fc.f; • *•:■>' --. 5 $«^ V.: ^H ,. , . *»- -v? *' K cr,"j: ^DOOl- *sy *r) Surgeon General's Office $h no. il/^r... -lp'ij' X3GO j Q. .j ^j-u ^S©-« ,*. % MILITARY LAWS OF THE i TO WHICH IS PREFIXED THE CONSTITUTION" OF THE UNITED STATES. -«aaiiBt» i'on *■• Compiled and Published under Authority flf the War Department. BY TRUEMAN CROSS. 3ta$ij!ngton: EDWARD DE KRAFFT, PRINTER' 1825. UB l S > to *> ADVERTISEMENT. The subjoined letters, whilst they show the authority by which this compilation is offered to the army, indicate the plan on which it was originally designed to be exe- cuted. It was soon perceived however, from the mingled character of the legislation, that the arrangement suggest- ed could not be adhered to—a single act often embracing provisions under each of the several heads of division. This indeed, the compiler, from an acquaintance with the. few acts which had previously come under his observa- tion, was already aware of and ought to have borne in mind; but at the moment of the suggestion, he was rather looking to what should be, than to what was, the actual state of things. It was not without reluctance that he undertook the task, of pronouncing upon the repeal of the several laws: First, from a doubt of his ability—amidst a press of cur- rent duties which more than shared his attention, to de- cide accurately upon so many nice and difficult points; and secondly, from a conviction, that the question of repeal is purely a judicial one, belonging to the competent tri- bunals to determine. It is, indeed, a right which they cannot surrender; one which no other power can legally exercise. With these impressions, the notes of the com- piler have been made, and though they may be found expressed in terms somewhat positive, they should only be regarded as references, or passing admonitions, ema- nating from authority too humble to be taken as conclu- sive. WASHINGTON, December 24, 1824. Sir: I have had it in contemplation for some time, and am prompt- ed to the suggestion at this moment by an increased sense of its importance, to propose, for the use of the army, a compilation of the acts of congress relating thereto. It would embrace all laws of that discription, enacted since the formation of the present govern- ment, whether relating to organization, discipline, or administra- tion; and if found convenient, would be arranged under those dis- tinct heads, with a view to facilitate reference. The laws relating to the militia, tirrgfit also be embraced in the shape of an appendix. The importance and necessity of such a work, are believed to be apparent. That usually denominated the "Blue Book" cannot, with propriety, be called a substitute fur the one proposed. Be- sides being extremely deficient in matter, its arrangement is re- garded as defective. The propriety of rendering all the penal laws accessible to those on whom they are to operate, is sufficiently obvious—and it is believed to be an object of some moment, that the laws relating to organization and administration, though repealed or modified, should, also, be placed within the reach of the army. If they an- swer no other end by assisting in the fair interpretation of subse- quent acts, they would, perhaps, be important, as presenting a com- plete and connected history of the military legislation—a point on which, there is some dearth of information. Scattered as those laws are at present, through six ponderous volumes of the statutes at large, it is scarcely possible that they ever can become sufficiently known. A copious index, with now and then a note of reference, indi- cating essential connections between laws of different dates, would be all that I should add to a naked copy of the laws themselves, taken from an authentic source. Should the proposition meet your approbation, I would, very cheerfully, devote my leisure to its accomplishment. I have the honor, &c. &c. T. CROSS. Hon. John C. Calhoun, Secretary of War. DEPARTMENT OF WAR, Beccmber 30, 1824. Sir: I have received and considered your letter of the 24th instant, suggesting a compilation of the acts of congress, relating to the army and the militia. The proposition meets my entire approbation, and you are authorized to proceed to the execution of the work as early, and with as much despatch, as your other duties will permit. The plan laid down in your letter will be adhered to, should it not be found impracticable, from the nature of the laws, to observe the classifi- cation proposed. As all the laws will be given, it is desirable, for the sake of practical convenience, to distinguish such as have been repealed by subsequent enactments. A remark to that effect where it is obvious, and a note of reference to direct the readers attention where it is matter of doubt, should, therefore, be inserted. I have the honor, &c. &c. J. C. CALHOUN. Maj. T. Cross, United States Army. LIST OF CONTENTS. Page. CHAP. 1. Constitution of the United States, ... 1 CHAP. 2. Resolution of Sept 20, 1776. - - - - 17 CH\P. 3 Resolution of April H, 1777, .... 36 CH4P. 4 Resolution of May 27, 1777, - - . - 38 CHAP. 5. Resolution of June 14, 1777, .... 38 CHAP 6 Resolution of June 18, 1777, . - 38 CH\P 7. Resolutipn of \pril 12, 1785, .... 58 CHAP. 8. Resolution of May 31,1786, . - - - - 40 CHAP. 9 Resolution of October 3, 1787, .... 46 CHAP. 10. An act to establish an executive department, to be denominated the department of war, August 7, 1789. - - 47 CHAP. 11. An act to recognise and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in congress assembled, and for other purposes therein mentioned, September 29, 1789, . 49 CHAP. 12. An act for regulating the Military Establishment of the United States, April 30, 1790, ..... 50 CHAP. 13. An act for raising and adding another regiment to the military establishment of the United States, and for making farther pro- vision for the protection of the frontiers, March 3, 1791, 54 CHAP. 14. An act for making farther and more effectual provision for the protection of the frontiers of the United States, March 5, 1792, 57 CHAP. 15. An act supplemental to the act for making farther and more ef- fectual provision for the protection of the frontiers of the United States, March 28, 1792, - . . . 61 CHAP. 16. An act making alterations in the Treasury and War Depart- ments, May 8, 1792, 61 CHAP. 17. An act making an alteration in the flag of the United States, January 13, 1794, - - - - - -62 CHAP. 18. An act to provide for the defence of certain ports and harbors in the United States, March 20, 1794, - - .62 CHAP. 19. An act to provide for the erecting and repairing of arsenals and magazines, and for other purposes, April 2, 1794, - 63 CHAP. 20. An act for raising and organizing a Corps of Artillerists and Engineers, May 9, 1794, - - - . -65 CHAP. 21. An act supplementary to "An act to provide for the defence of certain ports and harbors in the United States," May 9,1794, 66 VIII CHAP. 22. An act in addition to the "Act for making further and more ef- fectual provision for the protection of the frontiers of the United States," June 7, 1794, - - - - - 66 CHAP. 23. An act to establish the office of Purveyor of Public Supplies, February 23, 1795, .... 67 CHAP. 24 An act for continuing and regulating the Military Establishment ot the United States, and for repealing sundry acts heretofore passed on that subject, March 3, 1795, - - - 65 CHAP. 25. An act allowing compensation for horses killed in battle belong ingto officers of the arm> of the United States, May 12, 1796, 70 CHAP. 26. An act to ascertain and fix the military establishment of the United States, May 30, 1796, .... 74 CHAP. 27. An act to amend and repeal, in part, the act, entitled "An act to ascertain and fix the military establishment of the United States, March 3, 1797, - - - - - 79 CHAP. 28. An act to provide for the further defence of the ports and har- bors of the United States, June 23, 1797, 81 CHAP. 29. An act to provide for the widows and orphans of certain de- ceased officers, March 14, 1798, .... 81 CHAP. 30 An act to provide an additional regiment of artillerists and en- gineers, April 27, 1798, ..... 82 CHAP. 31 An act supplementary to the act providing for the further de- fence of the ports and harbors of the United States, May 3,1798, 83 CHAP. 32. An act to enable the president of the United States to procure cannon, arms, and ammunition; and for other purposes, May 4, 1798, ....... 84 CHAP. 33. An act to amend the act, entitled "An act to amend and repeal, in part, the act, entitled 'An act to ascertain and fix the military establishment of the United States," May 22, 1798, . 85 CHAP. 34. An act authorizing the president of the United States to raise a provisional army, May 28, 1798, - . - 86 CHAP. 35. An act supplementary to, and to amend, the act, entitled "An act authorizing the president of the United States to raise a pro- visional army," June 22, 1798, .... 91 CHAP. 36. An act to augment the army of the United States, and for other purposes, July 16, 1798, - - - . - 92 CHAP. 37. An act to alter and amend the several acts for the establishment and regulation of the treasury, war, and navy, departments, Ju- ly 16,1798, ...... 95 CHAP. 38. An act to regulate the medical establishment, March 2, 1799, 96 CHAP. 39. An act giving eventual authority to the president of the United States to augment the army, March 2, 1799, - - 99 CHAP. 40. An act authorizing the president of the United States to fill cer- tain vacancies in the army and navy, March 3, 1799, . 102 CHAP. 41. An act for the better organizing of the troops of the United States, and for other purposes, March 3,1799, . . 102 T£ CHAP. 42. An act to suspend, in part, an act, entitled "An act to augment the army of the United States, and for other purposes," Febru- ary20,1800, - - - - . Ill CHAP. 43. An act to fix the compensation of the paymaster-general, and assistant to the adjutant-general, April 22, 1800, - . Ill CHAP. 44. An act for the regulation of public arsenals and magazines, May 7,1800.......112 CHAP. 45. An act supplementary to the act to suspend part of an act, enti- tled "An act to augment the army of the United States, and for other purposes," May 14, 1800, - - - 113 CHAP. 46. An act fixing the military peace establishment of the United States, March 16, 1802, - - . . 114 CHAP. 47. An act in addition to an act, entitled "An act fixing the milita- ry peace establishment of the United States," February 28, 1803, ---.--. 122 CHAP. 48. An act directing a detachment from the militia of the United States, and for erecting certain arsenals, March 3, 1803, 123 CHAP. 49. An act in addition to "An act for fixing the military peace es- tablishment of the United States," March 26,1804, - 123 CHAP. 50. An act for establishing rules and articles for the government of the armies of the United States, April 10, 1806, - 124 CHAP. 51. An act authorizing the employment of the land and naval forces of the United States, in cases of insurrection, March 3, 1807, 143 CHAP. 52. An act supplementary to an act, entitled "An act for fortifying the ports and harbors of the United States, and for building gun boats," January 8, 1808, .... 143 CHAP. 53. An act authorizing the sale of public arms, April 2, 1808, 144 CHAP. 54. An act to raise, for a limited time, an additional military force, April 12,1808, . . . . . .145 CHAP. 55. An act concerning public contracts, April 21, 1808, - - 148 CHAP. 56. An act making provision for arming and equipping the whole body of the militia of the United States, April 23, 180S, - 150 C HAP. 57. An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy, departments, March 3, 1809, . - - . 151 CHAP. 58. An act making further appropriations to complete the fortifica- tions commenced for the security of the ports and harbors of the United States, and to erect such fortifications as may be ne« cessary for the protection of the northern and western fron- tiers of the United States, June 14, 1809, - . 152 CHAP. 59. An act to suspend, for a limited time, the recruiting service, June 28, 1809, - 152 CHAP. 60. An act for completing the existing military establishment, De- cember 24, 1811, - 153 CHAP. 61. An act to raise an additional military force, January 11, 1812, 153 CHAP. 62. An act supplementary to "An act to raise, for a limited time, an additional military force," passed on the twelfth day of April, one thousand eight hundred and eight, February 24, 1812, 159 B X CHAP 63. An act supplementary to "An act to raise an additional military force, March" 17,1812, ... - 160 CHAP. 64. An act to establish a quartermaster's department, and for other purposes, March 28,1812, .... - 160 CHAP 65. An act in addition to the act, entitled "An act to raise an addi- tional military force," passed January the eleventh, one thou- sand eight hundred and twelve, April 8, 1812, - 165 CHAP. 66. An act for the organization of a corps of artificers, April 23, 1812,.......165 CHAP. 67. An act making further provision for the corps of engineers, April 29, 1812,.....- 167 CHAP 68. An act to provide for designating, surveying, and granting, the military bounty lands, May 6, 1812, - - 169 CHAP. 69. An act for the better regulation of the ordnance, May 14, 1812,.......171 CHAP. 70. An act making further provision for the army of the United 173 States, May 16, 1812,.....173 CHAP. 71. An act to amend an act, entitled "An act to establish a quarter- master's department, and for other purposes," May 22, 1812, 174 CHAP. 71. An act for the more perfect organization of the army of the United States, June 26, 1812, - - - - 176 CHAP. 73. An act respecting the pay of the army of the United States, July 6, 1812,......177 CHAP. 74. An act making further provisions for the army of the United States, and for other purposes, July 6, 1812, - - 177 CHAP. 75. An act increasing the pay of the non-commissioned officers, mu- sicians, privates, and others, of the army, and for other pur- poses, December 12, 1812, .... 179 CHAP 76. An act supplementary to the act, entitled "An act for the more perfect organization of the army of the United States," January, 20,1813, ....... 180 CHAP. 77. An act in addition to the act, entitled "An act to raise an addi- tional military force," and for other purposes, January 29, 1813, 181 CHAP-78, An act making provision for an additional number of general officers, February 2*. 1813, .... 185 CHAP. 79. An act the better to provide for the supplies of the army of the United Stales, and for the accountability of persons entrusted with the same, March 3, 1813, .... 18"; CHAP. 80. An act for the better organization of the general staff of the army of the United States, March 3, 1813, - - ISO CHAP. 81. Resolution requesting the president of the United States to cause to be prepared and laid before congress a system of military dis- cipline, March 3, 1813, f 192 CHAP. 82. An act to amend the "Act in addition to the act, entitled 'An act to raise an additional military force, and for other purposes," July 5, 1813, ----.. 192 C HAP. 83. An act to regulate the allowance of forage to officers in the army of the United States, July 22, 1813, - - - 192 XI Page. CHAP. 84. An act to authorise the appointment, by the president, of certain officers during the recess of the senate, August 2, 1M3,.......193 C HAP. 85. An act supplementary to the act, entitled "An act for the better regulation of the ordnance, August 2, 1813, - - 193 CHAP. 86. An act making further provision for filling the ranks of the re- gular army, encouraging enlistments, and authorizing the re-en- listments, for longer periods, of men whose term of service are about to expire, January 27, 1814, ... 194 CHAP. 87. An act authorizing the president of the United States to cause certain regiments therein mentioned to be enlisted for five years, or during the war, January 28, 1814, - - - 195 CHAP* 88. An act to raise three regiments of riflemen, February 10,1814, 196 CHAP. 89. An act for the better organizing, paying, and supplying, the army of the United States, March 30, 1814. - 196 CHAP. 90. An act fixing the salary of the paymaster of the army of the United States, and allowing a sum tor the employment of addi- tional clerks in his office, for the year one thousand eight hun- dred and fourteen, and providing for the appointment of assist- ant district paymasters, April 18,1814, ... 200 CHAP. 91. An act to provide for the collection and preservation of such flags, standards, and colors, as shall have been, or may hereaf- ter be, taken by the land and naval forces of the United States, from their enemies, April 18, 1814, ... 202 CHAP. 92. An act making further provision for filling the ranks of the army of the United States, December 10, 1814, - 202 CHAP. 93. An act directing the staff officers of the army to comply with the requisitions of naval and marine officers, in certain cases, December 15,1814, - - - - .204 CHAP. 94-. An act for the better regulation of the ordnance department, February 8,1815, - - - - 205 CHAP. 95. An act fixing the military peace establishment of the United States, March 3, 1815, - - - . - 208 CHAP. 96. An act making further provision for military services during the late war, and for other purposes, April 16, 1816, - 210 CHAP. 97. An act to increase the pensions of invalids in certain cases; for the relief of invalids of the militia; and for the appointment of pension agents in those states where there is no commissioner of loans, April 24, 1816, ... 213 CHAP. 98. An act for organizing the general staff, and making further provision for the army of the United States, April 24, 1816, 214 CHAP. 99. An act to provide for cases of lost military land warrants, and discharges for faithful services, April 17,1816, - - 217 CHAP. 100. An act concerning the annual sum appropriated for arming and equipping the militia, April 29, 1816, - - 218 CHAP. 101. An act to increase the compensation of the superintendents of the manufactories of arms at Springfield and Harper's Ferry, April 29,1816,......21£ Xll Page. CHAP. 102. An act to authorize the survey of two millions of acres of the public lands, in lieu of that quantity heretofore authorized to be surveyed in the territory of Michigan, as military bounty lands, April 29, 1SJ6, - - - - - 219 CHAP. 103. Resolution authorizing the president of the United States to em- ploy a skilful assistant in the corps of engineers, April 29,1816, 220 CHAP. 104. An act to provide for the prompt settlement of public accounts, March 3, 1817, . .... 229 CHAP. 105. An act supplementary to an act, entitled "An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy, departments," March 3, 1817, 224 CHAP. 106. An act to amend an act, entitled "An act making further pro- vision for military services during the late war, and for other purposes," March 3, 1817, - - . - 225 CHAP- 107. An act extending the time for obtaining military land warrants in certain cases, March 27,1818, ... 226 CHAP. 108. An act toestablish the flag of the United States, April 4, 1818, 227 CHAP. 109. An act regulating the staff of the army, April 14, 1818, 227 CHAP. 110, An act regulating the pay and emoluments of brevet officers, April 16, 1818, ..... 229 CHAP II1 An act respecting the organization of the army, and for other purposes, April 20, 1818, - - - - 230 CHAP. 112. Resolution directing the completion of the survey of the wa- ters of the Chesapeake, and for other purposes, April 20,1818, 231 CHAP 113. An act allowing further time to complete ihe issuing and lo- cating of military land warrants, February 24, 1819, . 231 CHAP 114 An act to regulate the pay of the army when employed on fa- tigue duty, March 2, 1819, .... 232 CHAP. 115. An act regulating the payment to invalid pensioners, March 3, 1819,.......232 CHAP. 116. An act authorizing the sale of certain military sites, March 3, 1819, -......233 CHAP. 117. An act concerning the allowance of pensions upon a relinquish- ment of bounty lands, March 3, 1819, . 238 CHAP. 118. An act in addition to the several acts for the establishment and regulation of the treasury, war, and navy, departments, May 1,1820.......234 CHAP. 119. An act further to regulate the medical department of the army, May 8, 1»20, .....235 CHAP. 120. An act to limit the term of office of certain officers therein named, and for other purposes, May 15, 1820, . . 235 CHAP 121 An act providing for the better organization of the treasury department, May 15, 1820, .... 237 C HAP. 122. An act to reduce and fix the military peace establishment of the United States, March 2, 1821, - 241 CHAP. 123 An act to repeal the fourteenth section of "An act to reduce and fix the military peace establishment," passed the second day of March, one thousand eight hundred and twenty one, May 7,1822,.....-244 xirt CHAP 124 An act to continue the present mode of supplying the army of the United States, January 23, 1823, ... 214 CHAP 12 An act concerning the disbursement of public money, Janua- ry, 31, 1823. - .... 244 CHAP. 126. An act to establish a national armory on the western waters, March 3, 1823, . . - - - 216 CHAP 127. An act to allow further time to complete the issuing and lo- cating of military land warrants, May 26, 1824, - 24S CHAP. 128. Resolutions, expressive of the sense of congress of the gal- lantry and good conduct with which the reputation of the arms of the United States has been sustained by major-gene- ral Brown, m\j r-general Scott, major general Porter, major- general Gaines, maj ir general Macomb, and brigadiers Ripley and Miller, November 3, 1814, - - - 247 CHAP. 129. Resolutions, expressive of the thanks of congress to major-gene- ral Jackson, and the troops under his command, for their gal- lantry and good conduct in the defence of New Orleans, Feb- ruary 27, 1815, - . - - - 248 • HAP. 130. Resolution directing medals to be struck, and, together with the thanks of congress, presented to major-general Harrison and governor Shelby, and for other purposes, April 4, 1818, 244 APPENDIX. RHAP. 1. An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States, May 8, 1792, - - - - ^ - - 251 CHAP. 2. An act to regulate the pay of the non-commissioned officers, mu- sicians and privates, of the militia of the United States, when called into actual service, and for other purposes, January 2, 1795, ... . 25*5 CHAP. 3. An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes, February 28, 1795,..... 258 CHAP- 4. An act providing arms for the militia throughout the United States, July 6, 1798, - - - - - 260 CHAP. 5. An act in addition to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," March 2, 1803, - 261 CHAP. 6. An act supplementary to an act, entitled "An act to provide tor calling forth the militia to execute the laws of the Union, sup- press insurrections, and repel invasions, and to repeal the act now in force for those purposes," and to increase the pay of vo- lunteer and militia corps, February 2, 1813, . . 2"62 XIV Page CHAP. 7. An act in further addition to an act, entitled "An act more effec- tually to provide for the national defence,by establishing an uni- form militia throughout the United States," April 18, 114, 263 CHAP. 8. An act concerning field officers of the militia, April 20,1816, 263 CHAP. 9. An act to defray the expenses of the militia when marching to 'places of rendezvous, April 20, 1818. - - - 264, CHAP. 10. An act toestablish an uniform mode of discipline and field ex- ercise for the militia of the United States, May 12, 1820, 265 SUPPLEMENT. Resolution of congress of 30th June, 1775, » 267 Resolution of congress of 7th November, 1775, - - 277 INDEX. A 'age, Articles of war (1776) established, ... - • 17 abolished, ..... 143 (1806) established, - ... - 124 alteration of, ..... 174 to be read to the troops once in two months, - 35 to be read to the troops once in six months, - . 142 to be read to recruits, - - - - 18, 125 officers to subscribe to, - - - - 17,124 declared applicable, 39, 47, 49, 53, 72, 79, 100, 117, 142, 156 164,182,243 Absentees from musters, ...... 20, 127 Absence without leave, ..... 21,26,128,132 from parade, ...... 26, 132 Advisir.g desertion, ... ... 21, 128 Ammunition, waste and sale of, ..... 25, 131 Alarms, false, - - - • - - - 27, 133 Arming and equipping militia, ..... 150, 218 Arms, casting away, ...... 28, 133 public, sale of, .-..--. 144 distribution of, among the states, ..... 150 damages done to, to be reported to the colonel of ordnance, - 207 cost of repairing, to be paid by the delinquent, 207 president authorized to purchase, « 84 loan of, to militia and volunteers, .... 89, 90, 92 sale of, to militia and volunteers, 92 Arrest of officers, - - - - - - - 32,43, 138 breach of, - - 33,43, 138 and confinement, limitation of, 32, 43, 138 of soldiers for debt, .... 78,98,105,158 prohibited during the war with Great Britain, 179 Artillery, officers, gunners, &c. of, subject to martial law, - - 34, 142 organization of a battalion of, - - - - 50 regiment of - 103, 114, 122, 145, 154,242 conductors of, authorized, ... 164, 197, 230 regiments of, formed into a corps, - - - .197 officers of, to perform ordnance duty, «■ 242 courts martial for trial of persons belonging to, - - • 34 inspectors of, authorized, • 95 2VI Artillerists and engineers, corps of, established, - - - - 65 to be completed, • 69, 75 addition to, - - - 82 Arsenals, establishment of, authorized, .... 64 regulation of, - - - - • - - 112 on the western waters, appropriation for, • 123 additional number of, to be established, - - .150 Armories, national, establishment of, authorized, « 64, 85 number of workmen at, not to be limited, - - 150 placed under the direction of the ordnance department, 207 expenses and operation of, to be reported annually, 64r Armory on the western waters, selection of site for, - • - 216 Armorer to each regiment and battalion, .... 230 Administration of justice, .... J . 40 Assignment of pay prohibited, ..... 62 Amendments to the constitution, - - - - .14 Agents, military, authorized, - - . - - 115 duties of, - 119 abolished, - • - - - 164 public, appointment and duty of, .... 151 to give bonds, - - - - - 151 Agent of the treasury to be appointed to superintend suits against delinquents, 237 Arrears of pay not to exceed two months, - - 67, 118, 157, 183 Academy, military, constituted, .... - 121 superintendence of, .... 122 books and apparatus to be provided for, - - 122 number of professors at, increased, - - 167 staff of, not entitled to any command in the army, 168 cadets may be attached to, as students, - - 163 appropriation for erecting buildings, and procuring libra- ry for,.....169 Abuses and disorders, redress of, - - - - 23, 130 Artificers, corps of, organized, - - - - • 167 Accounts, rendition of, ..... 186,187,245 prompt settlement of, - «• • 220 Advances of public money prohibited, ----- 245 Attorneys, duties of, in regard to suits, .... 240 Auditors, additional number of, established, .... 221 duties of, ------ - 221 Appropriations, transfers of, limited and restrained, - - 224, 234 Apothecary-general and assistants to give bonds, ... 235 Adjutant general's department, organization of, - - 189 Appendix, ........ 251 B Brevets or former commissions, when to take effect, - - 29, 135 Brevet rank, president authorized to confer, - - • - 178 conferred on staff officers, • - - . .189 i*ficers, pay of, limited, ..... 229 XVII Pa^e. Bribe, commissaries of musters receiving, ... 20, 127 Breach of arrest, penalty of, - - - . . 33,43,138 Behaviour, scandalous and infamous, 44 Battalion of artillery, organization of, - - . . 50 of infantry, organization of, - - . -58 of riflemen, organization of, - - . . 107 Brigade, two regiments, shall constitute a, - 106 Bounty land, allowance of, - - - 153, 156, 180,203 survey and granting of, ... 169,212,219 relinquishment of, for pensions, - - 211,225, 233 transfers of, prior to issue of patents, invalid, - 212 to recruits, - 54, 58, 69, 75, 86, 94, 106, 118, 153, 156, 194 deferred, - 76, 118, 153, 156 Bombardiers, company of, authorized, . 167 abolished, .... 242 Barrack masters, appointment of, authorized, ... 175^ ]g\ Bonds of disbursing officers, President to regulate the, - - 236 Brown, major-general, thanks of congress and gold medal, voted to, - 247 c Constitution of the United States, - 1 amendments to the, - - - . - -14 Chaplain, undue absence of, - - . - . 17 125 one to each brigade, .... 148,159,184 one at West Point, ..... 228 Certificates, false, penalty of, - - - . .20 127 Challenges to fight duels prohibited, .... 22,129 officers or soldiers not to upbraid another for refusing to accept, 22, 129 to members of courts martial, .... 137 Crimes, capital, officers and soldiers accused of, to be delivered over to civil authority, - - - . . . 23, 130 not capital, &c. punishable, . - - . - 36 142 Cowardice, officers cashiered for, sentence to be published, - 33, 44, 139 Colors, leaving of, in search ot plunder, .... 29,133 and standards taken from the enemy, preservation of, - . 202 Courts martial, general, organization of, - - . 30,40, 135 by whom to be ordered, - - - 40, 135 sentences of, how to be acted upon, 31, 37, 40, 78, 117, 135, 140 proceedings of, to be filed in the war office, 36, 44, 110 party tried, entitled to a copy of, 36, 45, 140 compensation for attending, - - 120,158 regimental, organization and powers of, . 31,41,136 by whom to be ordered, - . 31,41, 136 garrison, - . - . . . 32, 41,136 members of, how to take rank, . . 30,41,135 behaviour of members of, and mode of voting, 31,42, 137 for the artillery, - - . . . TJ r xvm P«e^, Courts martial, conduct in presence of, - 32,43,138 hou>-s of proceeding - - - 31,43, 138 Courts of inquiry, organization and rules of proceeding of, « - 45,140 prohibiied unless directed by the President of the United States, or demanded by the accused - - 45,141 Corporeal punishment, limitation of, .... 36,44,139 abolished, ..... 174 Confinement of soldiers charged with crimes, - 32, 4% 138 limitation of, ... 32,43, 138 Contracts for military supplies, how to be made, - - - - 95 to be filed in the comptroller's office, ... 96 act concerning, - - - - • -148 statements of, to be reported to congress annually, - 149, 152 proposals for, to be invited, ----- 152 members of congress not to engage in, - - 148 condition to be inserted in, excluding members of congress, 149 not to be made without authority of law, or under an appropria- tion adequate to their fulfilment, ... 235 no advance of money to be made on, ... 245 Conduct unbecoming an officer and a gentleman, officers convicted of, to be dismissed, ----- 33,44,139 Clothing, allowance of, - - 40, 52, 60, 70, 76, 109, 116, 155 alteration of, and provision for expense, - - - 110 to be provided in each year for the next succeeding year, - 110 paymasters to have charge of, - - - - 115 surplus of, to be furnished to paymasters, - - 117, 155 President to prescribe the kind and quantity of, - 197, 216 manner of issuing and accounting for, to be prescribed by regulation, 216 Correspondence with the enemy, - - - - - 28, 134. Captains accountable for company stores, ... 26,132 Cadets, number of limited, ..... 168 qualifications of candidates for appointment, ... 168 may be attached as students to the military academy, • 168 shall be arranged into companies, - - - - 168 shall be encamped at least three months in each year, - 168 shall be considered candidates for commissions, after receiving a regular degree, ... . . . . 168 may be attached to corps as supernumeraries, - - 168 Contemptuous or disrespectful words against the President, Vice President, congress, &c. - - - - - ♦ . 125 Contempt or disrespect towards a commanding officer, - - 18,125 Cannon and arms, President authorized to purchase, 84 Clerks in quartermaster general and commissary-general's offices, - 163 allowance for compensation of, - - - - - 163 additional allowance for, authorized, • • - . 175 of circuit and district courts, duties of, in respect to suits, - - 241 Conductors of artillery, appointment of, authorized, - . 164 to be taken from the second lieutenants of the compa. nies, - - - - 197,230 XIX Page. Commissioned officers shall be citizens, .... 148 shall not be dismissed or discharged, but by order of the congress, the President, or by sentence of a ge- eral court martial. - - - 32,43,126 Commisary-general of purchases, appointment, duties, and salary of, 162, 215, 243 and assistants, not to deal on their own account, in articles appertaining to their department, - - 162, 175 term of office limited, - - 236 of subsistence, authorized, ... 22S, 243 and assistants not to deal in any article entering into the composition of the ration, Comptroller, one additional, established, duties of Captives entitled to pay during captivity, Chesapeake bay, fortifications for protection of, Congress, members of, not to be engaged in public contracts, thanks of, voted to major-general Brown, &.c to major-general Jackson, Sec. to major general Gaines, &c. to major-general Macomb, &c. to major general Harrison, &c to governor Shelby, &c- D Divine service, officers and soldiers advised to attend, deportment at, and penalty for misbehaviour, Desertion, penalty of, advising, ..... procuring or enticing, penalty for, to be promptly reported to the commanding officer, Deserters, carrying away, knowing them to be such, pursuit of, and reward for apprehending, may be tried after expiration of enlistment, Drunkenness on guard or other duty, Duels, challenges to fight, prohibited, persons going forth to fight, to be arrested, Disrespectful or contemptuous words against the President, Vice President, congress, &-c. ..... Disrespect or contempt towards a commanding officer, Discharge of commissioned officers, - - • of non-commissioned officers and soldiers, Department of War established, ... Debt, arrest of soldiers for, ... prohibited, - - 229 . 221 - - 222 - 199 . - 231 . 148 . - 247 - . 248 - 247 • - 248 - 249 ■ ■ 249 17 124 . 17, 124 21,119, 128, 157 . 21, 128 72,77, 120, 158 - 46 72, 77, 120 158 - 46 • 120, 158 - 2"> 132 - 22 129 - . 129 ice President, . 18, 125 - 18, 125 32 ,43, 126 19.32 ,43, 126 . 47 . . 78 90, 105, 158, 179 XX Death, sentence of, Disputes, composition of courts martial for the decision of, Depositions of witnesses, not of the army, may be taken in tal, ------ Deferred bounty, .... Dragoons, organization of a squadron of, troop of, - " regiment of. Division, two brigades to constitute a, Duty, hiring of, . . - - - conniving at the hiring of, - Discipline, military, system of, to be prepared, Delinquent debtors, to be reported to congress annually, - warrants of distress to be issued against, may appeal from warrants of distress, Dismissal of officers failing to render accounts, Bag* 36, 42, 44, 139 31 cases not capi- 42, 137 76, 118, 153, 156 58 145, 176,197 93,145, 154, 197 - 106 - 27,133 27, 133 192 223 237,239 . 