389. Hereafter all materials for the construction and repair of lighthouses, light-vessels, beacons, buoys, etc., shall be procured by public contracts under such regulations as the board may from time to time adopt, subject to the approval of the secretary of the treasury; and all works of construction, renovation, and repair shall be made by the orders of the board, under the immediate superintendence of their engineer secretary, or of such engineer of the army as may be detailed for that service.-Sec. 15, ibid.

390. That the President be and he is hereby required to cause to be detailed from the engineer corps of the army, from time to time, such officers as may be necessary to superintend the construction and renovation of lighthouses.-Sec. 9, March 3, 1851, chap. 37.

391. No additional salary shall be allowed to any civil, military, or naval officer who shall be employed on the lighthouse board, or who may be in any manner attached to the lighthouse service of the United States under this act. And provided further, That it shall not be lawful for any member of the lighthouse board, inspector, light-keeper, or other person in any manner connected with the lighthouse service, to be engaged either directly or indirectly in any contract for labor, materials, or supplies for the lighthouse service; nor to possess, either as principal or agent, any pecuniary interest in any patent, plan, or mode of construction or illumination, or in any article of supply for the lighthouse service of the United States.-Sec. 17, August 31, 1852, chap. 112.

392. If such person as the secretary of the treasury shall designate shall report, in any of the cases herein provided for," that preliminary surveys are necessary to determine the site of a proposed lighthouse or light-boat, beacon or buoy, or to ascertain more fully what the public exigency demands, the secretary of the treasury shall thereupon direct the superintendent of the survey of the coast of the United States to perform such duty on the seaboard, and the colonel of the corps of topographical engineers to perform such duty on the northwestern lakes.-Sec. 2, March 3, 1851, chap. 37.

393. The officers so directed shall forthwith enter upon the discharge of the duty, and after fully ascertaining the facts shall report: First, whether the proposed facility to navigation is the most

17 PRELIMINARY SURVEYS. - Paragraphs 392, 393 are sections of an act making appropriations for the construction, repair, etc., of certain designated lighthouses, etc., and their provisions were, therefore, under the terms of the first paragraph, limited to the works appropriated for in that act; but by a clause in the act of August 31, 1852, it is enacted that these sections of the former act "are hereby declared to be in full force." In this awkward manner provision seems to have been made for such future surveys as might be required.

suitable for the exigency which exists; and second, where it should be placed, if the interests of commerce demand it; third, if the thing proposed be not the most suitable, whether it is expedient to make any other kind of improvement; fourth, whether the proposed light has any connection with other lights; and if so, whether it cannot be so located as to subserve both the general and the local wants of trade and navigation; and fifth, whether there be any, and if any, what other facts of importance touching the subject.— Sec. 3, ibid.

394. Where cessions have been or hereafter may be made by any State, of the jurisdiction of places where lighthouses, beacons, buoys, or public piers have been erected and fixed, or may by law be provided to be erected and fixed, with reservation that process, civil and criminal, issuing under the authority of such State, may be executed and served therein, such cessions shall be deemed sufficient, under the laws of the United States providing for the supporting or erecting of lighthouses, beacons, buoys, and public piers. Sec. 1, March 2, 1795, chap. 40.

395. Where any State hath made or shall make a cession of jurisdiction, for the purposes aforesaid, without reservation, all process, civil and criminal, issuing under the authority of such State or the United States, may be served and executed within the places, the jurisdiction of which has been so ceded, in the same manner as if no such cession had been made.-Sec. 2, ibid.

18 LIGHTHOUSE RESERVATIONS.-The reservation of public lands for lighthouse purposes is, in Oregon and Washington Territory, limited to twenty acres "at any one point or place." See Chap. xxiv., note 2.

Purchases of lands, for lighthouse purposes, must be made in conformity to statutes quoted in note 14 d of this chapter, and in ¶¶ 770, 773, Chap. xxiv.

Sales of lighthouse reservations.-Sec. 1, act of April 28, 1828, provides "that in all cases where lands have been, or shall hereafter be, conveyed to, or for, the United States, for forts, arsenals, dockyards, lighthouses, or any like purpose, or in payment of debts due the United States, which shall not be used, or necessary for the purposes for which they were purchased, or other authorized purpose, it shall be lawful for the President of the United States to cause the same to be sold for the best price to be obtained, and to convey the same to the purchaser by grant or otherwise." But all laws authorizing the sale of military sites have been repealed: see ¶ 774; and see last clause of note 15 a.

