United States Statutes at Large/Volume 3/15th Congress/1st Session/Chapter 61

United States Statutes at Large, Volume 3
United States Congress
Public Acts of the Fifteenth Congress, 1st Session, Chapter 61
2630308United States Statutes at Large, Volume 3 — Public Acts of the Fifteenth Congress, 1st Session, Chapter 61United States Congress


April 14, 1818.
Chap. LXI.—An Act regulating the staff of the army.

Part of the acts of 3d March, 1815, and of 24th April, 1816, repealed.
Act of March 3, 1815, ch. 79.
1816, ch. 69.
Act of March 2, 1821, ch. 13.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act “fixing the military peace establishment of the United States,” passed the third of March, one thousand eight hundred and fifteen, as related to hospital stewards and wardmasters, and so much of the “Act for organizing the general staff, and making further provision for the army of the United States,” passed the twenty-fourth, one thousand eight hundred and sixteen, as relates to hospital surgeons, hospital surgeon’s mates, judge advocates, chaplains, and forage, wagon, and barrack masters, and their assistants, be and the same is hereby, repealed.

A surgeon general.
Assistant surgeon general.
Judge advocate.
Chaplain, &c.
Eight post surgeons to a division.
Sec. 2. And be it further enacted, That there shall be one surgeon general, with a salary of two thousand five hundred dollars per annum, one assistant surgeon general, with the emoluments of a hospital surgeon, one judge advocate, with the pay and emoluments of a topographical engineer, to each division, and one chaplain, stationed at the military academy at West Point, who shall also be professor of geography, history, and ethics, with the pay and emoluments allowed the professor of mathematics; and that the number of post surgeons be increased, not to exceed eight to each division.

Another part of the act of 24th April, 1816, repealed.
Quartermaster’s department.
Assistant deputies.
Sec. 3. And be it further enacted, That so much of the act of the twenty-fourth of April, one thousand eight hundred and sixteen, aforesaid, as relates to the quartermaster general of division, shall be repealed; and that quartermaster’s department shall consist, in addition to the two deputy quartermasters general, and the four assistant deputy quartermasters general, with the rank, pay, and emoluments, of a brigadier general, and as many assistant deputy quartermasters general as the President shall deem proper, not exceeding, in the whole number, twelve.

Additional pay and emoluments to deranged commissioned officers.Sec. 4. And be it further enacted, That to each commissioned officer who shall be deranged by virtue of 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, three months’ pay and emoluments; and that the provisions of this act shall be carried into effect on or before the first day of June next.

This act to go into effect on or before 1st June, 1818.Sec. 5. And be it further enacted, That the pay and emoluments of the inspector generals of divisions be, and is hereby, raised to be equal to the pay and emoluments of the adjutant generals of division.

A commissary general to be appointed.Sec. 6. And be it further enacted, That as soon as the state of existing contracts for the subsistence of the army shall, in the opinion of the President of the United States, permit it, there shall be appointed by the President, by and with the advice and consent of the Senate, one commissary general, with the rank, pay, and emoluments, of colonel of ordnance, who shall, before entering on the duties of his office, give bond and security, in such sum as the President may direct; and as many assistants, to be taken from the subalterns of the line, as the service may require, who shall receive twenty dollars per month in addition to their pay in the line, and who shall,Assistant commissaries, from the subalterns of the line.
Duties of commissary general, &c.
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.

Supplies to be purchased by contract.
Act of Jan. 23, 1823, ch. 5.
Sec. 7. And be it further enacted, That the 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.

The President may make alterations in the ration.Sec. 8. And be it further enacted, That the President may make such alterations in the component parts of the ration as a due regard to the health and comfort of the army and economy may require.

Commissary general and assistants not to be concerned in trade, &c.
Continuance of part of this act.
Sec. 9. And be it further enacted, That 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 negotiating or transacting any business connected with the duties of his office, other than what is or may be allowed by law; and the commissary general and his assistants shall be subject to martial law.

Commissary general’s letters free of postage.
Continuance of part of this act.
Sec. 10. And be it further enacted, That all letters to and from the commissary general, which may relate to his office duties, shall be free from postage: Provided, That the sixth, seventh, eighth, ninth, and tenth sections of this act shall continue and be in force for the term of five years from passing the same, and thence until the end of the next session of Congress, and no longer.

Approved, April 14, 1818.