239 245 E Embezzlement or misapplication of military stores, 25, 131 public money, - 26, 132 Effects of deceased commissioned officers, ... S3,141 soldiers, - - - - - - 3*, 141 Enemy, relieving, ..... 28, 134 harboring and protecting, - - 28, 134 correspondence with, - 28, 134 public stores taken from, to be secured for the service of the United States, . . - - - 28, 134 Establishment, military, of 1785, .... - 38,39 of 1787, - 46, 47 of 1789, - - 49 of 1790, .... - 50 limited, - - - - 53 increased, ... 54, 57,65 of 1795, . . - - - 68 of 1796, . - . - 74 modified, - - - - 79 increased ... 82,92 further increased, provisionally, - 99 organized, - - - - 102 reduced, ... . 114 of 1802, • . 114 increased, - • 122, 123,145 of 1812, to be completed - 153 increased, 153, 159,173, 177, 181, 185,196 organized, ... 176 ,180, 197 reduced, - 208 XXI Page, Establishment, military, of 1815, .... 208,214,227 reduced, ... - 241 of 1821,.....241 Engineers and artillerists, corps of, established, ... 65 to be completed, - - 69,75 President to appoint two, distinct from the corps, - 109 corps of, may be organized, ----- 121 shall be stationed at West Point, - - 121 shall constitute a Military Academy, - 121, 122 increased, ----- 122 subject to rules and articles of war, - - 142 further increased, .... 167 not to assume command, nor be ordered on other duty, - 135 Engineer, skilful assistant, to be employed, .... 220 Enticing desertion, ------ 72,77,120,158 Extra issues of spirituous liquors authorized, - - - - 110 expense incurred by officers, allowance for, - - 120, 158, 184 Furloughs to non-commissioned officers and soldiers, - - 19, 126 False certificates, penalty of, .----. 20,127 musters, penalty for making, .... 20,127 returns of troops and equipments, .... 20, 127 alarms, ...»-•- 27, 133 Flag of the United States established, .... 38 altered, - - • - .62 further altered and established, - - 227 Flags, standards and colors, taken from the enemy, pre? ovation of, - 202 Fraud, officers cashiered for, sentenced to be published, - 33, 44, 139 Forage, allowance of, to officers, regulated, .... 192 money in lieu of, 52,55, 60, 77, 98, 104, 116, 193, 216 masters, appointment of, authorized, ... 164, 191 not to deal in articles of forage, - - - 164 pay of, - - .... 164 Fines, collection and application of, - 36 Frays, quarrels, and disorders, quelling of, 22, 129 Fortifications, inspector of, authorized, - - , - - 109 for the protection of the Chesapeake Bay, - 231 for the protection of ports and harbors, 63,66, 81, 83,143, 152 Foundries to be established, ..... 85 expenses and operations of, to be reported annually, - 85 Fatigue duty, pay of soldiers employed on, ... 232 G Grievances of commissioned officers, redress of, - - 24,37,131 of inferior officers and soldiers, redress of, - - 25,131 XXII Page. General staff, organization of, as such, ... 189,214,227 officers of, authorized, 54, 75, 80 *8, 107, 115, 154, 173, 174, 178,242,243 to retain certain privileges, - 216 clothed with brevet rank, - - l-s9 Gratuity to discharged soldiers, - - - - - 113, 153 to discharged officers, - 113, 121, 199, 210, 225, 22», 243 Guard, leaving, before duly relieved, .... 27, 132 drunkenness on, ..... 27, 132 officers commanding, not to suffer persons to go forth to fight duels, 22,129 Gaines, major general, thanks of congress and gold medal voted to, 247 II Harbors and ports, defence of, - - 63, 66, 81, 83,113, 152 Horses of officers killed in battle, .... 73 compensation for, 73 pooof of value of, - 74 Hiring of duty prohibited, - - - - - -27,133 conniving at 27, 133 Hospitals, military, temporary and permanent, to be provided, - 98 Harrison, major general, thanks of congress and gold medal voted to, 249 I Imprisonment of noncommissioned officers and soldiers, • 32,43,138 limitation of 32,43, 138 Justice, administration of, ----- - 40 Inquiry, courts of, organization of, 45, 140 powers of, and rules of proceeding, - 45,140,141 prohibited, unless directed by the President, or demand- ed by the accused - - 45, 141 Invalid pensioners, provisions relative to, 52, 71, 72, 78, 118, 157,183, 213 232 of the militia, provisions for, - - 211,213 Judge advocate, duties of, ...... 30,136 special, appointment of, .... 120 compensation of, - - - - 120 Indians, President authorized to employ, 61 Infantry, organization of a regiment of, 50,58,74,93, 103,114,145,176, 182, 242 battalion of, - - - - 58 to consist of 25 regiments, - - - - 176 20 additional regiments authorized, - - - - 181 Inspectors, duties of, ----- . 51 Inspector general, to have the rank of major general, 87 additional pay of, - - - . m to be allowed a secretary, - - . - 111 of artillery authorized, - 95 XXIII Page. Inspector of fortifications to be appointed, .... 109 general's department organized, - . - - 189 of divisions, compensation of, increased, - - 228 Insurrection, suppression of, ..... 143 Jackson, major-general, thanks of congress and gold medal voted to, 248 Legion to be completed, ...... 69 formed into regiments, - - , - - 75 Lieutenant general, appointment of, authorized, - ' • 87 title of, abolished, - - - - 107 Land, military bounty, allowance of, ... 153,156,180,203 survey and granting of, - - 169, 212, 219 relinquishment of, for pensions, - 211, 225, 233 transfers of, prior to issue of patents, invalid, 212 warrants, remedy for loss of, .... 217 time for procuring, extended, - - - 226 time for issuing and locating, extended, - • 231,246 not to be purchased without authority of law, ... 235 Liquors, spirituous, extra issues of, authorized • - • 110 Limitation of certain offices, - - - - . 235, 236 of time for the trial of offenders, ... 139 M Mutiny, beginning, exciting, or joining in, - - - 18,125 suppression of, - - - - - 18, 125 Musters, - - - - - - - -19,20,127 absentees from, - - - - - 20,127 false, penalty for making, - - - - 20,127 of persons not soldiers, .... 20,127 eommissary of, to remit the muster rolls to congress, - 20 to remit the muster rolls to the War Department, 127 taking money by way of gratification, 20, 127 Militia, when in pay of the United States, subject to martial law, 34, 142 officers of, to give precedence to like grades in the regular ser- vice, - -.....35, 142 President authorized to call out, in aid of the regular forces, 49, 53, 55 arming and equipping, ..... 150,218 exempt from military duty on furnishing recruits for the war, 204 to be paid by army paymasters, - - . • 201 provision for invalids of, .... 211,213 provision for widows and children of, ... 211*225 laws relating exclusively to, - - - « 251 Mitigation of punishments, .... 35f Z7, 38, 139 Military establishment of 1785,.....38,39 ef 1787, .... 46,47 XXIV Pagf. 49 Military establishment'of 1789, - of 1790, ..-- 50 limited, ... 53 increased, - 54,57, 6j of 1795,..... 68 of 1796, - 74> modified, ... 79 increased, ... 82,92 further increased, provisionally, " organized, - - - '° reduced, - - " of 1802, ..... m increased, - - - 122,123,145 of 1812, to be completed, - - - 153 increased, 153, 159, 173, 177, 181, 185, 196 organized, - - 176, 180, 197 reduced, ... - 208 of 1815, .-- - 208,214,227 reduced, ... - 241 of 1821,.....2il 115 agents, - 1 I Q duties of, - - - - llv offices of, abolished, - - - - - 164 stores, embezzlement, sale, or misapplication of, - 25,131 storekeepers, appointment of, authorized, - • 188, 215, 243 supplies, superintendent general of, authorized, - - 186 discipline, system of, to be prepared, sites, sale of, authorized, - "^3 academy constituted, . . . - supenntendance of, vested in the principal engineer, 122 books and apparatus to be procured for, - 122 number of professors at, increased, - - 167 staff of, not entitled to any command in the army, sepa- rate from the academy, - - 168 cadets may be attached to, as students, - 168 appropriation for erecting buildings and procuring li- brary, &c for, - - 169 Monthly returns of the troops to be remitted to congress, &c. - 21 to the War Department, 128 Magazines and arsenals to be erected and repaired, - - 64 regulated, - - - H2 keepers of, to make returns, quarterly, - 206 Money, public, embezzlement or misapplication of, - - 26,132 to be deposited in some incorporated bank, - - 151 returns of, to be made monthly, - - - 151 advances of, prohibited, ... 245 Minors, not to be enlisted without consent of parent or guardian, 181, 182 mav be enlisted without such consent, - 203 XXV Page. Minors, may withdraw their enlistment within four days, - • 203 if apprentices, master shall receive a portion of the bounty, 203 Misbehaviour before the enemy, .... 27, 133 Marine officers, may be associated with army officers on courts martial, 136 requisitions of, to be complied with, in certain cases, 204 Menacing words or gestures in presence of courts-martial, ■ 32, 43, 138 Medical establishment regulated, .... 96 board may be called, - 99 staff, organization of, - - 96,115,123,154,190,214,228,2*3 Marshals, duties of, in regard to suits, - - - - 241 Miller, brigadier-general, gold medal voted to, - - - 247 Macomb, major-general, thanks of congress and gold medal voted to, 248 N National armories, establishment of, authorized, • - . 64, 85 expenses and operations of, to be reported annually, „ 65, 85 superintendents of, ... 64, 112, 218 number of workmen at, not to be limited, 150 placed under the direction of the ordnance department, 2l!7 Naval officers, requisitions of, to be complied with, in certain cases, 204 o Oath of members of courts-martial, ... - 30,41,136 of judge advocate, ...... 30, 42, 137 of wicesses, - - ... 31, 42. 137 of members of courts of inquiry, .... 45,141 of judge-advocate or recorder to courts of inquiry, - 45, 141 of qualification of officers and soldiers, 49, 52, 72, 79,120, 158, 184 of secretary of war, and clerks, - - - 48 of pay master general, ... 62, 119 of recruits, .... I9t 126 Officers, composition of courts for trial of, and hours of proceeding, 42, 43, 138 failing to render accounts, to be reported and dismissed, - 245 Officer and gentleman, conduct unbecoming an, - 33, 44, 139 Organization of infantry, 39, 47, 50, 54, 58, 74, 93, 103, 114,145, 154, 176, 182, 242 artillery, - 39,47, 50, 58, 103, 114, 145, 154, 197, 242 riflemen, - - - - 107, 145, 196 cavalry, - . - - 103, 154, 176 dragoons, .... 5g> y3> 145 Ordnance department established, • • • - - 171 re-organized, .... 205 to have the direction of the public armories, - 207 regulations for, to be prepared, - - 207 merged in the artillery, ... 242 officers of, nay be transferred to other corps, 208 XXVI Page. Ordnance department, officers of, to be assigned to duty like those of engineers, 216 commissary general of, appointment and duties of, - 171,172 may employ the requisite num- ber of mechanics, 199 deputy commissaries of, additional number authorized, - 193 colonel of, appointment and duties of, - * * 205,206 Orphans, provisions relative to, - - - 66,81,183,210,211 Offences of more than two years standing, Profane swearing, penalty for. Prisoners, refusal to receive, release and escape of, to be reported daily, . - - arraigned for trial, and refusing to plead, - Posts, forcible surrender of, by their garrisons, - Provost marshal to make daily reports of, prisoners, - Punishments, mitigation of, Provisions, introduction of, into forts or garrisons, Purveyor of public supplies, office of, established, duties, salary, &c. of, not to be concerned in trade, office of, abolished, 17, 124 - 32, 43, 138 33,43,138 - 33, 43, 138 137 29,134 33, 43, 138 35,37,38,139, 140 37 . 67 68 . GS 163 Ports and harbors, defence of, Pensions to invalids, Premium for recruits, Pay of the troops, 1785, 1787, - 1789, 1T90, - 1792, 1795, - 1798, 1799, - 1802, 1808, . 1812, 1815, - 1821, arrears of, not to exceed two months, - assignment of, prohibited, deduction from, for clothing and hospital stores advance of, as bounty, 63,66,81,83, 143, 152! 52,67,71,72,78, 118, 157, 183, 213 232 56, 59, 69, 75, 94, 106, 117, 181,182, 194 .....39 47 49 51,55 59 70 9* 98, 104' 115 146 155, 179 209, 214,228 243 67, 118, 157, 183 62 51 180 additional, to discharged officers, . 113,121,199,210, 225, 228, 243 soldiers, ... H3f 153 when employed on fatigue duty, ... 232 of brevet officers, - - - - - - 178 XX VII Page. Pay of brevet officers limited, .... - 229 master general, appointment of, authorized, 61, 88,115, 214, 243 shall reside near head quarters, - - 61,108 duties of, .... 61,108,201 shall be performed agreeably to the direction of the President, ... 119 compensation of, - 62, 88,108,115, 200,214, 243 masters, district, authorized, ..... 173 duties of, - - - - " 201 assistant district, appointment and duties of, - - 201 term of office limited, - 236 department organized, ------ 214 re-organized, . - - . - 243 duties of its officers, - 214,215 Purchases, commissary general of, authorized, ... 162 duties of, - - - - 162 not to be concerned in trade, - 162,175 Purchasing department organized, - - - - - 215 re-organized, - 243 Public accounts, prompt settlement of, .... 220 Physician and surgeon general authorized, • - 88,96, 190 may call a medical board, 99 rations, forage and servants for, 198, 200 Promotion, rules of, established, . - . - 176,198 Procuring desertion, .... - 72,77, 120 cannon, arms, &c, ... - - - 84 Per diem allowance for extra expenses incurred, • - 120,158,184 Provoking or reproachful speeches, - - - • 22, 128 Parade, absence from, ...... 26, 132 Parole, giving out different one from that received, - - 28, 133 Pardons and mitigation of punishments, - - - 35,37, 38, 139 Porter, brigadier-general, gold medal voted to, ... 24,7 Q Quelling frays and quarrels, .... - 22, 129 Quitting guard, platoon, or division, without leave, - - 27, 133 Quarter master general, appointment of, authorized, 88,107,161,189, 228, 243 not responsible for money coming into the hands of his subordinates, ... 175 and assistants, not to deal, on their own account, in articles appertaining to their department, 162, 175 Quarter master's department established, ... 160,174 reorganized, - - 189,214,228,2*3 officers of, to enter into bond, - 175, 215 assistant, subject to duty in subsistence department, 243 XXVIH P*& R Rules and articles of war, 1776, established, ... 17 repealed, .... 143 1806, established, . . - - 124 alteration of, - * .174 officers to subscribe to, - - 17,124 to be read to recruits at the time of enlisting, 18, 125 to be read to the troops once in two months, 35 to be read to the troops once in six months, 142 declared applicable, 39, 47, 49,53, 60, 72, 79, 100, 117, 142, 156, 164, 182, 243 Resistence to military superiors, ----- 18,125 Redress of grievances of commissioned officers, - - 24,37,131 of inferior officers and soldiers, - - 25, '31 Reproachful and provoking speeches, prohibited, - - 22, 128 Re-enlisting before discharged, reputed desertion, - - - 21, 128 Returns, false, penalty for making, .... 20, 127 monthly, of the troops, to be remitted to congress, - 21 to be remitted to the war department, 128 of money, to be made, - - - - 151 Recruits, oath to be administered to, ... 19, 126 bounty to, 54, 58, 69, 75, 86, 94, 106, 118, 153, 156, 180, 183, 194 premium for enlisting or procuring, 56,59,69,75,94, 106, 117,156,181 182, 194 persons furnishing, exempt from militia duty, - - 204 Recruiting service, suspension of, - - - - - 152 Release and escape of prisoners, .... 33, 43, 138 Retusal to receive prisoners, ..... 32, 43, 138 Relieving the enemy, ...... 28, 134 Retiring to tent or quarters, ..... 26, 132 Rations, allowance of, to officers, 51, 59, 71, 77, 80, 98, 104, 116, 146, 155, 177, 182, 192, 196 209 to soldiers, 52, 59, 70, 76, 9i, 105, 116, 146, 155, 177, 182, 192, 196, 209 to women attached to companies, - . 116 to matrons and nurses in hospitals, - - 116 to subalterns, increased, - - 197, 217 to the troops on the frontiers, may be augmented, - 67, 70, 76 augmentation of, repealed, 80 additional, to officers commanding separate posts - 80, 116 composition of, ... 52, 76, 109, 116, 124, 155 money in lieu of, S 51, 71, 148, 159 President may make alterations in the component parts of, - 229 Riflemen, organization of a regiment of, .... 145196 of a battalion of, - - - -107 three regiments of, to be raised, - - - - 196 XXIX Regulations, general, to be prepared by the Secretary of War, 187, 190 shall be respected and obeyed until altered or revoked by the President, . - • - 190 recognized and re-established, - - - 216 subject to be altered by the Secretary of War, with the approbation of the President. - • 216 Relinquishment of bounty land for pensions, - - 211, 225, 233 Ripley, major general, gold medal voted to, ... 247 S Suppression of mutiny, ...... 18, 125 insurrections, land and naval force may be employed in, 143 Stripes and lashes, ...... 36, 44, 139 abolished, ..... 174 Striking superiors officers, ..... 18, 125 Sutlers and retainers, subject to orders, .... 29, 134 to supply good and wholesome provisions at market prices, 23,129 sale of liquors &c. by, ..... 22, 129 exorbitant rent not to be exacted of, - - - 23,130 Safe-guards, forcing, - - . . . -28, 134 Sentinels sleeping on post, - • - - - 27, 132 Stores, public, taken from the enemy to be preserved, • 28, 134 embezzlement or misapplication of, • - 25, 131 Storekeepers, military, to be appointed, ... 188, 215, 243 Spies, punishment of, ----- . 142 Sub-legions, organization of, - - . - - 69 Supplies, public, office of purveyor of, established, - 67 duties of, .... 68, 95 office of, abolished, • - - 163 Suspension from command, - - - . . 44, 139 of punishment, ..... 140 of pay and emoluments, - • - - 44, 139 Scandalous behaviour, ...... -44 Secretary of War, duties of, - - - - . .48 to prescribe general regulations, . 187,190,216 Sentence of death, ..... 36, 42, 44, 139 of general courts martial, how to be acted upon, 31, 37, 40, 78, 117, 135, 140 Standards taken from the enemy, preservation of, - - 202 Surgeon general, appointment of, authorized, - 88, 96, 190, 228, 243 rations and forage for, .... 200 number of servants for, - - - .198 Surgeons, hospital, appointment of, authorized, - - - 154,214 post, ....... 214 assistant, ...... 243, to be attached to garrisons and posts, ... 115 Superintendent of national armories, appointment and compensation of, 64, 112, 218 XXX fage. Superintendent general of military supplies authorized, - • .186 Servants, private, of officers, allowance for, - - - 178,217 number fixed, ----- 198 Sites, military, sale of, authorized, ... Surve of the waters of the Chesapeake, to be completed, - - 231 Subsistence, allowance of, to officers, 51, 59, 71, 77, 80, 98,104,116, 146,155, 177, 182, 192. 196, 209 to soldiers, 52, 59, 70, 76, 94, 105. 116, 146, 1.-5, 177, 182, 192, 196, 209 rate of commutation for, to officers, - - - 148,159 2/9 to be procured by contract, - commissary general of, authorized. - - - 228« 243 and assistants, not to deal in any article entering into the ration, - 229 assistant commissaries of, subject to duty in the quartermaster's 243 department, - Staff, general, organization of, as such, - - 189,214,227 officers of, authorized, 54, 75, 80, 88, 107, 115, 154, 173, 174 178, 242, 243 clothed with brevet rank, - * 189 of the army, to comply with requisitions of naval and marine officers, 204 Summary process against delinquent debtors, - - 23< not to have retrospective effect on sureties, - - 239 27 132 Sleeping on post, . - - . Spoil or waste not to be committed, - - - • *°» Scott, major-general, gold medal voted to, ... Shelby, governor, thanks of congress and gold medal voted to, - 247 249 Traitorous or disrespectful words against congress or state legislatures, 18 Travelling allowance to discharged officers an;i soldiers, 110, 121, 159, 184 Transfers of appropriations limited and restrained, - - 224, 234 Treasury, better organization of, - - ... 237 agent of, to be appointed, to superintend suits against delinquents, 237 Trials not to take place a second time for the same offence, - - 139 persons not liable to, for offences of more than two years standing, 139 hours for conducting, .... - 43, 138 Thanks of congress voted to major general Brown, &c. - - 247 major general Jackson, &c - * 248 major general Gaines, &c. - - 247 major-general Macomb, &c. - - 248 major-general Harrison, &c, - - 249 governor Shelby, &c. - - - 249 u Uniform clothing, allowance of, - - 40,52,60,70,76,109,116,155 to be altered, ..... no XXXI Pag*. 110 Uniform clothing, expense of altering, .... surplus of, to be furnished to paymasters, - 117,155 kind and quantity of, to be prescribed by the President, 197, ^16 of the army, President authorized to prescribe, - - 142 Violence to persons bringing supplies into camp or garrison, Volunteers may be accepted, - exempt from militia duty, ... Vacancies in the army and navy to be filled, - • w Watchword, imparting, to persons not entitled to receive it, Waste or spoil not to be committed, - . . and sale of ammunition, .... Witnesses to be examined on oath, ... refusing to give evidence, ... War department, establishment of, - secretary of, duties of, - chief clerk of, duties of, Widows and orphans, provisions for, - • - 67: of militia, provisions for, entitled to bounty land, - Warrants, military land, secretary of war to issue, time for procuring, extended, time for issuing and locating, extended remedy for loss of, •f distress, to be issued against delinquent debtors, appeal from, - Waiters of officers, allowance for, - . - number fixed, ... Wounds, provisions respecting, - - 52,71, Wagon-masters to be appointed, ... not to deal in means of transport, pay of, .... Wrongs of officers, redress of, inferior officers and soldiers, redress of, Whipping, limitation of, - abolished, .... . 27,133 . 87, 101 - 91 " 102 28, 133 28,134 - 25, 131 31, 137 . 31 - 47 - 48 . 48 ',81, 183, 210,211 211, 225 - 204 - 170 - 226 A, 231,246 - 217 237, 239 . 239 - 178, 217 198 ,78,118, 157, 183 163, 191 . 163 164 24, 37, 131 - 25,131 3£ , 44, 139 . 174 sta&av4iiB,ar $*^w OF THE UNITED STATES. CHAPTER l. CONSTITUTION OF THE UNITED STATES. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common de- fence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America. ARTICLE I. SECTION 1. 1. All legislative powers herein granted, shall be vested in a congress of the United States, which shall consist of a senate and house of representatives. section 2. 1. The house of representatives shall be composed of members chosen every secontl year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of th€ state legislature. 2. No person shall be a representative who shall not have I 2 attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free per- sons, including those bound to service for a term of years, and excluding Indians not taxed, three-filths of all other per- sons. The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thou- sand, but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be enti led to choose three; Massachusetts eight; Rhode-Island and Providence Plantations one; Con- necticut live; New Fork six; New Jersey four; Pennsyl- vania eight; Delaware one; Maryland six; Virginia ten; North Carolina five; South Carolina five; and Georgia three. 4. When vacancies happen in the representation from any state, the executive autlioi'ity thereof shall issue writs of election to fill such vacancies. 5. The house of representatives shall choose their speak- er and other officers, and shall have the sole power of im- peachment. section 3. I. The senate of the United States shall be composed of two senators from each state, chosen by the legisla- ture tneieof, for six years; and each senator shall have one vote. 2. Immediately after they shall be assembled in conse- quence of the firs! election, they shall bedivided, as equally as may be, into three i lasses. Theseatsofthesenatorsof the first class, shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the thiid class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacan- cies happen by resignation or otherwise, during the recess of the legislature of any state, the executive^thereof may make temporary appointments until the next n*cting of the legislature, which .shall then fill such vacancies. a 3. No person shall be a senator who shall not have attain- ed to the age of thirty years and been nine years a citizen of the United States, and who shall not. when elected, be an inhabitant of that state for which he shall be chosen. 4. The vice president of the United States shall be presi- dent of the senate, but shall have no vote, unless they be equally divided. 5. The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice piesident, or when he shall exercise the office of president of the United States. 6. The senate shall have the sole power to try all impeach- ments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two- thirds of the members present. 7. Judgment in cases of impeachment shall not extend fur- ther than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the Uni- ted States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and pun- ishment, according to law. section. 4. 1. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators. 2. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in De- cember, unless they shall by law appoint a different day. section. 5. 1. Each house shall be the judge of the elections, re- turns, and qualifications, of its own members; and a majori- ty of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two-thirds, expel a member. 4; 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of cither house on any question, shall, at the desire of one-fifth of those present, he entered on the journal. 4. Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. section 6. 1. The senators and representatives shall receive a com- pensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been cre- ated or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. section. 7. 1. All hills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the house of repre- sentatives and the senate, shall, before it become a law, be presented to the president of the United States; if he ap- prove he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two- thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other- house, by which it shall likewise be reconsidered, and if ap- proved by two thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons 5 voting for and against the bill, shall be entered on the jour- nal of each house respectively. If any bill shall not be re- turned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote, to which the concur- rence of the senate and house of representatives may be necessary, (except on a question of adjournment,) shall be presented to the president of the United States; and before the same shall take effect, shall be approved by him, or be- ing disapproved by him, shall be repassed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. section 8. The congress shall have power— 1. To lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises, shall be uniform throughout the United States: 2. To borrow money on the credit of the United States: 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes: 4. To establish an uniform rule of naturalization, and uni- form laws on the subject of bankruptcies throughout the United States: 5. To coin money, regulate the value thereof, and of fo- reign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and current coin of the United States: 7. To establish post-offices and post-roads: 8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the ex- clusive right to their respective writings and discoveries: 9. To constitute tribunals inferior to the supreme court: to define and punish piracies and felonies committed on the high seas, and offences against the law of nations: 10. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: 11. To raise and support armies; but no appropriation of money to that use, shall be for a longer term than two years: 12. To provide and maintain a navy: 13. To make rules for the government and regulation of the land and naval forces: 6 14. To provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel inva- sions: 15. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress: 16. To exercise exclusive legislation in all cases whatso- ever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of government of the United States, and to exercise like authority over all places pur- chased,by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, ar- senals, dockyards, and other needful buildings:—and, IT. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. section 9. 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post faclolaw, shall he passed. 4. No capitation or other direct tax shall belaid, unless in proportion to the census or enumeration herein before di- rected to be taken. 5. No tax or duty shall be laid on articles exported irom any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: n<«r shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the treasury, but in con- sequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money, shall be published from time to time. 7. No title of nobility shall be granted by the United 7 States, and no person holding any office of profit or trust un- der them, shall, without the consent of the congress, accept of any present, emolument, office, or title, of any kind what- ever, from any king, prince, or foreign state.* section 10. 1. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of at- tainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. 2. No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the congress. No state shall, without the consent of congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, en- ter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. < ARTICLE II. SECTION 1. 1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected as fol- lows: 2. Each state shall appoint, in such manner as the legisla- ture thereof may direct, a number of elect rs, equal to the whole number of senators and representatives to \\ hich the state may be entitled in the congress; but no senator or representative, or person holding an office of trust or pro- fit under the United States, shall be appointed an elector. 3. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And ihey * See amendments to the constitution, art. 13. 8 shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and cer- tify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives.open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors ap- pointed; and if there be more than one who have such majo- rity, and have an equal number of votes, then the house of re- presentatives shall immediately choose, by ballot, one of them for president; and if no person have a majority, then from the five highest on the list, the said house shall, in like manner, choose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote: a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after tbe choice of the president, the person having the greatest number of votes of the electors, shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them, by ballot, the vice-president.* 4. The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. 5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this consti- tution, shall be eligible to the office of president; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the congress may, by law, provide for the case of removal, death, resignation, or inability, both of the president and vice-president, declaring whatoflicer shall then act as president, and such officer shall act ac- cordingly, until the disability be removed, or a president shall be elected. 7. The president shall, at stated times, receive for his ser- vices a compensation, which shall neither be increased nor diminished during the period for which he shall have been * Superseded—See amendments, art. 12. 9 elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation: 9. «* I do solemnly swear (or affirm) that I will faithfully " execute the office of president of the United States, and " will, to the best of my ability, preserve, protect, and defend " the constitution of the United States." SECTION 2. 1. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and par- dons for offences against the United States, except in cases of impeachtuctit. 2. He shall have power, by and with the advice and con- sent of the senate, to make treaties, provided two thirds of the senators present concur: and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers, and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise pro- vided for, and which shall be established by law. But the congress may. by law, vest the appointment of such interior officers as they think proper, in tie president alone, in the courts of law, or in the heads of departments. 3. The president shall have power to fill up all vacancies that ma) happen during the recess of the senate, by grant- ing commissions which shall expire at the end of their next session. section 3. 1. He shall, from time to lime, give to the congress in- formation of the state of the union, and recommend to their consideration, such measures as he shall judge necessa'-y and expedient; he may, on extraordinary occasi ins, con- vene both houses, or either of them, and in case of disa- greement between them, with respect to the time of ad- journment, he i ay adjourn them to such time as he shall think proper; he shall receive ambassadors and other pub- lic ministers: he shall take care thai the laws be faithfully exe< utedj and shall commission all the officers of the United States. 2 10 section 4. 1. The president, vice-president, and all civil officers of the United States, shall he removed from office on im- peachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. section 1. 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may, from time to time, ordain and establish. The judges, both of the sup-erne and interior courts, shall hold their offices during good behaviour; and shall, at stated times, receive for their services a compensation which shall not he diminished during their continuance in office. SECTION 2. 1. The judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States s!:all be. a party; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a sta'e. or the citizens thereof, and fo- reign states, citizens, or subjects.* 2. In all cases affecting ambassadors, other public mi- nisters and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the congress shall make. 3. The trial of all crimes, except in cases of impeach- ment, shall be by jury, and such trial shall he held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have di- rected. *See amendments, art. II. 11 SECTION 3. