consent of the legislature of the state in which the same is intended to be erected.(a) 3147. 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.(b) 3148. Twenty-five thousand dollars are appropriated for erecting at such places on the western waters as the president may judge most proper, one or more arsenals; and the president is to cause the same to be furnished with such arms, ammunition and military stores as he may deem necessary.(c) 3149. The president of the United States is authorized to purchase sites for and erect such additional arsenals and manufactories of arms as he may deem expedient, under the limitations and restrictions now provided by law.(d) 3150. The secretary of war shall cause to be purchased in the vicinity of Augusta, a suitable site for an United States' arsenal, and to be erected thereon such buildings as may be necessary, in lieu of those at this time occupied for such purpose: Provided, such site can be obtained upon reasonable terms, and with proper regard to health and to the public convenience: And provided also, That the consent of the proper authorities of the state of Georgia shall be given thereto, and the jurisdiction over the same be ceded to the United States.(e) 3151. A sum not exceeding seventy thousand dollars is appropriated for the objects aforesaid, out of any money in the treasury not otherwise appropriated. And that the secretary of war is authorized to cause to be sold, or otherwise disposed of, the buildings abovementioned, at present used as an arsenal, with the ground on which they stand, so as may best conduce to the public interest, and to the object aforesaid.(f) 3152. The secretary of the war department is authorized to purchase as soon as it can be effected, on reasonable terms, a site for an arsenal at or in the vicinity of St. Louis, Missouri; and to cause to be erected such an arsenal on the same as may be deemed proper for the safe keeping of the arms and munitions of the United States, on that frontier; and for these purposes the sum of fifteen thousand dollars is appropriated.(g) 3153. There shall be employed an officer, whose duty it shall be (under the direction of the department of war) to superintend the receiving, safe keeping and distribution of the military stores of the United States, and to call to account all persons to whom the same may be entrusted; he shall receive for his compensation at the rate of one hundred and twenty-five dollars per month, and shall be appointed by the president of the United States.(h) 3154. 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.(i) (a) Aet April 2, 1794, sec. 1. (b) Ibid. sec. 2 (c) Act 3d March, 1803, sec. 5. (d) Act 23d April, 1808, sec. 2. (e) Act 20th May, 1826, sec. J. (f) Ibid. sec. 2. (g) Act 20th May, 1826, sec. I $155. 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 equivolent in money.(a) 3156. To insure system and uniformity in the different public armories, 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 authorised 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.(b) 3157. 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, upon conviction, be fined at the discretion of the court, not exceeding fifty dollars, or be imprisoned for any term not exceeding three months.(c) 3158. 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.(d) 3159. 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.(e) SECTION II. Of the Procurement and Distribution of Arms. ART. 3160. 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.(f) 3161. 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.(g) 3162. The moneys arising from such sales shall be paid into the trea (a) Act 7th May, 1800, sec. 1. (e) Ibid. sec. 4. (f) Act 6th July, 1798, sec. 1. sury of the United States, and the amount received shall be annually reported to congress.(a) 3163. 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.(b) $164. All the arms procured in virtue of article 3163, shall be transmitted to the several states composing this union, and territories thereof, to each state and territory, respectively, 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.(c) 3165. 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 monies in the treasury not otherwise appropriated.(d) 3166. The sum appropriated, to be paid as aforesaid, shall be applied for the purpose, and according to the intention specified in article 3165, 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, entitled, "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.(e) SECTION III. Of Fortifications.* ART. 3167. 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; Philadelphia; 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.(f) 3168. 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 thirtytwo 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 (a) Act 6th July, 1798, sec. S. (d) Act 29th April, 1816, sec. 1. (f) Act 20th March, 1794, sec. 1. *Note 3 Q. implements for one hundred and fifty other cannon, with two hundred and fifty tons of cannon shot.(a) 3169. The president may receive from any state (in behalf of the United States) a cession of 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. (b) 3170. The port and harbour of the city of Anhapolis 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, agreeably to articles $167-8.