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1838. her port of destination in Mexico, by the blockading squadron, Vessels turned may land and store her cargo in any port of the United States

into which she may first enter, to be kept under the custody of tion in Mexico, the custom-house, free from duty or any other charge, except

squadron, the usual storage: Provided, The said cargo be re-exported store their car within twelve months from the time of its being so stored, and Ses from duty. the provisions of the existing laws relating to the importation

of goods, with the privilege of re-exportation without the pay. ment of duty, or with the privilege of a draw back of duty, shall be applicable to goods entered and stored under the provi. sions of this act, except as is herein otherwise provided.

Approved, July 5th, 1838.

Proviso.

reservation
made to, or on

CHAP 161. An ACT to authorize the issuing of patents to the last bona fide trans

feree of reservations under the treaty between the United States and the Creek tribe of Indians which was concluded on the twenty-fourth of March, eighteen hundred and thirty-two.

[Sec. 1.] Be it enacted, by the Senate and House of Repre

sentatives of the United States of America in Congress asThe President sembled, That the President of the United States be, and he is to issue to the last hereby, authorized and required to cause patents to be issued to purchase and cop such person or persons as may be the bona fide purchaser,

owner, assignee, or transferee of any selection or reservation behalf of chiefs which has been made to, or in behalf of, any chief or head of families, an Indian family, under a treaty concluded between the United

States and the Creek tribe of Indians, at Washington city, on the twenty-fourth day of March, eighteen hundred and thirtytwo, whatever may be the number of intermediate transfers or assignments : Provided, The person or persons applying for such patent or patents shall adduce satisfactory proof to the Commissioner of the General Land Office of the fairness of said several preceding transfers or assignments.

Approved, July 5th, 1838.

dian
ander Creek
treaty of March

Proviso.

CHAP 162. An ACT to increase the present military establishment of the United

States and for other purposes. [Sec. 1.] Be it enacted, by the Senate and House of Repre

sentatives of the United States of America in Congress asOne company sembled, That there shall be added to each of the four regiments ma beradded of artillery, one company, to be organized in the same manner ments of arille as authorized by existing laws, with the exceptions hereafter Ezed in the man: mentioned ; that there be added to every company of artillery by existing laws,

sixteen privates, and to every company of infantry one sergeant with the here and thirty-eight privates, and that the number of second lieu

tenants of a company of artillery be reduced to one, and that this reduction be so made in connection with the appointment of officers to the four additional companies authorized as aforesaid, and the transfer to the Ordnance Department hereafter di

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rected, that all the present second lieutenants shall be retained 1838. in service; and there shall be raised and organized under the direction of the President of the United States, one regiment of A regiment infantry, to be composed of the same number and rank of offi-infantry to cers, non-commissioned officers, musicians, and privates, com- ized by the Pro posing the regiments of infantry now in the service of the United States, who shall receive the same pay and allowances, and be subject to the same rules and regulations which now apply to other regiments of infantry, as provided for in this act.

sident.

Sec. 2. And be it further enacted, That the President of the The President United States be and he is hereby, authorized to add to the corps crease the corps of engineers, whenever he may deem it expedient to increase or engineers. the same, one lieutenant colonel, two majors, six captains, six first and second lieutenants; and that the pay and emoluments Pay and emoloof the said corps shall be the same as those allowed to the offi- menis. cers of the regiment of dragoons.

SEC. 3. And be it further enacted, That so much of the act passed the twenty-ninth day of April, one thousand eight hundred and twelve, entitled “An act making further provision for the corps of engineers," as provides that one paymaster shall be taken from the subalterns of the corps of engineers, be, and the same is hereby repealed ; and that the paymaster so author- Paymaster for ized and provided be attached to the pay department, and be in cer, o benesta every respect, placed on the footing of other paymasters of the tached to the pay

c army.

Séc. 4. And be it further enacted, That the corps of topo- Corps of topa graphical engineers shall be organized and increased by regular replicarea eneo promotions in the same, so that the said corps shall consist of lion and increase one colonel, one lieutenant colonel, four majors, ten captains, ten first lieutenants, and ten second lieutenants.

Sec. 5. And be it further enacted, That vacancies created How vacancies by said organization, over and above those which can be filled in, are to be filled. by the present corps, shall be taken from the army, and from such as it may be deemed advisable of the civil engineers employed under the act of the thirtieth of April, eighteen hundred and thirty-four ; that the pay and emoluments to the officers of Pay and emolosaid corps shall be the same as are allowed to officers of similar menis. rank in the regiments of dragoons.