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their ene- mies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act, or on confession in open court. 2. The congress shall have power to declare the punish- ment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV- SECTION 1. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may, by general laws, pre- scribe the manner in which such acts, records, and pro- ceedings, shall be proved, and the effect thereof. section 2. 1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 2. A. person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be re- moved to the state having jurisdiction of the crime. 3. No person held to service or labor in one state under the laws thereof, escaping into another, shall, in conse- quence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such sen ice or labor may be due. section 3. 1. New states may be admitted by the congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed bv the junction of two or more states, or parts of sta'es, without the consent of the legislatures of the states con- cerned, as well as of the congress. 2. The congress shall have power to dispose of, and make all needful rules and regulations respecting, the ter- 12 ritory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any parti- cular state. section 4. 1. The United States shall guaranty to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. ARTICLE V. 1. The congress, whenever two-thirds of both houses shall deem it necessarv, shall propose amendments to this constitution; or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all ii tents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the se- veral states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the congress; provided, that no amendment which may he made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in (he ninth section of the first article: and that no state, without its consent, shall be deprived of its equal suffrage in the senate. ARTICLE VI. 1. All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as. under the confederation. 2. This constitution, and the laws of the United Slates which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby; any thing in the constitution or laws of any state to the contrary not- withstanding. 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and 13 of the several states, shall be bound by oath or affirmation, to support this constitution: but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. 1. The ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America, the twelfth. In witness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President, and deputy from Virginia* NEW HAMPSHIRE. DELAWARE. John Langdon, George Read, Nicholas Oilman. MASSACHUSETTS. Nathaniel Gorham, Rufus King. CONNECTICUT. Wm. Samuel Johnson, Roger Sherman. NEW YORK. Alexander Hamilton. NEW JERSEY. William Livingston, David Brearly, William Patterson, Jonathan Dayton. PENNSYLVANIA. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Governeur Morris. Gunning Bedford,jun. John Dickinson, Richard Bassett, Jacob Broom. MARYLAND. James M'Henry, Daniel of St. Thomas Jenifer, Daniel Carroll. VIRGINIA. John Biair, James Madison, jun. NORTH CAROLINA. William Blount, Richard Dobbs Spaight, Hugh Williamson. SOUTH CAROLINA. John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. GEORGIA. William Few, Abraham Baldwin. Attest, WILLIAM JACKSON, Secretary. 14 AMENDMENTS TO THE CONSTITUTION. ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free' exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the go- vernment for a redress of grievances. ARTICLE II. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.* ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affir- mation, and particularly describing the piace to be searched, and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital or other- wise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, ,nor be deprived of life, liberty, or property, without due process ot law; nor shall private property be taken for public use without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the *lt is not perceived, that the "manner" of quartering soldiers in time of war, without the consent of the owners ot houses, has yet been prescribed by law. 15 right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously as- certained by law, and to be informed of the nature and cause of the accusation; to be confronted with the wit- nesses against him; to have compulsory process for ob- taining witnesses in his favor; and to have the assis- tance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall he preserved; and no fact tried by a jury shall beother- wise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive hail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or tortlie people. ARTICLE XL The judicial power of the United States shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. ARTICLE XII.* 1. The electors shall meet in their respective states, and vote by ballot for president and vice president, one of whom, at least, shall not be an inhabitant of the same state with themselves; thev shall name in their ballots the per- son voted for as president, and in distinct ballots the per- son voted for as vice president; and they shall make dis- *See article 2, section 1, clause 3. 16 tinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted: the person having the greatest num- ber of votes for president, shall be the president, if such number be a majority of the whole number of electors ap- pointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be caken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a pre- sident whenever the right of choice shall devolve upon them, before the fouith day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president. 2. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appoinied; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-presi- dent: a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of ihe United States. ARTICLE XIII. If any citizen of the United States shall accept, claim, recei\e, or retain any title of nobility or honor, or shall, without the consent of congress, accept and retain an\ pre- sent, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or pro- fit under them, or either of them. 17 CHAPTER 2. In Congress—September 20, 1776. Resolved, That from and after the publication of the following articles, in the respective armies of the United States, the rules and articles by which the said armies have heretofore been governed,* shall be, and they are, hereby repealed. f SECTION I. Article 1. That every officer who shall be retained tained°^u^ub". in the army of the United States, shall, at the time of scribe 'the* rule, his acceptance of his commission, subscribe these rules8'" and regulations. Art 2. It is earnestly recommended to all officers Divine service- arid soldiers diligently to attend divine servfce: and all and'penTuy for officers and soldiers who shall behave indecently, or ir-m,,behavM)ur- reverently, at any place of dixine worship, shall, if com- missioned officers, be brought before a general court- martial, there to be publicly and severely reprimanded by the president; if non-commissioned officers or sol- diers, every person so offending shall, for his first of- fence, forfeit one-sixth of a dollar, to be deducted out of his next pay; for the second offence, he shall not only for- feit a like sum, but be confined for twenty-four hours; and, for every like offence, shall suffer and pay in like manner; which money, so forfeited, shall be applied to the use of the sick soldiers of the troop or company to which the offender belongs. Art. 3 Whatsoever non-commissioned officer or sol-Profaneswear- dier shall usa any profane oath or execration, shall in therXr.'alty cur the penalties expressed in the foregoing article; and if a commissioned officer he thus guilty of profane cursing or swearing, he shall f irfeit and pay, for each and every such offence, two-thirds of a dollar. Art. 4 Every chaplain who is commissioned to a re- chapiain-pe- . . „ • „ i • i| • . nally fur undue giment, company, troop, or garrison, and shall absent absence. himself from the said regiment, company, troop, or gar- rison, (excepting in case of sickness or leave of absence) shall be brought to a court martial, and be fined not ex- ceeding one month's pay, besides the loss of his pay * See resolutions of 3.0th of June, and 7th of November, 1775—con- tained in supplement to this volume. f Tuese rules and articles with their supplements, were adopted for the army of the United States, under the constitution, and remained in force till IH<>6. when they were repealed and supplied—See chap. 11, sec- 4, and chap. 5u, sec- 3. IS Traitorous or disresp.- tfnl words against during his absence, or be discharged, as the said court- martial shall judge most proper. SECTION II. Art. 1. Whatsoever officer or soldier shall pre- sume to use traitorous or disrespectful words against kg"fi«ur«.s,ate the authority of the United States in Congress assem- bled, or the legislature of any of the United States in which he may be quartered, if a commissioned officer. he shall be cashiered: if a non-commissioned officer or soldier, he shall suffer such punishment as shall be in- flicted upon him by the sentence of a court martial. contempt or dis. Art. 2. Any officer or soldier who shall behave him- the|KeneraT-in-s se" w'tn contempt or disrespect towards the general, or chief. other commander-in-chief of the forces of the United States, or shall speak words tending to his hurt or dis- honor, shall lie punished according to the nature of his offence, by the judgment of a court-ma»tial. Mutiny-penalty Art. 3. Any officer or soldier who shall begin, ex- therefor. f j^ cause ()|. j()j„ j„ any mutiny or sedition, in the troop,-company, or regiment to which he belongs, or in any other troop or company in the sen ice of the United States, or in any part, post, detachment, or guard, on any pretence whatsoever, shall suffer death, or such other punishment as by a court martial shall be inflicted. . Art. 4. Anv officer, non-commissioned officer, or sol- Suppresaon of . • . .... mutiiij-penaitydier, vvbo, being: present at any mutinv or sedition, does for omitting ut- . ■ ■ . , , most endeavors, not use his utmost endeavor to suppress the same, or coming to the knowledge of any intended mutiny, does not, without delay, give information thereof to his com- manding officer, shall be punished by a court martial with death, or otherwise, according to the nature of the offence. Art. 5. Any officer or soldier who shall strike his superior officer, or draw, or shall lift up any weapon, or offer any violence against him, being in the execution of his offi< e. on any pretence whatsoever, or shall disobey any lawful command of his superior olllcer, shall suffer death, or such other punishment as shall, according to the nature of his offence, be inflicted upon him bv the sentence of a court martial. SECTION III. a r war . -^RT- *• Every non-commissioned officer and sol- tortteerad.r..ddier. who shall enlist himself in the service of the United tt;edio'^t,States'shal1 at the time of his so enli-ting, or within on enlistment. bix days afterwards, have the articles for the govern- Resistance to military supe- riors—disobe- dience of law. Jul commands. 19 ment of the forces of the United States read to him, and shall, by the officer who enlisted him, or by the com- manding officer of the troop or company into which he was enlisted, be taken before the next justice of the peace, or chief magistrate of any city or town corpo- rate, not being an officer of the army, or, where re- cou-se cannot be had to the civil magistrate, before the judge advocate, and, in his presence, shall take the fol- lowing oath, or affirmation, if conscientiously scrupu- lous about taking an oath: I swear, or affirm, (as the case may be,) to be true tooath. the United States of America, and to serve them ho- nestly and fairhfully against all their enemies or op- posers whatsoever; and to observe and obey th° orders of the Continental Congress, and the orders of the ge- nerals and officers s^t over me by them. Which justice or magistrate is to give the officer a certificate, signifying that the man enlisted, did take the said oath or affirmation. Art. 2. After a non-commissioned officer or soldier Discnarse ot shall have been duly enlisted and sworn, he shall notXwTtn'r be dismissed the service without a discharge in writing;»•*«»• and no discharge, granted to him, shall be allowed of as sufficient, which is not signed by a field officer of the regiment into which he was enlisted, or commanding of- fi'-er, where no field officer of the regiment is in the same state. SECTION IV. Art. 1. Every officer commanding a regiment, Musters. troop, or company, *ball, upon the notice given to him by tlie commissary of musters, or from one of his depu- tes, assemble the regiment, troop, or company, under his command, in the next convenient place for their being mustered. Aut 2. Evcrv colonel or other field officer com Furlough, to d. , '• , . i a n not «om mission- ing the regiment, troop or company, and actually ed officers and residing with it. may givp furloughs to non-commis-|io„ie0f~'nld,,^r' sioned officers and soldiers, in such numbers, and for so whom sraD,e(J' long a time, as he shall judge to be most consis- tent wiih the good of the service; but. no non-commis- sioned officer or soldier shall, by leave of his captain, or inferior officer, commanding the troop or company (his fidd officer not being present) be absent above twenty days in six months, nor shall more than two pri- vate men be absent at the same time from their troop or company, excepting some extraordinary occasion shall 20 require it, of which occasion the field officer, present with, and commanding the regiment, is to be the judge. Absentees at Art. 3. At every muster, the commanding officer of SCTn^eTat'on'each regiment, troop, or company, there present, shall ,0# give to the commissary, certificates, signed by himself, signifying how long such officers, who shall not appear at the said muster, have been abs nt. and the reason of their absence; in like manner, the commanding officer of every troop or company shall give certificates, signi- fying the reasons of the absence of the non-commis- sioned officers and private soldiers; which reasons, and time of absence, shall be inserted in the muster rolls op- posite to the names of the respective absent officers and soldiers: The said certificates shall, together with the muster rolls, be remitted by the commissary to the Congress, as speedily as the distance of place will admit. False eertifi- Art. 4 Every officer who shall be convicted before a cate. genera] court martial of having signed a false certifi- cate, relating to the absence of either officer or private soldier, shall be cashiered. raise musters- Art. 5. Every officer who shall knowingly make a penalty therefor. fa j se niuster of man or horse, and every officer or com- missary who shall willingly sign, direct, or allow the signing of the muster rolls, wherein such false muster is contained, shall, upon proof made thereof by two wit- nesses before a general court martial, be cashiered, and shall be thereby utterly disabled to have or hold any office or employment in the s^: vice of the United States. Art 6. Anv commissarv who shall be convicted of Commissary of,..," , ., . , „ musters receiv- having taken money, or any other thing, by way ot irayoi0gratiaca-gr'atificati()n, on the mustering any regiment, troop, or mm. company, or on the signing the muster rolls, shall be displaced from his office, and shall be thereby utterly disabled to have or hold any office or employment un- der the United States. Musters of per- Art. 7. Any officer who shall presume to muster any sons not soldiers. , .. , . ', •'. person as a soldier, who is, at other tunes, accustomed to wear a livery, or who does not actually do his duty as a soldier, shall be deemed guilty of having made a false muster, and shall suffer accordingly. SECTION V. False returns. Art. 1. Every officer who shall knowingly make a false return to the Congress, or any committee thereof, to the commander-in-chief of the forces of the United States, or to any, his superior officer, authorized to call 21 for such returns, of the state of the regiment, troop, or company, or garrison, under his command, or of arms, ammunition, clothing, or other stores thereunto belonging, shall, by a court martial, be cashiered. Art. 2. The commanding officer of every regiment. Jf^^^S troop, or independent company, or garrison of the congress ami U." , _, i 11 • ji 1 • • c ,i the commander nited States, shall, in the beginning ot every month, in chief-penalty remit to the commander-in-chief of the American forces, for'ailure' and to the Congress, an exact return of the state of the regiment, troop, independent company, or garrison under his command, specifying the names of the officers not then residing at their posts, and the reason for, and time of, their absence: Whoever shall be convicted of having, through neglect or design, omitted the sending such returns, shall be punished according to the nature of his crime', by the judgment of a general court martial. SECTION VI. Art. 1. All officers and soldiers who, having °e,*rt$n~pe" received pay, or having been duly enlisted in the ser- vice of the United States, shall be convicted of having deserted the same, shall suffer death, or such other pun- ishment as by a court martial shall be inflicted. Art. 2. Any non-commissioned officer or soldier, ,^^nce wUhout who shall, without leave from his commanding officer, absent himself from his troop or company, or from any detachment with which he shall be commanded, shall, upon being convicted thereof, be punished, according to the nature of his offence* ai> the discretion of a court martial. Art. 3. No non-commissioned officer or soldier shall ^f"^"^ enlist himself in any other regiment, troop or company, or company, in which he last served, on the penalty ot*"*"' being reputed a deserter, and suffering accordingly: And in case any officer shall, knowingly, receive and entertain such non-commissioned officer or soldier, or shall not, after his being discovered to be a deserter, immediately confine him, and give notice thereof to the corps in which he last served, he, the said officer so of- fending, shall, by a court martial, be cashiered. Art. 4. Whatsoever officer or soldier shall be con-Adviiingdeser- victed of having advised or persuaded any other officertwn' or soldier to desert the service of the United States, shall suffer such punishment as shall be inflicted upon him by the sentence of a court martial. 22 Reproachful or provoking speeches, Ntc, prohibited. Duelling—chul. lenses to fight prohibited. Quelling fray, and quarrels, SECTION' VII. Art. 1. No officer or soldier shall use any re- proachful or provoking speeches or gestures to another, upon pain, if an officer, of being put in arrest; if a sol- dier, imprisoned, and of asking pardon of the party of- fended, in the presence of his commanding officer. Art. 2. No officer or soldier shall presume to send a challenge to any other officer or s Idier. to fight a duel, upon pain, if a commissioned officer, of being cashiered, if a non-commissioned officer or soldier, of suffering corporeal punishment, at the discretion of a court ma-tial commander, of • Art. 3. If anv commissioned or non-commissioned guard, suffering • 11111 • i ■ •■ pcson. t.. g„ officer commanding a guard, shall, knowingly and wil- duVis.i'o 1*^111. linglv. suffer anv person whatsoever to go forth to fight leijers? °hal" a (n,el- lle shalfbe punished as a cballenger: And like- wise all seconds, promoters, and carriers of challenges, in order to duels, shall be deemed as principals and be punished accordingly. Art. 4. All officers, of what condition soever, have power to part and quell all quarrels, ft a s. anil disor- ders, though the persons concerned should belong to an- other regiment, troop orcompanv; and either to order officers into arrest, or non-commissiom d officers or sol- diers to prison, till their proper superior officers shall be acquainted therewith; and whosoever shall refuse to obey such officer (though of an interior rank) or shall draw his sword upon him, shall be punished at the discretion of a general couil martial. Art. 5. Whatsoever officer or soldiershall upbraid an- Officer or soldier ,, r. .. i n i n i • i .• i • , ■ upbraiding an- other tor refusing a challenge, shall hinsell be punished ^afu£s' fit-ills let out to sutlers, or shall connive at the like ex- l^'^.Xe actions in others; n»r, bv their ow n authoritv and for sale of supplies, .i • • i "i ii ;■ i I 1 • nor to lay any their private advantage, shall they lay any duty or lm-amy thereon for position upon, or be interested in the saleofsucii victuals,*,ili^ivatead' liquors, or other necessaries of life, which are brought into the garrison, fort, or barracks, for the use of the sol- diers, on the penalty of being discharged from theservice. SECTION IX. Art. 1. Every officer commanding in quarters, gar- commandingof- risons, or on a march, shall keep good order, and, to the^'onierln utmost of his power, redress all such abuses or disor- 2ni!'rSe£a. ders which mav be committed bv anv officer or soldier buses w the ut- . . ' i • ■ i • ,,n>ost ot their under his command; if, upon complaint made to bun ot power. officers or soldiers beating, or otherwise ill-treating any person; of disturbing fairs or markets, or of commit- ting any kind of riots to the disquieting of the good j.'oole of the United States; he the said commander, who shall refuse or omit to see justice done on the offender or offenders, and reparation ma ie to the party or parties injured, as far as part of the offender's pay shall enable him or them, shall, upon proof thereof, be punished, by a general court martial, as if he himself had committed the crimes or disorders complained of. SECTION X. Art. 1. Whenever any officer or soldier shall be zc-^^Sjft cuscd of a capital crime, or of having used violence, or l$^^;°* committed any offence against the persons or property citizens, to be ii n .. i r t i » • is .. delivered up to of the good people of any ot the United American States, uncivil magis- * Repealed and supplied by resolution of 14th April, 1777—See chap. 3 art. 1. 21 wtes.'upon ap-such as is punishable by the known laws of the land, the plication duly commanding officer and officers of every regiment, troop, or party, to which the person or persons so ac- cused shall belong, are hereby required, upon applica- tion duly made by or in behalf of the party or parties injured, to use his utmost endeavors to deliver over such accused person or persons to the civil magistrate; and likewise to be aiding and assisting to the officers of justice in apprehending and securing the person or persons so accused, in order to bring them to a trial. If any commanding officer or officers shall wilfully ne- glect or shall refuse, upon the application aforesaid, to deliver over such accused person or persons to the civil magistrates, or to be aiding and assisting to the officers of justice in apprehending such person or persons, the officer or officers so offending shall be cashiered. ko person to lie ArT« 2« No officer shall protect any person from his protected from creditors, on the pretence of his being a soldier, nor any his creditors on , » „ ... •' . pretend of be. non-commissumed officer or soldier who does not actu- ln& a soldier. alJy do aj| (]uties ^ S||ch^ an(j |1() fa,.the|. than is al. lowed by a resolution of Congress, bearing date the 26th day of December, 1775.* Any officer offending herein, being convicted thereof before a court martial, shall be cashiered. SECTION XI. Art. 1. If any officer shall think himself to be S!rilses!f'c(!m'-ev" wronged by his colonel, or the commanding officer of the missioned offi. regiment, and shall, upon due application made to him, be refused tube redressed, he may complain to the ge- neral, commanding in chief the forces of the United States, in order to obtain justice, who is hereby re- quired to examine into the said complaint, and, either Tuesday, December 26, 1775.* Whereas there is reason to believe, that divers persons, either from inattention to the public good, or with design to retard the recruiting service, have arrested and imprisoned, for very trifling debts, many sol- diers, who had engaged to risque their lives in defence of the liberties of America; a d. as it has always been found necessaty, in time of war, to regulate and restrain a practice of such pernicious tendency, and in such cases, to abate the rigour of the law:. Resolved, therefore, That it be recommended to the several legislatures in these colonies, whether assemblies or conventions, to pass acts or or- dinances, prohibiting the arrests of continental soldiers f^"'i"111"15- or spoiled, through neglect, his horse, arms, clothes or accoutrements, shall undcrg) such weekly stoppages (not exceeding the half of his pay) as a court-martial shall judge sufficient for repairing ihe loss or damage; and shall sud'er imprisonment, or such other corporeal punishment, as his crime shall deserve. "Repealed and supplied by resolution oi Hth April, 1777—See chap. 3, art. 2. 4 26 Kmbczzleraent and misapplies. lion ot public n.oney. Captains chnr;- ed with tin mj;>- plies lor (htir companies. Absence from camp without leave. Lying out of quarters, &c. without leave. Retiring to quarters at re- treat beat. Absence from parade. Oi iii'.Ik'uness on Art. 4. Every officer who shall be convicted at a court martial, oi having embezzled or misapplied any money with which he may have been entrusted for the payment of the men under his con is and, or for enlisting men into the service, if a commissioned officer, shall be cashiered and compelled to refund the mone}; if a non- commissioned officer, shall be reduced to serve in the ranks as a private soldier, be put under stoppages until the money be made good, and suffer such corporeal pun- ishment, (not extending to life or limb) as the court- martial shall think fit. Art. 5. Every captain of a troop or company is charged with the arms, accoutrements, ammunition, clothing, or other warlike stores belonging to the troop or company under bis comn-iind, which he is tc be ac- countable for to his colonel, in case of their being h st, spoiled, or damaged, not by unavoidable accidents, or on actual service. SECTION XIIT. Art. 1. All non-commissioned officers and soldiers, who shall be found one mile fiom the camp, without leave, in writing, from their commanding officer, shall suffer such punishment as shall be inflicted upon them by the sentence of a court-martial. Art. £. No officer or soldier shall lie out of his quar- ters, garrison, or camp, without leave from his superior officer, upon penalty ot being punished according to the nature of his offence, by'the sentence of a court- martial. Art. 3. Every non-commissioned officer and soldier shall retire to his quarters or tent at the beating of the retreat; in default of which he shall be punished, ac- cording to the nature of his offence, by the commanding officer. Art. 4. No officer, non-commissioned officer, oi sol- dier, shall tail of repairing, at the time fixed, to the place of parade or exercise, or other rendezvous ap- pointed by his commanding officer, if not prevented bv sickness, or some other evident necessity; or shall «■» from the said place of rendezvous, or f,.,,,,,' fjs guard, without leave from his commanding officer before he shall be regularly dismissed or relieved' on the penalty of being punisbed according to the nature of his offence, by the sentence of a court-martial Art. 5. Whatever commissioned officer shall be found drunk on his guard, party, or other duty under 27 arms, shall he cashiered for it; any non-commissioned g^mi or other officer or soldier so offending, shall suffer such corpo-1'"*" real punishment as shall be inflicted by the sentence of a court-martial. Art. 6. Whatever sentinel shall be found sleeping upon his post, o- shall leave, it before he shall be regu-sentinel sieep- larlv relieved, shall suffer death, or such other punish-1"8 on pos ment as shall be inflicted by the sentence of a court- martial. Art. 7. No soldier belonging to any regiment, troop, or company, shall hire another to do bis iuty for him,H',rinsofdl,ty- or be excused from duty, but in case > sickness, disa- bility, or leave of absence; an I eve -v s \r'\ soldier found guilty of hiring his duty, as also the party so hired to do another's duty, shall be punished at the next regi- mental court-martial. Art. 8. And every non-commissioned officer con- niving: at sucli hiring of dutv as aforesaid, shall be re conniving at the , , P ., , * . . , |V. . . hiring of duty. duced for it; and every commissioned officer, knowing and allowing of such ill-practices in the service, shall be punished by the judg nent of a general court-martial. Art. 9. Any person, belonging to the forces employed in the service of the United States, who, by discharging False alarms- of fire-arms, drawing of s.vords, beating of drums, or by any other means whatsoever, shall occasion false alarms in camp, garrison or quarters, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court-martial. Art. 10. Any officer or soldier who shall, without ur- gent necessity, or without the leave of his superior o!fi- shabie. cretion of such court-martial: The oath to be adminis- tered in the following form, viz. "You swear the evidence you shall give in the cause°athofwitnes,eS n«w in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God." Art. 7. No field-officer shall be tried by any person Field officers- tmder the degree of a captain; nor shall any proceedings t)l^°!d~j'ou,'sof or trials be carried on excepting between the hours of eight in the morning and of three in the afternoon, ex- cept in cases which require an immediate example. Art. 8. No sentence of a general court-martial shall sentences of ge- be put in execution, till after a report shall be made of ^™l'iatj",ins the whole proceedings to Congress, or to the general or commander-in-chief of the forces of the United States, and their or his directions be signified thereupon * Art. 9. For the more equitable decision of disputes Dit„ ,,e. which may arise between officers and soldiers belonginglw,i1l|,"!i''''"" to different corps, it is hereby directed, that the courts-««■!». " martial shall be equally composed of officers belonging to the corps in which the parties in question do then serve; and that the presidents shall be taken by turns, beginning wiib that corps which shall be eldest in rank. Arc 10. The commissioned officers of every regi-Regimental nicnt may, by the appointment of their colonel or coin- j',"""V' manning officer, hold regimental courts-martial for the inquiring into such disputes, or criminal matters, as may come before them, and for the inflicting corporeal pun- ishments for small offences, and shall give judgment by the majority of voices; but no sentence shall be ex- * Repealed and supplied by resolution of 14th April, 1777—See chap. 3, art. 3. iiiiirtiul— 32 edited till the commanding officer (not being a mem- ber of the court-martial) or the commandant of the gar- rison, shall have confirmed the same. organization of Art. 11. No regimental court-martial shall consist Lum'i'sn'iartiai. of less than five officers, excepting in cases where that number cannot conveniently he assembled, when three may be sufficient; who are likewise to determine upon the sentence by the majority of voices; which sentence is to "be confirmed by the commanding officer of the re- giment, not being a member of the court martial. Gamson or de- Art. 13. Every officer commanding in any of the tsichinent courts- P , , i i i ■ ',i • martial. forts, barracks, or elsewhere, where the corps under his command consists of detachments from different re- giments, or of independent companies, may assemble courts-martial for the trial of offenders in the same manner as if they were regimental, whose sentence is not to be executed until it shall be confirmed by the said commanding officer. Dismissaior Art. IS. No commissioned officer shall be cashiered officer's?'0"^ or dismissed from the service, excepting by an order from the Congress, or by the sentence of a general court martial; but non-commissioned officers may be discharged as private soldiers, and, by the order of the colonel of the regiment, or by the sentence of a re- gimental court-martial, be reduced to private sentinels. couductin pre- Art. 14. No person whatever shall use menacing mauia/,&"."" words, signs, or gestures, ill the presence of a court- martial then sitting, or shall cause any disorder or riot, so as to disturb their proceedings, on the penalty of being punished at the discretion of the said court- martial. offenders to he Art. 15. To the end that offenders may he brought confined. a"d to justice, it is hereby directed, that whenever any of- ficer or soldier shall commit a crime deserving punish- ment, he shall, by his commanding officer, if an officer, be put in arrest; if a mm commissioned officer or sol- dier, be imprisoned till he shall be either tried b\ a court-martial, or shall be lawfully discharged by a pro- per authority. Limitationofar- Art. 16. i\oofficer or soldier who shall be put in ar- ,e,tandco1,ti,.e-1.cst or imprisonment, shall continue in his confinement more than eight days, or till such time as a court-mar- tial can be conveniently assembled^ Refusal to re- Art. 17. No officer commanding a guard, or provost- eeiveprisoner. Ilia,.tja|f si,an refuse to receive or keep any prisoner committed to his < barge, bv any officcr belonging to the forces of the United States; which officer shali, at the 33 same time, deliver an account in writing, signed by him- self, of the crime with which the said prisoner is charged. Art. 18. No officer commanding a guard, or provost-Release and es- martial, shall presume to release any prisoner commit- ^of iuison- ted to his charge without proper authority for so doing; nor shall he suffer any prisoner to escape, on the penal- ty of being punished for it by the sentence of a court- martial. Art. 19- Every officer or provost-martial to whose Provost marrfai charge prisoners shall be committed, is hereby re-£por£eof*pk quired, within twenty-four hours after such commit-S0"trsc0I,fined* nient, or as soon as he shall be relieved from his guard. to give in writing to the colonel of the regiment to whom the prisoner belongs (where the prisoner is confined upon the guard belonging to the said regiment, and that his offence only relates to the neglect of duty in his own corps) or to the commander-in-chief, their names, their crimes, and the names of the officers who committed them, on the penalty of bis being punished for his dis- obedience or neglect, at the discretion of a court-martial. Art. 20. And if any officcr under arrest, shall leave Breach of arrest. his confinement before he is set at liberty by the officer who confined him, or by a superior power, he shall be cashiered for it. Art. 21. Whatsoever commissioned officer shall be conduct unbe- convicted, before a general court-martial, of behavingSr^SS^mE" in a scandalous, infamous manner, such as is unbe-'in- coming the character of an officer and a gentleman, shall be discharged from the service. Art. 22. In all cases where a commissioned officer is officers cashier- cashiered for cowardice or fraud, it shall be added in &'* Se- ttle punishment, that the crime, name, place of abode, p7S7ii,be and punishment of the delinquent, be published in the newspapers.in ___ . , , . ., , t. ., , .