanded at the close of the war.

Brevets to non-commissioned officers.Sec. 17. And be it further enacted, That when any non-commissioned officer shall distinguish himself, or may have distinguished himself, in the service, the President of the United States shall be, and is hereby, authorized, on the recommendation of the commanding officer of the regiment to which such non-commissioned officer belongs, to attach him by brevet of the lowest grade of rank, with the usual pay and emoluments of such grade, to any corps of the army:

Proviso. Provided, That there shall not be more than one so attached to any one company at the same time; and when any private soldier shall so distinguish himself the President may in like manner grant him a certificate of merit, which shall entitle him to additional pay at the rate of two dollars per month.

Two companies to be added to each of regiments of artillery. Sec. 18. And be it further enacted, That there shall be added to each of the regiments of artillery two companies, to be organized in the same manner, and who shall receive the like pay and allowances in every respect as authorized by existing laws; and in addition to 1821, ch. 13. the four companies authorized by the act of March second, one thousand eight hundred and twenty-one, to be equipped as light artillery, Additional companies of light artillery.the President is hereby empowered, when he shall deem it necessary, to designate four other companies, one in each regiment, to be organized and equipped as light artillery; and each regiment of artillery shall be allowed two principal musicians with the rates of pay provided by law for the principal musicians in the regiments of infantry.

Pay of light artillery. Sec. 19. And be it further enacted, That the officers and men of the light artillery, when serving as such and mounted, shall receive the same pay and allowances as provided by law for the dragoons.

Allowance of additional rations for the adjutant-general and the quartermaster-general.Sec. 20. And be it further enacted, That the provisions of the sixth section of the act entitled "An Act respecting the Organization of the Army," &c, approved August twenty-third, one thousand eight hundred and forty-two, which allow additional rations to certain1842, ch 186.officers of the army, be, and the same are hereby, so extended as to embrace the quartermaster-general and adjutant-general of the army from the date of the act.

Deficient regiments to be consolidated, and supernumerary officers discharged Sec. 21. And be it further enacted, That, for the purpose of avoiding unnecessary expenses in the military establishment including volunteers, the President of the United States be, and he is hereby, authorized, in case of failure in filling the rank and file of any regiment or regiments, to consolidate such deficient regiment or regiments, and discharge all supernumerary officers; Proviso.Provided, That officers so discharged shall be allowed, in addition to the mileage already authorized by law, three months’ pay to each.

When the officers and forces authorized by this act shall be discharged Sec. 22. And be it further enacted, That all the officers appointed, and the additional force authorized to be raised under this act, shall be discharged at the close of the war with Mexico, except the officers of the ordnance authorized by the sixteenth section, and the two companies to each regiment of artillery authorized by the eighteenth section of this act.

Approved, March 3, 1847.