(c) $171. A sum, not exceeding two hundred and fifty thousand dollars, in addition to the sums heretofore appropriated, remaining unexpended, shall be appropriated and paid out of any moneys not before appropriated, to make and complete, at the discretion of the president, the fortifications heretofore directed for certain ports and harbours, and to erect fortifications in any other place or places, as the public safety shall require, in the opinion of the president; and which other fortifications he may cause to be erected, under his direction, from time to time, as he shall judge necessary.(d) 3172. The president shall cause the canal of Carondelet, leading from lake Ponchartrain, by way of the Bayou St. John, to the city of New Orleans, to be extended to the river Mississippi, and made sufficiently deep throughout to admit an easy and safe passage to gunboats, if, upon survey thereof, he shall be convinced that the same is practicable, and will conduce to the more effectual defence of said city; that, for the purpose of defraying the expense thereof, there be, and hereby is, appropriated the sum of twenty-five thousand dollars, to be paid out of any moneys in the treasury, not otherwise appropriated.(e) 3173. For the purpose of completing the fortifications commenced for the security of the seaport towns and harbours of the United States, and territories thereof, and for erecting such fortifications as may, in the opinion of the president, be deemed necessary for the protection of the northern and western frontiers, there shall be appropriated the sum of seven hundred and fifty thousand dollars, to be paid out of any moneys in the treasury, not otherwise appropriated.(ƒ) 3174. The president may, whenever the same shall be deemed necessary for the defence and security of any of the ports and harbours of the United States, cause to be hired or purchased, hulks, or other means of impediment to the entrance of the vessels of the enemy, to be sunk, with the consent of the proper authority of the state in which such port or harbour may be, and the same to be removed whenever in his opinion it may be done with safety to such ports or harbours.(g) 3175. To defray any expense which may be incurred under the preceding article, the sum of two hundred and fifty thousand dollars is appropriated.(h) (a) Act 20th March, 1794, sec. 2. (b) lbid. sec. 3. (c) Act 9th May, 1794, sec. 1. (d) Act 3d May, 1798, sec. 1. (e) Act 10th February, 1809, sec. 2. TITLE II. OF THE ORGANIZATION OF THE ARMY. CHAPTER I. Of the Commanders. ART. 3176. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states when called into the actual service of the United States. Const. art. 2, sec. 2. 3177. There shall be one major-general, with two aids-de-camp, two brigadier-generals, each with one aid-de-camp; and the aids-de-camp shall be taken from the subalterns of the line; and, in addition to their other duties, shall perform the duties of assistant adjutant-general.(a) 3178. The major-general, shall be entitled to two hundred dollars monthly pay, and fifteen rations per day. His aids-de-camp shall, each be entitled to twenty-four dollars monthly, in addition to their pay in the line, and four rations. The brigadier-generals, respectively, shall be entitled to one hundred and four dollars monthly pay, and twelve rations per day, and their aids-de-camp each twenty dollars per month in addition to their pay in the line.(b) 3179. The general commanding the army of the United States shall be allowed a secretary, to be taken from the line of the army, who shall receive twenty-four dollars per month in addition to his pay in the line, and shall be allowed forage for two horses. (c) 3180. The aids-de-camp of major-generals shall be taken from the captains and subalterns of the line; and the aids-de-camp of brigadier-generals from the subalterns of the line; it shall not be lawful to take more than one aid-de-camp from a regiment.(d) CHAPTER II. Of the Corps of the Army. ART. 3181. The military peace establishment of the United States shall be composed of four regiments of artillery, and seven regiments of infantry, with such officers of engineers, of ordnance, and of the staff, as are hereinafter provided for.(e) $182. The officers, noncommissioned officers, artificers, musicians, and privates, retained by this act, (1821) except those specially provided for, shall have the same rank, pay, and emoluments, as are provided, in like cases, by existing laws; and the force authorized and continued in service under this act, shall be subject to the rules and articles of war.(ƒ) $183. The president of the United States shall cause to be arranged the officers, noncommissioned officers, artificers, musicians, and privates, of the several corps now in the service of the United States, in such manner as to form and complete, out of the same, the force authorized by this act, and cause the supernumerary officers, noncommissioned officers, artificers, musicians, and privates, to be discharged from the service of the United States.(g) 3184. Every officer, noncommissioned officer, musician, and private, (a) Act 2d March, 1821, sec. 5. (e) Act 2d March, 1921, sec. 1. (g) Ibid. sec. 12. |