• and about the newspapers, in and about the camp, and of that particu camp, and of the lar state from which the offender came, or usually re- iM£te,ich sides: After which, it shall be deemed scandalous forcame* any officer to associate with him. SECTION XV. Art. 1. When any commissioned officer shall happen Effects of .om- to die, or be killed in the service of the United States, ™;."ioXld£"or the major of the regiment, or the officer doing the ma are killed inser- jor's duty in his absence, shall immediately secure all his™ effects, or equipage, then in camp or quarters; and shall, before the next regimental court-martial, make an in- ventory thereof, and forthwith transmit the same to the 5 34 office of the board of war, to the end. that his executors may, after payment of his debts in quarters and inter- ment, receive the overplus, if any be, to his or their use. Art. 2. When any non-commissioned officer or sol- Effects ofnon- •',. , . ... . . . . c commissioned of-(]je,. sj,aii happen to die, or to be killed in t lie service ot Sie"Vhodsnaii the United States, the then commanding officer of the teffitoilr™troop or company, shall, in the presence of two other **•* commissioned officers, take an account of whatever ef- fects he dies possessed of, above his regimental clothing, 1* arms and accoutrements, and transmit the same to the office of the board at war; which said effects are to be accounted for, and paid to the rejiresentative of such deceased non-commissioned officer or soldier. And in case any of the officers, so authorized to take care of the effects of dead officers and soldiers, should, before they shall have accounted to their representatives for the same, have occasion to ieave the regiment, by prefer- ment or otherwise, they shall, before they be permitted to quit the same, deposit in the hands of the commanding officer, or of the agent of the regiment, all the effects of such deceased non-commissioned officers and soldiers, in order that the same may be secured for, and paid to, their respective representatives. SECTION XVI. Artinery snWect Aire. 1. All officers, conductors, gunners, matrosses, Uctoaf »nar.a" "" rivers, or any other persons whatsoever, receiving pay or hire in the service of the artillery of the United States, shall be governed by the aforesaid rules and ar- ticles, and shall be subject to be tried by courts martial, in like manner with the officers and soldiers of the other troops in the service of the United States. Art. 2. For differences arising amongst themselves, Artiiierycourta-or in matters relating solely to their own corps, the ,narti*1' courts-martial may be composed of their own officers; but where a number sufficient of such officers cannot be assembled, or in matters wherein other corps are in- terested, the officers of artillery shall sit in courts-mar- tial with the offi-ers of the other corps, taking their rank according to the dates of their respective commis- sions, and no otherwise. SECTION XVII. Miiwa. &c Art. 1. The officers and soldiers of any troops, whe- nemainpay','«ub-tner ,ninuteme"» militia, or others, being mustered and ject to these in continental pay, shall, at all times, and in all nlaces, rules and aru- . . . , ... . • . . . * . eiwofwar. when joiued or acting in conjunction with the regular 33 forces of the United States, be governed by these rules or articles of war, and shall be subject to be tried by courts-martial in like manner with the officers and sol- diers in the regular forces, save only that such courts- martial shall be composed entirely of militia officers of the same provincial corps with the offender. That such militia and minute-men as are now in ser- vice, and have, by particular contract with their respec- tive states, engaged to be governed by particular regu- lations while in continental service, shall not be subject to the above articles of war. Art. 2. For the future, all general officers and co-officers of the lonels, serving by commission from the authority of any '{*'u.lsfat«'of particular state, shall, on all detachments, courts-mar t?ke vV^ot tial, or other duty, wherein they may be employed in cra«otheeen- refused to be redressed, he may complain to the conti-who shaii take nental general commanding in the state where such re- ^"the wrong", giment shall be stationed, in order to obtain justice;^t^"*^e< who is hereby required to examine into the said com- plaint, and take proper measures for redressing the wrong complained of, and transmit, as soon as possible, to Congress, a true state of such complaint, with the proceedings had thereon. Art. 3. No sentence of a general court-martial shall era/™0.^-^ be put in execution, till after report shall be made ofti?lt<>be reP°rt" j.1 i_ 1 l- * r> 4.U 1 ed to Congress or the whole proceedings to Congress, the commander-m- commander-in- chief, or the continental general commanding in the before e°xecuUo^ state, where such a general court-martial shall be held, and their or his orders be issued for carrying such sen- tence into execution.! Art. 4. The continental general, commanding in ^^"^f^ either of the American states, for the time being, shall po*"1 general have full power of appointing general courts-mar-and pardon or tial to be held, and of pardoning or mitigating any m„Ses ™££ of the punishments ordered to be inflicted for any ^fjee^d1^t^en- of the offences mentioned in the aforementioned rules *mih.th4y sl*"u and articles for the better government of the troops; with*proceedings except the punishment of offenders, under sentence,0 ,ht Co"s";sfc of death, by a general court-martial, which he may order to be suspended until the pleasure of Congress can be known, which suspension, with the proceed- ings of the court-martial, the said general shall im- mediately transmit to Congress for their determination. And every offender, convicted by any regimental court- martial, may be pardoned, or have his punishment mi- tigated by the colonel, or officer commanding the regi- ment.f "See chapter 2. t Modihed by resolutions of 27 May, and 18 June, 1777—see chaps. 4,6. 38 CHAPTER IV. In Congress—May 27, 1777. c^nSnde^n.OT Resolved, That the general, or commander-in-chief, 5onforTuii|^[emr *'ie t'me ^e'n?» s'ia'' *,ave ^u^ power of pardoning ?hmen*e PT'or litigating any of the punishments ordered to be in- rised to be inflict-flicted for any of the offences mentioned in the rules and and ancles "of" articles, for the better government of the troops raised, or to be raised and kept in pay by, and at the expense of, the United States of America; the fourth article re- solved in Congress the 14th daj of April laft, notwith- standing. war. CHAPTER V. In Congress—June 14,1777. tedfuates.61 ° Resolved, That the flag of the thirteen United States, be thirteen stripes, alternate red and white: that the union be thirteen stars, white in a blue field, represent- ing a new constellation.* CHAPTER VI. In Congress—June 18, 1777. commanding se- Resolved, That a general officer commanding a sepa- men^mavlct rate department, be empowered to grant pardons to. or rin^ithoUT"order execution of, persons condemned to suffer death SSc^^:b^ general courts-martial, without being obliged to re- der-in-chief. port the matter to Congress or the commander-in- chief. CHAPTER VII. In Congress—April 12, 178J. Resolved, That the non-commissioned officers and pri- vates to be raised by the resolution of the seventh day roe troops tobeofth?P,:esent month> April, be furnished by the states raised., hereinafter mentioned, in the following proportions: "Altered by act of 13th January, 1794—see chapter 17. 39 Connecticut, - - 165 New-York, - - 165 New-Jersey, - - 110 Pennsylvania, - 260 ----700 That the following commissioned officers be furnished ^j^™1*^ bv the said states, for the said troops, in the following furnished bythe 1 " states named. proportions: One lieutenant colonel from Pennsylvania. Two majors, one from Connecticut, and one from New-York, each to command a company. Eight captains* ten lieutenants, one to act as adju- tant, one as quarter-master, and one as paymaster. Ten ensigns, one surgeon and four mates, to be fur- nished by the said states in proportion to the number of privates which they respectively furnish. That the pav of the lieutenant-colonel be fifty dol-Pay of officers, i ii " j.i p ,i • p . n j. • noncommission- lars per month; that ot the major, forty five; captain,edofficers,am thirty five; lieutenant, twenty-six; ensign, twenty; ser-sold,ers* geant, six; corporal, five; drum, five; fife, five; pri- vate, four; surgeon, forty-five; mate, thirty. That the lieutenants acting as adjutant, quarter-mas- ter and pay-master, shall receive, in consideration of the said extra duty, each ten dollars per month. That each officer and soldier shall receive one month's pay after they are embodied, before their march.* That the secretary of war be directed to form the Troops to bear- said troops wdien raised into one regiment, consisting^m^ltm^n°.1,e of eight companies of infantry, and two of artillery, to '"^^^'f appoint their places of rendezvous, direct their subse- infantry and two quent operations, and make all other inferior necessary" w ery arrangements not herein particularly mentioned, subject to the order of Congress, and of the committee of the states in the recess of Congress; and that the commis- sioners of the treasury be instructed to furnish on bis warrant, the sums necessary for carrying the same into effect. That the said troops when embodied, on their march, when embodied. on duty, or in garrison, shall be subject to all the rules SKJtaJSd and regulations formed for the government of the lateartklesofwar- army, or such other rules as Congress or a committee of the states may form. That the secretary at war ascertain the necessary •The provisions of this resolution in regard to pay, were adopted by a resolution of the 3d of October, 1787, and again by an act of Congress of 29th September, 1789—see chapter 9 and chapter 11, section 2—re- pealed and supplied by act of 30th April, 1790—see chap. 12. 40 Clothing. Rations. clothing and rations proper for the troops, and report the same to Congress. That the commissioners of the treasury contract for the supply of rations at such places and in such quanti- fies as the secretary'at war shall judge necessary. CHAPTER VIII. General ceurts- martial may con- sist of any num- ber of commis- sioned officers from five to thir- teen. General courts- martial shall be oniered as often as the cases may require, by the general, or offi- cer commanding the troops. Sen- tences not to be executed until after the pro- ceedings shall have been laid before him; nor then, iu time of In Congress—May 31, 1786. Whereas crimes may be committed by officers and soldiers, serving with small detachments of the forces of the United States, and where there may not be a suf- ficient number of officers to hold a general court-mar- tial, according to the rules and articles of war, in con- sequence of which criminals may escape punishment, to the great injury of the discipline of the troops and the public service: Resolved, That the 14th section of the rules and ar- ticles for the better government of the troops of the United States, and such other articles as relate to the holding of courts-martial, and the confirmation of the sentences thereof, be, and they are hereby repealed. Resolved, That the following rules and articles for the administration of justice, and the holding of courts- martial, and the confirmation of the sentences thereof, he duly observed, and exactly obeyed by all officers and soldiers, who are, or shall be in the armies of the United States. ADMINISTRATION OF JUSTICE. Art. 1. General courts-martial may consist of any number of commissioned officers from five to thirteen in- clusively; but they shall not consist of less than thirteen, where that number can be convened without manifest injury to the service. Art. 2. General courts-martial shall be ordered, as often as the cases may require, by the general or officer commanding the troops. But no sentence of a court- martial shall be carried into execution until after the whole proceedings shall have been laid before the said general or officer commanding the troops for the time being; neither shall any sentence of a general court- martial in time of peace, extending to the loss of life, the dismission of a commissioned officer, or which shall 41 either in time of peace or war respect a general officer, J^;, ^fef be carried into execution, until after the whole proceed- k,v, m-dismis- i 11 1 1 . -,,... sion of eoiunjis- mgs shall have been transmitted to the secretary at war. »i.,n«i officers; to be laid before Congress for their confirmation, or^'Leorwar' disapproval, and their orders on the case. All othei J^'Xers, sentences may be confirmed and executed bv the office*-u,,til laid i>eture ..... . . , » Concresv for ordering the court to assemble, or the commanding ofli-ih-.h-orders. cer for the time being, as the case may be. Art. 3. Everv officer commanding a regiment oroffi»iier, consider himself as counsel for the prisoner, after the immV'^ri,"'- said prisoner shall have made his plea, as to object tt. qul^n^'hin,- any leading question to anv of the witnesses, or an \ sclfo.1'lL~d,lim? J ® . ^i* ■ . ■ • , I'lesoou. to wit- tjuestion to the prisoner, the answer to which might«««:.. tend to criminate himself; and administer to each mem- ber the following oaths, which shall also be taken by all members of regimental and garrison courts-martial. ••You shall well and truly try and determine, ac-oaths of mem- cording to evidence, the matter now before you, betweenbers' the United States of America, and the prisoner to be tried. So help you God." »» You A. B. do swear, that you will duly administer justice, according to the rules and articles for the better 6 42 government of the forces of the United States of Ame- rica, without partiality, favor or affection; and if any doubt shall arise, which is not explained by said articles, according to your conscience, the best of your under- standing, and the custom of war, in the like cases. And you do further swear, that you will not divulge the sentence of the court, until it shall be published by the commanding officer. Neither will you, upon any ac- count, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court- martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help y;m God." And as soon as the said oaths shall have been admi- nistered to the respective members, the president of the court shall administer to the judge-advocate, or person officiating as such, an oath in the following words: oath of judge «» You A. B. do swear, that you will not upon any ac- count, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court- martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law. So help you God." Members to lie- Art. 7. All the meiiibers of a court-martial are to cyaUvYnvotii?gbehave with decency and calmness; and in giving their JSungeVtuVeom- votes, are to begin with the youngest in commission. ™<*™»- . M Art. 8. All persons who give evidence before a Witnesses shall . * . ° . . _, be examined on rourt-martial, are tube examined on oath, or affirma- ofde!th"lequiresti(>n as thecase may be, and no sentence of death shall tXthi'rds^fUie^6 gh'cn against any offender by any general court- members, martial, unless two thirds of the members of the court shall concur therein. oath of witnesses Art. 9. Whenever an oath or affirmation shall be administered hy a court-martial, the oath or affirma- tion shall lie in the following form: "You swear (or affirm, as the case may be) the evi- dence you shall give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God " ontriaisnot ART- 10\On the trials of cases not capital, before capita! deposi- courts-martial, the depositions of witnesses, not in the tioiis ot witnesses ■ • «-. ,. .. ■ . . ... not of the army line or statt ot the army, may be taken before some jus- Tnadyr^uinnevi.tice of the peace, and read in evidence, provided the pro- dence. secutor and person accused are present at the taking the same. triedeibut°b'obe Art. 11. No officer shall be tried but by a general n"raUoUurts?mw-court-martial, nor by officers of an inferior rank if it 43 can be avoided. Nor shall anv proceedings or trials tmi, nor by mfe- , . . . , -" ' . n • , . • rior grades if it be carried on, excepting between the hours ot eight in can be avoided- the morning and three in the afternoon, except in cases J^"lg" 1>r0" which, in the opinion of the officer appointing the court require immediate example. Art. 12. No person whatsoever shall use menacing conduct in pre- , * ,. c • sence of courts- words, signs or gestures in the presence ot a court-martial. martial, or shall cause any disorder or riot to disturb their proceedings, on the penalty of being punished at the discretion of the said court-martial. Art. 13. No commissioned officer shall be cashiered, Dismissal of of- or dismissed from the service, excepting by order of"harg.-aoT'nont Congress, or by the sentence of a general court-mar- ft"",r'"'"n0dn^]?f* tial; and no noncommissioned officer or soldier shall diers. be discharged the service, but by the order of Con- gress, the secretary at war, the commander-in-chief, or commanding officer of a department, or by the sentence of a general court-martial. Art. 14. Whenever any officer shall be charged with Arrest and con. a crime, he shall be arrested and confined to his bar ce^-bTeachV rarks, quarters or tent, and deprived of his sword byarrest" his commanding officer. And any officer, who shall leave his confinement before he shall be- set at liberty by his commanding officer, or by a superior power, shall be cashiered for it. Art. 15. Non-commissioned officers and soldiers, imprisonment of who shall be charged with crimes, shall be imprisoned,sold,ers' until they shall be tried by a court-martial, or released by proper authority. Art. 16. No officer or soldier, who shall he put in ar- Limitation of ar- . . ■ n /• • i ■ n rest and confine. rest or imprisonment, shall continue iu his conhnement menu more than eight days, or until such time as a court- martial can be assembled. Art. 17. No officer commanding a guard, or provost-Refusal to «. i marshal, shall refuse to receive or keep any prisonerceivepr,soners' committed to his charge by any officer belonging to the forces of the United States, provided the officer com- mitting shall, at the same time, deliver an account in writing signed by himself, of the crime with which the said prisoner is charged. Art 18. No officer commanding a guard, or provost- Release and «. marshal, shall presume to release any person commit-caPeofPrisoners' ted to his charge, without proper authority for so doing; nor shall he suffer any person to escape on penalty of being punished for it by the sentence of a court-martial. Art. 19. Every officer, or provost-marshal, to whose Prisoner, to be charge prisoners shall be committed, shall, within rei'ortedd",ly' 11 twentv-four hours after such commitment, or soon as be shall be relieved from his guard, make report in writing, to the commander-in-chief, or commanding of- ficer, of their names, their crimes, and the names of the officers who committed them, on the penalty of his being punished for disobedience or neglect at the dis- cretion of a court-martial. Art. 20. Whatever commissioned officer shall he con- srandaious be- victcd before a general court-martial, of beha\irg in a haviour* scandalous and infamous manner, such as is unbecom- ing an officer and a gentleman, shall be dismissed the service. suspension. Art. 21. In cases where a court-martial may think it proper to sentence a commissioned officer to be sus- pended from command, they shall have power also to suspend his pay and emoluments for the same time, ac- cording to the nature and biliousness of the offence. office,e**vier. Art. 22. In all cases where a commissioned officer is «i fm-coward- rasliiered for cowardice or fraud, it shall be added in ire—sentence, to # .. . . . bepubiuhed in the sentence, that the crime, name, place ot atoxic, and ,ltwspap"'s'&c'punishment of the delinquent be published in the news- papers, in and about the camp, and of the particular state from which the offender came, or usually resides; after which it shall be deemed scandalous for any officer to associate with him. commanders of Art. 23. The commanding officer of any post or de- pots »h;iii re- tachment, in which there shall not be a number of offi- pon the neces- . . .. . iit> tor general cers adequate to form a general court-martial, shall, in coiir's-:iiariial to , . . . . i- i * commanders of eas* s which require the cognizance ot sucli a court, re- departmems, j„,i.t to the commanding officer of the department, who shall order a court to be assembled at the nearest post or detachment and the party accused, with the necessa- ry witnesses, to be transported to the place where the said court shall be assembled. <. Art. 24. No person shall be sentenced to suffer Sentence of I . death-limitationoYath, except in the cases expressly mentioned in the ot'coiporat pun- . * . , i ii " .i i ■ I ishmeut. aforegoing articles; nor sball more than one hundred lashes be inflicted on any offender at the discretion of a court-martial. proceeding of Every judge-advocate, or person officiating as such, general courts- at any general court martial. shall transmit, with as manial to be , ,. . . . „ . ... riled in war of- much expedition as the opportunity oftime and distance fice- of place can admit, the original proceedings and sen- tence of such court-martial, to the secretary at war, which said original proceedings and sentence, shall be carefully kept and preserved in the office of the said secretary, to the end, that persons entitled thereto, may 45 be enabled, upon application to the said office, to ob- tain copies thereof. The partv tried by anv general court-martial, shall Party tried enti- i i-/i i 1 n ..I " j i i- f tied to copy on, be entitled to a copy ot the sentence and proceedings ot demand. such court-martial after a decision on the sentence, upon demand thereof made by himself, or by any person or persons in his behalf, whether such sentence be ap- pn \ "d or not. Art. 25. In such cases, where the general, or com-comts of inqni- manding officer may think proper to order a court of2^self,^S.OH inquirv. to examine into the nature of anv transaction, ceMl,I,8> a,,d • . . „. * , ,. powers. accusation or imputation against any officer or soldier, the said court shall be conducted conformably to the fol- lowing regulations: It may consist of one or more offi- cers, not exceeding three, with the judge-advocate, or a si:itable person, as a recorder, to reduce the proceed- ings and ev idenccs to writing, all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to summon witnesses as a court-martial, and to examine them on oath; hut they shall not give their opinion on the merits of the case, excepting they shall be thereto specially required. The parties accused shall also be permitted to cross-examine and interrogate the witnesses, so as to investigate fully the circumstances in question. Art. 26. The proceedings of a court of inquiry mustProeecd.llg,llllly be authenticated by the signature of the recorder and be*dmittrd as the president, and delivered to the commanding officer;c^in^maniai, and the said proceedings may be admitted as evidence,^qi^'vprohibit- by a court-martial, in cases not capital or extending to^^sD>d£e the dismission of an officer; provided, that the circum-accus<;d- stances are such that oral testimony cannot be obtained. But as courts of inquiry may be perverted to dishonora- ble purposes, and may be considered as engines of de- struction to military merit, in the hands of weak and envious commandants, they are hereby prohibited, un- less demanded by the accused. Art. 27. The judge-advocate, or the recorder, shall oaths of mem- administer to the members the following oath: ber».judRe-«d- . T in ,, , i . ° , . vo.ate and wit- "lou shall well and truly examine and inquire, ac-"^"- cording to your evidence, into the matter now before you, without favor or affection. So help you God." After which the president shall administer to the judge advocate, or recorder, the following oath: ••You A. B. do swear, that you will, according to your best abilities, accurately and impartially record the proceedings of the court, and the evidences to be give" in the case in hearing. So help you God," 46 The witnesses shall take the same oath as is directed to be administered to witnesses sworn before a court- martial. Resolved, That when any desertion shall happen from imm'Siy^the troops of the United States, the officer commanding ported t»the ^he regiment or corps to which the deserters belonged, commanding oi ~ I # ', , titer present, shall be responsible, that an immediate report ot the same be made to the commanding officer of the forces of the United States present. Resolved, That the commanding officer of any of the Deserters to be forces in the service of the United States, shall, upon MiedladVertis'ed report made to him of any desertions in the troops inl- andrewa^Tof der his orders, cause the most immediate and vigorous ten dollars of- searrh to be made after the deserter or deserters, fered tor the ... appreiiension of which may be conducted by a commissioned or non-commissioned officer, as the case shall require. That, if such search should prove ineffectual, the officer commanding the regiment or corps to which the deser- ter or deserters belonged, shall insert, in the nearest gazette or newspaper, an advertisement, descriptive of the deserter or deserters, and offering a reward, not ex- ceeding ten dollars, for each deserter wh i shall be ap- prehended and secured in any of the gaols of the neigh- boring states. That the charges of advertising deser- ters, the reasonable extra expenses incurred by the per- son conducting the pursuit, and the reward, shall be paid by the secretary at war, on the certificate of the com- manding officer of the troops. CHAPTER IX. In Congress—October 3, 1787. Whereas the time for which the greater part of the troops on the frontiers are engaged, will expire in the course of the ensuing year, Resolved, That the interests of the United States re- 700 troops shaii quire that a corps of 700 troops should be stationed <»n IhefroS.0" the frontiers to protect the settlers on the public lands from the depredations of the Indians; to facilitate the surveying and selling of the said lands, in order to re- duce the public debt, and to prevent all unwarrantable intrusions thereon. Resolved, That in order to save the great expense of Re-eniistment of transporting new levies to the distant frontiers of the *«e«. service. jjnited States, and also to avail the public of the discip- 47 line and knowledge of the country, acquired by the troops on the frontiers, it is highly expedient to retain as many of them as shall voluntarily re-engage in the service. ^Resolved, That 700 non-commissioned officers and privates be raised for the term of three years, unless {^jS^r'?11 sooner discharged, and that the same be furnished in^8"* the proportions herein specified, by the states which raised the troops agreeably to the requisitions of Con- gress, of April, 1785:f Connecticut, 165, New-York, 165, New Jersey, HO, Pennsylvania, 260. That the commissioned officers for the said troops be furnished by the said states, agreeably to the present proportions. That the organization of the said troops, together organization with the two companies of artillery raised by virtue of the resolves of Congress of the 20th of October, 1786, be according to the present establishment, to wit: one regiment of infantry of eight companies, each company four sergeants, four corporals, two musicians, and sixty privates; and one battalion of artillery, of four compa- nies, each company four sergeants, four corporals, twq musicians, and sixty privates. That the secretary at war make the necessary ar- rangements, from time to time, to replace the men on the frontiers whose engagements shall expire. That the said troops shall be governed by such rules and articles of war as are or shall be established by Congress, or a committee of the states. That the pay and allowances of the said troops be the Pay and allow- same as directed by the resolve of Congress of April 12, ^^ 17654 CHAPTER X, An act to establish an executive department, to be denominated the De- partment of War $ Sec. 1. Be it enacted by the Senate and House of Re- presentatives of the Udted States of America in Congress *The establishment provided for by these resolutions, was recognized and adopted by an act of congress under the constitution—see chapter 11, section I- fSee chapter 7. JThough this act has no direct bearing upon the military service, yet, it was thought, that, as it indicates the relation in which the secretary of ihe war department stands to the army, it would not be out of place here. 48 as?rm*>Jed, T'bat th^re shall be an executive department, ^«™™°d. to he deirunirated the department of war; and that there shall be a principal officer therein, to bc called the se- Secreta.7thereof(.rr ft .y f.(r fhp mM a,.frnpnt ()f wa,., wllO shall perform and execute such duties as sha'l. from time to time, be enjoined on. or entrusted to, him. by the president of the United States, agreeably to the constitution, rela- ^SyV^rrt'K0 to military commissions, or to the land or naval include n:»ai »t fnt-res.* ships, or warlike stores, of the United States, military affairs. ' .... 1 or to such other matters respecting military or naval affaire. ;,s the president of the United States shall as- sign to the said department, or relative to the granting of lands to persons entitled thereto, for military ser- vices rendered to the United States, or relative to In- dian affairs: And furthermore, that the said principal secretary subject MffireI. s|,a|| conduct t|ie business of the said department to ine president'» . „ . rT . , e , insuructions m such manner as the President ot the Lniteu states shall, from time to time, order or inst'iict. Sec 2. And be it further enacted, That there shall be in the said department, an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the chief clerk of department of war, and who, whenever the said princi. the department jml officer shall be removed from office by the president of the United States, or in any other case of vacancy, HUdiuie* shall, during such vacancy, have the charge and custo- dy of all records, books, and papers, appertaining to the said department. oath of office of ^EC- ^' *^m' ^e ^ further enacted, That the said prin- the scretary oft ipal officer, and every other person to be appointed or clerk! ' employed in the said department, shall, before he enters on the execution of his office or employment, take an oath or affirmation well andfait/tfullyto execute the trust committed to him. secreiarytotake ^EC- 4- And be ^ farther enacted, That the secretary chargeo«papers.f ,r ihe department of war, to be appointed in conse- &c of the firm- „ .'. , «. ■ . er war depart-que rice of this act, shall, forthwith alter his appointment, be entitled to have the custody and charge of all records, books, and papers, in the office of secretary for the de- partment of war, heretofore established by the United Slates iu congress assembled. [Approved, August 7, 1789.] •So much of this act as vests in the secretary of war, the administra- tion of naval concerns, is repealed by an act of 30th of April, 1798, estab- lishing the navy department. 49 CHAPTER XI. An act to recognise and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein men- tioned * Sec. 1 Be it enacted by the Senate and House of Represen- tatives of the United States of America, in Congress assem- bled, That the establishment contained in the resolve of??1*™*^?1*? the late congress, of the third day of October, one thou- cognized, &c. sand seven hundred and eighty-seven,f except as to the mode of appointing the officers, and also as is hereinaf- ter provided, be, and the same is hereby recognized to be the establishment for the troops in the service of the United States. Sec. 2. And be it further enacted. That the pay and al-^^ ^ lowances of the said troops, be the same as have been recognized. established by the United States in Congress assem- bled, by their resolution of the twelfth of April, one thousand seven hundred and eighty-five4 Sec 3. And be itfurther enacted, That all commission- office™ "I^p"' ed and non-commissioned officers, and privates, who are, oaths- or shall be, in the service of the United States, shall take the following oaths or affirmations, to wit: «*/, A. B. do solemnly swear or affirm (as the case may be) thut I will support the constitution of the United States." "/, A. B. do solemnly swear or affirm (as the case may be) f°"mof u* to* bear true allegiance to the United States of America,0*1 and to serve them honestly and faithfully, against all their enemies or opposers whatsoever, and to observe and obey the orders of the president of the United States of Ame- rica, and the orders of the officers appointed over ?ne." Sec. 4. And be itfurther enacted, That the said troops Troops »o be shall be governed by the rules and articles of war, which fawuhed rules' have been established bythe United States in Congress™*££lesrf assembled,§ or by such rules and articles of war as may hereafter by law be established. Sec 5. And be itfurther enacted, That, for the purpose President may ofpiotecting the inhabitants of the frontiers of the Uni-^pVttet™g!uns ted States from the hostile incursions of the Indians, theIDdi'UM, &e* president is hereby authorized to call into service, from time to time, su h part of the militia of the states, re- spectively, as he may judge necessary for the purpose aforesaid; and that their pay and subsistence, while in •Repealed by act of the 30th ot April, 1790—see chap. 12, sec. 14 fSee chapter 9. iSce chapter 7. $See chapter 2, with supplements 3,4, 6, & 8. 