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MILITARY CODE.

CHAPTER I.

OF THE MILITARY ACADEMY.

Corps of engineers to be stationed the academy-duties—term of
at West Point, &c.
2211 service, pay, &c.

2213 Military academy to consist of the Cadet receiving degree, a candi

corps of engineers and certain date for a commission, &c. 2214 professors

2212 Academy under superintendence Number of cadets to be appointed of principal engineer, &c.--sec-may be attached as students to

retary of war to supply books,
&c.

2215

ART. 2211. The corps of engineers shall be stationed at West Point in the state of New York, and shall constitute a military academy; and the engineers, assistant engineers and cadets of the said corps, shall be subject at all times, to do duty in such places and on such service as the president of the United States shall direct.(1)

2212. The military academy shall consist of the corps of engineers and the following professors in addition to the teachers of the French language and drawing already provided, viz. one professor of natural and experimental philosophy, with the pay and emoluments of lieutenant colonel, if not an officer of the corps, and if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a lieutenant colonel ; one professor of mathematics, with the pay and emoluments of a major, if not an officer of the corps, and if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a major; one professor of the art of engineering in all its branches, with the pay and emoluments of a major, if not an officer of the corps, and if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a major ; each of the foregoing professors to have an assistant professor, which assistant professor shall be taken from the most prominent characters of the officers or cadets, and receive the pay and emoluments of captains, and no other pay or emoluments while performing these duties : Provided, That nothing herein contained shall entitle the academical staff, as such, to any command in the army separate from the academy.(2)

There shall be one chaplain stationed at the military academy at West Point, who shall be professor of geography, history and ethics, with the pay and emoluments allowed the professor of mathematics.(3)

2213. The cadets heretofore appointed in the service of the United States, whether of artillery, cavalry, riflemen or infantry, or that may in future be appointed as hereinafter provided, shall at no time exceed two hundred and fifty: they may be attached, at the discretion of the president of the United States, as students to the military academy, and be subject to the

(1) Act 16th March, 1802, sec. 27. (2) Act 29th April, 1812, sec. 2.

(3) Act 14th April, 1818, sec. 2.

established regulations thereof; they shall be arranged into companies of non-commissioned officers and privates, according to the directions of the commandant of engineers, and be officered from the said corps, for the purposes of military instruction; there shall be added to each company of cadets four musicians ; and the said corps shall be trained and taught all the duties of a private, non-commissioned officer, and officer; be encamped at least three months of each year, and taught all the duties incident to a regu. lar camp; the candidates for cadets shall not be under the age of fourteen, nor above the age of twenty-one years ; each cadet, previously to his appointment by the president of the United States, shall be well versed in reading, writing and arithmetic, and he shall sign articles, with the consent of his parent or guardian, by which he shall engage to serve five years, unless sooner discharged; and all such cadets shall be entitled to and receive the pay and emoluments now allowed by law to cadets in the corps of en. gineers.(1)

2214. When any cadet shall receive a regular degree from the academical staff, after going through all the classes, he shall

be considered as among the candidates for a commission in any corps, according to the duties he may be judged competent to perform; and in case there shall not, at the time, be a vacancy in such corps, he may be attached to it at the discretion of the president of the United States, by brevet of the lowest grade, as a supernumerary officer, with the usual pay and emoluments of such grade, until a vacancy shall happen : Provided, That there shall not be more than one supernumerary officer to any one company at the same time.(2)

2215. The principal engineer, and in his absence, the next in rank, shall have the superintendence of the said military academy under the direction of the president of the United States ; and the secretary of war is author. ized, at the public expense, under such regulations as shall be directed by the president of the United States, to procure the necessary books, implements, and apparatus for the use and benefit of the said institution.(3)

CHAPTER II.

OF ARMORIES, ARSENALS, ARMS AND FORTIFICATIONS.

President empowered to establish Penalty on artificer, &c. employed

certain arsenals and armories 2216 by U. S. destroying implements Annual accounts of armory to be

or refusing service

2221 laid before congress

2217 Artificers, &c. exempted from miCompensation of superintendents litia and jury service

2222 and armorers

2218 Secretary of war to sell certain Armories under direction of ord.

military sites

2223 nance department

2219 Provisions for supplying arms to Penalty for enticing away or em

the states

2224 ploying armorers, &c. in service

relative to fortifications 2225 of U.S.

2220

for survey of the coasts 2226

ART. 2216. For the safe keeping of the military stores, there shall be established under the direction of the president of the United States, three or four arsenals with magazines, as he shall judge most expedient, in such

(1) Act 29th April, 1812, sec. 3. (2) Ibid. sec. 4.