Sec. 6. And be it further enacted, That the authority to Authority given employ civil engineers, in the act of the thirtieth of April, eight- 18A to employ een hundred and twenty-four, be and the same is hereby repealed civil engineers, after the passage of this act.

Sec. 7. And be it further enacted, That the President of The President the United States shall be and he is hereby, authorized to ap- point 50 many point so many assistant adjutants general, not exceeding two assistantemera

adjuwith the brevet rank, pay, and emoluments of a major, and not he may deen na exceeding four, with the brevet rank, pay and emoluments of a captain of cavalry, as he may deem necessary; and that they shall be taken from the line of the army, and in addition to their own, shall perform the duties of assistant inspectors general when the circumstances of the service may require.

Sec. 8. And be it further enacted, That the officers to be

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1838. taken from the line and transferred to the staff, under the last Pay and emolu. preceding section, shall receive only the pay and emoluments ments of officers attached to their rank in the staff; but their transfer shall be line and trans: without prejudice to their rank and promotion in the line, ac

Their rank and cording to their said rank and seniority; which promotion shall
promotion.

take place according to usage, in the same manner as if they
had not been thus transferred.

SEC. 9. And be it further enacted, That the President of to the quarter. the United States be and he is hereby authorized, by and with master's depart-the advice and consent of the Senate, to add to the quarter

master's department not exceeding two assistant quartermas-
ters general with the rank of colonel, two deputy quartermas-
ters general, with the rank of lieutenant colonel, and eight
assistant quartermasters with the rank of captain ; that the
assistant quartermasters now in service shall have the same

rank as is provided by this act for those hereby authorized; Pay and emo and that the pay and emoluments of the officers of the quar

termasters department, shall be the same as are allowed to
officers of similar rank in the regiments of dragoons: Pro-
vided, That all appointments in the quartermaster's depart-
ment shall be made from the army, and when officers taken for
such appointments hold rank in the line, they shall thereupon
relinquish said rank, and be separated from the line of the
army; and that promotion in said department shall take place
as in regiments and corps.

Sec. 10. And be it further enacted, That the quartermaster ploy forage-mas: general be and he is hereby authorized from time to time, to iegsland wagon. employ as many forage-masters and wagon-masters as he may

deem necessary for the service, not exceeding twenty in the
whole, who shall be entitled to receive each forty dollars per
month, and three rations per day, and forage for one horse;
and neither of whom shall be interested or concerned, directly
or indirectly in any wagon or other means of transport em-
ployed by United States, nor in the purchase or sale of any pro-
perty procured for or belonging to the United States, except as
an agent for the United States.

SEC. 11. And be it further enacted, That there be added to
the commissariat of subsistence one assistant commissary gene-
ral of subsistence with the rank pay and emoluments of a
lieutenant colonel of cavalry; one commissary of subsistence
with the rank pay and emoluments of a quartermaster of the
army; and three commissaries of subsistence with the rank,
pay

and emoluments of assistant quartermasters.
Pay of stewards Sec. 12. And be it further enacted, That the stewards of
of bospitals.

hospitals at posts of more than four companies be hereafter
allowed the pay clothing and rations of a sergeant of ordnance,
and, at all other posts, the pay, clothing and rations of the first
sergeant of a company of infantry.

Sec. 13. And be it further enacted, That the President of crease the ord- the United States, be and he is hereby authorized to add to the depart. ordnance department, whenever he may deem it expedient to

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majors, and that he be further authorized to transfer ten first 1838. lieutenants and ten second lieutenants from the artillery to the ordnance department and that the pay and emoluments of the Pay and emoofficers of the said department shall be the same as those allowed to the officers of the regiment of dragoons.

Sec. 14. And be it further enacted, That so much of the Construction to fourth section of the act passed fifth of April eighteen hundred 4th see act, 5th and thirty-two for the organization of the ordnance depart-fegard to the ray ment, as authorizes the officers of ordnance to receive the same

depart. pay and emoluments now allowed artillery oflicers, shall be ment in the actu. construed to include the ten dollars per month additional pay company. to every officer in the actual command of a company, as compensation for the duties and responsibilities with respect to clothing, arms, and accoutrements of the company, under the authority of the second section of the act passed second of March eighteen hundred and twenty-seven, giving further compensation to the captains and subalterns of the Army of the United States in certain cases: Provided, That the officers of Provisa the ordnance department claiming the compensation for such duties and responsibilities shall have been actually in the com- All commissionmand of enlisted men of the ordnance equal to a company of line or statt, ex: artillery and thereby incurred the aforesaid responsibilities.