7 50 ray. fkc.of miii-service, be the same as the pay and subsistence of the tia'in serrice. troops abovementioned. Limitation of Sec 6. And be it further enacted. That this act shall ti'Kact continue, and be in force, until the end of the next ses- sion of congress, and no longer. [Approved, September 29, 1789.] CHAPTER XII. An act for regulating the Military Establishment of the United States* 1.216non-com- Sec 1. Be it enacted by the Senate and House of Re- cer^prWat'eT; presentatives of the United States of America in Congress &c. tor three assembled. That the commissioned officers hereinafter mentioned, and the number of one thousand two hun- dred and sixteen non-com missioned officers, privates, and musicians, shall bc raised for the service of the United States, for the period of three years, unless they should previously by law be disc barged. Heightandage. Sec 2. And be it further enacted, That the non-com- missioned officers and privates aforesaid, shall, at the time of their enlistments, respectively, be able bodied sfeeteinehei. men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of forty-six years. one regiment of Sec 3. And be it farther enacted, That the commis- b»ttaiion of ar- sioned officers hereinafter mentioned, and the said non- commissioned officers, privates, and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one battalion of artillery. The thTr^mentof reS,ment of infantry to be composed of one lieutenant- •n&ntry. colonel commandant, three majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon's mates, and twelve companies, each of which shall consist of one captain, one lieutenant, one ensign, four sergeants, four corporals, sixty-six privates, and composition of two musi°'ans. The battalion of artillery shall becom- *e battalion of posed of one major commandant, one adjutant, one quartermaster, one paymaster, one surgeon's mate, and four companies; each of which shall consist of one cap- tain, two lieutenants, four sergeants, four corporals, poTmmen'Ksixty si^ privates, and two musicians: Provided al- the line. ways, That the adjutants, quartermasters, and pay- •Repealedand supplied by act of 3d of March, 1795; which recognized and continued the then existing establishment—see chapter 24. 51 masters, shall be appointed from the line, of subalterns of the aforesaid corns, respectively. Sec. 4. An,d be it further enacted, That the President of the United States may, from time to time, appoint one or two inspectors, as to him shall seem meet, to in-inspectors: spect the said troops, who shall also muster the sane,theirduty.&c and each of whom shall receive the like pay and subsis- tence as a captain, and be allowed ten dollars per month for forage. Sec 5. And be itfurther enacted, That the troop* Pay of the aforesaid shall receive for their services the followingtro°Ps- enumerated monthly rates of pay: Lieutenant-colonel commandant, sixty dollars; major commandant of artil- lery, forty-five dollars; majors, forty dollars; captains, thirty dollars; lieutenants, twenty-two dollars; ensigns, eighteen dollars; surgeons, thirty dollars; surgeon's mates, twenty-four doilars; sergeants, five dollars; cor- porals, four dollars; privates, three dollars; senior mu- sicians in each battalion of infantry, and in the batta- lion of artillery, five dollars; musicians, three dollars: Provided ahvavs. That the suns hereinafter specified,Proviso;*■>.tode- ,.'„ . „ x. •- i ductiotn lor shall be deducted from the pay of the non-com nissioned clothing & hos- officers, privates, and musicians, stipulated as aforesaid,l>ltalstures" for the purposes of forming a fund for clothing ami Hos- pital stores: From the monthly pay of each sergeant and senior musician, there shall be deducted, for uni- form clothing, the sum of one dollar and forty cents, and the farther sum often cents for hospital stores; and from the monthly pay of each corporal, for uniform clothing, one dollar and fifteen cents, and the farther sum of ten cents for hospital stores; and from the monthly pay of each private and musician, for uniform clothing, the sum of ninety cents, and the further sum often cents for hospital stores. Sfc 6. And be it further enacted, That the subal- Additionalp*vof . | j i- f f I ii subiln rnsae'ing terns who may bc appointed to act as adjutants, siiaiiasadjluantS) &c. each receive for the same, in addition to their regimen- tal nay. ten dollars per month; and quarter and pay- masters, so appointed, each five dollars per month. Sec 7. And be it farther enacted, That the coinmis-itattowi^f^cnm- sioned officers aforesaid shall receive, for their daily ™™nc subsistence, the following number of rations of provi- sions, to wit: Lieutenant-colonel-com tandant, six; a major, four; a captain, three; a lieutenant, two; an en- sign, two; a surgeon, three; a surgeon's mate, two; or money in lieu thereof, at the option of the said officers, Money f* ™- at the contract price at the posts, respectively, where the rations shall become due. 53 Money instead of Sec 8. And be it farther enacted, That the commi*- forage. ginned officers hereinafter described, shall receive. monthly, the following enumerated sums, instead of forage: Lieutenant-colonels-commandant, twelve dol- lars; major commandant of artillery, majors, and sur- geon, each ten dollars; surgeon's mates, each, six dollars. cmformdoth- Sec 9. And be itfurther enacted, That every non- mfs,ion«roffi'm"commissioned officer, private, and musician, aforesaid, rers, privates, gj)a]j ,.erejve annnally, the following articles of uniform clothing: One hat, or helmet, one coat, one vest, two pair of woollen and linen overalls, four pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, and one pair of buckles. Rations for non- Sec 10. And be it farther enacted, That every non- IcS^pSs^'conimi^sitined officer, private and musician, aforesaid, &c- shall receive, daily, the following rations of provisions, orthevaiue or the value thereof: One pound of beef, or three quar- ters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy or whiskey, or the value thereof, at the contract price where the same shall become due, and at the rate of one quart of salt, two quarts of vine- gar, two pounds of soap, and one pound of candles, to every hundred rations. Pensions to im* Sec 11. And be it further enacted, That if any com- missioned officer, non-commissioned officer, private, or musician, aforesaid, shall be wounded or disabled, while in the line of his duty in public service, he shall be , placed on the list of the invalids of the United States, at such rate of pay, and under such regulations as shall be directed by the president of the United States, for the rrovi«>;as to». time being: Provided always, That the rate of compen- moomo pen" sation for such wounds or disabilities, shall never ex- ceed, for the highest disability, half the monthly pay received by any commissioned officer, at the time of being so wounded or disabled; and that the rate of com- pensation to non-commissioned officers, privates and musicians, shall never exceed five dollars per month: t^ordLabiiwes'.*'3"^ provided also, That all inferior disabilities shall en- title 1he peihon so disabled, to receive only a sum in proportion to the highest disability. officer,,pri- Sec 12. And be it further enacted, That every com- vates, Ikctotake l m u ■ n. • ■ anoath. missioned omcer. non-commissioned officer, private and musician, aforesaid, shall take and subscribe the fol- lowing oath or affirmation, to wit: •*/, A B. do solemnly Form of *heoath swear or affirm, (as the case may be) to bear true al- legiance to the United States of America, and to serve 53 Ihem honestht and faithfully, against all their enemies or opposers, whomsoever, and to observe and obey the orders of the president of the United States of America, and the orders of the officers appointed over me, according to the articles of war." Sec 13. And be it farther enacted. That the commis. Troops to be go* sioned officers, non-commissioned officers, privates and ^["fa^a'^ musicians, aforesaid, shall be governed by the rules andclesof war» &e« articles of war, which have been established by the United States in Congress assembled, as far as the same may be applicable to the constitution of the United States,f or by such rules and articles as may hereafter by law be established. Sec 14. And be it farther enacted, That the "act:}: for Act of the *** recognizing, and adapting to the constitution of the pealed!789' c'" United States, the establishment of the troops raised under the resolves of the United States in congress as- sembled, and for other purposes therein mentioned," passed the twenty-ninth day of September, one thou- sand seven hundred and eighty-nine, be, and the same is, hereby repealed: Provided always, That the non- Non-commission. commissioned officers and privates, continued and en-priVa^g"^*Iin> gaged under the aforesaid act of the twenty-ninth day "1,£vt oVttfJpT"uTu> service of the United States at any one time, either bye%Ci^1-216- virtue of this act, or by virtue of the aforesaid act, passed the 29th day of September, one thousand seven hundred and eighty-nine, shall not exceed the number of one thousand two hundred and sixteen. Sec 15. And be it farther enacted. That for the pur- President mny pose of aiding the troops now in service, or to he raised aid ortiie rnn- by this act, in protecting the inhabitants of the fron-laruooi,s»&c- tiers of the United States, the president is hereby authorized to call into service, from time to time, such part of the militia of the states, respectively, as he may judge necessary for the purpose aforesaid; and that their pay and subsistence, while in service, be the same as the pay and subsistence of the troops above- mentioned, and they shall be subject to the rules and articles of war. [Approved, April 30, 1790.] fSee chapter 2, with its supplements. |See chapter 11 - 54 CHAPTER X1T1. An act for raising and adding another regiment to the military establish- ment of the United States, and for making farther provision for the protection of the frontiers-* An additional re- Sec 1. Be it enacted by the Senate and House of Re- giment of 912 presentatives 0f the United States of America in Congress assembled. That there shall be raised an additional regi- ment of infantry, which, exclusive of the commissioned officers, shall consist of nine hundred and twelve non- commissioned officers, privates, and musicians. organization of Sec 2. And be it further enacted, That the said regi- the regiment. ment sl|aji be (),.saniZPd in the same manner as the re- giment of infantry described in the act, entitled "An act for regulating the military establishment of the United States."! ray, allowances, Sec 3. And be it faHher enacted, That the troops of^rricT&cTaforesaid, by this act to be raised, including the offi- cers, shall receive the same pay and allowances, be sub- ject to the same rules and regulations, and be engaged for the like term, and upon the same conditions, in all respects, excepting the bounty hereinafter mentioned, as arc stipulated for the troops of the United States, in the beforementioned act. Bonntyforen- Sec 4. And be it farther enacted, That each non- listmem. commissioned officer, private, and musician, who has enlisted, or shall enlist, pursuant to the act aforesaid, or who shall enlist pursuant to this act, shall be entitled to receive six dollars as a bounty. offlcerstobeap Sec 5. And be itfurther enacted, That in case the ^sidf-ncsdis^ president of the United States should deem the employ- wetion. ment of a major general, brigadier-general, a quarter- master, and chaplain, or either of them, essential to the public interest, that he be, and he hereby is, empowered, by and with the advice and consent of the senate, to appoint the same accordingly. And a major general so Aids-de-camp, appointed, may choose his aid-de-camp, and a briga- brigademajors, ^Jer general his brigade-major, from the captains, or Proviso-, as to subalterns, of the line: Provided always, That the ma- term of pay of ior.o-eneral, and brigadier-general, so to be appointed, major and bnga- J n . o . " . . ' ■ dier-generais. shall, respectively, continue in pay during such term only, as the president of the United States, in his discre- tion, shall deem it requisite for the public service. Pay and allow- Sec 6. And be it farther enacted, That in case a ma- jor general, brigadier general, quartermaster, aid-dc- * Repealed and supplied by act of 3d March, 1795—see chapter 24. f See chapter 12, section 3- ances: 55 camp, brigade-major, and chaplain, should be appointed, their pay and allowances shall be. respectively, as here- in mentioned: The major-general shall be entitled totomajor-gene- one hundred and twenty five dollars, monthly pay," twenty dollars allowance for forage, monthly, and for i (.„,■ daily subsistence fifteen rations, or money in lieu there- of, at the contract price. The brigadier-general shall tobrigadier-ge- he entitled to ninety four dollars, monthly pay, with™"' sixteen dollars allowance for forage, monthly, and for daily subsistence twelve rations, or money in lieu there- of, *at# the contract price. That the quartermaster to quartermas shall be entitled to the same pay, rations, and forage,ttr: as the lieutenant-colonel commandant of a regiment. That the aid-de-camp be entitled, including all allow-toaidjde-camp: ances, to the same pay, rations, and forage, as a major of a regiment. That the brigade major be entitled, in-10 brigade major: eluding all allowances, to the same pay, rations, andt0^p1*"'- forage, as a major of a regiment. That the chaplain be entitled to fifty dollars per month, including pay, ra- tions, and forage. Sec 7. And be itfurther enacted, That if, in the President may opinion of the president, it shall be conducive to the^0r>y^,a good of the service, to engage a body of militia to serve as cavalry, they furnishing their own horses, arms, and provisions, it shall be lawful for him to offer such al- lowances, to encourage their engaging in the service, for such time, and on such terms, as he shall deem it expedient to prescribe. Sec 8. And be it farther enacted. That if the presi-President may dent should be of opinion that it will be conducive to the add&^oV^n"1 public service, to employ troops enlisted under the de- ^0famt«ma' nomination of levies, in addition to, or in place of, the n<* exceeding ... - « . / i • i • i S1X months. militia which, in virtue of the powers vested in him by law, he is authorized to call into the service of the United States, it shall be lawful for him to raise, for a term not exceeding six monhts, (to be discharged sooner, if the public service will permit,) a corps, not exceeding two thousand non-commissioned officers, privates, and musicians, with a suitable number of commissioned of- ficers. And in case it shall appear probable to the pre- in case the rep- sident, that the regiment directed to be raised by the Sofbl""in- aforesaid act, and by this act, will not be completed in {£'^"den?6' time to prosecute such military operations as exigencies n$ci^lybyh,ee. may require, it shall be lawful for the president to make vies andmiutia. a substitute for the deficiency, by raising such farther number of levies, or by calling into the service of the United States, such a body of militia as shall be equal thereto. 56 organization. Sec 9. And be it further enacted. That the president "i^ffiJerroiT-he, and he hereby is, empowered to organize the said "«• levies, and alone to appoint the commissioned officers thereof, in the manner he may judge proper. Miiitiaand le- Sec 10. And be it farther enacted. That the com- thTnli^audar-missioned and non-commissioned officers, privates* and **k>of*&,*>.*. musicians, of the militia, or said corps of levies, shall, during the time of their service, be subject to the rules and articles of war; and they shall be entitled to the same pay, rations, and forage, and, in case of wounds or disability in the line of their duty, to the same com- pensation as the troops of the United States. Levies entitled to Sec 11. And be it farther enacted, That the non- ^mhy'of1 commissioned officers, privates, and musicians, of the dutiung, &c. gaj(j C0,.pS 0f ]evies, shall be entitled to receive such proportional quantity of clothing, as their time of ser- vice shall bear to the annual allowance of clothing to the troops of the United States, subject, however, to a pro- portional deduction from their pay. 3*>iis. bounty« Sec 12. And be it further enacted, That each of the via. "* t- non-commissioned officers, privates, and musicians, of the said levies, shall be entitled to receive three dollars as a bounty. President may Sec 13. And be it farther enacted, That in case the rwSFj>umbe» of nature of the service, upon which the troops of the jU1^uu'4 maies' United States may be employed, should require a greater number of surgeon's mates than are provided for in the beforementioned act, the president of the United States may engage, from time to time, such ad. ditional number of surgeon's mates as he shall judge necessary. jwdi!!ra,evw" ^EC" 14, And be it farther enacted, That the commis- reauit. sioned officers, who shall be employed to recruit men for the said regiments, shall be entitled to receive, for every recruit who shall be duly enlisted and mustered, the sum of two dollars. Appropriation ^ec 15. And be it farther enacted, That for defray- lTi^m"edSby inS the expense, for one year, of the additional regiment tfcisacu to be raised by virtue of this act; for defraying the ex- pense, for a like term, of the officers mentioned in the seventh section of this act; for defraying the expense of the said militia horse, militia foot, and levies, which may be called into, or engaged for, the service of the United States, pursuant to this act; for defraying the expense of such surgeon's mates as may be appointed pursuant to the fifteenth section of this act; fur defray- ing the expense of recruiting the said two regiments^ 57 and for defraying the expense of any military posts which the president shall judge expedient and proper to establish; there be, and hereby is, appropriated, a sum, not exceeding three hundred and twelve thousand six Not exceed^? hundred and eighty-six dollars and twenty cents, to be cen«! paid out of the moneys which, prior to the first day of January next, shall arise from the duties imposed upon Fund. spirits distilled within the United States, and from stills, by the act, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same;" toge- ther with the excess of duties which may arise from the duties imposed by the said act on imported spirits, be- yond those which would have arisen by the act, entitled "An act making further provision for the payment of the debts of the United States." And to the end that the public service may not be im- peded for want of necessary means: Sec 16. Be it farther enacted, That it shall be law-President may ful for the president to take on loan, the whole sum by appVoprtiafed,,Iat this act appropriated, or so much thereof as he uiay judge ^."^^er requisite, at an interest not exceeding six per centumcent- per annum; and the fund established for the abovemen- tioned appropriation, is hereby pledged for the repay- Pi^geof fund: ment of the principal and interest of any loan to be ob- tained in manner aforesaid; and in case of any defi- ciency in the said fund, the faith of the United States is And of public hereby also pledged to make good such deficiency. [Approved, March 3, 1791.] CHAPTER XIV. \n act for making farther and more effectual provision for the protectioo. of the frontiers of the United States." Sec I. Be it enacted by the Senate and House of Re- ivbattalion of presentatives of the United States of America in Congress^Vr'^nuM^ o( assembled, That the battalion of artillery now in ser- Vompieted?''L vice, he completed according to the establishment, and that the two regiments of infantry now in service, be completed to fhe number of nine hundred and sixty non- commissioned officers, privates, and musicians, each. •Repealed and supplied by act of 3d March, 1795—see chap- 24. 8 58 Sec 2. And be it farther enacted. That there shall be stobe rai.Sed, for a term not exceeding three years, three ad- f riree additional regiments to be raised, for three i • . "i • i vears. he. ditional regiments, each of which, exclusively or the ofsW&r11515 commissioned officers, shall consist of nine hundred and non commissioned officers, privates, and nized as men tiuned. lighi dragoons, Dragoon, to si r\ e dismount ed sixty non commissioned officers, privates, and musi- qneto beorga- cians; and that one of the said regiments be organized in the following manner, that is to say: two battalions of infantry, each of which, exclusively of the commis- sioned officers, shall consist of three hundred and twenty fton-commissioned officers, privates, and musicians; and a squadron of ■ onesquadron of light dragoons, which, exclusively of the commissioned officers, shall consist of three hun- dred and twenty non-commissioned officers, privates, and musicians; and that it shall bc a condition in the en- listment of the said dragoons, to serve as dismounted dragoons, whenever they shall be ordered thereto: That organization of the organization of the said squadron of light dragoons %htdragoons?f shall De as follows, to wit: one major, one adjutant, one quartermaster, one surgeon's mate, and four troops, each c which shall consist of one captain, one lieu- tei"' one cornet, four sergeants, four corporals, one farrier, one saddler, one trumpeter, and sixty-nine dra- goons; and the president may arm the said troops, as he shall think proper. Sec 3. Provided always, and be it farther enacted. That it shall be lawful for the president of the United judge expedient, States to organize the said five regiments of infantry, and the said corps of horse and artillery, as he shall judge expedient, diminishing the number of corps, or taking from one corps and adding to another, as shall appear to him proper, so that the whole number of officers and men Threeregimertsshall not exceed the limits above prescribed: Provided, on^Iihhol ',,at t,,e sa[d t,iree i't\e;iment.s shall be discharged as Indians. si on as the United States shall be at peace with the In- dian tribes. Term of enlist- Sec. 4. And be it farther enacted, That the non-com- ^h^n^missioned officers, privates, and musicians, of the said discharged. three regiments, shall be enlisted for the term of three years, unless previously discharged. s doiis. bounty. Sec5. And be it farther enacted, That everv recruit who shall be enlisted by virtue of this act, shall receive Thesamebornuv eight dollars bounty, and that the same shall be made eniitdalrtaib up to the non-commissioned officers, privates, and mu- sicians, now in service, who have enlisted for three years, since the passing of the act. entitled « A,n act for regulating **hc military establishment of the United States."* *See chapter 12. President may arm dragoons. &e. President may nrganize the troop as he may 5$ Sec. 6. And be it farther enacted, That the commis- Allowance to re- sumed officers who shall be employed to recruit for the Stu,g"ffice,'s' establishment, shall be entitled to receive for every re- cruit, duly enlisted and mustered, two dollars. Sec 7- And be itfurther enacted, That the monthly Monthly pay of pay of the commissioned officers, non-commissioned of- privates?" a" fiecrs, privates, and musicians, on the military estab- lishment of the United States, and of the three regi- ments authorized by this act, shall be, in future, as fol- lows, free of all deductions, to wit: General Staff: a major-general, one hundred and sixty six dollars. A brigadier general, one hundred and four dollars. Quar- termaster, one hundred dollars. Adjutant, to do also the duty of inspector, seventy-five dollars. Chaplain, fifty dollars. Surgeon, seventy dollars. Deputy quar- termaster, fifty dollars. Aid-de-camp, in addition to his pay in the line, twenty-four dollars. Brigade- major, to act also as deputy-inspector, in addition to his pay in the line, twenty-four dollars Principal artifi- cer, forty dollars. Second artificer, twenty-six dollars. Regimental: Lieutenant-colonel commandant, seventy- five dollars. Major-commandant of artillery, and ma- jor of dragoon •>, fifty-five dollars. Paymaster, in ad- dition to his pay in the line, ten dollars. Quartermas- ter, in addition to his pay in the line, eight dollars. Adjutant, in addition to his pay in the line, ten dollars. Majors of infantry, fifty dollars. . Captains, forty dol- lars. Lieutenants, twenty-six dollars. Ensigns and cornets, twenty dollars. Surgeons, forty-five dollars. Mates, thirty dollars. Sergeant-majors and quarter- master sergeants, seven dollars. Senior musicians, six dollars. Sergeants, six dollars. Corporals, five dol- lars. Privates, three dollars. Musicians, four dol- dollars. Artificers allowed to the infantry, light dra- goons, and artillen, and included as privates, eight dollars. Matrons and nurses in the hospital, eight dollars. Sec 8. And be it farther enacted, That the rations, Rations for offi. or money in lieu thereof, for the commissioned, non '£",*&[,pri" commissioned officers, privates, and musicians, of the additional troops herein mentioned, shall be the same as described in the aforesaid act, entitled, "An act for regulating the military establishment of the United States,"* and in the act passed in the third session of the first congress, entitled "An act for raising and ad- ding another regiment to the military establishment of •See chapter 12. 6o Forage to addi- tional regiments. Clothing for the infantry as by iaw established. Clothing to be provided for the cavalry, &c Oaths, regula- tions, and coin pensations, ac- cording to the act mentioned. President may forbear to raise, See. any part, or the whole, of the three regiments. President may, from time to time, call caval- ry into service, Slc. Pay of cavalry; finding horses, &c. pay in lieu of rations, &c President alone to appoint com- missioned offi- cers; number, rank, pay, &c the United States, and for making farther provision for the protection of the frontiers."* Sec 9. And be it further enacted, That the forage, to be allowed to the officers of the additional regiments authorized by this act, be the same as described by the acts before mentioned. Sec 10. And be itfurther enacted, That the allow- ance of clothing, for non commissioned officers and pri- vates of the infantry of the said three regiments, shall be the same as is by law established: that suitable clothing be provided for the cavalry, and adapted to the nature of the service, and conformed, as near as may be, to the value of the clothing allowed to the infantry and artillery. Sec 11. And be it farther enacted. That all the com- missioned and non-coutmissioned officers, privates, and musicians, of the said three regiments, shall take the same oaths, shall he governed by the same rules and regulations, and, in cases of disabilities, shall receive the same compensations as'are described in the before- mentioned act, entitled "An act for regulating the mili- tary establishment of the United States."! Sec 12. And be it farther enacted, That it shall he lawful for the president of the United States to forbear to raise, or to discharge after they shall be raised, the whole, or any part, of the said three additional regi- ments, in case events shall, in his judgment, render his so doing consistent with the public safety. Sec 13. And be it further enacted, That the presi- dent be, and he hereby is, authorized, from time to time, to call into service, and for such periods as he may deem requisite, such number of cavalry as, in his judg- ment, may be necessary for the protection of the fron- tiers: Provided, That the non-commissioned officers shall not be allowed more than one dollar per day, nor the privates more than seventy-five cents per day, each person finding his horse, arms, and accoutrements, and at his own risk, and twenty-five cents per day in lieu of rations and forage: Provided he furnish himself there- with. Sec 14. And be itfurther enacted, That the president alone be, and he hereby is, authorized to appoint, for the cavalry so to be engaged, the proper commissioned officers, who shall not exceed, in number and rank, the proportions assigned to the said three regiments, and whose pay and other allowances shall not, exclusively *See chapter 13. fSee chapter 12. 61 of fifty cents per day for the use and risk of their horses, exceed those of officers of corresponding rank, in the said regiments. Sec 15. And be itfurther enacted, That the presi-President may dent of the United States be authorized, in case he shall &cl>oy deem the measure expedient, to employ such number of the Indians, and for such compensations, as he may Proviso; com. think proper: Provided, The said compensations do not,^9at1i°"st"eIxn" in the whole, exceed twenty thousand dollars. ceed 20,000doiis [Approved, March 5, 1792.] CHAPTER XV. An act supplemental to the act for making farther and more effectual provision for the protection of the frontiers of the United States-* Sec 1. Be it enacted by the Senate and House of Re- The president presentatives of the United States of America in Congress Cr brigadier ge- assembled, That it shall be lawful for the president ofnerals- the United States, by and with the advice and consent of the senate, to appoint such number of brigadier-ge- nerals as may be conducive to the good of the public service. Provided the whole number appointed, or to be appointed, shall not exceed four. [Approved, March 28, 1792.] CHAPTER XVI. An act making alterations in the Treasury and War Departments. [extract.] Sec 3. And be itfurther enacted, That there be a a paymaster to paymaster, to reside near the head quarters of the troops qtarterTrhead* of the United States. That it shall be the duty of the His duties; bond; said paymaster to receive, from the treasurer, all the°ath,&c* moneys which shall be entrusted to him for the purpose of paying the pay, the arrears of pay, subsistence, or for- age, due to the troops of the United States. That he shall receive the pay abstracts of the paymasters of the several regiments or corps, and compare the same with the returns or muster rolls which shall accompany the said pay abstracts. That be shall certify, accurately, to the commanding officer, the sums due to the respec- *The act of 3d March, 1795, chap 24, recognized and continued the then existing establishment, without enumerating officers. The provi- sions of this act appear therefore to have been in force till superseded by act of 30th May, 1796, chap. 26. 62 five corps, which shall have been examined as aforesaid, who shall thereon issue his warrant on the said deputy paymaster, for the payment accordingly. That copies of all reports to the commanding officer, and the war- rants thereon, shall be duly transmitted to the office of the accountant of the war department, in order to be there examined, and finally adjusted at the treasury. That the said paymaster shall give bond in the sum of twenty thousand dollars, with two sufficient sureties, for the faithful discharge of his duty, and he shall take an oath faithfully to execute the duties of his office. That the compensation to the said paymaster shall be sixty dollars monthly, with the same rations and forage as a major.* ra^v'aM °£c Sec 4. And be it farther enacted, That no assign- ment of pay, made after the first day of June next, by a non-commissioned officer or private, shall be valid. 8Cu°pIptiying the Sec 5. And be it farther enacted, That all purchases •nny, &c. and contracts, for supplying the army with provisions, clothing, supplies in the quartermaster's department, military stores, Indian goods, and all other supplies, or articles for the use of the department of war, be made by, or under, the direction of the treasury department.! [Approved, May 8, 1792.] CHAPTER XVII. An act making an alteration in the flag of the United States.^ MaT ml*tte ^ec l' Beit ^n^cUdby the Senate and House of Re- flag of (he vmt-presentatives of the United States of America in Congress sist of?5 strip"assembled, That from and after the first day of May, &c'1Sstars' annodomini one thousand seven hundred and ninety- five, the flag of the United States be fifteen stripes, al- ternate red and white. That the Union be fifteen stars, white in a blue field. [Approved, January 13, 1794.] CHAPTER XVIII. An act to provide for the defence of certain ports and harbors in the United States. The harbors Sec 1. Be it enacted by the Senate and House of Re- mentionedtobe presentatives of the United States of America in Congress •See chap. 41, sec. 15, and chap. 43, sec. 1; also act of 16th March 1802, chap. 46,sec 3. fModifiedby act of 16th July, 1798_See chap. 37. | Altered and established by act of April 4,1818—See chapter 108. 63 assembled, That the following ports and harbors be for-fortified under tified, under the direction of the president of the United Z JSnV' States, and at such time or times as he may judge ne-&c- cessary, to wit: Portland, in the district of Maine; Portsmouth, in the state of New-Hampshire,* Glouces- ter, Salem, Marblehead, and Boston, in the state of Massachusetts; Newport, in the state of Rhode Island; New-London, in the state of Connecticut; New York; Philadelphia; Wilmington, in the state of Delaware; Baltimore, in the state of Maryland; Norfolk and Alex- andria, in the state of Virginia; Cape Fear river, and Ocracock Inlet, in the state of North Carolina; Charles- ton and Georgetown, in the state of South Carolina; and Savannah, and Saint Mary's, in the*state of Georgia. Sec 2. And be itfurther enacted, That it shall be The preskimt lawful for the president of the United States to employ, SE^Sr^1* as garrisons, in the said fortifications, or any of them, ^^4^ " such of the troops on the military establishment of the United States as he may judge necessary; and to cause cause cannon, to be provided one hundred cannon, of a caliber, each, to [J^y^ carry a ball of thirty-two pounds weight, and one hun- dred other cannon, of a caliber, each, to carry a ball of twenty four pounds weight, together with the carriages and implements necessary for the same, and carriages with the necessary implements for one hundred and fifty other cannon, with two hundred and fifty tons of cannon shot. , Sec 3. And be itfurther enacted, That it shall be The president to lawful for the president of the United States to receive ™ntZ7>T from any state (in behalf of the United States) a cessioncha* ,anJ'*&c< of the lands on which any of the fortifications aforesaid, with the necessary buildings, may be erected, or in- tended to be erected; or, where such cessions shall not he made, to purchase such lands, on behalf of the United States: Provided, That no purchase shall be made where such lands are the property of a state.