19 BUOYS." Hereafter all buoys along the coast, or in bays, harbors, sounds, or channels, shall be colored and numbered, so that passing up the coast or sound, or entering the bay, harbor, or channel, red buoys with even numbers shall be passed on the starboard hand; black buoys with uneven numbers on the port hand; and buoys with red and black stripes on either hand; buoys in channel-ways to be colored with alternate white and black perpendicular stripes.”—Sec. 6, September 29, 1850.

CHAPTER XIII.

THE ORDNANCE DEPARTMENT.

ORGANIZATION.

401. THE ordnance department' of the army shall consist of the same number of officers and enlisted men as now authorized by law, and the officers shall be of the following grades, viz.: one brigadiergeneral, three colonels, four lieutenant-colonels, ten majors, twenty captains, sixteen first lieutenants, and ten second lieutenants, with the same pay and emoluments as now provided by law; and thirteen ordnance storekeepers, of whom a number not exceeding six may be appointed and authorized to act as paymasters at armories and arsenals. The ordnance storekeeper and paymaster at the national

1 This department was first established under act of May 14, 1812, but was materially modified by act of February 8, 1815. It was not provided for in the reduction of the army under act of March 3, 1815, but was retained on the ground that "departments which do not form a constituent part of the army are preserved except so far as the [said] act of Congress by express provision, or necessary implication, introduces an alteration.-The ordnance department is preserved. It is a distinct establishment with a view to a state of peace, as well as a state of war. It is not affected by any express provision in the act of Congress, and it is an object of the appropriations made for the military peace establishment."-Secretary of War to board of officers, April 17, 1815. Congress, however, deemed it necessary to recognize, and continue the department in express terms. See ¶ 410.

(a.) Sec. 4, act of March 2, 1821, enacted "That the ordnance department shall be merged in the artillery; and that the President of the United States be and he is hereby authorized to select, from the regiments of artillery, such officers as may be necessary to perform ordnance duties, who, while so detached, shall receive the pay and emoluments now received by ordnance officers, and shall be subject only to the orders of the war department." And, making provision for such details, sec. 2 of same act attached "to each regiment of artillery one supernumerary captain to perform ordnance duty," and to each company of that arm of service four subaltern officers. Under this arrangement there were but four officers (the supernumerary captains of artillery) whose assignments possessed the permanency essential to acquirement of practical experience in the duties of a department charged generally, in all its details, with the armament of our fortifications and national forces, regulars, volunteers, and militia; and the want of efficiency resulting from such a system [see Ex. Doc., vol. 1, First Sess. 22d Congress, pp. 23, 138-145] evoked the act of April 5, 1832, by which a corps of ordnance officers was re-established. That act contained a proviso, however, that nothing therein contained "shall be so construed as to divest the President of the United States of authority to select from the regiments of artillery such number of lieutenants as may be necessary for the performance of the duties of the ordnance department." But in connection with an increase in the department, by transfer of subalterns from the artillery, the number of subalterns to be attached to each company of artillery was reduced to three, and the proviso of the act of 1832 may have been thus repealed by implication. See secs. 1, 13, July 5, 1838.

armory at Springfield shall have the rank, pay, and emoluments of major of cavalry, and all other ordnance storekeepers shall have the rank, pay, and emoluments of captains of cavalry, and two-thirds of the military storekeepers and ordnance storekeepers to be appointed under this and the 14th section of this act shall be selected from volunteer officers or soldiers who have performed meritorious service in the army of the United States during the late rebellion.— Sec. 21, July 28, 1866, chap. 299.

402. No officer of the ordnance department below the rank of a field officer shall be promoted or commissioned to a higher grade, nor shall any officer of the army be commissioned as an ordnance officer, until he shall have passed a satisfactory examination before a board of not less than three ordnance officers senior to him in rank; and should such officer fail on such examination, he shall be suspended from promotion or appointment for one year, when he may be re-examined before a like board; and if upon such second examination an ordnance officer fail he shall be dismissed from the service, and if an officer of the army he shall not be commissioned. -Sec. 4, March 3, 1863, chap. 78.

