United States Statutes at Large/Volume 3/14th Congress/1st Session/Chapter 69

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2622211United States Statutes at Large, Volume 3 — Public Acts of the Fourteenth Congress, 1st Session, Chapter 69United States Congress


April 24, 1816.

Chap. LXIX.An Act for organizing the general staff, and making further provisions for the army of the United States.

Repealed by act of April 14, 1818, ch. 61.
See act of March 3, 1815, ch. 78.
Act of March 3, 1813, ch. 52.
Provisions of a former act re-enacted—some supplemental provisions established.
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 in addition to the act providing for a military peace establishment, the provisions of the act of March the third, one thousand eight hundred and thirteen, for the better organization of the general staff be, and the same are hereby so far established, that the general staff shall in future consist of one adjutant and inspector general of the army, and one adjutant general, one inspector general, three topographical engineers, and one quartermaster general, with one deputy quartermaster general to a division; and an assistant of each to every brigade, which shall supersede the brigade quartermasters and inspectors now existing; and that the apothecary general, as heretofore authorized, be allowed two assistant apothecaries.

Act of March 3, 1815, ch. 78.
Act of May 8, 1820, ch. 75.
Medical staff.
Judge advocates and chaplain.
Sec. 2. And be it further enacted, That the medical staff shall be so extended, that there shall be four hospital surgeons, and eight hospital surgeon’s mates to each division, with as many post surgeons as the service may require, not exceeding twelve to each division, who shall receive the same pay and emoluments as hospital surgeon’s mates, and that there be three judge advocates to each division, and one chaplain to each brigade of the army, who shall receive the pay and emoluments of major, as heretofore allowed.

Pay department.Sec. 3. And be it further enacted, That the pay department shall consist of one paymaster general of the army, with the annual salary of two thousand five hundred dollars, and that in addition to regimental paymasters,[1] there be appointed one paymaster to each battalion of the corps of artillery, who, as well as the regimental paymasters, in addition to the regular and punctual payment of their respective regiments or corps, shall discharge the duties of district paymasters within such district as shall from time to time be assigned them by the paymaster general, under the direction of the Secretary of War. Provided,Proviso. That regimental and battalion paymasters may be taken either from the subalterns of the army, or citizens, and appointed by the President of the United States. Provided also,Proviso. That regimental and battalion paymasters shall receive pay and emoluments of major, and shall each be allowed a capable noncommissioned 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.

Duty of the regimental and battalion paymasters in making returns, &c.Sec. 4. And be it further enacted, That it shall be the duty of the regimental and battalion paymasters to pay all the regular troops; and to ensure punctuality and responsibility, correct reports shall be made to the paymaster general 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.

Purchasing department.Sec. 5. And be it further enacted, That the purchasing department shall consist of one commissary general of the purchases, as heretofore authorized, with the annual salary of three thousand dollars, and one deputy commissary to each division, with the annual salary of two thousand dollars, and six assistant commissaries of issues, with the annual salary of one thousand three hundred dollars, and as many military storekeepers as the service may require, whose salaries shall be regulated by the Secretary of WarProviso. according to the duty they may perform: Provided, That the pay and emoluments shall not exceed that of a captain of infantry.

All officers of the pay, commissary, and quartermaster’s departments to give bonds and security, and to be subject to the rules and articles of war.
Proviso.
Sec. 6. And be it further enacted, That all officers of the pay, commissary and quartermaster’s department, shall, previous to their entering on the duties of their respective 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 storekeepers, 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.

President may prescribe the quantity and kind of clothing.
Proviso.
Sec. 7. And be it further enacted, That the President of the United States be, and he hereby is authorized to 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’, and in like manner the soldiers shall receive pay, according to the annual estimated value for such authorized articles of uniform as shall not have been issued to him in each year. Provided also,Proviso. That the manner of issuing and accounting for clothing, shall be established in the general regulations of the war department.

At what rate soldiers discharged are to be paid for deficient articles of clothing.Sec. 8. And be it further enacted, That 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 seventh section of this act.

Pay and emoluments of the several officers of the staff.
1813, ch. 52.
Sec. 9. And be it further enacted, That the several officers of the staff shall respectively receive the pay and emoluments, and retain all the privileges secured to the staff of the army, by the act of March third, one thousand eight hundred and thirteen, and not incompatible with the provisions of this act; and that the regulations in force before the reduction of the army, be recognised, as far as the same shall be found applicable to the service, subject however to such alterations as the Secretary of War may adopt, with the approbation of the President.

Certain officers of the staff, provisionally retained in service, to be continued permanently under this act.Sec. 10. And be it further enacted, That the officers to the staff, provisionally retained by the President, and in this act enumerated and made permanent, be recognised in service under this act, and that the garrison surgeons and mates be hereafter considered as post surgeons; and hereafter the staff of the army may be taken from the line of the army, or from citizens.

Ordnance department to be continued as at present organized.
Act of Feb. 8, 1815, ch. 38.
Sec. 11. And be it further enacted, That the ordnance department be continued as at present organized under the act of February eighth, one thousand eight hundred and fifteen, and that ordnance officers be assigned to their duties with the staff of the army, in the same manner as from the corps of engineers.

Sec. 12. And be it further enacted, That when forage is now drawn in kind by officers of the army entitled thereto,Rate of forage when not received in kind.
Proviso.
Proviso.
eight dollars per month, for each horse, not exceeding the number authorized by existing regulations, shall be allowed in lieu thereof: Provided, That neither forage, nor money shall be drawn by officers, but for horses actually kept by them in service: Provided also, That none, except company officers shall be allowed to take as servants or waiters, soldiers of the army, and that all officers be allowed, for each private 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 same and description of the servant or servants, in the pay account: Provided also, That one additional ration be allowed to the subaltern officers of the army.

Approved, April 24, 1816.


  1. Paymaster in the army of the United States.—A paymaster in the army of the United States, appointed under the act of Congress passed April 24, 1816, is entitled to the pay and emoluments of a major of infantry, and not to that of a major of cavalry. Wetmore v. United States, 10 Peters, 647.