* [Approved, March 20, 1794.] CHAPTER XIX. An act to provide for the erecting and repairing of arsenals and maga. gazines, and for other purposes-! Sec 1. Be it enacted by the Senate and House of Re-three or km presentatives of the United States of America in CongresssrxmU,v/llb *See the constitution, article 1, section 8, clause 16. fSee chapter 32, making further provisions for procuring arms. &c also chapter 44, and 56. 64 tn*&iz\i\n,to be assembled, That, for the safe keeping of thc military d«A*dtect"on stores, there shall be established, under the direction of ofthe president, j.j,e president of the United States, three or four arsenals, with magazines, as he shall judge most expedient, in such places as will best accommodate the different parts of the United States. Either, or both, of the arsenals heretofore used at Springfield and Carlisle, to be con- tinued as part of the said number, at his discretion: Proviso; arsenals Provided, That none ofthe said arsenals be erected, not to be erected ... , «, ., , . » ,, until the land is until purchases ot the land, necessary tor their accom- purchased. &c. nidation, be made, with the consent of the legislature ofthe state in which the same is intended to be erected. a national ar- Sec 2. And be it farther enacted, That there shall be ui'e^rsetn^is!1&c.estaD''s^ei'» at eacn °ftne aforesaid arsenals, a national armory, in which shall be employed one superinten- dent, and one master armorer, (who shall be appointed by the president of the United States,) and as many workmen as the secretary for the department of war shall, from time to time, deem necessary, so that the whole number, at all the armories, shall not exceed one compensation to hundred. And the said superintendents shall, each, re- andema^erdM-u ceive, as a compensation, Seventy dollars per month, morers,&c. an(j ^e sajj master armorer, each, fifty dollars per month.* An officer to su- Sec 3. And be it farther enacted, That there shall be e^TngVeor employed an officer, whose duty it shall be, (under the military stores, clir*ertion of the department of warO to superintend the receiving, safe keeping, and distribution, ofthe military stores of the United States, and to call to account all persons to whom the same may be intrusted; he shall Hiscompensa- receive, for his compensation, at the rate of one hundred .pp/med'by'lhean(' twenty-five dollars per month, and shall heap- president, pointed by the president of the United States. Not exceeding Sec 4. And be it farther enacted, That a sum not ex- SSrtaSrift?" ceeding fifty-nine thousand dollars, be appropriated for patriotaar?eZis, t])c erecting and repairing of the arsenals and maga- &^?m,on,0Le?' zincs aforesaid; and a sum, not exceeding: twentv-two doiis. for armo thousand eight hundred and sixty-five dollars, for de- nes, &c fraying the expense of the national armories, for one 340ooo doii,. to veai" and the further sum of three hundred and forty ^apphcd^uii- thousand dollars, to be applied, under thc direction of dem'sdirection, the president of the United States, in the purchase of $£■£&£■* a,,ns» ammunition, and military stores; which said se- veral sums shall be paid out ofthe duties on imports and tonnage, to the end of the present year. •See act of 7th of May, 1800, chap. 44, sec 1. 65 Sec 5. And be it further enacted, That an annual ac-A"nua,acc0Uilt j*. iPxi /•, • i • >i.. of expenses of count of the expenses ol the national armories be laid armories, &c. to before the legislature of the United States, together %££?m with an account of the arms made and repaired therein. [Approved, April 2, 1794.] CHAPTER XX. An act for raising and organizing a Corps of Artillerists and Engineers* Sec 1. Be it enacted by the Senate and House of Re- 764 non-eommt* presentatives of the United States of America in Congress priw^f&cTto assembled, That the number of seven hundred and six-^/j^/0^ ty-four non-commissioned officers, privates, and artifi- commissioned . . . . i 11 ■ officers to be ap- cers, to serve as privates, and musicians, shall be en-pointed, &c gaged for the term of three years, by voluntary enlist- ments; and that the proper proportion of commissioned officers shall be appointed to command the same. Sec 2. And be it further enacted, That the aforesaid To 5*'"fT3" •/ , , . rated with the commissioned and non-commissioned officers, privates, corps..faniiie. artificers, and musicians, shall he incorporated with theiy' corps of artillery now in the service ofthe United States, _ ,. . 1 J ,..,,. . Entire number and denominated the corps of artillerists and engineers; of the corps of and that the entire number of the said corps, exclusively mg\n«rsS»he of the commissioned officers, shall be nine hundred and &c.,<;xeluavely, ninety-two. Sec 3. And be it farther enacted, That the j'gani- organization of zation of the said corps be as herein mentioned, to wit: n^nXd.1" one lieutenant-colonel commandant, one adjutant, one surgeon; four battalions, each to consist of one major, one adjutant and paymaster, and one surgeon's mate; and four companies, each to consist of one captain, two lieutenants, two cadets, with the pay, clothing, and ra- tions of a sergeant, four sergeants, four corporals, for- ty-two privates, sappers, and miners, and ten artificers to serve as privates, and two musicians. Sec 4. And be it farther enacted, That the additional officers and pri. commissioned officers, non-commissioned officers, pri- theewme"p^y7 vates, artificers, and musicians, by this act directed to &c-as°th£r • 1,1, . in tronp»,tii he go. be raised, snail receive the same pay and allowances, inv rnedbythe all respects, as the troops already in the service of the5 United States; and they shall also be governed by the same rules and articles of war, which have been, or may be, by law established. * Continued by acts of 3d March, 1795, chap 24, and 30th May, 1796, chap 26. An additional regiment provided by act of 27th April, 1798, chap. 30 Repealed and supplied by act of 16th March, 1802, chap. 46, sections 1, 2,26,27, 28 and 29. 9 tfb tewm 6i Sec 5. And be it farther enacted, That it shall he th« warr0provide i ty 0f t(ie Secretary of war to provide, at the pubMc K^8' expense, under suchV^ulations as sha'l he directed by the president of the United States, the necessary books instruments, and apparatus, for the use and benefit of the said corps. The president ,o Sec 6. And be it farther enacted. That the president cause portions of 0f t|ie United States shall cau-esuch proportions or trie ^"aThemay «aid corps to serve in the field, on the frontiers, or in m consistent. ' . ..a.__l.« -.l.nll damn pnn. serv deem consistent, ^ fm,t ifi),ations on ti.,e SPa coast, as he shall deem con- sistewt with the public service. [Approved, May 9, 1794.] CHAPTER XXI. An act supplementary to "An act to provide for the defence of certain ports and harbors in the United States." Sec 1. Be it enacted by the Senate and House of Re- i^r^nvresentatixesof the United States of America in Congress poi.s, to be forti- assembled. That The port and harbor of the city ot An- **'*"' napolis be fortified, in such manner, and at such time or limes, as the president of the United States may di- rect; and that it shall he lawful for the president of the prudent United States to employ a garrison in the said fortifi- The SrrC.pL?*n. cation, provide cannon and equipments, and receive, napo'iu! fcc re. f,.„m tlu- state of Maryland, a cession of the lands ore ftu^&cT5S,on° wbi< h the said fortification, and its necessary build- ings, may be erected, agreeably to thc second and third sections of the act to which this is a supplement * [Approved, May 9, 1794.] CHAPTER XXII. An act in addition to the "act for making further and more effectual pro- vision for the protection of the frontiers ■ f the United States."f Sec 1. Be it enacted hy the Senate and House of Re- ™!X?th M irch, IMJi—See chap 46, sections 13 & 15 The 3d was continued with some modification by acts «f 3d March, 1795, and 30tfc May. 1796, chap. 21, set '», and chap 2*. sec. 11, but formally repealed1 by act of 3d March, 1797—see chap. 27, sec. I. 67 ofthe United States, die, hy reason of wounds received ftc service fto& in aeti al service ofthe Unfted States, and shall leave aw>un'u'&Cr widow, or if no widow, shall leave a child or children, under age, such widow, or if no widow, such child or children, shall be entitled to, and receive, the half of the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years: And in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay, for the remainder of the term, shall go to the child or children of siu h deceased officer, while under the age of sixteen years, and, in like manner, the allowance to the child or children of such dect-ased, where there is no widow, shall be paid no longer than while there is a Proviso; no child or children under the acre aforesaid. Provided That feater'""°w; *' anct'« in any no greater sua}sha]l be allowed, in any case, to the wi- {*s£'*han the dow or to the child or children, of any officer, than the to&o^r half pay of a lieutenant colonel. Sec. 2. And be it further enacted, That the army be A-rear,ofthe in future paid in such manner tha. the arrears shall at«*&IX" no time exceed two months. Sec. 3. And be it fart J, a- enacted, That to such of the The i**"** j , , ■ may augment the troops as are, or may be, employed on the frontiers,rationsu» troops and under such special circumstances as, in the opinion ui'd^.^Sf""' ofthe president of the United States, may require an ™stanceV augmentaiion of some parts id* their rations, the presi- dent be authorized to direct such augmentation as he may judge necessary, not exceeding four ounces of beef, two ounces of flour, and In.if a gill of rum, or whiskey, }\\ addition to each ration, and half a pint of salt to one hundred rations. [Approved, June 7, 1794.] CHAPTER XXIII. An act to establish the office of Purveyor of Public Supplies.* Sec. 1. Be it enacted by the Senate and House of Re- a purveyor a presentatives of the United Stages of America in Congress ;n' I"1';,"' i'1,'"-''" assembled, That there shall be, in the department of the™. ^lklr* treasury, an Hirer, to be denominated »"l'uiveyor oi" Public aup;:iu-.s." whose dutv snail be, under tin direc- tion and supervision of the secretary ot the treasuiy.ftp * The office of Purveyor abolished by act of March 28th, 1812—See chap. til, se^.. 9 +Altered by act of ICth July. 1796—See chap. 37, sec 3. 68 ms dnty, to con-conduct thc procuring and providing of all arms, mili- duct the proem-1 amj navaj stores, provisions, clothing, Indian "* goods, and generally, all articles of supply requisite for the service of the United States, and whose compensa- His salary, 2.000 tion shall be, a salary of two thousand dollars per am HislaKfr£ num. And all letters to and from the said officer shall of postage. be received and conveyed by post fr» e of postage. me purveyor Sec 2. And be it farther enacted, That the said ofli- ^ invade cer shall not, directly or indirectly, be concerned, or in- 0&re.rr^reehaSeterested, in carrying on the. business of trade or com- pubiklands,&c.mei.rP> 01. be owner, in w'hole or in part, ot any sea \es- sel, or purchase, by himself or another in trust for him, public lands, or any other public property, or be con- cerned in the purchase or disposal of any public securi- ties of any state, or of the United. States, or take, or ap- ply, to his own use, any emolument oi; ffain, for nego- tiating or transacting any business in the said depart- ment,' other than what shall be allowed by law; and if he shall offend against any of the prohibitions of this Forfeit of 3,000 art, he shall, upon conviction, forfeit, to the United SSVaffi: States, the penalty of three thousand dollars, and may &ain,fX''be imprisoned for a term not exceeding five years, and prohibitions of s],au be removed from office, and be forever thereafter thwacl' incapable of holding any office under the United States. The purveyor to Sec 3. And be it farther enacted, That the said oft. givtbond,&c. cep ghaj^ before hc enters on the duties of his office, give bond, with sufficient sureties, to be approved by the secretary of the treasury and comptroller, in the sum of twenty thousand dollars, payable to the United States, with condition for the faithful performance of Mledrnfthe^f-the duties of his said office; which bond shall be lodged ficerfthecomp-^ the ofiice of; the comptroller. [Approved, February 23, 1795.] CHAPTER XXIV. An act for continuing and regulating the Military Establishment of the United States, and for repealing sundry acts heretofore passed on that subject.* The present mi. Sec 1. Be it enacted by the Senate and House of Re- mem C£*hwii-Presentatives of the United States of America in Congress men, c'eon 'assemj)ie^ i'j,at tjie present military #establishment of the United States, composed of a corps of artillerists and engineers, to consist of nine hundred and ninety- •Repealed and supplied by act of 30th May, 1796—See chap. 26, 69 two non-commissioned officers, privates, and musicians, and of a legion to consist of four thousand eight hun- dred non commissioned officers, privates, and musi- cians, be, and the same is hereby, continued. Sec 2. And be it farther enacted, That the said corps ^^TroTS- of artillerists and engineers be completed, conformably gineers to be to the act of the eighth of May last, establishing the comple,ed'8lc- same, and prescribing the number and term of enlist- ments, and the method of organization * Sec 3. And be it further enacted, That the legion of ^^"^ the United States be also completed, to the number ofbecompieted,&c four thousand eight hundred non-commissioned officers, privates, and musicians, by voluntary enlistments, for the term of three years; and that the sub-legions com-The sub legions niv y of Sec 10. And he it farther cnac.ru. That thc monthly ofhc .s. i.oi.- pay ofthe officers, noncommissioned ofli. ers. musi- com.m^sioiied of- ' . * ficers miiMi-iaiw,cians, and privates, on the military establishment of the ih. miitar}8'^ 1'nited States, be as follows, to wit: General staff: a lueul'slates! »»aj<>i" general, one hundred and sixty-six dollars; a bri- gadier general, one hundred and four dollars; a quar- termaster general, one hundred dollars: adjutant gene- ral, to do also the duty of inspector, seventy five dol- lars; chaplain, fifty dollars; surgeon, seventy diil.us; deputy quartermaster, fifty dollars; aid-de camp, in ad- dition to his pay in the line, twenty-four dollars: brigade major, to act also as deputy inspector, in addition to his pay in the line, twenty-tour dollars; principal artificer, forty dollars; second artificer, twentv-six dollars. Re- gimental: lieutenant-colonel -commandant, severity five dollars; major of artillery, and major of dragoons, fifty-? Ti five dollars: major of infantry, fifty dollars; paymaster* adjutant, and quartermaster, in addition to their pay in the line, ten dollars; captains, forty dollars; lieutenants, twenty six dollars; ensierns and cornets, twenty dollars; surgeons, forty five dollars: surgeon's mates, thirty dol- lars: sergeant-majors, and, quartermaster-sergeants, eight dollars; senior musicians, seven dollars; sergeants, seven dollars; corporals, six dollars; musicians, five dol- lars; privates, four dollars; artificers allowed to the in- fantry, light dragoons, and artillery, nine dollars; ma- trons and nurses in the hospital, eight dollars. Sec 11. And be it farther enacted, That the com mis-^^j^ sioned officers aforesaid shall be entitled to receive, for**"- their daily subsistence, the following number of rations of provisions, to wit: A major-general, fifteen rations; a brigadier general, twelve rations; alieutenant-colonel- commandant, and quartermaster-general, each, six ra- tions; a major, four rations; hrigademajor, and aid-de- camp, four'rations; a captain, three rations; a licutc- tenant, ensign, or cornet, two rations; a surgeon, as well hospital as regimental, thr-e rations; a surgeon's mate, two rations; a deputy quartermaster, two rations; Money in lieu of a priu ipal. and second, artificer, each, two rations; aiatl0L chaplain, two rations; or money in lieu thereof, at the option of the said officers, at the contract price, at the posts, respectively, where Ihe rations shall become due. Sec 12. And be it further enacted. That the officers Monthly rate of v->r.^. *, . • . ■• i p I 11 allowance, m- hereinafter described shall, whenever forage shall not s!,adof for^e, be furnished by the public, receive at the rate of the^o,Si?M following enumerated sums, per month, instead thereof, to wit: The major-general, twenty dollars; the briga- dier-general, sixteen dollars; lieutenant colonel, twrlve dollars; quartermaster general, adjutant-general, and fturgeon general, each, twelve dollars; major, ten dol- lars; aid-decamp, brigade-major, and surgeon, each, ten dollars; captain of cavalry, eight (hilars; chaplain and surgeon's mate, each, six dollars; deputy-quarter- master,' and subalterns of cavalry, each, six dollars; principal artificer, paymaster, adjutant, and regimental quartermaster, each, six d -liars. Sec 13. And be it farther enacted, That if any offi- ^^ ^ cer, noncommissioned officer, private, or musician. t;cmmis«omd* of- abresaid. shall be wounded or disabled, while in the^;o;"^f'ol. line of his dutv, in public service, he shall be placed on?^^;^ the list ofthe invalids of the United States, at such rate i^ofimaUds. ofpav. and under such regulations, as shall be directed by tlie president ofthe United States for the time being: n proviso: rate of Provided always, That the rafe of compensation to bc rXmhstoned0 allowed for such wounds or disabilities, to a commis- SSWp^"" sioned officer, shall never exceed, for the highest disa- &°esmtttoPei bilitv, half the monthly pay of such officer, at the time ceednve dollars 0f his being so disabled or wounded; and that the rate of permonu.. compPnsatjon to non-commissioned officers, privates, and musicians, shall never exceed five dollars per rmviso; allow, month: And provided also, That all inferior disabilities dM«rielninrior shall entitle the person so disabled to receive an allow- proponion. anre proportionate to the highest disability. officer* and soi- Sec 14. And be it further enacted. That the officers, v^eAyX non-commissioned officers, privates, and musicians, ete'of'taT&c aforesaid, shall be governed by the rules and articles ""' 'of war, which have been established by the United States in congress assembled,* as far as the same may be applicable to the constitution of the United States, or by such rules and articles as may hereafter by law be es- tablished. officers and «.i- Sec. 15. And be it farther enacted, That every offi- suwiiaandnd cer» non-commissioned officer, private, and musician, oath. aforesaid, shall take and suhi-cribe the following oath or affirmation, to wit: "J, A B, do solemnly swear or qf- rormoftheoathffirm (as the case may be) to bear true allegiance to the United States of America, and to serve them, honestly and faithfully, against all their enemies or opposers whomso- ever, and to observe and obey the orders of the president of the United States, and the orders ofthe officers appoint- ed over me, according to the rides and articles of war." r\ . sdent to Sec* ] 6- ^1ld fte ^ farther enacted, That it shall be armSi^troopsas law ful for the president ofthe United States to arm the Jro™errhi"k troops aforesaid, whether riflemen, artillerists, dra- The rps.idcm goons, or infantry, as he shall think proper; and that it may wr™™ to be also lawful for him to forbear to raise, or to discharge thai^V8" after they shall be raised, any part thereof, in case troops, in case, events sliiil], in his judgment, render his so doing con- sistent with public safety, and general convenience and economy. person, procur. Sec lr. And be it farther enacted, That every per- deferu^c'w son who shall procure, or entice, a soldier in the service ,Xricriv[ngii f-ini-i retrospective so far as the fourth day ot March, in the year one thou-operation w the sand seven hundred and eighty-nine: Provided, That no4 person shall receive payment for any horse so killed, f™^.""^" until he make satisfactory proof to the secretary of war, pa>mem for any ... 1 1. 1 • 1 1 1 • . • norsr hilled, un- that the horse, for which he claims compensation, was tii he make satis- actually killed under such circumstances as to entitle £cclory p™0*"' him to this provision, in all cases which have heretofore taken place, within one year after the end ofthe present session of congress; and in all cases which may take •See chapter 12. fSee chapter 13. {See chapter 14. 10 74 place hereafter, within one year after such horse shall have been killed. Sec. 3. And he itfurther enacted, That the proof of &rfhe°raffidavit,'lie value, of such horse shall be, by the affidavit of the 0fcihe qua. er-quartermaster of the corps to which the owner may be- mas'er. or two ' _ ., ,., . .. other credible long, or of two other credible witnesses, "i,nM5e* [Approved, May 12,1796.] CHAPTER XXVI. An act to ascertain and fix the military establishment of the United States-* Sec. 1. Be it enacted by the Senate and House of Re- presentatives of the United States of America in Congress assembled. That the military establishment of the United States, from and after the last day of October next, be composed of ihe corps of artillerists and engineers, as established by the act, entitled " An act providing for raising and organizing a corps of artillerists and engi- neers;"! two companies of light dragoons, who shall do duty on horse or foot, at the discretion ofthe president of the United States; and four regiments of infantry, of eight companies each; the company of dragoons shall consist of one captain, two lieutenants, one cornet, four sergeants, four corporals, one farrier, one saddler, one trumpeter, and fifty two privates; and shall be armed and accoutred in such manner as the president of the United States may direct. Sec 2. And be itfurther enacted. That each regiment. organization of of infantry shall consist of one lieutenant colonel com- »regiment of in- mandant, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, eight captains, eight lieutenants, eight ensigns, two sergeant- majors, two quartermaster sergeants, two senior musi- cians, thirty-two sergeants, thirty-two corporals, six- teen musicians, and four hundred and sixteen privates: Provided always, That the president of the United States may, iu his discretion, appoint an additional number of surgeon's mates, not exceeding ten, and dis- tribute the same, according to the necessity of the service. •See act of the 3d March, 1797, chapter 27,and 16th July, 1798, chap- ter 36; also act of loth March, 1802, chapter 46, which repealed and sop- plied this and the abovementioned acts. tSee chapter 20. 75 Sec 3. And be itfurther enacted, That there shall be a j^gj^J1 one major-general, with two aids-de-camp; one briga-brW°ier-ageri:-a dier-general, who may choose his brigade major fromral &c" the captains or subalterns of the line; which brigade- major shall receive the monthly pay of twenty-four dol- lars, in addition to his pay in the line, be entitled to Additional pay of four rations of provisions for his daily subsistence; and, £jfde n,ajor' whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof: one quartermas- ter-general; one inspector, who shall do the duty of ad- jutant general; and one paymaster-general: and'that the adjutants, quartermasters, and paymasters of regi- ments, shall be appointed from the subalterns of their respective regiments. Sec 4. And be itfurther enacted, That the presi-^,res|d^tt0 dent ofthe United States cause to be arranged, the offi- cen'lIdVivatei cers, non-commissioned officers, privates,' and musi Slc^fe cians, ofthe legion ofthe United States, and light dra-con^tl*0 goons, in such manner as to form and complete out oi ?U1 lcs"'ie»«s. ,i ii_ i* • j n ., « * &c. out oi them. the same the tour regiments aforesaid, and two compa- nies of light dragoons: And the supernumerary officers.The >«pwnume. a. l •• i 11 ■ •■ ■« rancs to be eon- privates, and musicians, shall be considered, from ami a«ierwi. *«. dr- after the last day of October next, discharged from the clliU'Sc<1, service of the United States. Sec 5. And be it farther enacted, That the corns of Thecori,,ofar .■ii • . i • . ,, « tillerist* and en- artillerists and engineers be completed, conformably tog»'«r*««i* the act ofthe eighth day of May, one thousand seveuC0Ull,latt,,&c- hundred and ninety-four, establishing the same, and prescribing the number and term of enlistments, and • the rftethod of organization.* Sec 6. And be it further enacted, That the commis-SSmmis$!o",td . .... i i n i i . . . Officers employed sioned oihcers, who shall be employed in the recruitings recruiting, to service, to keep up, by enlistments, the corps of artille'-JKn'JSEi lists, infantry, and dragoons, aforesaid, shall be enti «ul"pu„n- tied to receive, for every able bodied recruit, duly en-tioned- listed and mustered, of at least five feet six inches in height, and not under the age of eighteen, nor above the age of forty-six years, the sum of two dollars. Sec 7. And be it farther enacted, That there shall be wdollars bounty allowed and paid to each soldier now iu the service offothVibr five'" the United States, or discharged therefrom subsequent>turs,&c* to the ihird day of March, one thousand seven hundred and ninety-four, who shall re-enlist, for the term of five years, unless sooner discharged, a bounty of sixteen dollars; and to each person not now iu the army of thoAboumyofJK14 United States, or discharged, as above, who shall here to persons not in ... . 'j? • i i ' uie army, enlist- after enlist lor the term aforesaid, a bounty of fourteen i»g. ' See chapter 20. 76 The payment of dollars; but the payment of four dollars of the bounty teum^efer^, of each and every man so enlisting, shall be deferred, &c- until he shall have joined the corps in which he is to serve. Kon-commission- Sec 8. And be it further enacted, That every non- tat^&c.,o?'thecommissioned office:-, private, and musician, of the ar- Jkntry7toare-in"^'lery anu* infantry, shall receive, annually, the follow. c«ve 'anmniiy, jn2. articles of uniform clothing:, to wit: one hat, one the articles of ° P ,, , , • !■ I • uniform doihing coat, one vest, two pair of woollen and two pair oi linen mentioned. overans> four ,,ai,. „f shoes, four shirts, four pair of socks, one blanket, one stock and clasp, and one pair of buckles. suitable clothing Sec 9. And be it farther enacted, That suitable cloth- for^ePdragdofns,ing be provided for the dragoons, adapted to the nature &c* of the service, and conformed, as near as may bc, to the value of the clothing allowed to the infantry and ar- tillery. Sec. 10. And be it farther enacted, That every non- Dailyratiom of commissioned ofiicer, private, and musician, shall re- provisions for . ... ,. „ .. f ,. ,. .. , .. non commission, ceivc, daily, the following rations ot provisions, to wit: vtteJ&c.'p"' one pound of beef, or three quarters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy, or whiskey; and at the rale of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations. Additional allow Sec. 11. Provided always, and be itfurther enacted, That anceofprovi- to those in the military service ofthe United States, who sions to the mill- ,. - . . , tary employed on are. or shall be, employed on the western frontier^, there tieKj&c.ra,l0n shall be allowed, during the time of their being so employ- ed, two ounces of flour or bread, and two ounces of beef or* pork, in addition to each ofthe rations, and half a pint of salt, in addition to every hundred of their rations. Monthly pay of Sec. 12. And be it further enacted, That the monthly dte^gic.1"1 *o!"Pay °f the officers, non-commissioned officers, musi- cians, and privates, of the military establishment, be as follows: a major-general, one hundred and sixty-six dollars; a brigadier-general, one hundred and four dol- lars; quartermaster, inspector, and paymaster generals, each, in addition to their pay in the line, twenty-five dollars; principal artificer, forty-dollars; second artifi- cer, twenty-six dollars; licutenant-colonel-commandant, seventy-five dollars; major of artillery and of dragoons, fifty-five dollars; major of infantry, fifty dollars; pay- master, adjutant, and regimental quartermaster, in ad- dition to their pay in the line, ten dollars; captain, forty dollars; lieutenants, twenty-six dollars; ensigns and cor- nets, twenty dollars; surgeons, forty-five dollars; sur- 77 geon's mates, thirty dollars; sergeant-majors, and quar- termaster sergeants, eight dollars: senior musicians, seven dollars; sergeants, seven dollars; corporals, six dollars; musicians, five dollars: privates, four dollars; artificers allowed to the infantry and artillery, farriers and saddlers to the dragoons, each, nine dollars; ma- trons and nurses in thc hospital, eight dollars. Sec 13. And be it farther enacted, That the commis-Rations, &c. fur sioned officers aforesaid, shall bc entitled to receive, for offic"rs?,on their daily subsistence, the following number of rations of provisions: a major-general, fifteen rations; a briga- dier-general, twelve rations; a lieutenant-colonel-com- mandant, six rations; a quartermaster, inspector, and paymaster-generals, each, six rations; and each aid- de-camp shall receive the monthly pay of twenty- four dollars, in addition to his pay in the line, be enti- tled to four rations of provisions for his daily subsis- tence, and whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof; a captain, three rations; a lieutenant, ensign, and cornet, each, two rations; a surgeon, three rations; a surgeon's mate, two rations; a principal, and second artificer, each, two rations, or money in lieu thereof, at the option ofthe said officer's, at the posts, respectively, where the rations shall become due; and if, at such posts, supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts, and the position of the place in question. Sec 14. And be it farther enacted, That the officers M°n,h,y a"ow-of hereinafter described shall, whenever forage shall not forage"to the of. be furnished by the public, receive at the rate of thefiters «*»«'*** following enumerated sums, per month, instead thereof, to wit: a major-general, twenty dollars; a brigadier-ge- neral, sixteen dollars; quartermaster, inspector, and paymaster-generals, each, twelve dollars: lieutenant- colonel commandant, twelve dollars; major, ten dol- lars; captain of dragoons, eight dollars; lieutenant and cornet, each, six dollars; surgeon, ten dollars; sur- geon's mate, six dollars; principal artificer, paymaster, adjutant, and regimental quartermaster, each, six dollars. Sec. 15. And be it farther enacted, That every person Kot exceeding who shall procure or entice a soldier, in the service of^^f^ the United States, to desert, or who shall purchase, sonm«mt,forin- „ ... ,. .. i a., ■ ticinf a soldier to from any soldier, his arms, uniform clothing, or any desert, purchas- part thereof; and every captain or commanding officer 0rgfor a™pt^ of any ship or vessel," who shall enter on board such £Jj"£ir5?er" ship or vessel, as one of his crew, knowing him to have™°"sh"c"w. 7is deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his com- manding officer, shall, upon legal conviction, be fined, at the discretion of the court, in any sum not exceeding three hundred dollars or be imprisoned, for any term not exceeding one year. Sec 16. Andbeit further enacted, That no non-com- No non commis- -'-»-"-'• *"• j ^ i ,1 i .1 1 sioneei officers & missioned officer, or private, shall be arrested, or sub- K foUrbaect ject to arrest, for any debt under the sum of twenty sum under «20. "^1^,^ Sec 17. Andbeit further enacted, That if any non- Non-commission- .. ,«, " . • • 1 11 .1 ± ed officers or commissioned officer, musician, or private, shall desert rnSwe^rad. fi'om the service ofthe United States, he shall, in addi- t^&c.Vslrvetion to the penalties mentioned in the rules and articles such period as 0f war. be liable to serve, for and during such a period will amount to .,..,,.,. 1 1 1 • a the fun termof as shall, with the tune he may have served previous to may teS,^-his desertion, amount to the full term of his enlistment, though, &c. a|ul j,^ soldier shall and may be tried and sentenced by a regimental, or garrison court-martial, although the term of his enlistment may have elapsed previous to his being apprehended or tried. ^cour^mar"" s^c« lS' An^ be it farther enacted, That the sen- tiai, in ume oftences of general courts-martial, in time of peace, ex- peace, extending A .. J ° i, . <.,•,. .1 ' i- • r to ihe loss oi ute, tending to the loss of life, thc dismission ot a commis- pea^o^wa",re-sioned officer; or which shall, either in time of peace or o£* tote'iiid NVai'» respect a general officcr, shall, with the whole of the |£'or,L*e presi" proceedings in such cases, respectively, be laid before the president of the United States; who is hereby authorized to direct the same to he carried into execution, or other- wise, as he shall judge proper.