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2287. Whenever any officer or soldier shall be discharged from the ser. vice, except by way of punishment for any offence, he shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day (1)
2288. 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.(2)
2289. Whenever it shall be found expedient to employ the army at work on fortifications, in surveys, in cutting roads, and other constant labour, of not less than ten days, the non-commissioned officers, musicians, and pri. vates so employed, shall be allowed fifteen cents, and an extra gill of whiskey or spirits each per day, while so employed.(3)
2290. The subsistence of the officers of the army when not received in kind, shall be estimated at twenty cents per ration.(4)
The president shall prescribe the quantity and kind of clothing to be issued annually to the troops of the United States : Provided, That whenever more than the authorized quantity is required, the value of the extra articles shall be deducted from the soldiers' pay, and in like manner the soldiers shall receive pay, according to the annual estimated value for such author. ized articles of uniform as shall not have been issued to him in each year. Provided also, That the manner of issuing and accounting for clothing, shall be established in the general regulations of the war department.(5)
2291. In all cases where a soldier of the regular army shall have been discharged from the service of the United States, and clothing shall be due to said soldier, it shall be the duty of the paymaster-general to cause the same to be paid for according to the price paid in the preceding article.(6)
2292. It shall be the duty of the several officers of the staff of the army of the United States, to provide the officers, seamen, and marines of the navy of the United States when acting or proceeding to act on shore, in co-operation with the land troops, upon the requisition of the commanding, naval or marine officer of any such detachment of seamen or ma. rines, under orders to act as aforesaid, with rations, also the officers and sea. men with camp equipage, according to the relative rank and station of each, and the military regulations in like cases, together with the necessary transportation, as well for the men as for their baggage, provisions, and cannon Provided, nevertheless, That the contract price of the rations which may be furnished, shall be reimbursed out of the appropriations for the support of the navy.(7)
The respective quarter-masters of the army shall, upon the requisition of the commanding naval officer of any such detachment of seamen or ma. rines, furnish the said officer and his necessary aids with horses, accoutre. ments, and forage, during the time they may be employed in co-operating with the land troops as aforesaid.(8)
2293. Every non-commissioned officer and private of the army, or offi. cer, non-commissioned officer, and private of any militia or volunteer corps, in the service of the United States, who has been, or who may be captured by the enemy, shall be entitled to receive, during his captivity, notwithstanding the expiration of his term of service, the same pay, subsistence, and al.
(1) Act 16th March, 1802, sec. 24.
Act 12th April, 1808, sec. 6.
(5) Act 24th April, 1816, sec. 7.30th April, 1814, sec. 8.
(6) Act 24th April, 1816, sec. 8.
lowance, to which he may be entitled whilst in the actual service of the United States : Provided, That nothing herein contained shall be construed to entitle any prisoner of war, of the militia, to the pay and compensation herein provided, after the date of his parole, other than the travelling ex. penses allowed by law.(1)
2294. To the aid-de-camp of a brigadier, to a brigade quartermaster, brigade inspector, and adjutant, there shall be allowed forage for one horse only, or in lieu thereof, ten dollars per month ; and to the brigade majors under the act passed January 11th, 1812, there shall be allowed forage for one horse, or in lieu thereof, ten dollars per month; and the pay of a quartermaster-sergeant shall be nine dollars per month.(2)
All officers in the military service of the United States who are by law entitled to forage, shall receive in lieu thereof, when not drawn in kind, an equivalent in money, at the rate of eight dollars per month for each horse, to which they may be entitled : Provided, That no allowance shall be made to any officer, for more horses than he shall actually employ in the public service.(3)
Assistant quartermasters shall be entitled to the allowance of forage heretofore authorized by law, to regimental and battalion quartermas. ters.(4)
2295. Every officer in the army of the United States, whose duty requires him to be on horseback in time of action, and whose horse shall be killed in battle, shall be allowed a sum not exceeding two hundred dollars, as a compensation for each horse so killed (5)
No person shall receive payment for any horse so killed, until he make satisfactory proof to the secretary of war, that the horse for which he claims compensation, was actually killed under such circumstances as to entitle him to this provision, and in all cases which may take place here. after, within one year after such horse shall have been killed.(6)
Any field, or staff, or other officer, mounted militiaman, volunteer, ranger, or cavalry, engaged in the military service of the United States since the eighteenth of June, eighteen hundred and twelve, or who shall hereafter be in said service, and has sustained or shall sustain damage, without any fault or negligence on his part, while in said service, by the loss of a horse in battle, or by the loss of a horse wounded in battle, and which has died or shall die of said wound, or being so wounded shall be abandoned by order of his officer, and lost, or shall sustain damage by the loss of any horse by death, or abandonment, in consequence of the United States failing to supply sufficient forage, or because the rider was dismounted and separated from his horse, and ordered to do duty on foot at a station detached from his horse, or when the officer in the immediate command or. dered or shall order the horse turned out to graze in the woods, prairies, or commons, because the United States failed or shall fail to supply sufficient forage, and the loss was or shall be consequent thereof; or for the loss of necessary equipage, in consequence of the loss of his horse as aforesaid, shall be allowed and paid the value thereof: Provided, That if any pay. ment has been, or shall be, made to any one aforesaid, for the use and risk, or for forage after the death, loss, or abandonment of his horse, said payment shall be deducted from the value thereof, unless he satisfied, or shall satisfy, the paymaster at the time he made, or shall make, the payment, or thereafter show, by proof, that he was remounted, in which case the deduc.