(3) Act 16th March, 1802, sec. 28.

places as will best accommodate the different parts of the United States. Either or both of the arsenals heretofore used at Springfield or Carlisle, to be continued as part of the said number, at his discretion : Provided, That none of the said arsenals be erected until purchases of the land necessary for their accommodation be made with the consent of the legislature of the state in which the same is intended to be erected.(1)

There shall be established at each of the aforesaid arsenals, a national armory, in which shall be employed one superintendent, and one master armorer (who shall be appointed by the president of the United States) and as many workmen as the secretary of the department of war shall, from time to time, deem necessary. And the said superintendents shall each receive as a compensation, seventy dollars per month, and the said master armorers each fifty dollars per month.(2)

By act 4th May, 1798, sec. 2, the president was empowered to take, by lease, for a term of years or by sale, in fee, one or more suitable place or places, where cannon or small arms may be advantageously cast or manu. factured, and to establish founderies and armories ; to employ artisans and labourers, and to appoint superintendents under direction of the department of war. An account of the expenditures to be annually laid before congress.

By act 23d April, 1808, sec. 2, the president was authorized to purchase sites for and erect such additional arsenals and manufactories of arms as he may deem expedient under the limitations and restrictions therein provided by law.

By act 20th May, 1826, the secretary of war was empowered to establish an arsenal in the vicinity of Augusta, Georgia : And

By another act of same date an arsenal at St. Louis, Missouri :

By act 3d March, 1827, another in the town of Augusta, in the state of Maine, for the safe keeping of the arms and munitions of the United States, for the northern and eastern frontier: And

By act 24th May, 1828, to establish an arsenal on the waters of Mobile or Pensacola bays, for the safe keeping of the arms and munitions of war, for the Mexican Gulf frontier :

By 5th sec. act 28th June, 1832, to establish an arsenal at Detroit :

By act 14th June, 1836, an appropriation of $45,000 was made for building an arsenal of deposite and general construction near the town of Fayetteville, in the state of North Carolina.

2217. An annual account of the expenses of the national armories shall be laid before the legislature of the United States, together with an account of the arms made and repaired therein.(3)

2218. The several officers who now are, or hereafter may be, employed in the armories of the United States, shall be entitled to and shall receive the following compensations in addition to their pay as established by law, to wit: a superintendent of such armory, three rations per day, or an equivalent in money, and a master armorer, two rations per day, or an equivalent in money.(4)*

In addition to the pay and rations, as at present fixed, of the superin. tendents of the manufactories of arms at Springfield and Harper's Ferry, they shall receive thirty dollars per month, and one ration per day.(5)

2219. To insure system and uniformity in the different public armories,

(1) Act of April 2d, 1794, sec. 1.
(2) Ibid. sec. 2.
(3) Ibid. sec. 5.

(4) Act 7th May, 1800, sec. 1.
(5) Act 29th April, 1816.

• The superintendents have $100, and the armorers $50 per month.

they are hereby placed under the direction of the ordnance department. And the colonel of the ordnance department, under the direction of the secretary of war, is authorized to establish depots of arms, ammunition, and ordnance stores in such parts of the United States, and in such numbers as may be deemed necessary (1)

2220. If any person shall procure or entice any artificer or workman, retained or employed in any arsenal or armory of the United States, to depart from the same during the continuance of his engagement, or avoid or break his contract with the United States, or who, after due notice of the engagement of any such workman or armorer, in any arsenal or armory, shall, during the continuance of such engagement, retain, hire, or in any wise employ, harbour, or conceal, such artificer or workman, the person so offending shall, upou conviction, be fined at the discretion of the court, not exceeding fifty dollars, or be imprisoned for any term not exceeding three months.(2)

2221. If any artificer or workman, hired, retained, or employed, in any public arsenal or armory, shall, wantonly and carelessly, break, impair, or destroy any implements, tools, or utensils, or any stock or materials for making guns, the property of the United States; or shall, wilfully and obstinately refuse to perform the services lawfully assigned to him, pursuant to his contract, every such person shall forfeit a sum not exceeding twenty dollars, for every such act of disobedience or breach of contract, to be recovered in any court having competent jurisdiction thereof.(3)

2222. All artificers and workmen who shall be employed in the said armories, shall be exempted during their term of service, from all military service, and service as jurors in any court.(4)

2223. By act 3d March, 1819, the secretary of war was authorized, under direction of the president, to sell and convey such military sites be. longing to the United States, as may have been found or become useless for military purposes ; and jurisdiction ceded to the United States over such sites by a state was abandoned.