* Sec. 19. And be it farther enacted. That if any offi- dkrsToundwUn cer, non commissioned officer, private, or musician, &c.Itrb^^hlcldHloresa^' s'ia^ be wounded or disabled, while in the "aVdfeV ofm*^ne °f u's duty, in public service, he shall be placed on the list ofthe invalids ofthe United States, at such rate of pay, and under such regulations, as shall be directed by the president ofthe United States for the time being: lF*™$>eJuol Provided always, That the rate of compensation to be to»eoiuniisMoii.allowed for such wounds or disabilities, to a commis- ed officer not to . *- ■ exceed half pa>, sioned officer, shall never exceed, tor the highest disa- bility, half the monthly pay of such officer, at the time of his being so disabled or wounded; and that the rate of compensation to non -commissioned officers, privates, Therate,tc. toan(i musicians, shall never exceed five dollars per non-eominission- month: And provided also, That all inferior disabiltics ed oiiiLL-rs and • 1 1 i-iiij 11 private,, noi to shall entitle the person so disabled, to receive an allows ^-month. ° 'ance proportionate to the highest disability. * See chap. 8, art. 2, and rules and articles of war, chap. 50, art. 65. 79 Sec 20. And be it farther enacted, That the officers, officers andwi hon-commissioned officers, privates, and musicians, vtniedby the" aforesaid, shall be governed by the rules and articles of 0^d^,es war which have been established by the United States, &c- in congress assembled,* (except so much ofthe same as is by this act altered or amended.") as far as the same may be applicable to the constitution of the United States; or by such rules and articles as may hereafter by law he established. Sec 21. And be it furthet enacted, That every offi-officers and ^ cer, non-commissioned officer, private, and musician. '&c- ofthe United States," there shall be paid the amount of six months' pay and subsistence. [Approved, March 3, 1797.] 81 CHAPTER XXVIII. An act to provide for the further defence of the ports and harbors of the United States.* Sec. 1. Be it enacted by the Senate and House of Re- presentatives ofthe United States of America in Congress S"'"!^« *?pi£ assembled, That for fortifying certain ports and harbors F/ing poru and of the United States, there be appropriated a sum notLarbor*' exceeding one hundred and fifteen thousand dollars. Sec 2. And be itfurther enacted, That the said ap- propriation shall be paid and discharged out ofthe sur-?™^0^^*" plus of the revenue and income beyond the appropria- tions heretofore charged thereon. Sec 3. And be it farther enacted, That the president ofthe United States be, and he is hereby, empowered ^s ^ebted to authorize any of the states which were found indebted states, autnoriz- to the United States, in a settlement of the accounts be-iancVdueTon*" tween them-and the respective states, to expend, underm^TS™" his direction, the sums respectively due from them, in*6"*6*' fortifying their ports and harbors; and the sums which may be so expended, shall be passed to the credit of the said states, on account of thc balances found and report- ed, hy the commissioners for settling the accounts be- tween the United States and the individual states, to be due from the said states to the United States: Provided, The said states shall and do cede to the United States, pro the lands or places on which such fortifications shall be<«a»onofsitesof so erected, in cases where the lands are the property offoruficMiom' such states.f [Approved, June 23, 1797.] CHAPTER XXIX. An act to provide for the widows and orphans of certain deceased officers. Sec 1. Be it enacted by the Senate and House of Re- presentatives of the United States of America in Congress rrovisioni of the assembled, That the provisions for widows and orphans ^feI£,deT5 of commissioned officers of troops of the United States, g*^™*; contained in the first section of the law passed on the£;^noJ^fof seventh day of June, one thousand seven hundred andwoui^^-rived ninety-four, entitled "An act in addition to the act'nw.4* iUlth> making further and more effectual provision for the pro- tection of the frontiers of the United States,":): be, and •See suplemental act, chapter 31. fThis proviso repealed by act of 3d May, 1798-see chapter 31, section 3. J^See chapter 22, section 1. 82 the same are hereby, extended to the widows and or- phan children of commissioned officers of the troops of the United States, and of the militia, who have died by reason of wounds received since the fourth day of March, one thousand seven hundred and eisrhty-niiip, in SSJfbe^ftthe actual service of the United States: Provided, ap- «ithin two yean. piication shall be made within two years after the end of the present session of congress. [Approved, March 14, 1798.} CHAPTER XXX. An act to provide an additiaaal regiment of artillerists and engineers.*1 Sec 1. Be if enacted by the Senate and House of Re- An additional re- presentatives of the United Stat en of America in Congress E^^tuT1'assembled, That an additional regiment of artillerist* and engineers shall and may be engaged, by voluntary enlistments, to serve for the term of fite years, unless sooner discharged, and to be organized as f< Hows, that onrmizationof isto say: there shall be one lieutenant-colonel com- the'regiment. matidant, one adjutant, one surgeon, and three ba>ta- lions, each to consist of one major, one adjutant and paymaster, one surgeon's mate, and four companies, of one captain, two lieutenants, two cadets, with the pay, Organization of clothing, and rations, of a sergeant, four sergeants, four acompanj. corporals, foity-two privates, sappers and miners, ten artificers, to serve as privates, and two musicians, in each company. Sec 2. And be itfurther enacted. That the addition- b^mlde^du^ regiment which shall be raised, pursuant to this act, iitaaM Publish-s'ia" De considered as a part of the military establish- ment, ment of the United States, for the time being; and the commissioned officers, non-commissioned officers, pri- vates, artificers, and musicians, who shall engage in the said regiment, shall be entitled to the same bounty, pay, Bonmy.pay, ai-and allowances, respectively, according to their corres- r0wances,&c. pondrht ranks, as are, or shall he, by law, authorized and provided for the other parts of the same, establish- ment, and shall be governed by the same rules and ar- ticles of war, and shall be armed and accoutred in such manner as the president ofthe United States shall di- riie regiment rect, and shall and may be employed by him, in detach- er b^thr/r^-.inents, or otherwise, in the field, or the fortifications 'Repealed and supplied by act of 16th March, 1802—see chapter 46> sections 1, 2, 26 and 29. 83 upon the sea coast, as, in his opinion, the public service dent as he may shall require. Etftfff" Sec 3. And be itfurther enacted, That the secreta-gjj^- ^^ ry of war shall provide, at the public expense, under thc&ctobeprovidj direction ofthe president of the United States, all ne-expense!1"" cessary books, instruments, and apparatus, for the use and benefit of the said regiment. [Approved, April 27, 1798.] CHAPTER XXXI. An act supplementary to the act providing for the further defence of the ports and harbors of the United States.* Sec 1. Be it enacted by the Senate and House of Re-arnnnn, „ . ~ ., *■* •., r^. . ±> n « ^ 250.000dollars presentatives of the United States of America in Congress additional, aP assembled, That a sum not exceeding two hundred andj£ffita£r fifty thousand dollars, in addition to the sums hereto- fore appropriated, remaining unexpended, shall be, and is hereby, appropriated, and shall and may be paid out of any moneys not before appropriated, to make and complete, at the discretion ofthe president of the United States, the fortifications heretofore directed for certain ports and harbors, and to erect fortifications in any other place or places, as the public safety shall require, in thc opinion ofthe president ofthe United States; and which other fortifications he is hereby authorized to cause to be erected, under his direction, from time to time, as hc shall judge necessary. Sec 2. And be itfurther enacted, That where any states indebted state which was found indebted to the United States, by%££££? the report ofthe commissioners for settling the accounts ^^^ between the United States and the individual states, shall, with the approbation of the president ofthe United States, proceed to finish or complete any fortifications heretofore commenced by such state, for the defence of any port or harbor within thc same, or shall, under the di- rection of the president of the United States, make and erect any additional fortifications, pursuant to the act, en- titled *« An act to provide for the further defence of the ports and harbors within the United States,"! as well the pre- vious expenditures, made since the twentieth day of March, one thousand seven hundred and ninety-four, which shall be approved by the president of the United •Original, act of 23d June, X797, chapter 28 fSee chapter 28. 81 States, as the expenditures which have been, or which shall he, directed by him, shall he allowed and credited to such state, on account of the balance found and re- Proviso^iocxpni.ported, as aforesaid: Provided, That no expenditure ba'iar?w'dnVtoS exceeding thc balance found and reported against the be allowed, &c. reSpertjv'e BtatCj snaj] l)C an,lWed as aforesaid; and pro- vided, that the fortifications for which the whole or any part of the expenditures shall bc so allowed and cre- dited as aforesaid, with their privileges and appurte- nances, shall be, and shall be declared and established as, the property of the United States, while maintained by them. proviso of the Sec 3. And be itfurther enacted, That these words 1797°,relied?' of the said act, entitled ••An act for the further defence ofthe ports and harbors ofthe United States,"* that is to say, "provided, the said states shall and do cei\c to the United States, the lands or places on which such for- tifications shall be so erected, in cases where the lands are the property of stich states," shall be, and the same are hereby, repealed. , [Approved, May 5, 1T9S.] CHAPTER XXXII. An act to enable the president of the United States to procure cannon, arms, and ammunition; and for other purposes.f 8oo,ooodollars Sec 1. Be it enacted by the Senate and House of Re- pmchaslae^i-° presentatives of the United States of America in Congress non, small »rms,assembled, That a sum, not exceeding eight hundred thou- sand dollars, shall be, and hereby is, appropriated, and shall and may be paid out of any moneys not before ap- propriated, under the direction of the president of the United States, to purchase, as soon as may be, a suffi- cient number of cannon, also a supply of small arms, and of ammunition and military stores, to be deposited, and used, as will be most conducive to the public safety and defence, at the discretion of the president of the United States. The president Sec 2. And be it further enacted, That the president arilfandar-^f the United States be, and he is hereby, authorized, mories,&c. jn case he shall find it impracticable to procure by pur- chase, with certainty and despatch proportionate to the necessities of the public service, the cannon and arms hereby required, and any considerable part thereof shall *See chapter 28, sec. 3. ■j-See act of 2d April, 1794, chapter 19; also chap. 44, and 56. 85 bc likely to be deficient, to take, bv lease, for a term of years, or by sale, in fee, to the United States, one or more suitable place or places where cannon or small arms may be advantageously cast and manufactured, and shall and may there establish foundries and armo- ries, for the manufacture of the same, respectively, and shall cause suitable artizans and laborers to be there em- ployed, for account of the United States; and shall and may appoint one or more persons to superintend the said works, under the direction of the department of war. And an account of the expenditures, which shall Account ot ex- be incurred in forming and employing these establish- f^SZZSlT ments, and of the cannon and arms which shall be castsies9,aunuaIly- and manufactured therein, respectively, shall be laid be- fore the congress of the United States, at their next ses- sion, and annually thereafter, so long as the same shall be continued. Sec 3. And be itfurther enacted, That the sum of one 100,000 doiis. aP hundred thousand dollars shall be, and hereby is, appro- }n:pPurp"'f priated, and shall be paid out of any moneys not beforetllis act- appropriated, for the hire, purchase, and employ, of the said foundries and armories, respectively, in case such establishments shall be found necessary, as hereinbefore provided. [Approved", May 4, 1798.] CHAPTER XXXFI1. An act to amend the act, entitled "An act to amend and repeal, in pan, the act, entitled 'An act to ascertain and rix the military establishment of the United Stateo."* Sec 1. Be it enacted by the Senate and House of Re-1 i,e brigadier) presentatives of the United States of America in Congress^Z* tlisa>brie- assembled, That the brigadier-general who is now, Ur?riemaJ'or",ld ». ... 0 . <.., Tr • 1 r> inspector from may hereafter be, 111 the service ot the United States, be, »*"■commissioned and he hereby is, authorized to choose his brigade-ma-linl?*801 'he jor and inspector, or either of them, from the commis- sioned officers in the line ofthe army; arid that so much of the second section of the act, entitled "An act to amend and repeal, in part, the act, entitled «An act to ascertain and fix the military establishment of the United States," as confines the choice of brigade-major and inspector to the captains and subalterns of thc line, be, and the same is hereby repealed. •Repealed by act of 16th March, 1802, chap. 46—For the act amended, see chap. 27. »6 Payandaiiow. Sec 2. And be it farther enacted, That the accounting h"hSbyuVw^o°ffice,'s ofthe treasury shall allow to major Cushing the TZ^cwr"5' monthly PaJ» rations, forage, and allowances, for the same, as established by law, for an inspector, during the time he has acted in said capacity hy appointment of General Wilkinson. [Approved, May 22, 1798.] CHAPTER XXXIV. An act authorising the president of the United States to raise a provi, sional army.* n.e president- Sec* '; Be U enacte(i bV the Senate and House of Re- may, on the " presentatives of the United States of America in Congress Sgpiance,°ne(Iassembled, That the president of the United States be, joSoamen?for°f and he is hereby, authorized, in the event of a declara- three yea.,. tion of war against the United States, or, of actual inva- sion of their territory, by a foreign power; or of immi- nent dangerofsuch invasion discovered, in his opinion, to exist, before the next session of Congress, to cause to be enlisted, and to call into actual service, a number of troops, not exceeding ten thousand non-commissioned officers, musicians, and privates, to be enlisted for a term not exceeding three years; each of whom shall be Bounty of jgio. entitled to receive a bounty of ten dollars, one half on enlisting, and the other half on joining the corps to which he may belong. * ^president , Sec*2-•*»"* be « further enacted, That the president K& bVii he !? her,eby» authorized to organize, with a appoint officer,, suitable number of major-generals, and conformably to Se&m^&c. the military establishment ofthe United States, the said troops into corps of artillery, cavalry, and infantry, as the exigencies of the service may require; and, in the re- cess of the senate, alone, to appoint the commissioned Appointment of 0l»cers. The appointment ofthe field officers to be sub- &bmSto° ,mttfcd *° t,,e advice and consent of the senate at their the senate, &c. next subsequent meeting. The commissioned, and non- The,rooP, to be Fommissloned officers, musicians, and privates, raised SX£%gm Prance of this act, shall bc subject to the rules and of the united articles of war. and rep-nlatinnc i™ *i^ „ , , sta,«, boumy *!,-„,.„,„ nV* <"'u regulations lor the government of excepted. the army, and be entrtled to the same pay* clothing, ra- tions, forage, and all other emoluments, bounty ex- in^rvice tr!th0386 °f W°Unds °r disab^> received Fu\iZ S' ♦ 6 Same compensation, as the troops of the United States are by law entitled. F chImerP4i1tb/aCt0fl6thMarch' 1802'~See chapter 46.-See also chapter 41, m connexion with this act. ' 87 Sec 3. And be itfurther enacted, That, in addition ^y^ptof to the aforesaid number of troops, the president is volunteers in ad- , 1 . '. ,, ' e. ditiontothe hereby empowered, at any time within three years alter troops authonz- the passing of this act, if, in his opinion, the public in- ^U^iiel?' terest shall require, to accept of any company or com-^™s^toned of panics of volunteers, either of artillery, cavalry, or in- fantry, who may associate and offer themselves for the service, who shall be armed, clothed, and equipped, at their own expense, and whose commissioned officers the president is hereby authorized to appoint; who shall be liable to be called upon to do military duty, at any time^^,,,^., the president shall iudge proper, within two years after mavblca,l«1 he shall accept the same; and, when called into actual duty Mitkintwo sen ice, and while remaining in the same, shall be under VXntetrsina&; the same rules and regulations, and shall be entitled to^e'sa^efooriiig the same pay, rations, forage, and emoluments of every b^^eratn^ops' kind, excepting bounty and clothing, as the other troops clothing except- to be raised by this act. Sec 4. And be it farther enacted, That in case any Allowance to vc- such volunteer, while in actual service, and in the line^OT^&c.0". of his duty, sustains any damage, by injury done to his horse, arms, or equipage, or by loss of the same, with- out any fault or negligence on his part, a reasonable sum, to be ascertained in such manner as the president shall direct, shall be allowed for each and every such da- mage or loss. Sec 5. And be itfurther enacted, That whenever The president the president shall deem it expedient, he is hereby em-ik^tcS-'gene powered to appoint, by and with the advice and consent1"1* of the Seriate, a commander of the army which may be raised by virtue of this act, and who, being commis- sioned as lieutenantrgeneral,* may be authorized to command the armies of the United States, and shall be entitled to the following pay and emoluments, viz: two His pay and emo hundred and fifty dollars monthly pay, fifty dollars{ummu- monthly allowance for forage, when the same shall not hc provided by the United States, and forty rations per day, or money in lieu thereof, at the current price, who shall have authority to appoint, from time to time, such number of aids, not exceeding four, and secretaries, not Aids and secre- exceeding two, as he may judge proper, each to haveurKS' the rank, pay, and emoluments of a lieutenant-colonel. Sec. 6. And be it further enacted, That, whenever the The president president shall deem it expedient, he is hereby empow- ImpV^s""*- cred, by and with the advice and consent of the senate/'1, to appoint an inspector-general, with the rank of major- *The title of lieutenant general abolished, by act of 3d March, 1799— see chap 41, sec. U. 88 general; and the major-generals and inspector-general ■ shall, each, be entitled to the following pay and emolu- rajandemoiu. ments. viz: one hundred and sixty-six dollars monthly ^.ifand^pay, twenty dollars monthly allowance for forage, when si*ctorgeneral, ^j,* samc j* not proVided by the United States, and fif- teen rations per day, or money in lieu thereof, at the current price; and shall be, and they are hereby, au- Th-ymaynr- thorized to appoint two aids, each of whom shall have point aid,, &c fhe rank< ^^ an(1 cmo]nmpnts 0f a major. And at the time aforesaid, the president is further empowered, by and with the advice and consent of the senate, to appoint •ri.epresent an adjutant general, who shall have the rank, pay. and adjiitam-Serr.. emoluments,* of a brigadier general. And the president is hereby authorized, alone, to appoint, from time to As^ram-HMprc. time, when he shall judge proper, assistant-inspectors paraJe^nnofto every separate portion of the army, consisting of one ^"S^.ib.or more divisions, who shall be deputy adjutant-gene- Irspcctors to ra]s thereof, respectively, and who shall he taken from each brigade and . ... * * , ,, .. ■ .... , ,i • corps. the line of the army, and allowed, in addition to their pay. eight dollars per month; and. likewise, to appoint inspectors and sub-inspectors to each brigade and corps, of every description, at his discretion, taking them from the line of the army, and they shall each receive, while acting in said capacity, an additional pay of six dollars per month. Also,a quarter- Sec 7. And be it farther enacted, That in case the pTysu'i-nTpen^1-' president shall judge the employment of a quartermas- ™mut.H Serai tcr-gcneral, physician-general, and paymaster general, or either of them, essential to the public interest, he is hereby authorized, by and with the advice and consent of the senate, to appoint thc same accordingly, who shall be entitled to the rank, pay, and emoluments, which fol- low, viz: quartermaster-general, the rank, pay, and Their pay and emoluments of a lieutenant-colonel: physician-general, emoluments. , liii, i and paymaster-general, each, the pay and emoluments Proviso; thepre-of a lieutenant-colonel; Provided, That in case the pre- sident niav make * ? *. t 1 ■ • i •. i-xx -^ i a..-appoint- sideiit shall judge it expedient to appoint a commander 'nXSreceSSof the army, an inspector-general, adjutant-general, quartermastcrt-general, physician-general, and paymas- ter-general, or either of them, in the recess of the se- nate, he is hereby authorized to make any or all of said appointments, and giant commissions thereon, which shall expire at the end ofthe next session of the senate thereafter. twiner hws re- Sec 8. And be it farther enacted, That the laws of hCyTtabH,r* the United States respecting the regulations and emolu- mu,< orthc u„i- lncnts „f recruiting officers, punishment of persons who 89 shall procure or entice a soldier to desert, or shall pur- {^^"J*1 chase his, arms, uniform, clothing, or any part thereof; persons. matters, and the punishment of every commanding officer of any in the meaning' ship or vessel, who shall receive on board his ship orof thls ■*ct' vessel, as one of his crew, knowing him to have de- serted, or otherwise carry away, any soldier, or refuse to deliver hirrt up to the orders of his commanding'offi- cer, and the law respecting the oath or affirmation to be taken by officers, non-commissioned officers, musicians, and privates, and respecting the inserting of conditions in the enlistments, and all other laws respecting the mi- litary establishment of the United States, excepting in such cases where different and specific regulations are made by this act, shall be in force, and apply to all per- sons, matters, and things, within thc intent and meaning of this act, in the same manner as they would, were they inserted at large in the same. Sec 9. And be itfurther enacted, That the commander The president of thc army, inspector-general, adjutant-general, quar- Seywhoie,or6ain term aster-general, physician general, and paymaster- c'eVsV^oiduIrs general, and the general, field, and commissioned offi-^'^^^^ cers, who may be appointed by virtue of this act, shall, when consistent ,. , J ,. l ^ . J . . ,. , A with the public respectively, continue in commission during such term safety. only as the president shall judge requisite for the public service; and that it shall be lawful for the presi- dent to discharge the whole, or any part, of the troops, which may be raised, or accepted, under the authority of this act, whenever he shall judge the measure consistent with the public safety* Sec 10. Andbeit further enacted, That no commis- no commissioned sioned or staff officer, who shall be appointed by virtuebeemitiedtopay of this act, shall be entitled to receive pay or emolu- bVforawuaT ments until he shall be called in actual service, nor for,emce* any longer time than he shall continue therein: Provided, Proviso; as tore. nothing in this section shall be construed to prevent cap-eri tains and subalterns from receiving pay and emolu- ments while employed in the recruiting service: ^"^ItmeniXr provided also, That no enlistment shall take place by t^ee years. virtue of this act, after three years from the passing thereof. Sec 11. And be it farther enacted, That it shall be The president lawful for the president of the United States, at his dis- may loan new \ „ ',... 2. i_ artillery to mill- cretion, upon the request of any militia corps, estab- oa corps, disP0S, lished by law, in any state, disposed to inform them- Ihc^dverin its selves in the use of artillery, or of the executive of any use'&c- state, in behalf of such corps, to suffer to he loaned to them, such pieces, not exceeding two to any one corps, 12 90 ofthe field artillery of the United States, as maybe most conveniently spared, to be taken, removed, and re- turned, at the expense of the party requesting; who are to be accountable for the same, and to give receipts ac- cordingly. . Sec 12. And be it farther enacted, That the president rtie*™,, ofthe United States shall be, and he is hereby, autho- rn^sTmni- rized, when, under his orders, any portion of the militia, OT?^iTf£iiior any vo'unteer corps, shall be called forth and engaged Snn^a^edin jn tbe actual service of the United States, to suffer to be actual serv.ce. Ioanedt at the pequest 0f the executive of the state from which such militia shall be called forth, or of such vo- lunteer corps, appearing to be unavoidably deficient, a supply of field artillery, arms, and accoutrements, from the arsenals of the United States, as the case may re- quire; proper receipts and security being given to be ac- countable to return the same, the accidents of the service excepted. The president Sec.13. And be it farther enacted. That the president ^anqmpageof the United States shall be, and he is hereby, autho- ^'hiXnW'be rizeul *o cause to be purchased and procured a quantity like wise loaned, of caps, swords, or sabres, and pistols with holsters, not exceeding what may be sufficient for four thousand ca- valry, and to be deposited in the parts of the United States where he shall deem it most convenient for the supply of any corps of cavalry which shall be called into the actual sen ice of the United States, and which the president ofthe United States may loan, upon the terms, and the like receipts, to be accourttable, as hereinbefore provided: and, for this purpose.ihnd towards defraying the expenses which may be necessarily incurred before the next session of congress, in executing the other pur- noses of this act, a sum, not exceeding two hundred Appropriation of ■ j i n i n ■ i • i , ° , S52oo,ooo for the thousand dollars, shall be, and is hereby, appropriated, pmpose o t a an(j gjjgjj an(j may 1^ pai(j at tjie treasury, under the or- ders of the president of the United States, out of any money not already appropriated. Private* eiempt Sec 14. And be itfurther enacted, That the private debTorrcron'ract, soldiers who are, and who shall be, enlisted and em- tm^nice. P1^ in the service of the United States, shall be, and they are hereby, exempted, during their term of service, from all personal arrests, for any debt or contract. And whenever any soldier shall be arrested, whether by jud^^npon^68"^^00.68?'01, in execution, contrary to the intent am st of soldiers nereol, it shall be the duty of the judge of the district S'b«rk«!,i court of the district in which the arrest shall happen, SI?^3? and of any justice of the supreme court of the United. 91 States, and of any court or judge of a state, who, by thej^ggw laws of such state, are authorized to issue writs of ha- &c. beas corpus, respectively, on application, by any officer of the corps in which such soldier shall be engaged, to grant a writ of habeas corpus, returnable before him- self; and, upon due hearing and examination, in a sum- mary manner, to discharge the soldier from such arrest, taking common bail, if required, in any case upon mesne process, and commit him to the applicant, or some other ofiicer of the same corps. [Approved, May 28, 1798.] CHAPTER XXXV. An act supplementary to, and to amend, the act, entitled "An act au- thorizing the president of the United States to raise a provisional army."* Sec 1. Be it enacted by the Senate and House of Re- presentatives of the United States of America in Congress 1*™^** assembled, That the companies of volunteers, and theto^fkedbythe members of each company, who shall be duly en- Pra'Sir^and d*. gaged and accepted hy the president of the United*&***«* States, and organized with proper officers com- missioned by him, pursuant to the third section of tbe act, entitled "An act authorizing the president of the United States to raise a provisional army," shall submit to, and observe such rules of training and discipline, as shall be thought necessary to prepare them for actual service: and whi> h rules the president of the United States is hereby authorized to make and estab- lish; and all such companies and volunteers are hereby exempted, until their discharge, or during the time of Exemption, their engagement, as aforesaid, from all militia duty which is'or shall be required by the laws of the United States, or of anv state, and from every fine, penalty, or disability, which is or shall be provided to enforce the performance of any duty or service in the militia. Sec 2. And be itfurther enacted, That the president n* president ofthe United States shall be, and he is hereby, autho- Sffim rized, by and with the consent of the senate, or by h i in- £ theses., of self, in the recess of congress, pursuant to the said act, to appoint and commission, as soon as he shall think it expedient, such and so many field officers as shall be necessary for the organizing and embodying in legions, regiments, or battalions, any volunteer companies who *For original act, see preceding chapter. 92 shall engage, and shall be accepted, as aforesaid; and" such field officers shall have authority, accordingly, to train and discipline such volunteer companies, pursuant to the rules therefor, which shall bc established, as Proviso;nopay aforesaid: Provided, That no officer or volunteer, who from the United . . , i i i • 4. • • states,until cai- shall be appointed, engaged, or employed in any training lsS!aclual or discipline, as aforesaid, shall be considered as in the pay ofthe United States, until called into actual service. Thepresident Sec S. And be it farther enacted, That the president Seysaae"wvrfun-°^tne United States may authorize the sale, at a rca- teew,ofartiiiay, sonable rate, sufficient to indemnify the United States, rna^'iran'the to any company of volunteers who shall be accepted, as same,&c. aforesaid, of such pieces of artillery, small arms, and accoutrements, to be delivered from the public arsenals, as shall be found necessary for the equipment and train- ing of such volunteers; or may loan the same to them, upon the receipts of their respective officers, to be ac- counted for. or returned, at the expiration of their en- gagement, or other discharge: and of such sales or loans, Accounts of the tne necessary accounts shall be kept in the war depart- iaies or loans to ment, and the money, accruing by any sale, shall be paid warTpStment,into the treasury of the United States; and the same S?c^wbetiUe* shall be, and is hereby, appropriated for the purchase Si'niou^y Tccru-°^ otner art'"e,T' arms, and accoutrements, as the pre- ing. sident ofthe United States shall direct. Thepresident Sec 4. And be it further enacted, That the president a^ofnT^of ofthe United States may proceed to appoint and commis- «he officers for sion, in the manner prescribed by the said act, such and so the army of 10,- .1 • , , , ,. , 000 men as may many ot the officers authorized thereby, for the raising, be more imme- . • , .. ,. ... ,, diateiy requisite.organ 1 zing, and commanding, the provisional army ot ten thousand men, as, in his opinion, the public service shall more immediately require; any thing which may be supposed in the said act, to the contrary hereof not- officwsnotmi.withstano &c< the existing differences between the United States and the French republic, unless sooner discharged; and the said six troops, together with the two troops of dra- goons now in service, shall be formed into a regiment, The six troops and there shall be appointed thereto one lieutenant-co-intVa°regiment, lonel-commandant, two majors, one adjutant, one pay-&c' master, one quartermaster, one sergeant-major, and one quartermaster-sergeant, whose pay and emoluments, as well as those of the cornets, respectively, shall be the same as are by law allowed to officers ofthe same grades in the infantry. Sec 3. And be itfurther enacted, That there shall he ^>°rt$nerals'1 two major-generals, with two aids-de-camp each; one inspector-general, with the rank, pay, and emoluments of a major-general, and two aids-de-camp; three briga- dier-generals, in addition to the present establishment; two assistant-inspectors, (who shall be taken from the line ofthe army,) one adjutant-general, with one or more assistant or assistants, (to be taken from the line of the army,) and four chaplains. Sec. 4. And be itfurther enacted, That the major-Payandsubsh- generals, respectively, shall be entitled to one hundred%££$? and sixty-six dollars monthly pay, with twenty dollars allowance for forage monthly, and for daily subsistence fifteen rations, or money in lieu thereof, at the contract price; the adjutant-general shall be entitled to the rank, pay, and emoluments, of a brigadier-general; each chap- lJ4 Iain to the pay and emoluments of a major; the aids-de- camp and assistant inspectors shall each be entitled to twenty-four dollars monthly, in addition to their pay in the line, and to four rations of provisions, each, for their daily subsistence: and, whenever forage shall not be fur- nished by the public, to ten dollars per month in lieu thereof. xon commission- Sec 5. And be it farther enacted. That each non-com- vltetf&c'.'wbe missioned officer, private, and musician, who shall here- abiebodied,&c after he enlisted for the army of the United States, shall be able bodied, and of a size and age suitable for the public service, according to the directions which the pre- sident ofthe United States shall and may establish, and Bounty of «i2. shall be entitled to a bounty of twelve dollars, but the payment of four dollars thereof shall be deferred until he shall have joined the army; and each commissioned officer who shall be employed in the recruiting service, Allowance to re-shall be entitled to receive, for each such non-commis- truiung ofimrs. siouga 0fljcer an,i private, and for each sufficient musi- cian, duly enlisted and mustered, the sum of two dollars. Pay of non-com. Sec 6. And be it further enacted, That the monthly missioned officers ,„„_ c ., • • i «v . . ■ privates, &c. pay of the non commissroned officers, musicians, and privates, in the army ofthe United States, from and af- ter the first day of August next, shall be as follows: ca- dets, ten dollars, and two rations per day; sergeant-ma- jors, and quartermaster-sergeants, ten dollars; senior musicians, eight dollars; sergeants, eight dollars; cor- porals, seven dollars; musicians, six dollars; privates, five dollars; artificers to the infantry and artillery, and farriers and saddlers to the dragoons, shall be allowed, each, the monthly pay of ten dollars. That every non- subsistenceof commissioned officer, private, and musician, shall re- cdtrhTr^pIi."