(1) Act 30th March, 1814, sec. 14. (2) Act 6th July, 1812, sec. 1.
(3) Act 22d July, 1813, sec. 1.--Act 24th April, 1816, sec. 12.
(4) Act 18th May, 1826, sec. 4.
tion shall only extend to the time he was on foot : And provided also, If any payment shall have been, or shall hereafter be, made to any person above mentioned, on account of clothing, to which he was not entitled by law, such payment shall be deducted from the value of his horse or accou. trements.(1)
Any person who, in the said military service as a volunteer, or draughted militiaman, furnished, or shall furnish himself, with arms and military acooutrements, and sustained, or shall sustain, damage by the capture or destruction of the same, without any fault or negligence on his part, or who lost, or shall lose, the same by reason of his being wounded in the service, shall be allowed and paid the value thereof.(2)
Any person who sustained, or shall sustain, damage by the loss, capture, or destruction by an enemy, of any horse, mule, or wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss, capture, or destruction, was without any fault or negligence on the part of the owner; and any person who, without any such fault or negligence, sustained, or shall sustain, damage by the death, or abandonment and loss of any such horse, mule, or ox, while in the service aforesaid, in consequence of the failure on the part of the United States to furnish the same with sufficient forage, shall be al. lowed and paid the value thereof.(3)
The claims provided for under this act shall be adjusted by the third audi. tor, under such rules as shall be prescribed by the secretary of war, under the direction or with the assent of the president of the United States ; as well in regard to the receipt of applications of claimants, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as, in the opinion of the president, shall be best calculated to obtain the object of this act, paying a due regard, as well to the claims of individual justice as to the interests of the United States, which rules and regulations shall be published for four weeks in such newspapers in which the laws of the United States are published, as the secretary of war shall direct.(4)
In all adjudications of said auditor, upon the claims above mentioned, whether such judgment be in'favour of, or adverse to, the claim, shall be entered in a book provided by him for that purpose, and under his direc. tion; and when such judgment shall be in favour of such claim, the claim. ant, or his legal representative, shall be entitled to the amount thereof, upon the production of a copy thereof, certified by said auditor at the treasury of the United States.(5)
In all instances where any minor has been, or shall be, engaged in the military service of the United States, and was, or shall be, provided with a horse or equipments, or with military accoutrements, by his parent or guardian, and has died, or shall die, without paying for said property, and the same has been, or shall be, lost, captured, destroyed, or abandoned, in the manner before mentioned, said parent or guardian shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto by having furnished the same.(6)
In all instances where any person, other than a minor, has been, or shall be, engaged in the military service aforesaid, and has been, or shall be, provided with a horse or equipments, or with military accoutrements by any person, the owner thereof, who has risked, or shall take the risk, of such horse, equipments, or military accoutrements, on himself, and the same has been, or shall be, lost, captured, destroyed, or abandoned, in the manner before mentioned, such owner shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risk on himself.(1)
(1) Act January 18th, 1837, sec. 1.
(4) Ibid. seo. 4.
