Chapter XLVI.- An Act to establish a Quartermaster's Department, and for other purposes. March 28, 1812

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be and hereby is established a quartermaster's department for the army of the United States, to consist of a quartermaster general, four deputy quartermasters, and as many assistant deputy quartermasters, as, in the opinion of the President of the United States, the public service may require; the quartermaster general and deputy quartermasters to be appointed by the President, by and with the advice and consent of the Senate; and the assistant deputy quartermasters by the President alone. And he hereby is authorized moreover to appoint such additional number of deputy quartermasters, not exceeding four, to be taken from the line or not, at his discretion, as in his judgment the public service may require.

SEC. 2. And be it further enacted, That the quartermaster general shall be entitled to the rank, pay and emoluments of a brigadier general, (under the act of the twelfth of April, one thousand eight hundred and eight,) with forage for two additional horses; the deputy quartermasters, when not taken from the line, shall be entitled to receive sixty dollars per month, five rations per day and forage for two horses, but if taken from the line, then such additional pay and emoluments as shall be equal to the foregoing provision; the assistant deputy quartermasters, when not taken from the line, shall be entitled to and receive forty dollars per month, three rations per day, and forage for one horse, but if taken from the line, then such additional pay and emoluments as shall be equal to the foregoing provision.

SEC. 3. And be it further enacted, That in addition to their duties in the field, it shall be the duty of the quartermaster general, his deputies, and assistant deputies, when thereto directed by the Secretary of War, to purchase military stores, camp equipage and other articles requisite for the troops, and generally to procure and provide means of transport for the army, its stores, artillery and camp equipage. That the quartermaster general shall account as often as may be required, and at least once in three months, with the department of war, in such manner as shall be prescribed, for all property which may pass through his hands, or the hands of the subordinate officers in his department, or that may be in his or their care or possession, and for all monies which he or they may expend in discharging their respective duties; that he shall be responsible for the regularity and correctness of all returns in his department, and that he, his deputies and assistant deputies, before they enter on the execution of their respective offices, shall severally take an oath faithfully to perform the duties thereof.

SEC. 4. And be it further enacted, That there shall be a commissary general of purchases, and as many deputy commissaries, as, in the opinion of the President of the United States, the public service may  require, to be appointed by the President, by and with the advice and consent of the Senate.

SEC. 5. And be it further enacted, That it shall be the duty of the commissary general of purchases, under the direction and supervision of the Secretary of War, to conduct the procuring and providing of all arms, military stores, clothing, and generally all articles of supply requisite for the military service of the United States; and it shall be the duty of the deputy commissaries, when directed thereto, either by the Secretary of War, the commissary general of purchases, or, in cases of necessity, by the commanding general, quartermaster general, or deputy quartermasters, to purchase all such of the aforesaid articles as may be requisite for the military service of the United States.

SEC. 6. And be it further enacted, That neither the quartermaster general nor the commissary general shall, directly or indirectly, be concerned or interested, in carrying on the business of trade or commerce, or be owner in whole or in part, of any sea vessel; nor shall either of them purchase by himself or another, in trust for him, public lands or any other public property, or be concerned in the purchase or disposal of any public securities of any state, or of the United States, or take, or apply to his own use, any emolument or gain, for negotiating or transacting any business in the said department, other than what shall be allowed by law; and if either the said quartermaster general or commissary general shall offend against any of the prohibitions of this act, the parties so offending shall, upon conviction, forfeit to the United States, the penalty of three thousand dollars, and may be imprisoned for a term not exceeding five years, and shall be removed from office, and be for ever thereafter incapable of holding any office under the United States.

SEC. 7. And be it further enacted, That the salary of the commissary general of purchases shall be three thousand dollars per annum; and the compensation to a deputy commissary, shall not exceed two and one half per centum on the public monies disbursed by him, nor in any instance, the sum of two thousand dollars per annum.

