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master shall perform the duties of his office, agreeably to the direction of the President of the United States, for the time being; and before he enters on the duties of the same, shall give bonds, with good and sufficient sureties, in such sums as the President shall direct, for the faithful discharge of his said office'; and shall take an oath to execute the duties thereof with fidelity: and it shall, moreover, be his duty to appoint from the line, with the approbation of the President of the United States, the several pay masters to districts, and assistants, prescribed by this act; and he is hereby author: ized to require the said pay masters to districts, and assistants, to enter into bond, with good and sufficient surety, for the faithful discharge of their respective duties.
Sec. 17. And be it further enacted, That it shall be the duty of the military agents designated by this act, to purchase, receive and forward to their proper destination, all military stores and other articles for the troops in their respective departments, and all goods and annuities for the Indians, which they may be directed to purchase, or which shall be ordered into their care by the department of war. They shall account with the department of war, annually, for all the public property which may pass through their hands, and all the monies which they may expend in discharge of the duties of their offices, respectively : previous to their entering on the duties of their offices, they shall give bonds, with sufficient sureties, in such sums as the President of the United States shall direct, for the faithful discharge of the trust reposed in them; and shall take an oath faithfully to perform the duties of their respective offices.
Sec. 18. And be it further enacted, That if any noncommissioned officer, musician, or private, shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve for and during such a period, as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried, by a court martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried.
Sec. 19. And be it further enacted, That every person who shall procure or entice a soldier in the service of the United States, to desert; or who shall purchase from any soldier, his arms, uniform clothing, or any part thereof; and every captain or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any, such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined at the discretion of any court having cognizance of the same, in any sum not exceeding three hundred dollars, or be imprisoned any term not exceeding one year.
Sec. 20. And be it further enacted, That every officer, non-commissioned officer, musician, and private, shall take and subscribe the following oath or affirmation, to wit: “ I, A. B. do solemnly swear or affirm, (as the case may be) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against their enemies, or opposers, whomsoever; and that I will bserve and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and articles of war.
Sec. 21. And be it further enacted, That whenever a general court martial shall be ordered, the President of the United States may appoint some fit person to act as judge advocate, who shall be allowed, in addition to his other pay, one dollar and twenty-five cents forevery day he shall be necessarily employed in the duties of the said court ; and in cases where the President shall not have made such appointment, the brigadier genePal or the president of the court may make the same.
Sec. 22. And be it further enacted, That where any commissioned officer shall be obliged to incur any extra expense in travelling and sitting on general courts martial, he shall be allowed a reasonable compensation for such extra expense actually incurred, not exceeding one dollar and twenty-five cents per day, to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage.
Sec. 23. And be it further enacted, That no non-commissioned officer, musician or private, shall be arrested, or subject to arrest, or to be taken in execution for any debt under the sum of twenty dollars, contracted before enlistment, nor for any debt contracted after enlistment.
Sec. 24. And be it further enacted, That whenever any officer or soldier shall be discharged from the service, except by way of punishment for any offence, he shall be allowed his pay and rations, or an equivalent in money, for such terin 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.
Sec. 25. 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 en. titled by law at the time of their discharge, to each officer whose term of service in any nilitary corps of the United States shall not have exceeded three years, three months' pay; to all other officers so deranged, one month's pay of their grades, respectively, for each year of past service in the army of the United States, or in any regiment or corps now or formerly in the service thereof.
Sec. 26. And be it further enacted, That the President of the United States is hereby authorized and empowered,when he shall deem it expedient, to organize and establish a corps of engineers, to consist of one engineer with the pay, rank and emoluments of a major; two assistant engineers, with the pay, rank and emolu
ments of captains; two other assistant engineers, with the pay, rank and emoluments of first lieutenants ; two other assistant engineers, with the pay, rank and emoluments of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two ra. tions per day: and the President of the United States is, in like manner authorized, when he shall deem proper, to make such promotions in the said corps, with a view to particular merit, and without regard to rank so as not to exceed one colonel, one lieutenant colonel, two majors, four captains, four first lieutenants, four second lieutenants, and so as that the number of the whole corps shall, at no time, exceed twen
officers and cadets.
Sec. 27. And be it further enacted, That the said corps when so organized, 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.
Sec. 28. And be it further enacted, That 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 U. nited States; and the secretary of war is hereby authorized, 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.
Sec. 29. And be it further enacted, That so much of any act or acts, now in force, as comes within the pura view of this act, shall be, and the same is hereby repealed; saving, nevertheless, such parts thereof, as re. late to the enlistments or term of service of any of the troops, which, by this act, are continued on the pres. ent military establishment of the United States.
APPROVED, 16th March, 1802.
An ACT in addition to an Act, entitled " An Act fixing the Military Peace Establishment of the United States.
Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be added to the regiment of artillerists, two teachers of music, whose pay, rations and clothing, shall be the same as is by law allowed to the teachers of music in the regiments of infantry in the service of the United States.
Sec. 2. And be it further enacted, That the President of the United States be and he is hereby authorized to appoint one teacher of the French language, and one teacher of drawing, to be attached to the corps of engineers, whose compensation shall not exceed the pay and emolument of a captain in the line of the army.
Sec. 3. And be it further enacted, That the commanding officer of the corps of engineers, be authorized to enlist for a term, not less than three years, one artificer, and eighteen men, to aid in making practical experiments and for other purposes ; to receive the same pay, rations and clothing as are allowed to the artificers and privales, in the army of the United States; and the same bounty when enlisted for five years ; and to be subject to the rules and articles of war.
APPROVED, 28th February, 1803.
An ACT in addition to “ An Act for fixing the Military
Peace Establishment of the United States." Sec. 1. Be it-enacted by the Senate and House of Repo resentatives of the United States of America in Congress assembled, That there shall be appointed in addition to the surgeons' mates provided for by the act fixing the military peace establishment of the United States, many surgeons' mates, not exceeding six, as the Pres. ident of the United States may judge necessary, to be attached to the garrisons or posts agreeable to the pròs visions of the said aet.