Chapter LII.- An Act for the better organization of the general staff of the Army of the United States. March 3, 1813
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the adjutant general's, inspector general's, and quartermaster general's departments shall consist of the following officers, that is to say: an adjutant and inspector general, with the rank, pay, and emoluments of a brigadier general, and not exceeding eight adjutants general, sixteen assistant adjutants general, eight topographical engineers, eight assistant topographical engineers, eight inspectors general, sixteen assistant inspectors general, eight quartermasters general, eight deputy quartermasters general, and thirty-two assistant deputy quartermasters general.
SEC. 2. And be it further enacted, That the President of the United States be, and is hereby authorized, if he shall deem it expedient, to assign one of the brigadiers general to the principal army of the United States who shall, in such case, act as adjutant and inspector general, and as chief of the staff of such army: and the quartermaster general attached to the principal army shall, as heretofore, have the brevet rank and the pay and emoluments of a brigadier general.
SEC. 3. And be it further enacted, That all the other adjutants general shall have the brevet rank and the pay and emoluments of a colonel of cavalry; all the other inspectors general and quartermasters general shall have the brevet rank and the pay and emoluments of a colonel of infantry; the assistant adjutants general, assistant inspectors general, deputy quartermasters general, and topographical engineers shall have the brevet rank and the pay and emoluments of a major of cavalry; and the assistant topographical engineers, and assistant deputy quartermasters general shall have the brevet rank and the pay and emoluments of a captain of infantry.
SEC. 4. And he it further enacted, That the assistant adjutants general the assistant inspectors general, and the assistant topographical engineers shall be taken from the line. The adjutants general, inspectors general, quartermasters general, deputy quartermasters general, topographical engineers and assistant deputy quartermasters general may be taken from the line or not, as the President may deem expedient. And officers taken from the line and transferred to the staff, shall receive only the pay and emoluments attached to the rank in the staff; but their transfer shall be without prejudice to their rank and promotion in the line according to their said rank and seniority; which promotion shall take place according to usage in the same manner as if they had not been thus transferred.
SEC. 5. And be it further enacted, That it shall be the duty of the Secretary of the War department, and he is hereby authorized, to prepare general regulations, better defining and prescribing the respective duties and powers of the several officers in the adjutant general, inspector general, quartermaster general, and commissary of ordnance departments, of the topographical engineers, of the aids of generals, and generally of the general and regimental staff; which regulations, when approved by the President of the United States, shall be respected and obeyed, until altered or revoked by the same authority. And the said general regulations, thus prepared and approved, shall be laid before Congress at their next session.
SEC. 6. And be it further enacted, That the number of assistant deputy commissaries of ordnance shall not exceed sixteen, and that they shall respectively be entitled to the brevet rank and to the pay and emoluments of a first lieutenant of infantry.
SEC. 7. And be it further enacted, That for the better superintendence and management of the hospital and medical establishment of the army of the United States, there shall be a physician and surgeon general, with an annual salary of two thousand five hundred dollars, and an apothecary general, with an annual salary of eighteen hundred dollars; whose respective duties and powers shall be prescribed by the President of the United States.
SEC. 8. And be it further enacted, That the forage, wagon, and barrack masters shall be appointed as heretofore: but each quartermaster general, attached to any separate army, command, or district, shall be authorized, with the approbation and under the direction of the Secretary of the War department, to appoint as many such officers and to employ as many artificers, mechanics, and labourers, as the public service may require.
SEC. 9. And be it further enacted, That the assistant deputy quartermasters general may be appointed, and officers taken from the line and transferred to the staff, may be thus transferred by the President of the United States alone. But all other new appointments authorized by this act shall be made by the President of the United States, with the advice and consent of the Senate: Provided, that during the recess of the Senate such appointments may be made by the President alone, in which case the same shall be laid before the Senate at their next session for their advice and consent.
SEC. 10. And be it further enacted, That every act, and every part of any act of Congress now in force, within the purview and meaning of this act, be, and the same are hereby repealed.
SEC. 11. And be it further enacted, That all letters and packets to and from the adjutant and inspector general, adjutants general, inspectors general, quartermasters general, commissary general of ordnance, physician and surgeon general, and apothecary general, which relate to their official duties, shall be free from postage.
SEC. 12. And be it further enacted, That the President of the United States be, and he is hereby authorized to appoint any of the officers authorized by an act, entitled "An act making provision for an additional number of general officers," passed the twenty-fifth day of February, one thousand eight hundred and thirteen, during the recess of the Senate to be submitted to the Senate at their next session for their advice and consent; and that no officer appointed, or who may be appointed, by virtue of the aforesaid act, shall be entitled to receive any pay or emolument until he shall be called into actual service, nor for any longer time than he shall be continued therein.
APPROVED, March 3, 1813.
By James Madison
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