Chapter XXV. to found a Military Asylum for the Relief and Support of invalid and disabled Soldiers of the Army of the United States
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Chap. XXV.— An Act to found a Military Asylum for the Relief and Support of invalid and disabled Soldiers of the Army of the United States.March 3, 1851. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That all soldiers of Who are to be members of the asylum. the army of the United States, and all soldiers who have been, or may hereafter be, of the army of the United States, whether regulars or volunteers, and who have contributed, or may hereafter contribute, according to section seven of this act, to the support of the military asylum hereby created, shall, under the restrictions and provisions which follow, be members of the said asylum, with all the rights annexed thereto.
Sec. 2. *And be it further enacted,* That, for the good government Government of the asylum. and attainment of the objects proposed by the institution aforesaid, the general-in-chief commanding the army, the generals commanding the eastern and western geographical military divisions, the quartermaster-general, the commissary-general of subsistence, the paymaster-general, the surgeon-general, and the adjutant-general, shall be, *ex officio*, commissioners of the same, constituting a board of commissioners, a majority Commissioners. of whom shall have power to establish, from time to time, regulations for the general and internal direction of the institution, to be submitted to the Secretary of War for approval; and may do any other Their powers. act or acts necessary for the government and interests of the same, as authorized herein.
Sec. 3. *And be it further enacted,* That the officers of the institution Officers of the institution. shall consist of a governor, a deputy governor, and a secretary, for each separate site of the asylum, the latter to be also treasurer; and the said officers shall be taken from the army, and appointed or removed, Appointment and removal. from time to time, as the interests of the institution may require, 596 by the Secretary of War, on the recommendation of the board of commissioners.
Sec. 4. *And be it further enacted,* That the following persons, Who entitled to the privileges of the asylum. members of the army asylum, according to section one, shall be entitled to the rights and benefits herein conferred, and no others, viz: every soldier of the army of the United States who shall have served, or may serve, honestly and faithfully twenty years in the same, and every soldier, and every discharged soldier, whether regular or volunteer, who shall have suffered by reason of disease or wounds incurred in the service and in the line of his duty, rendering him incapable of further military service, if such disability has not been occasioned by his own misconduct: *Provided,* That no deserter, mutineer, or habitual Proviso. drunkard, shall be received without such evidence of subsequent service, good conduct and reformation of character as the commissioners shall deem sufficient to authorize his admission.
Sec. 5. *And be it further enacted,* That any soldier admitted into Discharge on recovery. this institution, for disability as aforesaid, and who shall recover his health, so as to fit him again for military service, (he being under fifty years of age,) shall be discharged: *Provided,* That any pensioner on Pensioners to be entitled to the privileges of the asylum, on transferring their pensions while availing themselves of it. the account of wounds or disability incurred in the military service, although he may not have contributed to the funds of the institution, shall be entitled to all the benefits herein provided, upon transferring his pension to said asylum, for and during the period that he may voluntarily continue to receive such benefits.
Sec. 6. *And be it further enacted,* That the provisions of the foregoing Soldiers convicted of felony, or other disgraceful or infamous crime, excluded from said privileges. sections shall not be extended to any soldier in the regular or volunteer service, who shall have been convicted of felony, or other disgraceful or infamous crimes of a civil nature since he shall have been admitted into the service of the United States. Sec. 7. *And be it further enacted,* That for the support of the said Funds for support of the asylum.Balance of former appropriation.1847, ch. 35.$118,791,19 of the contributions levied in Mexico. institution the following funds shall be set apart, and the same are hereby appropriated: any unexpended balance of the appropriation made March second, eighteen hundred and forty-seven, now remaining in the treasury, for the benefit of discharged soldiers disabled by wounds; the sum of one hundred and eighteen thousand seven hundred and ninety-one dollars and nineteen cents, levied by the commanding general of the army of the United States in Mexico, during the war with that republic, for the benefit of the soldiers of the United States army, regulars and volunteers, engaged in that war, but taken possession of as funds of the United States and placed in the treasury; all Fines and stoppages of pay of soldiers, after certain deduction.Forfeitures for desertion.Part of hospital and post funds.Unclaimed pay of deceased soldiers, subject to be reclaimed. stoppages or fines adjudged against soldiers by sentence of courts martial, over and above any amount that may be due for the reimbursement of government, or of individuals; all forfeitures on account of desertion, all moneys, not exceeding two thirds of the balance on hand, of the hospital fund, and of the post fund of each military station and post, after deducting the necessary expenses of the year, and all moneys belonging to the estates of deceased soldiers, which now are, or may hereafter be unclaimed for the period of three years, subsequent to the death of said soldier or soldiers, to be repaid by the commissioners of the institution, upon the demand of the heirs or legal representatives of the deceased: *And provided, also,* That from the Deductions from pay. first day of the month, next after the passage of this act, there shall be deducted from the pay of every non-commissioned officer, musician, artificer, and private, of the army of the United States, the sum of twenty-five cents per month, which sum so deducted shall, by the pay department of the army, be passed to the credit of the commissioners of the army asylum, who are hereby also authorized to receive all donations Commissioners authorized to receive donations. of money or property made by any person or persons for the benefit of the institution, and hold the same for its sole and exclusive 597THIRTY-FIRST CONGRESS.
Sess. II. Ch. 26. 1851. use: *Provided,* That the deduction of twenty-five cents per month Proviso. from the pay of non-commissioned officers, musicians, artificers, and privates of regiments of volunteers, or other corps or regiments, raised for a limited period, or for a temporary purpose or purposes, shall only be made with their consent. Sec. 8. *And be it further enacted,* That the commissioners of this Site or sites for the asylum. institution, by and with the approval of the President, be, and the same are hereby authorized and required to procure for immediate use, at a suitable place or places, a site or sites for the Military Asylum, and if the necessary buildings cannot be procured with the site or sites, to Buildings. have the same erected, having due regard to the health of the locations, facility of access, to economy, and giving preference to such places as, with the most convenience and least cost, will accommodate the persons provided for in this act.
Sec. 9. *And be it further enacted,* That the commissioners, with Rules and regulations to be prepared.Asylums to be fitted and furnished.Report to be made by Secretary of War at next session of Congress. the approval of the Secretary of War, prepare the necessary rules and regulations for the government of said institution, and cause the same to be fitted and furnished for the immediate reception of those persons provided for in this act, and that the Secretary of War report upon the execution of this duty at the next session of Congress.
Approved, March 3, 1851.