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The peace establishment of the department was fixed by section 16 of the act of July 28, 1866 (14 ibid., 335), as follows: One Commissary-General of Subsistence (brigadier-general), two assistant commissaries-general of subsistence (colonels), two deputy commissaries-general of subsistence (lieutenant-colonels), eight commissaries (majors), and sixteen commissaries of subsistence (captains). The repealing clause of the act of July 28, 1866, having been regarded as including within its scope the provision for additional compensation to officers detailed from the line, which had been authorized by section 3 of the act of March 3, 1821 (3 ibid., 615), it was provided by section 24 of the act of July 15, 1870 (16 ibid., 320), that lieutenants of the line detailed to perform the duties of acting commissaries of subsistence should receive $100 additional pay per annum. Section 6 of the act of March 3, 1869 ( 15 ibid., 318), contained the requirement that there should be no more promotions or appointments in the staff of the Army until otherwise directed by law, but this restriction was removed, as to the Subsistence Department, by section 3 of the act of June 23, 1874, which reorganized the department and fixed its commissioned strength at one brigadier-general, two colonels, three lieutenant-colonels, eight majors, and twelve captains. By the act of February 12, 1895 (28 ibid., 656), the number of captains was reduced to eight. The requirement of the act of March 3, 1883 (22 ibid., 457 ), authorizing captains in this department to be appointed from civil life was repealed by the art of August 6, 1894 (28 ibid., 234), and appointments to the lowest grade are now required to be made from the line of the Army. The act of June 30, 1882 (22 ibid., 115), and subsequent acts of appropriation have made provision for the payment of $100 additional pay to officers detailed from the line to perform the duties of acting commissaries of subsistence. A corps of post commissary-sergeants was added to the department by the act of March 3, 1873 (17 ibid., 485; section 1142, Revised Statutes). They were to be appointed by the Secretary of War in such number as the service might require, but were not to exceed one for each military post.

By section 2 of the act of July 7, 1898 (30 ibid., 715), there were added to the strength of the department during the war with Spain eight majors and twelve captains of volunteers, and the two assistants to the Commissary-General of Subsistence and the officers in charge of important depots were given one grade of rank and pay in addition to that actually held by them; such increase, however, was not to exceed the rank of colonel in any case, and was to continue for a period not exceeding one year after the close of the existing war.

By section 17 of the act of February 2, 1901 (31 Stat. L., 752), the permanent strength of the department was fixed at one Commissary-General with the rank of brigadier-general, three assistant commissaries-general with the rank of colonel, four deputy commissaries-general with the rank of lieutenant-colonel, nine commissaries with the rank of major, and twenty-seven commissaries with the rank of captain mounted; the existing force of commissary-sergeants was recognized and continued in service and were thereafter to be designated as post commissary-sergeants. A system of details was also established by the operation of which the permanent commissioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Subsistence Department.

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army ration.-The army ration, as established by the act of April 30, 1790 (1 Stat. L., 121); section 8, act of March 3, 1795 (ibid., 434); and section 13, act of May 30, 1796 (ibid., 484); consisted of 1 pound of fresh or salt beef, or three-quarters of a pound of pork or bacon; 1 pound of flour, one-half a gill of spirits, and to each 100 rations 1 quart of salt, 2 quarts of vinegar, 2 pounds of soap, and 1 pound of candles. By section 3 of the act of June 7, 1794 (ibid., 242); section 6, act of January 2, 1795 (ibid., 400), and section 11, act of May 30, 1796 (ibid., 484), sundry additions were made to meat, bread, and seasoning components of the ration in the cas of troops employed on frontier service. The ration was increased by section 6 of the art of July 16, 1798 (ibid., 605), so as to consist of 14 pounds of fresh or salt beef, or three-quarters of a pound of pork or bacon; 1 pound and 2 ounces of flour; gill of spirits; and to each 100 rations 2 quarts of salt, 2 quarts of vinegar, 4 pounds of sap, and 14 pounds of candles; and the ration, as thus constituted, was made permanent by section 6 of the act of March 16, 1802 (2 ibid., 134). By section 22 of the act of March 3, 1799 (1 ibid., 749), the regular spirit ration was reduced to onehalf gill, and commanding officers were authorized to make extra issues of spirits, at the rate of one-half gill per ration, "in cases of fatigue service or other extraordinary occasions."1 The spirit ration was replaced by coffee and sugar at the rate of 6 and 12 pounds, respectively, per hundred rations, by section 17 of the act of July 5, 1838 5 ibid., 256), and the ration of coffee and sugar was increased to 10 and 15 pounds, respectively, by section 4 of the act of June 21, 1860 (12 ibid., 68); by section 10, act of July 5, 1862 ̊ (ibid., 510), the extract of coffee was authorized to be issued in lieu

