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of the ordnance department, stating all damages to arms, equipments, and implements, belonging to his command, noting those occasioned by negli gence or abuse, and naming the officer or soldier by whose negligence or abuse the said damages were occasioned.(1)
2244. The colonel of the ordnance department shall make, half yearly, to the war department, or oftener, if the secretary for that department shall so direct, a correct report of the officers, and all artificers, and labourers, in his department; also, of all arms, ordnance, military stores, implements, and apparatus, of every description, and in such form as the secretary for the department of war shall direct.(2)
2245. The colonel of the ordnance departinent, under the direction of the secretary for the department of war, is hereby authorized to draw up a system of regulations for the government of the ordnance department, forms of returns and reports, and for the uniformity of manufactures of all arms, ordnance, ordnance stores, implements, and apparatus, and for the repairing and better preservation of the same.(3)
2246. Each regiment of infantry shall consist of one colonel, one lieutenant colonel, one major, one sergeant-major, one quartermaster-sergeant, two principal musicians, and ten companies; each of which shall consist of one captain, one first lieutenant, one second lieutenant, three sergeants, four corporals, two musicians, and forty-two privates; and to each regiment of artillery and infantry, there shall be one adjutant, who shall be taken from the subalterns of the line.(4)
2247. The corps of engineers (bombarders excepted,) and the topographical engineers, and their assistants, shall be retained in service.(5)
The corps of engineers, shall consist of one engineer, with the pay, rank, and emoluments, of a major; two assistant engineers, with the pay, rank, and emoluments, of captains; two other assistant engineers, with the pay, rank, and emoluments, of first lieutenants; two other assistant engineers, with the pay, rank, and emoluments, of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: and the president may, when he shall deem it proper, make promotions in the said corps, with a view to particular merit, and without regard to rank, so as not to exceed one colonel, one lieutenant-colonel, two majors, four captains, four first lieutenants, and four second lieutenants.(6)
There shall be added to the corps of engineers two captains, two first lieutenants, two second lieutenants, with the usual pay and emoluments, according to their grades, respectively, and one paymaster, to be taken from the subalterns of engineers, with the pay and emoluments of a regimental paymaster.(7)
2248. Topographical engineers shall have the brevet rank and the pay and emoluments of a major of cavalry, and the assistant topographical engineers, the brevet rank, pay and emoluments of a captain of infantry, and the assistant topographical engineers shall be taken from the line.(8)
(1) Act 8th Feb. 1815, sec. 7. (2) Ibid. sec. 8.
(3) Ibid. sec. 10.
Act 2d March, 1821, sec. 2. cl. 2.
(5) Ibid. sec. 3.
(6) Act 16th March, 1802, sec. 26.
Of the Adjutant and Inspectors-General.
ART. 2249. There shall be one adjutant-general, and two inspectors-general, with the rank, pay, and emoluments, of colonels of cavalry.(1)
The adjutant-general and inspectors-general, may be taken from the line or not, as the president may deem expedient.(2)
The president may appoint from the captains and subalterns of the line, so many sub-inspectors as the service may require, not exceeding one to each brigade, who shall receive twenty-four dollars per month in addition to their pay in the line.(3)
ART. 2250. There shall be one quartermaster-general; there shall be two quartermasters, with the rank, pay, and emoluments of majors of cavalry; and ten assistant quartermasters, who shall, in addition to their pay in the line, receive a sum not less than ten dollars, nor more than twenty dollars per month, to be regulated by the secretary of war.(4)
The quartermaster-general shall be entitled to the rank, pay, and emoluments of a brigadier-general.(5)
2251. The forage, wagon, and barrack-masters, shall be appointed as heretofore; but each quartermaster-general, attached to any separate army, command, or district, shall be authorized, with the approbation, and under the direction of the secretary of the war department, to appoint as many such officers, and to employ as many artificers, mechanics and labourers, as the public service may require.(6)
2252. It shall be the duty of the quartermaster's department, in addition to its present duties, to receive, from the purchasing department, and distribute to the army of the United States, all clothing and camp and garrison equipage required for the use of the troops; and it shall be the duty of the quartermaster-general, under the direction of the secretary of war, to prescribe and enforce, under the provisions of this act, a system of accountabili ty for all clothing and equipage issued to the army.(7)
2253. Every captain, or commander of a company, detachment, or recruiting station, or other officer, who shall have received clothing or camp equipage for the use of his command, or for issue to the troops, shall render to the quartermaster-general, at the expiration of each regular quarter of the year, quarterly returns of such supplies, according to the forms which may be prescribed, accompanied by the requisite vouchers for and issues that shall have been made; which returns and vouchers, after due examination by the quartermaster-general, shall be transmitted for settlement to the proper officer of the treasury department.(1)
2254. It shall be the duty of all officers charged with the issue of clothing, or other supplies, carefully to preserve the same from waste or damage; and in case of deficiency on final settlement, of any article of supplies, the value thereof shall be charged against the delinquent, and deducted from his monthly pay, unless he shall show, to the satisfaction of the secretary of war, by one or more depositions, setting forth the circumstances of the case, that the said deficiency was occasioned by unavoidable accident, or was lost in actual service, without any fault on his part; and in case of damage, he shall also be subject to charge for the damage actually sustained, unless he shall show in like manner, to the satisfaction of the secretary of war, that due care and attention were given to the preservation of said supplies, and that the damage did not result from neglect.(2)
2255. The better to enable the quartermaster's department to carry into effect the provisions of this act, there shall be appointed two additional quartermasters, and ten assistant quartermasters, to be taken from the line of the army, who shall have the same rank and compensation as are provided for like grades by the act, entitled, "An act to reduce and fix the military peace establishment of the United States," approved the second day of March, one thousand eight hundred and twenty-one: Provided, That assistant quartermasters be entitled also, to receive the allowance of forage heretofore authorized by law, to regimental and battalion quartermasters.(3)
2256. Each officer appointed under this act, shall, before he enter upon his duties, give bond, with sufficient surety, to be approved by the secretary of war, in such sum as the president shall direct, with condition for the faithful performance of the duties of his office.(4)
2257. During the absence of the quartermaster-general, or the chief of any other military bureau of the war department, the president is authorized to empower some officer of the department or corps whose chief is absent, to take charge thereof, and to perform the duties of quartermastergeneral, or chief of the department or corps, as the case may be, during such absence: Provided, That no additional compensation be allowed therefor.(5)
Of the Commissary Department.