Sec. 15. And be it further enacted That every commissioned an additional ra. officer of the line or staff exclusive of general officers shall be years service. entitled to receive one additional ration per diem for every five years he may have served or shall serve in the army of the United States: Provided That in certain cases where officers are entitled to and receive double rations, the additional one allowed in this section shall not be included in the number to be doubled.

Sec. 16. And be it further enacted, That from and after the Enlistments in passing of this act, all enlistments in the Army of the United States shall be for five years, and that the monthly pay of noncommissioned officers and soldiers shall be as follows: to each sergeant major, quartermaster sergeant, and chief musician, Pay of non-comseventeen dollars, to each first sergeant of a company, sixteen dollars ; to all other sergeants, thirteen dollars ; to each artificer, eleven dollars ; to each corporal, nine dollars ; and to each musician and private soldier, eight dollars; Provided Proviso. that two dollars per month of said pay be retained until the expiration of his term of service.

Sec. 17. And be it further enacted, That the allowance of Allowance sugar and coffee to the non-commissioned officers, musicians in lieu of spirit and privates, in lieu of the spirit or whiskey component part of or whiskey. the army ration, now directed by regulation, shall be fixed at six pounds of coffee and twelve pounds of sugar to every one hundred rations, to be issued weekly when it can be done with convenience to the public service, and, when not so issued, to be paid for in money.

Sec. 18. And be it further enacted, That it shall be lawful Employment of for the officers composing the council of administration at any chaplains, who post, from time to time, to employ such person as they may form the duling

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1838. think proper to officiate as chaplain who shall also perform the

duties of schoolmaster at such post; and the person so employed shall, on the certificate of the commanding officer of the post, be paid such sum for his services, not exceeding forly dollars per month, as may be determined by the said council of administration, with the approval of the Secretary of War; and, in addition to his pay, the said chaplain shall be allowed four rations per diem, with quarters and fuel.

Sec. 19. And be it further enacted, That an additional proProfesionin e rabo: fessor be appointed to instruct in the studies of chemistry, mine, Et apostolor, ralogy, and geology with the pay and emoluments now allowed pay and emolu-to the professor of mathematics, and that the Secretary of War

may assign to the said professor an assistant, to be taken from

the officers of the line or cadets: which assistant professor will professor, his pay receive the pay and emoluments allowed to other assistant proand emolumenus.

fessors.

Sec. 20. And be it further enacted, That whenever suitable

non-commissioned officers or privates cannot be procured from Paymaster's the line of the army to serve as paymaster's clerks, payniasters clerede haberem be and hereby are authorized and empowered by and with the laries. approbation of the Secretary of War to employ citizens to per

form that duty, at salaries not to exceed five hundred dollars per annum, each.

Sec. 21. And be it further enacted, That all letters and lic business Bube packages on public business, to and from the commanding free of postage. general, the colonel of ordnance, the surgeon general, and the

head of the topographical corps, shall be free from postage.

Sec. 22. And be it further enacted, That the President shall be and he is hereby authorized, whenever he may deem the same expedient, to cause not exceeding two of the regiments

of infantry to be armed and equipped and to serve as a regiRegiment of ment of riflemen, and one other of the regiments of infantry to Regiment of

be armed and equipped and to serve as a regiment of light inlight infantry. fantry.

Sec. 23. And be it further enacted, That all acts and parts ent with this act of acts inconsistent with the provisions of this act, shall be and repealed.

the same are hereby repealed. Pay of the of

Sec. 24. And be it further enacted, That hereafter the of ficers of the pay ficers of the pay and medical departments of the army shall

receive the pay and emoluments of officers of cavalry of the same grades respectively, according to which they are now paid by existing laws.

SEC. 25. And be it further enacted, That when volunteers point addition or militia are called into the service of the United States, so wymnaster when that the paymasters authorized by law shall not be deemed litia are called sufficient to enable them to pay the troops with proper punc

tuality it shall be lawful for the President to appoint as many

additional paymasters as he shall deem necessary, who shall Their duties, perform the same duty, give the same bond, be subject to the

same liability, and receive the same pay and emoluments, as are now provided for paymasters of the army: provided, holoever, That the number so appointed shall not exceed one for

ritemen.

Acts inconsist

and medical department.

The President

into service, &c.

habilities, pay, &c.

Proviso.

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