of the coffee and sugar ration.' A vegetable component, consisting of 15 pounds of beans or peas, or 10 pounds of rice or hominy, was added to the ration by Executive order, under the authority conferred by section 8 of the act of April 14, 1818 (3 ibid., 426), paragraph -, Army Regulations of 1847). An increase in the components of the ration to the following extent was authorized by section 13 of the act of August 3, 1861 (12 ibid., 289); the ration of bread or flour was increased to 22 ounces, and an alternate issue of 1 pound of hard bread authorized, and a vegetable ration, to consist of 1 pound of potatoes, was required to be issued "at least three times per week, if practicable." This increase was to terminate at the close of the war, when the ration was to be reduced to the articles and quantities as authorized by law or regulation on July 1, 1861. Pepper was added as one of the seasoning components, at the rate of 4 ounces to the hundred rations, by section 11, act of March 3, 1863 (12 ibid., 744), and section 2 of the act of June 20, 1864 (13 ibid., 144), contained the requirement that the ration should thereafter be the same as provided by law and regulation on the 1st day of July, 1861, with the addition of the pepper ration authorized by the act of March 3, 1863; the components of beans (or peas), or rice (or hominy), at the rate of 15 and 10 pounds, respectively, to the hundred rations, having been added by Executive regulation, were included in the operation of the act of July 1, 1864, and became part of the authorized ration. By section 5 of the act of June 16, 1890 (26 ibid., 158), 1 pound of vegetables was added to the ration, "the proportion to be fixed by the Secretary of War.”

1 Issues of spirits, as a component part of the ration, were discontinued by Execntive order in 1832 (General Orders No. 100, A. G. O., 1832), and an issue of coffee and sugar was substituted therefor at the rate of 4 pounds of coffee and 8 pounds of sugar to the hundred rations.

By the act of March 2, 1819 (3 Stat. L., 488), an "extra gill of whisky or spirits” was allowed to enlisted men engaged in the construction of fortifications or the execution of surveys, but by the act of May 19, 1846 (9 Stat. L., 14), this ration was allowed to be commuted in money. Upon the discontinuance of the spirit ration in 1838, section 22 of the act of March 3, 1799 (1 Stat. L., 754), became operative, which authorized the issue of spirits “in case of fatigue service or other extra occasions.”* This placed the spirit ration upon the basis of an extra issue; such issues, therefore, being discretionary with the Executive. They were discontinued by General Orders No. 120, War Department, of 1865.

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Composition. 21.v.31, p.754.

Feb. 2, 1901, s.

Sec. 1182, R.S.

792. The Pay Department shall consist of one PaymasterGeneral with the rank of brigadier-general, three assistact pay masters-general with the rank of colonel, four puty-paymasters-general with the rank of lieutenantonel, twenty paymasters with the rank of major, and twenty-five paymasters with the rank of captain mounted.* S. 21, act of February 2, 1901 (31 Stat. L., 754). 793. When volunteers or militia are called into the serv- Additional we of the United States, and the officers of the Paymas-July 5, 1838, c. ter's Department are not deemed by the President sufficient 2 for the punctual payment of the troops, he may appoint, by and with the advice and consent of the Senate, and add to said corps as many paymasters, to be called additional paymasters with the rank of major, not exceeding one for

paymasters.

162, s. 25, v. 5, p 259.

Sec. 1184, R. S.

a note containing the statutory history of the Pay Department, see end of Section 21 of the act of February 2, 1901 (31 Stat. L., 754), contains the requirement fat "a.i vacancies in the grade of colonel and lieutenant-colonel created or caused *9 15 as sex tion shall be filled by promotion according to seniority, as now prescribed saw, and no more appointments to the grade of ma,or and paymaster shall be Late goul the number of majors and paymasters is reduced below twenty: And prond That persons who have served in the Volunteer Army since April twenty-first, teen hundred and ninety-eight, as additional paymasters may be appointed to * me in the grade of captain created by this section. So long as there remain sort='as majors an equal number of vacancies shall be held in the grade of captain, so that the total number of paymasters authorized by his section shall not be exceeded at any time" For requirements of law in respect to appointments in this departit as it existed prior to the approval of the act of February 2, 1901, see section 7 d the act of March 2, 1899 (30 Stat. L., 979). For a statutory extension of the field vé ne sertion, as indicated in section 21 of the act of February 2, 1901, see the act of Mar 12, 1901, par. 578, ante.

regular rations are obtainable. It will be packed in a conveniently shaped package, and will be carried in the haversack or saddlebags and accounted for at inspection, etc., by the soldier.

6. Proportions of meat issues.

Fresh meats will ordinarily be issued seven days in ten, and salt meats three days in ten. If fish (dried, pickled, or canned) is issued it will be in substitution of salt meat. The proportions of the meat issues may be varied at the discretion of department commanders, not, however, without due consideration being given to the equitable rights of contractors engaged in furnishing fresh meats to the troops under their commands.