403. The colonel or senior officer of the ordnance department is authorized to enlist, for the service of that department, as many master-armorers, master-carriage-makers, master-blacksmiths, artificers, armorers, carriage-makers, blacksmiths, and laborers, as the public service, in his judgment, under the direction of the secretary for the department of war, may require.-Sec. 11, June 18, 1846, chap. 29. 404. The enlisted men of the ordnance department now designated as master-workmen3 shall hereafter be designated and mustered

(b.) The ordnance department holds that the functions and relations of that department, as an integral part of the military establishment, were defined and fixed by the act of Feb. 8, 1815, and that these functions and relations remained unimpaired under the change in the personnel of the department in 1821; that the execution of these functions was, under the laws of 1815 and 1821, placed under the immediate direction and control of the secretary of war, and of him only; and that the act of 1832, reestablishing a corps of ordnance officers, did not modify pre-existing laws in this regard. This status is still maintained by the ordnance department. See G. O. No. 12, A.-G. O., 1869, as modified by G. O. No. 54, A.-G. O., 1871. See note 21 c, ¶ 743. 2 Which made provision for military storekeepers in the quartermaster's department. PROMOTIONS AND APPOINTMENTS.-The chief of ordnance to be selected from the department (536); and temporary vacancy in the office of, to be filled as provided in 9-12. Lieutenants entitled to promotion after fourteen years' service (¶541); but for a general suspension of appointments and promotions see ¶ 538.

This is a reiteration of the authority granted in the act of February 8, 1815, which had been restricted by intermediate legislation. The number of enlisted men is limited to 475, by G. O. No. 23, A.-G. O., 1871.

5 Viz., master-armorers, master-carriage-makers, and master-blacksmiths. Sergeants of ordnance are, under act of February 8, 1815, excluded from any right to an allowance for clothing.-Second Comptroller, November 12, 1864.

as sergeants; those now designated as armorers, carriage-makers, and blacksmiths shall be designated and mustered as corporals; those now designated as artificers shall be designated and mustered as privates of the first class; and those now designated as laborers shall be designated and mustered as privates of the second class. Provided, That the pay, rations, and clothing now authorized by law to the respective grades of enlisted ordnance men shall not be changed. Sec. 3, July 5, 1862, chap. 133.

5b

GENERAL PROVISIONS.

405. It shall be the duty of the colonel [chief"] of the ordnance department to direct the inspection and proving of all pieces of ordnance, cannon-balls,' shot, shell, small-arms, and side-arms, and equipments, procured for the use of the armies of the United States; and to direct the construction of all cannon and carriages, and every implement and apparatus for ordnance, and all ammunition wagons, traveling forges, and artificers' wagons, the inspection and proving of powder, and the preparation of all kinds of ammunition and ordnance stores. And it shall also be the duty of the colonel, or senior officer of the ordnance department, to furnish estimates, and, under the direction of the secretary for the department of war, to make contracts and purchases for procuring the necessary supplies of arms, equipments, ordnance, and ordnance stores.-Sec. 3, February 8, 1815, chap. 38.

406. The colonel [chief] of the ordnance department shall organize and attach to regiments, corps, or garrisons such number of

(a.) The distinction between sergeants of ordnance and ordnance sergeants to be observed. The status of the former class is determined by above section; but ordnance sergeants, though appointed under "An act providing for the organization of the ordnance department," are by force of army regulations wholly disconnected from that department. They are classed in the non-commissioned staff of the army, and are appointed and assigned to duty under the immediate direction of the adjutant-general's office. See Chap. xiv., ¶ 446.

(b.) Sec. 11, act of February 11, 1815 (chap. 38), had enacted that "The pay of a master-armorer shall be thirty dollars per month, and one and a half rations per day; of a master-carriage-maker, thirty dollars per month, and one and a half rations per day; of a master-blacksmith, thirty dollars per month, and one and a half rations per day. The pay of armorers, carriage-makers, or blacksmiths, each, sixteen dollars per month, and one and a half rations per day; the pay of artificers, thirteen dollars per month, and one ration per day; and the pay of laborers, nine dollars per month, and one ration per day; and to all of the said workmen, artificers, and laborers the same clothing, and other allowances, as are allowed to privates of infantry in the army of the United States, except clothing to the master-workmen." But for present rates of pay see ¶ 326.

It was the chief of the corps, who is designated in this act by the title of colonel. He is now a brigadier-general.