Chapter LXXII.- An Act making further provision for the Corps of Engineers. April 29, 1812

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 corps of engineers, two captains; two first lieutenants, two second lieutenants, with the usual pay and emoluments, according to their grades respectively, and one paymaster, to be taken from the subalterns of engineers, with the pay and emoluments of a regimental paymaster; and that there be attached to the said corps, either from the troops now in service, or by new enlistments, as the President of the United States may direct, four sergeants, four corporals, one teacher of music, four musicians, nineteen artificers and sixty-two men, which non-commissioned officers, musicians, artificers and men, together with the artificers and men already belonging to the corps of engineers, shall be formed into a company, to be styled a company of bombardiers, sappers and miners, and be officered from the corps of engineers, according as the commanding officer of that corps may, with the approbation of the President of the United States, direct; and the said non-commissioned officers, musicians, artificers and men, shall be allowed the same pay and emoluments as are allowed to the non-commissioned officers, musicians, artificers and men in the regiment of artillerists.

SEC. 2. And be it further enacted, That 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 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.

SEC. 3. And be it further enacted, That 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 herein after  provided, shall at no time exceed two hundred and fifty: that 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 established regulations thereof; that 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; that 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 regular camp: that the candidates for cadets be not under the age of fourteen, nor above the age of twenty-one years; that each cadet, previously to his appointment by the President of the United  States, shall be well versed in reading, writing and arithmetic, and that 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 engineers.

SEC. 4. And be it further enacted, That 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.

SEC. 5. And be it further enacted, That the sum of twenty-five thousand dollars be, and the same is hereby appropriated, to be paid out of any money in the treasury not otherwise appropriated, for erecting buildings, and for providing an apparatus, a library and all necessary implements, and for such contingent expenses as may be necessary and proper, in the judgment of the President of the United States, for such an institution.

SEC. 6. And be it further enacted, That so much of the twenty-sixth section of the act entituled "An act fixing the military peace establishment, passed the sixteenth day of March, one thousand eight hundred and two," as confines the selection of the commander of the corps of engineers to the said corps, be, and the same is hereby repealed.

APPROVED, April 29, 1812.

By James Madison

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