7. Substitute when the issue of both fresh meat and vegetables is impracticable.

Issues to enlist

ed men.

Feb. 8, 1815, v. 3. p. 204; Mar. 2,

Whenever the issue of both the fresh meat and vegetable components is impracticable there may be issued in lieu of them canned fresh-beef-and-vegetable stew, at the rate of 28 ounces to the ration.

771. Enlisted men shall be entitled to receive one ration daily.'

1821, v. 3, p. 615; July 5, 1862, v. 12, p. 508; July 16, 1892, v. 27, p. 178. Sec. 1293, R.S.

striction.

The same re- 772. Hereafter no enlisted man shall be entitled to more July 16, 1892, than one ration daily." Act of July 16, 1892 (27 Stat.

v. 27, p. 178.

Matrons and

nurses.

9, s. 5, v. 2, p. 134;

L., 178).

773. Hospital matrons and the nurses employed in post Mar. 16, 1802, C. or regimental hospitals [and members of the female nurse June 18, 1878, 8.5, corps] shall be entitled to receive one ration daily. Se. 19, act of February 2, 1901 (31 Stat. L., 753).

v. 20, p. 150; Feb.
2, 1901, 8. 19, v. 31,

p. 753.
Sec. 1295, R.S.

ISSUES TO CIVILIANS.

Issues of rations to civilian employees are governed by the requirements of paragraph 1398, Army Regulations, 1901, which provides that "issues of rations to civilians employed with the Army will be made on ration returns signed by the officers in charge of the employees, when ordered by the commanding officer.''

Rations furnished for the use of the Army, being the public property of the United States, can only be disposed of or issued in accordance with law. Issues to destitute citizens not being so authorized are made on the responsibility of the officer ordering the same. In this connection, see paragraph 1405, A. R., 1901.

Private persons not connected with the Army are not entitled to be subsisted at the expense of the United States, either while in quarantine hospitals or otherwise. 5 Comp. Dec., 191.

A civilian employee of the Army engaged to accompany a scientific expedition at a salary of $125 per month is not entitled to subsistence, but, like a commissioned officer, must subsist himself. Herendeen r. U. S., 28 Ct. Cls., 348.

Under General Orders No. 73, A. G. O., of 1879, an officer of the Army to whom a sum of money has been advanced for supplying enlisted men with liquid coffee for the estimated number of days' travel at the rate of 21 cents per day each while trav

to In

8. 16, v. 4, p. 738;

June 22, 1874, s. 3,

v. 18, p. 176.

Sec.2110, R.S.

774. The President is authorized to cause such rations Issues dians. as he deems proper, and as can be spared from the army June 30, 1834, provisions without injury to the service, to be issued under sch regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations, and a special account of these issues shall be kept and rendered.'

fee ration to be July 5, 1838,

162, s. 17, v. 5, p. 258. Sec. 1148, R. S.

sugar may be

commuted.

July 5, 1862, c.

510.

775. The ration of sugar and coffee where issued in kind,, Sugar and cofshail, when the convenience of the service permits, be is- issued weekly. sted weekly. 776. The Secretary of War may commute the ration of Coffee and coffee and sugar for the extract of coffee combined with milk and sugar, if he shall believe such commutation to be 133. s. 10, v. 12, p. conducive to the health and comfort of the Army, and not to be more expensive to the Government than the present ration; provided the same shall be acceptable to the men. 777. For each ration of sugar and coffee not issued, nor Commutation. commuted for the extract of coffee combined with milk 17. v. 5. p. 258. and sugar, enlisted men shall be paid in money.

Sec. 1147, R. S.

July 5, 1838, 8.

Sec. 1294, R. S.

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778. The officers of the Subsistence Department shall procure and keep for sale to officers and enlisted men at fost prices for cash or on credit, such articles as may from time to time be designated by the inspectors-general of the Army. An account of sales on credit shall be kept, and the amounts due for the same shall be reported monthly to the Paymaster-General.

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Sales of rations,

Mar. 3, 1965, c.

779. Commissioned officers of the Army, serving in the d. may purchase rations for their own use, from any 81, 5, v. 18, p. mmissary of subsistence, on credit, at cost prices; and Sec. 1145, B. S.

497

eng is authorized to turn over to the company commanders for the benefit of the any funds any balance of such sum remaining unexpended at the end of the 6 Comp Dec., 369.

menau quantities of food (articles of the ration may, on the order of the com"a51.ng officer, be issued to Indians visiting a military post. The order will state the number of Indians and their tribe, number of days for which the issues are “, „ar fities, and necessity for the issues. Indians will not be continuously submarved it, this manner except by authority of the Secretary of War. A copy of the *er directing the issue will accompany the abstract of issues. Par. 1266, A. R.,

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