254
The Post Council shall have power from time to time, to prescribe the
quantity and kind of clothing, small equipments, and soldiers; necessaries,
groceries, and all articles which the sutler may be held bound to keep
on hand, to supply the probable wants of the officers and men; to examine
the sutler's books and papers; and on actual inspection, to fix the
tariff of prices of the said goods or commodities. For this purpose,
the Council shall also examine, as far a practicable, the prices for
which similar articles are sold in the vicinity of the post , and determine
the prices accordingly. To inspect the sutler's weights, measures, &c,
&c
256
When there is a sutler with troops, he shall, for
the privilege enjoyed, be assessed, and held to pay, at the end of every
two months, or oftener; as may be determined by the Council of Administration
of the post, at a rate not exceeding twelve cents a month for every officer
and enlisted soldier serving at the post-the monthly average number of such
persons to be determined equitably by the said Council.
279
Every military post may have one Sutler, to be appointed
by the Secretary of War only upon the recommendation of the council of Administration,
approved by the commanding officer.
280
A Sutler shall hold his office for a term of three
years, unless sooner removed; at the expiration of which time, he may be
re-appointed by the War Department, upon the same recommendation as specified
in paragraph 279
281
Besides the amenability of the Sutler, under the
60th Article of War, he may be removed by the Secretary of War, or suspended
from the privilege of suttling, by the commanding officer of the post,
until the decision of the War Department can be known in the cause
282
In case of non-appointment, accidental vacancy, or
suspension, the commanding officer of the post, upon the nomination of the
Council of Administration, may appoint a person to act as Sutler, until
the pleasure of the Secretary of War be made known there upon. In case the
Secretary of War does not appoint the person nominated by the Council, or
approve of the one temporarily selected by the commanding officer, he will
then designate a person to act as Sutler, until an appointment be made in
the mode prescribed in paragraph 279.
283
Troops in campaign, on detachment, or on distant
service, will be allowed Sutlers, at the rate of one for every regiment,
corps, or separate detachment; to be appointed by the commanding officer
of such regiment, corps, or detachment, upon the recommendation of the Council
of Administration, subject to the approval of the General, or other officer
in command.
284
Sutlers shall be considered, by their warrants,
as superior to enlisted soldiers; they are not entitled, however, to exercise
any military authority over soldiers, but will be treated with respect,
and protected in their places.
285
The commanding officer will lend his authority to
protect the Sutler in his privileges; and no tax or burden, in any shape,
other than the authorized assessment for the post-fund, will be imposed
on him. If there is a spare building, the use of it may be allowed to the
Sutler, he being responsible that it is kept in repair. If there be no such
building, he will be allowed to erect one suitable to his purpose; but this
article gives the Sutler no claim to quarters, transportation for himself
or goods, or to any military allowance whatever.
286
The tariff of prices fixed by the Council of Administration
shall be exposed in a conspicuous place, in the Sutler's store. No difference
of prices will be allowed, on cash or credit sales.
287
No Sutler shall credit any enlisted soldier, within
the same month, to exceed one-half of his monthly pay, without sanction,
in writing, from the soldier's company commander.
288
Sutlers are not allowed to keep ardent spirits,
under penalty of losing their situation
289
Due-bills are in no case to be issued to soldiers
by Sutlers.
290
Sutlers are expressly prohibited from farming out,
or underletting to another, the business and privileges granted by their
appointment; and any Sutler who shall violate this regulation, shall forthwith
be removed.