SEC. 8. And be it further enacted, That the commissary general of purchases shall, before he enters upon his duties, give bond with sufficient surety, to be approved of by the Secretary of War, in the sum of fifty thousand dollars, and the deputy commissaries, each in the sum of ten thousand dollars, with condition for the faithful performance of the duties of their office respectively, which bonds shall be lodged with the comptroller of the treasury.

SEC. 9. And be it further enacted, That from and after the last day of May next, so much of the act, entituled "An act to establish the office of purveyor of public supplies," as relates to the appointment and services of a purveyor of public supplies, be, and the same is hereby repealed; and in the mean time, the purveyor shall deliver over to the commissary general or one of his deputies, the public stores and property of all sorts in his possession, who shall receipt to him for the same.

SEC. 10. And be it further enacted, That all letters and packets to and from the quartermaster general and commissary general, shall be free from postage.

SEC. 11. And be it further enacted, That there be allowed for the compensation of the necessary clerks in the quartermaster general's office, a sum not exceeding fifteen hundred dollars a year; and for the compensation of the clerks of the commissary general, a sum not exceeding seventeen hundred dollars per annum, with such books and stationery as may be necessary to the quartermaster general's and commissary general's departments.

SEC. 12. And be it further enacted, That the quartermaster general be authorized to appoint a principal wagon-master and as many wagon-masters as he may judge necessary for the service of the army, not exceeding one to each brigade, whose duty shall be, under the direction of the quartermaster general or any of his deputies, to provide and conduct the wagons and other means of transport necessary and proper for the military service of the United States.

SEC. 13. And be it further enacted, That no wagon-master shall, directly or indirectly, be concerned or interested in any wagon, or means of transport employed in the service of the United States; nor in the purchase or sale of any horses, harness, wagons or other means of transport, procured for, or belonging to the United States, except as agent for the United States.

SEC. 14. And be it further enacted, That the principal wagon-master shall be entitled to receive forty dollars per month, three rations per day and forage for one horse; and each wagon-master shall be entitled to receive thirty dollars per month, two rations per day and forage for one horse.

SEC. 15. And be it further enacted, That the quartermaster general be authorized to appoint one principal forage-master, and as many assistant forage-masters as the nature of the service may require, not exceeding one to each brigade, whose duty shall be, under the direction of the quartermaster general, or any of his deputies, to provide and deliver out forage necessary and proper for the military service of the United States; nor shall any forage-master be directly or indirectly concerned in the purchase or sale of any article of forage procured for or belonging to the United States, except as an agent for the United States.

SEC. 16. And be it further enacted, That the principal forage-master shall be entitled to and receive forty dollars per month, three rations per day and forage for two horses; and that the other forage-masters shall be entitled to and receive thirty dollars per month, two rations per day and forage for one horse.

SEC. 17. And be it further enacted, That there shall be four conductors of artillery, who shall be appointed by the President alone, each of whom shall be entitled to the pay and emoluments of a lieutenant of artillery.

SEC. 18. And be it further enacted, That this act shall go into operation on the first day of April next; and that so much of the act fixing the military peace establishment of the United States, as respects the appointment of military agents and assistant military agents, be, and the same is hereby repealed, from and after that day; but all those agents shall continue to perform their respective duties in the mean time, and until the deputy and assistant deputy quartermasters shall be appointed and ready to enter on the execution of their respective offices; to whom the said military agents and assistant military agents, shall then deliver all the public stores and property in their possession.

SEC. 19. And be it further enacted, That all persons attached to the public service by virtue of this act, shall be subject to military law, except the deputy commissaries.

SEC. 20. And be it further enacted, That the President may, and he hereby is authorized in the recess of the Senate, to appoint the quartermaster general, deputy quartermasters, commissary general, and deputy commissaries, or any of them; which appointments shall be submitted to the Senate at their next session, for their advice and consent.

Approved, March 28, 1812.

By James Madison

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