July 19, 1848.
1846, ch. 29.
Chap. CIV. — An Act to amend an Act entitled "An Act supplemental to an Act entitled 'An Act providing for the Prosecution of the existing War between the United States and the Republic of Mexico'" and for other Purposes.
Repeal of provisions of the act of 18th June, 1846, ch. 29, requiring the number of major-generals in the army to be reduced to one, and the number of brigadier-generals to two, at the close of the war.
Proviso as to filling up vacancies.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso of the first section of an act approved the eighteenth day of June, one thousand eight hundred and forty-six, in the following words, "That when the war with Mexico shall be terminated by a definitive treaty of peace, duly concluded and ratified, the number of major-generals in the army shall be reduced to one, and the number of brigadier-generals shall be reduced to two; and the President of the United States is authorized and directed to select from the whole number which may then be in office, without regard to the date of their commissions, the number to be retained, and cause the remainder to be discharged from the service of the United States," be, and the same is hereby, repealed: Provided, That no vacancy happening in the grade of general officer shall be filled up until the number is reduced to one major-general and two brigadier-generals.
So much of the existing laws as require the discharge, at the close of the war, of the additional majors, repealed.
1847, ch. 8.
Sec. 2. And be it further enacted, That so much of the existing laws as require the discharge, at the close of the war with Mexico, of one additional major to each of the regiments of dragoons, artillery, infantry, and riflemen in the army of the United States, who were appointed or promoted under the third section of the act passed on the eleventh day of February, one thousand eight hundred and forty-seven, entitled "An Act to raise for a limited time an additional military force, and for other purposes," be, and the same is hereby, repealed.
Repeal of the provisions requiring the discharge of additional surgeons, assistant surgeons, quartermasters, assistant quartermasters, assistant adjutants-general, deputy paymasters, and musicians.
1847, ch. 8.
1847, ch. 61.
Proviso as to vacancies.
Proviso.
Sec. 3. And be it further enacted, That so much of said act, passed on the eleventh of February, one thousand eight hundred and forty-seven, as requires the discharge, at the close of the war with Mexico, of two additional surgeons and twelve additional assistant surgeons, as authorized by the eighth section of said act; four quartermasters and ten assistant quartermasters, as authorized by the tenth section of said act; and so much of the act of the third of March, eighteen hundred and forty-seven, as requires the discharge, at the close of the war with Mexico, of an assistant adjutant-general, with the rank, pay, &c., of a lieutenant-colonel of cavalry, and two assistant adjutants-general, with the brevet rank, pay, &c., of a captain of cavalry, as authorized by the second section of the said act of the third of March, eighteen hundred and forty-seven; and the two deputy paymasters, as authorized by the
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twelfth section of the last-mentioned act, and the two principal musicians allowed to each regiment of artillery by the eighteenth section of the said last-mentioned act, be, and the same is hereby, repealed: Provided, That no vacancy happening under the provisions so repealed shall be filled up until further authorized by law: And provided further, That the ten additional paymasters, appointed in virtue of the said foregoing act of the third of March, eighteen hundred and forty-seven, shall be retained in service until the fourth day of March, eighteen hundred and forty-nine.
Officers of the old army who received appointments in the new regiments restored to their former regiments or corps.
Proviso.
Sec. 4. And be it further enacted, That all the officers of the old army who received appointments in any of the additional regiments raised for the war with Mexico shall be restored to their former regiments or corps, and rank as additional officers of the respective grades to which they would have succeeded, and to which they shall now succeed, in virtue of their former commission: Provided, That such officers so restored shall be appointed by the President, by and with the advice and consent of the Senate: And provided, That the next vacancy happening in such grade of such regiment or corps to which they succeed shall not be filled.
Three months' extra pay.
Proviso.
Sec. 5. And be it further enacted, That the officers, non-commissioned officers, musicians, and privates engaged in the military service of the United States in the war with Mexico, and who served out the term of their engagement, or have been or may be honorably discharged — and first to the widows, second to the children, third to the parents, and fourth to the brothers and sisters of such who have been killed in battle, or who died in service, or who, having been honorably discharged, have since died, or may hereafter die, without receiving the three months' pay herein provided for — shall be entitled to receive three months' extra pay: Provided, That this provision of this fifth section shall only apply to those who have been in actual service during the war.
Approved, July 19, 1848.

Printed Document, 2 page(s), Public Acts, 30th Cong., 1st sess., George Minot, Statutes at Large 9, 247-48