2224. There shall be provided, at the expense of the United States, thirty thousand stand of arms, which shall be deposited, by order of the president, at suitable places, for the purpose of being sold to the governments of the respective states, or the militia thereof, under such regulations, and at such prices, as he shall prescribe.(5) The president shall cause all

, or any part, of such arms provided and deposited for sale, which shall, at any time, remain unsold, to be delivered to the militia, when called into the service of the United States, proper receipts and security being given for the return of the same.(6)

The moneys arising from such sales, shall be paid into the treasury of the United States, and the amount received shall be annually reported to congress.(7)

The annual sum of two hundred thousand dollars is appropriated for the purpose of providing arms and military equipments for the whole body of the militia of the United States, either by purchase or manufacture, by and on account of the United States.(8)

All the arms so procured, shall be transmitted to the several states composing this Union,'and territories thereof, to each state and territory, respec; tively, in proportion to the number of the effective militia in each state and territory, and by each state and territory to be distributed to the militia in such state and territory, under such rules and regulations as shall be by law prescribed by the legislature of each state and territory (1)

(1) Act 8th Feb. 1815, sec. 9. (2) Act 7th May, 1800, sec. 2. (3) Ibid, sec. 3.

Ibid. sec. 4.

(5) Act 6th July, 1798, sec. 1,
(6) Ibid. sec. 2.
(7) Ibid, sec. 3.
(8) Act 23d April, 1808, sec. 1.

The annual sum of two hundred thousand dollars, as appropriated for the purpose of providing arms and military equipments for the militia, either by purchase or manufacture, by the preceding articles, shall be paid, for each year, respectively, out of any moneys in the treasury not otherwise appropriated.(2)

The sum appropriated, to be paid as aforesaid, shall be applied for the purpose, and according to the intention above specified, without being liable at any time to be carried to the account of the surplus fund. And nothing in the act of the third of March, one thousand eight hundred and nine, en. titled, “ An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments,” shall be construed to authorize the transferring of the sum annually appropriated as aforesaid, or any portion thereof, to any other branch of expenditure.(3)

22:25. The following ports and harbours shall be fortified, under the direction of the president of the United States, and at such time or times as he may judge necessary, to wit: Portland, in the district of Maine ; Portsmouth, in the state of New Hampshire ; Gloucester, Salem, Marblehead, and Boston, in the state of Massachusetts ; Newport, in the state of Rhode Island; New London, in the state of Connecticut; New York ; Philadel. phia; Wilmington, in the state of Delaware ; Baltimore, in the state of Maryland; Norfolk, and Alexandria, in the state of Virginia ; Cape Fear river, and Ocracock Inlet, in the state of North Carolina ; Charleston, and Georgetown, in the state of South Carolina; and Savannah, and Saint Mary's, in the state of Georgia.(4)*

The president may employ, as garrisons, in the said fortifications, or any of them, such of the troops on the military establishment of the United States, as he may judge necessary; and cause to be provided one hundred cannon, of a caliber, each, to carry a ball of thirty-two pounds weight, and one hundred other cannon, of a caliber, each, to carry a ball of twenty-four pounds weight, together with the carriages and implements necessary for the same, and carriages with the necessary implements for one hundred and fifty other cannon, with two hundred and fifty tons of cannon shot.(5)

The president may receive from any state (in behalf of the United States,) a cession the lands, on which any of the fortifications aforesaid, with the necessary buildings, may be erected, or intended to be erected; or where such cessions shall not be made, may purchase such lands, on behalf of the United States : Provided, That no purchase shall be made where such lands are the property of a state.(6)

The port and harbour of the city of Annapolis shall be fortified, in such manner, and at such time or times as the president of the United States may direct : and it shall be lawful for the president of the United States to employ a garrison in the said fortification, provide cannon and equipments, and receive, from the state of Maryland, a cession of the lands on which the said fortification, and its necessary buildings, may be erected.(7)

(1) Act 230 April, 1808, sec. 3.

(5) Ibid. sec. 2. (2) Act 29th April, 1816, sec. 1. (6) Ibid. sec. 3. (3) Ibid. sec. 2.

(7) Act 9th May, 1794, sec. 1. (4) Act 20th March, 1794, sec. 1.

In addition to the fortifications in the text, various others have been authorized, for which see the annual appropriation acts.

+ By Act 2d July, 1836, the president was authorized to open a military road from some point upon the right bank of the Mississippi river, between the mouth

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