Commissary department, how or- Supplies of the army how purchas
Commissary-general, appointment, rank, pay, bond, duties of
(1) Act 18th May, 1826, sec. 2.
(3) Ibid. sec. 3. (4) Ibid. sec. 4.
ART. 2258. There shall be one commissary-general of subsistence; and there shall be as many assistant commissaries as the service may require, not exceeding fifty, who shall be taken from the subalterns of the line, and shall, in addition to their pay in the line, receive a sum not less than ten, nor more than twenty dollars per month; and the assistant quartermasters, and assistant commissaries of subsistence, shall be subject to duties in both departments, under the orders of the secretary of war.(1)
2259. The commissary-general shall be appointed by the president, by and with the advice and consent of the senate, with the rank, pay and emoluments of colonel of ordinance, who shall, before entering on the duties of his office, give bond and security, in such sum as the president may direct; and his assistants shall, before entering on the duties of their office, give bond and security in such sums as the president may direct. The commissary-general and his assistants shall perform such duties in purchasing and issuing of rations to the army of the United States, as the president may direct.(2)
2260. Supplies for the army, unless, in particular and urgent cases, the secretary of war should otherwise direct, shall be purchased by contract, to be made by the commissary general on public notice, to be delivered on inspection, in the bulk, and at such places as shall be stipulated; which contract shall be made under such regulations as the secretary of war may direct.(3)
2261. The commissary-general and his assistants shall not be concerned, directly or indirectly, in the purchase or sale, in trade or commerce, of any article entering into the composition of the ration allowed to the troops in the service of the United States, except on account of the United States, nor shall such officer take and apply to his own use any gain or emolument for regulating or transacting any business connected with the duties of his office, other than what is or may be established by law; and the commissary-general and his assistants shall be subject to martial law.(4)
2262. There shall be one commissary of purchases and two military storekeepers, to be attached to the purchasing department.(5) He shall have an annual salary of three thousand dollars. The salaries of the military storekeepers shall be regulated by the secretary of war according to the duties they may perform: provided that the pay and emoluments do not exceed those of a captain of infantry.(6)
2263. The secretary of the war department is authorized and directed to define and prescribe the species as well as the amount of supplies to be respectively purchased by the commissary-general's and quartermastergeneral's departments, and the respective duties and powers of the said departments respecting such purchases; and also to adopt and prescribe general regulations for the transportation of the articles of supply from places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such
(1) Act 2d March, 1821, sec. 8.
(4) Ibid. sec. 9.-The 7th, 8th, 9th, 10th sections of the act of 14th April,
1818, were limited to five years, but
(5) Act 2d March, 1821, sec. 9.
other officers as may, by virtue of such regulations, be intrusted with the same. And the secretary aforesaid is also authorized to fix and make reasonable allowances for the store rent, storage, and salary of store-keepers, necessary for the safe keeping of all military stores and supplies.(1)
ART. 2264. There shall be one paymaster-general, with the annual com. pensation of two thousand five hundred dollars; and fourteen paymasters, each with the pay and emoluments of a major, and shall be allowed each a capable non-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.(2) The paymasters may be taken from the subalterns of the army, or citizens, and appointed by the president of the United States, (3) and shall be subject to the rules and articles of war.(4)
2265. The paymasters shall pay all the regular troops; and to insure punctuality and responsibility, correct reports shall be made to the paymastergeneral 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.(5)
The district paymasters, in addition to the payments required to be made by them to the regular troops, shall make payment to all other troops in the service of the United States whenever required thereto by order of the president.(6)
2266. The president of the United States is authorized and empowered to appoint three additional paymasters, to be attached to the pay department of the army: Provided, That the appointments be submitted to the senate for their confirmation, in the same manner as other officers of the army.(7)
The officers appointed in virtue of this act shall perform the same duties, and receive the same pay and allowances as the present paymasters of the army and shall in like manner be subject to the rules and articles of war; and previous to entering upon the duties of their office, shall give such bonds to the United States, as the secretary of war may direct, for the faithful performance of their duties.(8)
When volunteers or militia are called into service of the United States, so that the paymasters authorized by law shall not be deemed sufficient to enable them to pay the troops with proper punctuality, it shall be lawful for the
(1) Act March 3d, 1813, sec. 5.
(2) Act 2d March, 1821, sec. 9.Act April 24th, 1816, sec. 3.-May 16th, 1812.
(3) Act 24th April, 1816, sec. 4.
(4) Act May 16th, 1812.
(5) Act April 24th, 1816, sec. 4.