The act passed on the nineteenth of February, eighteen hundred and thirty-three, entitled, “ An act for the payment of horses and arms lost in the military service of the United States against the Indians on the frontier of Illinois and the Michigan territory," and an act passed on the thirtieth of June, eighteen hundred and thirty-four, entitled, “An act to provide for the payment of claims for property lost, captured, or destroyed by the enemy, while in the military service of the United States, during the late war with the Indians on the frontier of Illinois and Michigan territory,” are hereby repealed.(2)
This act shall be and remain in force until the close of the next session of congress.(3)
The proof of the value of such horse shall be by the affidavit of the quartermaster of the corps to which the owner may belong, or of two other creditable witnesses.(4)
2296. Officers who shall not take waiters from the line of the army, shall receive the pay, clothing, and subsistence allowed to a private soldier, for as many waiters as they may actually keep, not exceeding the number allowed by existing regulations.(5)
The officers of the army shall be entitled to waiters agreeable to grade, as follows: a major-general, four waiters; a brigadier-general, three; a colonel, two; the physician and surgeon-general, two; a lieutenant-colonel, major, and hospital-surgeon, each one; the officers of each company, three ; every commissioned officer who holds a staff appointment which gives the rank of captain, or any higher grade, one; and to every company officer who commands a separate post or detachment, one; any law or regulation heretofore existing to the contrary notwithstanding (6)
None except company officers shall be allowed to take as servants or waiters, soldiers of the army, and all officers shall be allowed, for each prie vate servant actually kept in service, not exceeding the number authorized by existing regulations, the pay, rations, and clothing of a private soldier, or money in lieu thereof, on a certificate setting forth the name and description of the servant or servants, in the pay account.(7)
of the Bonds and Accounts of Officers of the Army.
of the officers of the pay, commis- Accounts of officers and agents en.
sary, and quartermaster's de- trusted with stores, &c. for army 2298 partment
2297 of officers, &c. receiving moneys
in advance from war department 2299
Art. 2297. All officers of the pay, commissary, and quartermaster's department, shall, previous to their entering on the duties of their respective
(1) Act January 18th, 1837. sec. 7.
(5) Act 6th July, 1812, sec. 5.
offices, give good and sufficient bonds to the United States, fully to account for all moneys and public property which they may receive, in such sum as the secretary of war shall direct. And all paymasters, commissaries, and store-keepers, shall be subject to the rules and articles of war, in the same manner as commissioned officers : Provided also, That all officers of the pay and commissary's departments be submitted to the senate for their confirmation, in the same manner as the officers of the army.(1)
2298. The commissary-general of purchases and his deputies, the several officers in the quartermaster's department, the regimental quartermasters, the commissary of ordnance, his assistant and deputies, the principal hospital surgeons and officers belonging to the hospital and medical depart. ments, and all other officers, agents, or persons, who shall have received, or may be entrusted with, any stores or supplies, of any description whatever, for the use of the army of the United States and of the volunteers or militia in their service, shall render quarterly accounts of the disposition and state of all such stores and supplies [to the superintendent.general,] and shall also make such other returns respecting the same, and at such other times as the secretary for the war department may prescribe: Provided, however, That the accounts and returns thus rendered shall relate to the articles of supply only, which may have been received and disposed of, or as may remain on hand, and shall not embrace the specie accounts for moneys disbursed by such officers, agents, or other persons; which specie accounts shall be rendered as heretofore, to the accountant for the war department.(2)
2299. The officers, agents, or other persons, who may receive moneys in advance from the war department, shall render quarterly accounts (to the accountant of the said department,] of their specie receipts and dis. bursements, and shall, moreover, make such other monthly summary state. ments thereof to the secretary for the said department, as he may prescribe. And the quarterly accounts of supplies, or of moneys rendered as aforesaid, shall be respectively settled by the superintendent-general of military supplies, and by the accountant of the war department, according to their respective authorities, within three months after the time when such accounts shall have respectively been rendered to them.(3)
Of Brevet Rank.
Art. 2300. The president, (with advice and consent of the senate,) may confer brevet rank on such officers of the army as shall distinguish them. selves by gallant actions or meritorious conduct, or who shall have served ten years in any one grade.(4)*
Officers of the army who have brevet commissions, shall be entitled to, and receive the pay and emoluments of their brevet rank when on duty, and having a command according to their brevet rank, and at no other time.(5)
(1) Act 24th April, 1816, sec. 6. (2) Act 3d March, 1813, sec. 3. (3) Ibid. sec. 9.
(4) Act 6th July, 1812, sec. 4.-Act 16th April, 1818, sec. 2.
(5) Act 16th April, 1818, sec. 1.
By act 30th June, 1834, sec. 9, so much of the laws of the United States as authorize brevet rank, in the army or marine corps, for service of ten years, is repealed. But the right, already acquired, to brevet rank, by such service, is preserved.