* ceive, daily, the following rations of provisions, to wit- mw-&c* °ne pound and a quarter of beef, or three quarters of a pound of pork; eighteen ounces of bread, or flour; a gill of rum, brandy, or whiskey; and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of caudles, to every hun- dred rations. J Thepresident SEC« 7. And be it farther enacted, That the nrpsioVnt SerfotVe of the United States be, and he hereby t, authorized to ^T5aPP°,nt,a ".«mber, not exceeding four, teachers of the ^^^^T?*' necessary for the instruction ofthe ^hrv^iSlrPTif8' Wh°lshal1 be entitled to the mommy pay of fifty dollars, and two rations ner dav officer,, andsoi-. Sec. 8. And be it further ennrt^ ii * \i «?y* diemoukethe non-commi™i«««i V enacted, That the officers, non-commissioned officers, musicians, and privates! 95 raised by virtue of this act, shall take and subscribe the 0^tmribeds oath or affirmation prescribed by the law, entitled "A.n act to ascertain and fix the military establishment of the United States,"* and they shall he governed by the rules and articles of war which have been, or may be, established by law, and shall be entitled to the legal emoluments in case of wounds or disabilities, received while in actual service, and in the line of duty. And in recess of senate, the president ofthe United States is The present hereby authorized to appoint all the regimental officers p?ifltraentsamhe proper to be appointed under this act, and likewise to Se°fthe make appointments to fill any vacancies in the army, which may have happened during the present session of the senate. Sec. 9. And be it further enacted, That there shall be inspector^*** appointed an inspector of the artillery, taken from the }!offi°&c.ai>" line of artillerists and engineers, who sha'1 be allowed thirty dollars per month, in addition to his pay in the line, and four rations of provisions for his daily subsis- tence; and, whenever forage shall not be furnished by the public, he shall be allowed ten dollars per month in- stead thereof. [Approved, July 16, 1798.] CHAPTER XXXVII. An act to alter and amend the several acts for the establishment and re- gulation ofthe treasury, war, and navy, departments. [extract.] Sec 3. And be it further enacted, That all purchases, „ •' • „ ..' ... Purehises anil and contracts for supplies or services tor the military contract, to be and naval service of the United States, shall be made'^^Jsofwar bv or under the direction of the chief officers of thc de- ^^7^ partments of war and the navy, respectively, and all *™l^btehe agents or contractors for supplies or services as afore-accountants said, shall render their accounts for settlement to thetl'el^of•, accountant of the proper department for which such sup- plies or services are required; subject, nevertheless, to the inspection and revision of* the officers of the treasu- ry in manner before prescribed. Sec 4. And be it further enacted, That it shall be purreyorofpub, the duty ofthe purveyor of public supplies,! to execute licsnppUestoes* all such orders as he may, from time to time, receive trom "he secre- from the secretary of war or secretary of the navy, re-£Jy, £?" ™ lative to the procuring and providing of all kinds of •See chap. 26. jThe office of purveyor abolished, by act of 28th March, 1812—See chap. 64, sec. 9. 96 stores and supplies; and shall render his accounts rela- tive thereto, to the accountants of the proper depart- ments, which accounts shall he subject to the inspection and revision ofthe officers ofthe treasury as aforesaid. Sec. 5. And be it further enacted, That the provisions ^SLS; ofthe act, passed on the eighth day of May, one thou- re,.eahd,sorar, san(j seven hundred and ninety-two, entitled "An act making alterations in the treasury and war depart- ments,'"* and the act passed on the twenty-third day of February, one thousand seven hundred and ninety-five, entitled "An act to establish the office of purveyor of public supplies,"! so far as the same are repugnant to the provisions of this act, be, and the same are hereby, repealed. cum-:.?* under Sec 6. And be it further enacted, That all contracts as\Vqoi^anUadhto be made by virtue of this act, or of any law of the ^rt Ma,!t"" *nds'ew* * ' I J o arils to be ;ip- neral, subject to the eventual approbation and contr ii pointed by the ofthe president of the United States, and shall be re ai^c'.""gem movable by the authority of the said physician-general; and that the surgeon of c.irh hospital shall appoint, em- nlov. and fix the compensations of, the nurses and other Hospital snr- I » E"t*l>n$ tO :tijpi>lilt attendants of such hospital, subject to the control of theiiui>cs,&c. said physician-general, or the hospital surgeon, of senior appointment, with a separate army, or in a separate district. Sec 4. And be itfurther enacted, That as often asRtTim(.mai ,Ur- the regimental sick will not suffer by the employing «.iThT^;™ntl!f'ne regimental surgeons or mates in the temporary or «*therB^*;^»;^d hospitals of the United States, the physician-general, &«. or the hospital-surgeon, of senior appointment, with a separate army, or in a separate district, with the con- sent ofthe general and commander-in-chief, or the offi- cer commanding a separate army, may require the at- tendance of such surgeons, or surgeon's mates, as, in his opinion, can be with safety so withdraw n from their re- 3"sec.S5. Andbeit further enacted. That it shall be the J^^Z duty of the physician general, with two or more hospital ^^y™ surgeons, to frame a system of directions relative to th0^';;;^";^'*-; description of patients to be admitted into the hospitals;IX'&c.0 'm'' to the means of promoting cleanliness iu the hospitals; to the prevention of idleness, skulking, and gambling, in the hospitals; to the prevention of the spread of infec- 13 98 tioiis distempers in the camps and hospitals, and the goj vernment of nurses, and all others charged with the care of the sick in camps or hospitals, subject, in the first instance, to the approbation and revision of the commander-in-chief, the commander of a separate army, or in a separate district, as the case may be, and. even- proviso; the di- tuallv, to the approbation and control ofthe president of sSnftc. the United States: Provided always, That the said di- nnfcss°-&ca,ive' rections. having received the sanction ofthe commander- in chief, or the commander of a separate army, shall he operative, and remain in full force, unless altered or an- nulled by the president ofthe United States. Sec 6. And be it further enacted, That the compen- Compensation & . J ,rr> 1111 i» 11 allowance for sations of the said several offu ers sball be as tollow s: sewraiofficerseof the phvsirian-general, one hundred dollars pay per mentioned. mollt|,. and fifty dollars per month, which shall he in full compensation for forage, rations, and travelling ex- penses: of the purveyor, one hundred dollars pay per month, in full compensation for his services, and all ex- penses: of the apothecary general, eighty dollars pay per month, and thirty dollars per month, in full compen- sation for forage, rations, and all expenses: of each of his deputies, fifty dollars pay per month, and sixteen dollars per month, in full compensation for forage, ra- tions, and all expenses: of each hospital surgeon, eighty dollars pay per month, and forty dollars per month, in full compensation for forage, rations, and all expenses: of each mate, thirty dollars pay per month, and twenty dollars per month, in full compensation for forage, ra- tions, and all expenses: of each steward, twenty-live dollars pay per month, and eight dollars per month, in Proviso;none of full compensation for forage, rations, and all expenses: iied0topay,fcc."-P'-ovirfed, That none of thi* officers aforesaid shall be en- aci'uLi'serWc"!0 titled to any part of the pay or emoluments aforesaid, until they shall, respectively, be called into actual ser- vice. Temporary and Sec. 7. And be it further enacted, That, for the ac- permanent hos- _ ._ i .*.• p > • .. n . piMismaybe commouation of the sick of the army and navy of the Prided, &c. United States, the physic ian-gencraf, and hospital sur- geon of senior appointment, with the approbation ofthe general commanding the arim within the district where he shall he, shall have power to provide temporary hos- pitals; and the physician-general, with the approbation The officers of the president of the United States, shall have power ersof to r°vi^e ^establish permanent hospitals. .abi.Tn^lwbe ff , ^further enacted. That all the said iiab.eio'ii'eniie,,,mcers, and others, shall, as touching their several otfi- a„d regulations ccs mif\ duties, be liable to the rules and regulations for 99 the government and discipline of the army; and shall heforthegoTern- * bound to obey, in conformity with law and the usages JS^ofthe anny, and customs of armies, the orders and directions of the fcc> chief military officers of the respective armies, and within the respective districts in which they shall re- spectively serve and be. Sec 9. And be it further enacted, That the physi-The physician cian-general, or, in his absence, the senior medical offi- tS^^l^S** cer, with the approbation of the commander-in-chief, orbo»rd>&c' commanding officer of a separate army, be, and hereby is, authorized and empowered, as often as may be judged necessary, to call a medical board, which shall consist of the three senior medical officers, then present, whose duty it shall be to examine all candidates for employ- ment or promotion in the hospital department, and cer- tify to the secretary of war the qualifications of each. [Approved, March 2, 1799.] CHAPTER XXXIX. An act giving eventual authority to the president of the United States to augment the army.* Sec 1. Beit enacted by the Senate and House of Re- in case of war, presentatives of the United States of America in Congress ^^^^^ assembled. That, it shall be lawful for the president of*^™^ the United States, in case war shall break out be raised. tween the United States and a foreign European power, or in case imminent danger of invasion of their territo- ry by any such power, shall, in his opinion, be disco- vered to exist, to organize and cause to be raised, in addition to the other military force of the United States, twenty four regiments of infantry, a regiment and a battalion of riflemen, a battalion of artillerists and en- gineers, and three regiments of cavalry, or such part thereof as he shall judge necessary; the non-commis- sioned officers and privates of which to be enlisted for a term not exceeding three years, and to be entitled each to a bounty of ten dollars; one half to be paid at the time of enlistment, and the remainder at the time of joining the regiment to which they may belong. Sec 2. And be it farther enacted, That the president Thepresident, of the United States be authorized, whenever it shall j^^r appear to him expedient, if during the session of the Mone,amhorjzed seriate, with their advice and consent, if in their rc< ess, commission offi- cers, &c. •The 1st and 2d sections of this act expired by the operation of the 11th section; the powers thereby conferred, not having been continued for a longer time. 100 alone, to appcint and commission all officers for the said troops, agreeably to the rules and regulations prescribed by law for the military establishment: Provided, That Pmsi^pwrai the general and field officers who may be appointed in a,,d new officers th J except captains and subalterns who may be e r calling forth the militia to exe- cute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for these purposes."! Sec 8. And be itfurther enacted. That it shall not beT]ie pres;dent lawful for thepresident of United States to accept anot to atct'i", a ' . , , . <» i greater number greater number of the said volunteers, in any of the<»f volunteers in states or territories ofthe United States, than is herein- &£ than V here after apportioned to them, respectfully; that is to say:aPr°™°"«»'&<-- To New Hampshire, three thousand; to Massachusetts, ten thousand; to Rhode Island, one thousand; to Ver- mont, two thousand; to Connecticut, five thousand; to New York, seven thousand; to New Jersey, five thou- sand; to Pennsylvania, ten thousand; to Delaware, one thousand; to Maryland, five thousand; to Virginia, ten thousand; to Kentucky, one thousand; to North Caroli- na, seven thousand; to Tennessee, one thousand; to South Carolina, four thousand; to Georgia, fifteen hun- dred; to North Western Territory, one thousand; and to Mississippi Territory, five hundred. Sec 9 And be it further enacted, That for the exe-g2000(000 ap. cution of this act, if it shall be found necessary to carry i;™pri»'«U<>r ' . . „, , , J J the execution «f it, or any part oi it, into effect, there be appropriated this a«. the sum of two millions of dollars; and that the president be authorized to borrow, on behalf ofthe United States, ™IV™^ the said sum, or so much thereof as he shall deem neces borrow money, sary, (which the bank of the United States is hereby empowered to lend) and upon such terms and conditions, as he shall judge most advantageous to thc United States: *See chapter 3*. fSee Appendix, chapter 3. 10S the proviso; the v.Vrovided, That such terms and conditions, shall not re- p^ytheTumbmtstiain the United States from paying off the sum which rowed after is may be borrowed, after the expiration of fifteen years. Sec 10. And be it further enacted. That so much as snrpiusofduf.es may be necessary of the surplus of the duties on imports f,!'.'Ve 'inu'rtstan(* tonnage, beyond the permanent appropriations here- "'^ ..rincipai of toforc charged upon them by law, shall be, and hereby oftn' c'' is, pledged and appropriated for paying the interest of all such moneys as may be borrowed pursuant to this act, according to the terms and conditions on which the loan, or loans, respectively, may be effected; arid also for paying, by discharging, the principal sum or sums of any such loan or loans, according to the terms and conditions to be fixed as aforesaid. The powers vest- Sec 11. And be it farther enacted, That the powers, d^iitnbyhtiiePut"*'}y the first and second sections of this act vested in the and 2d sections president ofthe United States, shall cease at the expira- ofthis act, to ■ ... ,, ' , cease, ifec. unless tion ot the session ot congress next ensuing the present, ^nunued by unless they shall he, by some future law, continued in force for a longer time. [Approved, March 2, 1799.] CHAPTER XL. An act authorizing the president of the United States to fill certain va- cancies in the army and navy. The president Sec 1. Be it enacted by the Senate and House of Re- rnake"^?oint presentatives of the United States of America in Congress £Si,«Mn*■iB<'ina■*•,■5mW■5<', lnat thc president of the United States shall thearmy and be, and he is hereby, authorized to make appointments to fill any vacancies in the army and navy, which may have happened during the present session of the senate. [Approved, March 3, 1799.] navy CHAPTER XLI. An act for the better organizing of the troops of the United States, and for other purposes.* Sec 1. Be it enacted by the Senate and House of Re- KoST ^presentatives ofthe United'States of America in Congress assembled, That the troops heretofore authorized, and which hereafter may he authorized, to bc raised, shall be composed and organized as follows, to wit: A regi- •Repealed and supplied by act of 16th March, 1802, chapter 46 so far as it conflicts with the provisions of that act Sec ions 8 22 23 and c,4 do not appear to come within the operation of thc repealing daus'e 108 tnent of infantry shall consist of one lieutenant-colonel-a regiment of commandant, two majors, first and second, one adjutant,1" one quartermaster, and one paymaster, each being a lieutenant, one, surgeon, and two surgeon's mates, ten captains, ten first and ten second lieutenants, besides the three lieutenants before mentioned, ten cadets, two sergeant-majors, two quartermaster sergeants, two chief musicians, first and second, twenty other musicians, forty sergeants, forty corporals, and nine hundred and twenty privates, which, together, shall form two batta- lions, each battalion of five companies: A regiment of a regiment of ca. cavalry shall consist of one lieutenant-colonel-command- ant, two majors, a first and second, one adjutant, one quartermaster, and one paymaster, each being a lieu- tenant; one surgeon, and two surgeon's mates, ten cap- tains, ten first and ten second lieutenants, besides the three lieutenants before mentioned, ten cadets, two sergeant-majors, two quartermaster-sergeants, two chief musicians, first and second, ten other musicians, forty sergeants, forty corporals, and nine hundred and twen- ty privates, including ten saddlers, ten blacksmiths, and ten boot makers; which, together, shall form five squad- rous, each squadron of two companies: A regiment of a regiment oi artillery shall consist of one lieutenant-colonel-com-a'nlltr>' mandant, four majors, one adjutant, one quartermaster, and one paymaster, each being a lieutenant; one sur- geon, and two surgeon's mates, sixteen captains, thirty- two lieutenants, besides the three lieutenants before mentioned, thirty-two cadets, four sergeant-majors, four quartermaster-sergeants, sixty-four sergeants, sixty- four corporals, one chief musician, ten other musicians, eight hundred and ninety-six privates, including one hundred and twenty-eight artificers, which, together, shall form four battalions, each battalion of four com- panies: Provided always, That the number of privates Proviso. the raised, and to be raised, for the regiment of cav.alry,"'™^^, and the regiments of infantry heretofore authorized,^d"^cto,v shall not exceed the number, resp#iively, for which pro-*** ' vision hath been made by law; nor shall the battalion-me battalion or of riflemen, nor the two additional troops of cavalry {j-^'JdtS- authorized by this act, be raised, until further P'^vi-J^^fglL siin shall be so made, unless war shall break out be- tween the United States and some European prince, potentate, or state, in which case it shall be lawful for the president of the United States, at his discretion, to cause the said regiments, or any of them, to hc several- ly completed to their full establishment. Sec 2, And be it farther enacted, That every ensign Ensigns and cor- 104 netstobedeno, and cornet, in the regiments heretofore appointed, shall n.inated 2d l.eu-^e (|cnomiriated hereafter second lieutenants. Sec 3. And be itfurther enacted. That the officers, JhT.inwV0^ officers, and privates, hereinafter comn.i,si '&<-•■ cation by an officcr, to grant a writ of habeas corpus, returnable before himself: and upon due hearing and examination, in a summary manner, to discharge the non-commissioned officer, artificer, private, or musician, from such arrest, taking common bail, if required, in any case upon mesne process, and commit him to the applicant, or some other officer ofthe same corps. Sec 5. And be it further enacted. That each non->T°»-(,o"imi,>-'";'- in. ^ . . , • n , . . id officers, pri- commissioned officer, private, artificer, and musician,>.ne>. &c. to be who shall hereafter bc enlisted for the army of ti^^^1-1^' United States, shall he able bodied, and of a size and age suitable for the public service, according to the di- rections which the president of the United States shall and may establish; and shall be entitled to a bounty of It 106 twelve dollars: but the payment of four dollars thereof Bountyof«i2. ^^ ^ f,efpl.red unti, he*sna]i |,aVe joined the army. And each commissioned officcr, who shall be employed in the recruiting service, shall be entitled to receive, for each such non-commissioned officer, and private, and artificer, and for each sufficient musician, duly en- K?erTfort"listed and mustered, the sum of two dollars, the same SdngTsE'*' heing iu full compensation for his extra expenses in thc execution of this service. when amcm Sec. 6. And be it farther enacted, That when any of- a.edetached.to firPI. s|,aj] ue detached from a regiment, to serve as an fcc!eth';r"piaVesaid to a general officer, or as assistant or other inspec- P"omM!on''^bytor, or as an assistant to the quartermaster-general, by mems'Xl"1 whatsoever name, or as an assistant to the adju- tant-general, by whatsoever name, the place of such offi- Thi-offiecrde. cer in his regiment shall be supplied, by promotion or it''!•■'i!mm"l".,10W appointment, or both, as may he requisite; but the ihcic,,,&c. officer detached shall, nevertheless, retain his station in his regiment, and shall rank and rise therein, in the same manner as if he had not been detached. ofiWrs appoint- Sec 7. And be itfurther enacted. That no officer shall atC^r^ouo be appointed as the inspector of a division, who, when ™.ik?timn those appointed, shall be of a rank higher than that of major, mentioned. or as the inspector of a brigade, who, when appointed, shall be of a rank higher than that of captain, or as the aid of a major-general, who, when appointed, shall be of a rank higher than that of captain, or as the aid of a brigadier-general, who. when appointed, shall be of a rank higher than that of first lieutenant, or as the quartermaster of a division, who, when appointed, shall be of a rank higher than that of captain, or as the quar- termaster of a brigade, who. when appointed, shall be of a rank higher than that of C.vy.i lieutenant, or as an as- sistant to the adjutant-general, who. when appointed, shall be of a rank higher than \\:\\t of captain. Two-regiments Sec 8. And be it farther erected, That, in the ordi- t«oabri^destoar|ary arrangement ofthe aru.v, two regiments of infan- division.fcc try. or cavalry, shall constitute a brigade, and shall be Sln'n'.'idifw ge commanded by a brigadier -general; two brigades, a di- mraimay*ary, vision, and shall be commanded by a major-general. Provided always. That it shall be in the discretion of not ^render";! the commanding general to vai \ this disposition, when- JSnTK.^ ev.pr l,e K,»«" .ii,(1.^ jt |"-"|>er: And provided also, That ?aToffi.rer[E&ce",',is act K'ia'"' not lcm'tM' '* necessary to appoint any sooneri&ci ' grea'er number of general officers than have been here- tofore authorized by law, sooner than, in the opinion of the president, the military service of the United States shall require it. 107 Sec 9. -And be it farther enacted, That a commander Ar^™™nd^al] ofthe army ofthe United States shall be appointed, andbeappomud. commissioned by the style of ''general of the armies of the United States;" and the present office and title of lieutenant-general shall thereafter be abolished. Sec .10. And be itfurther enacted, That there shall a quartermaster he a quartermaster-general of the army of the United fJ:mral&°cf lhe States, who shall be entitled to the rank, pay, emolu- ments, and privileges, of a major-general. Sec 11. And be it farther enacted, That it shall beTlM, residt.nt lawful for the president ofthe United States, at his dis-may r*i.e a bat» cretion, to organize, officcr, and raise, a battalion of ri- men"&c " flemen, to consist of the same number of officers and mew, and to be entitled to the same pay and emoluments, whatsoever, as a battalion of infantry ofthe line. Sec 12. And be it farther enacted, That to any army Deputy qoarter. of the United States, other than that iu which the quar- ma?,!-rse^1?'1? iin ,i i ■ ■ • • division and bn- termaster-general shall serve, there shall be a deputy gaov q.i.rter- quartermaster-general, who shall be a field officer, and be^hilsVn b]-'th* who, in addition to his other emoluments, shall be en g"*eVui,n&e.er titled to fifty dollars per month, which shall be iu full compensation for his extra services and travelling ex- nenses; but the provisions of this act are not to affect the^,. 1 i i l i c i ,. i r t - i T"e provision of present quartermaster-general ot the army of the United tin, m* uut ^f States, who, in case a quartermaster-general shall bequanernlaTter11 appointed by virtue of this act, is to act as deputy quar-se,,era1' &c* termaster-general. and shall hereafter have the rank of lieutenant-colonel; and that, to every division of an army, there shall bc a division quartermaster, who, iu addition to his other emoluments, shall be entitled to thirty dollars per mouth, which shall be iu full compen- sation for his. extra services and travelling expenses; and that, to every brigade, there shall he a brigade quartermaster, who, in addition to his other emoluments, shall be entitled to twenty-four dollars per mouth, which shall be in full compensation for his extra services and travelling expenses; each of which officers shall be chosen by the quartermaster-general, from among the regimental officers. Sec 13. And be itfurther enacted, That, to any army of D^nty inspector the United States, other than that in vvhich the inspectcir-ia.^Vtm-s.bng-11 general shall serve, there shall be a deputy inspector-f^'X^n^, general, who shall bc a field officer, and who, in addi-jJ^nsg£,or6«i tion to his other emoluments, shall he entitled to fifty dollars per month, which shall be in full compensation for his extra services and travelling expenses; and that, to every division of an army, there shall be a division inspector*, who, in addition to his other emoluments, shall 10b be entitled to thirty dollars per month, which shall be in full compensation for his extra services and travel- ling expenses; and that, to every brigade, there shall be a brigade inspector, who, in addition to his other emo- luments, shall he entitled to twenty-four dollars per month, which shall be in full compensation for his extra services and travelling expenses; each of which officers shall be chosen by the inspector-general, from among the regimental officers. The deputy inspector-general to be, in every case, approved by the general command- ing the army to which he shall be annexed. e^Ifio'C'ex^f' sec. 14. And be itfurther enacted, That the ad jutant- iicin,a«sw':mtj',i.general of the army shall be, ex-officio, assistant in- spmor general, gp^top.gpr,,,,.^ anj that every deputy inspector-gene- ral shall bc, ex-ollicio, deputy adjutant-general, and shall perform the duties of adjutant-general in the army to which he shall be annexed. Thepaymatter Sec 15. And be it further enacted. That the paymas- ^rTt'ormar'ter-general ofthe armies of the United States, shall al- nppo?iTdl^u'tie?,ways quarter at or near the head-quarters of the main &c« army, or at such place as thc commander-in-chief shall deem proper; and that, to the army on the western fron- tiers, and to detachments from the main army, intended to act separately for a time, he shall appoint deputy pay- Deputy paym»s-masters, who shall account to him for the money ad- rity'&cTketa"vanced to them, and shall each give a bond, in the sum of fifteen thousand dollars, with sufficient sureties, for the faithful discharge of their duties, respectively, and take an oath faithfully to execute the duties of their offices; and the several regimental paymasters shall also give Regimental pay-bond, in the sum of five thousand dollars, with one or Sr&c°Bive more sufficient sureties, and take an oath, as aforesaid, for the faithful discharge ofthe duties of their offices, re- spectively; and that the paymaster-general shall receive compensation of eighty dollars per month, with the rations and forage, the paymaster »• • p , i ., • *. i • . . ° general,deputy, oi a major, in lull compensation for his services and tra- *■*• veiling expenses; and the deputy, in addition to his pay, and other emoluments, thirty dollars per month, in full compensation for his extra services and travelling ex- penses. iiajorgeneralcj- Sec 16. And be it further enacted, That every major- utiedtotwo *id,general of t|,e apmy of the UMited stateg shal- be pJntU tied to two aids, to be chosen by himself, each of whom, Brigadier gener.'" additi°I11 U> ,llS Pft^ a,,(1 °tl,er emoluments, ill his re- al ei.tiUed to onegiment, shall receive twenty-four dollars per month, and ten dollars per month for forage, when not furnished as aforesaid; and that every brigadier-general of the said 109 army shall he entitled to one aid, to be chosen hy him- self, who, in addition to his pay and other emoluments in his regiment, shall receive twenty-four dollars per month, and ten dollars per month for forage, when not furnished as aforesaid. Sec 17. And be itfurther enacted, That the president The presidc-n; ofthe United States bc authorized to engage and ap-poim'twoengi?" point, distinct from the officers ofthe corps of artillerists from*" officers and engineers, two engineers, with the rank of lieute-°,,t1',ev0,r'«uf nant-colonel, and to stipulate and allow to them, re- spectively, such compensations as he shall find necessa- ry and expedient. Sec 18. And be it further enacted, That an inspector An inspector of of fortifications shall be appointed, whose duties shall be appointed,Ls, be assigned by the secretary of war, under the direction ofthe president ofthe United States; that the compen- sation to he allowed to the said inspector, if selected from the corps of artillerists and engineers, in full for his extra services and travelling expenses, shall, besides his pay and emoluments in the corps, be thirty-five dol- lars per month, and if he shall not be an officer in the artillery or army, he shall, iu full compensation for his ^is '""'i*" services and expenses, be allowed the sum of seventy- five dollars monthly, and be entitled to the rank of major in the army of the United States; and in case the said i„ „« the in_ inspector shall be chosen from the corps of artillerists £™;.^ J* and engineers, or army of the United States, his place tori"of.i;rlillei- ,, . ° . ,. , iii -• * i>t«i &c. his place therein shall be supplied by promotion, or a new ap-to be supplied by pointment, or both, as may be requisite; but he shall,?!'™"0110"'01' nevertheless, retain his station in the said corps, or inspector to re- army, and shall rank and rise therein, in the same man- iu"!i!eScorpTne- ner as if he had never been appointed to the said office verlueleS!,» &<-•• of inspector. Sec 19. And be it further enacted, That a ration ofc"mn',,?™,r.arls • • i n ■ i. ■ i' ota'anonof provisions shall henceforth consist ot eighteen ounces ofprovision,&c. bread, or flour; or, when neither can be obtained, of one quart of rice, or one and an half pound of sifted, or bolted, Indian meal; one pound and a quarter of fresh beef, or one pound of salted beef, or three quarters of a pound of salted pork; and, when fresh meat is issued, salt, at the rate of two quarts for every hundred rations; soap, at the rate of four pounds, and candles, at the rate of a pound and a half for every hundred rations: Providcdl[^n'oTth"rt always, That there shall bc no diminution of the ratitiri^^1'^'^ to which any of the troops now in service may be enti-arecutitledi&«:' tied by the terms of their enlistment. Sec 20. And be it further enacted, That every non- Articles of un- commissioned officer, private, artificer, and musician, formclotl""s'"r 110 thearti-ieryand of the artillery and infantry, shall receive, annually, infantry, &c. the following articles of uniform clothing, fo wit: one hat, one coat, one vest, two pair of woollen, and two pair of linen, overalls, four pair of shoes, four shirts, four pair of socks, one blanket, one stock and clasp, and one pair of buckles. suitable clothing Sec 21. And be itfurther enacted, That suitable cloth- foAeherdraS,,s,ing be provided for the dragoons, adapted to the nature *""• ofthe service, and conformed, as near as may be, to the value of the clothing allowed to the infantry and ar- tillery. commanding of- Sec 22. And be it further enacted. That it shall be rausl'^m."^ lawful for the commander-in-chief of the army, or the ke> &c. to i*i>-commanding officer of any separate detachment, or gar- su.d to the troops . °., ... ,. ,.' . * u • 1 not exceeding, rison, thereof, at his discretion, to cause to be issued, &c.except, &c. from time to time, to the troops under his command, out of such supplies as shall have been provided for the pur- pose, rum, whiskey, or other ardent spirits, in quantities not exceeding halt a gill to each man per day, excepting in cases of fatigue service, or other extraordinary occa- sions; and that, whensoever supplies thereof shall be on vinegar to he ■>-band, there shall be issued to the troops vinegar, at the sued whenever, ' , . - f . ° &c. rate of two quarts for every hundred rations. Sec 23. And be itfurther enacted, That it shall be commanding of-lawful for the commanding officer of each regiment, ncers may cause . . ' , c^bes co be ai- whenever it may be necessary, to cause the coats, vests, ru.ct'cT33 and overalls, or breeches, which may. from time to time, be issued to and for his regiment, to be altered and new made, so as thc better to fit them to the persons, re- spectivcly, for whose use they shall be delivered, and for defraying the expense of such alteration, to cause to be _ , . , deducted and applied, out of the pav of such persons, a Seduction from * *, ,. * * _ * „ ■ ■ , payforiheex- sum or sums, not exceeding twcuty-hve cents for each cuXsf&c!e"necoat, eight cents for each vest, and for each pair of overalls or breeches. clothing,camp Skc- 24- ^nd be it further enacted, That it shall bc iTpmvid^b0. !aufl'1 for the secretary of war to cause to be provided, the secretary of in each and every year, all clothing, camp utensils, and romVicts"&c.ase'equipage, medicines, and hospital stores, necessary for the troops and armies of the United States for the suc- ceeding year, and for this purpose to make purchases, and enter, or cause to be entered, into, all necessary con- tracts or obligations for effecting the same. ,,«• », u „.Sec'25- And be it further enacted, That whenever any d1e:sXcKed,office1, or soldier shall bc discharged from the service FoTed'p^id ""I* Jy xvay «f punishment for an offence, he shall be ranons sufficient allowed his pay and rations, or an equivalent in money, Ill for such term of time as shaU be sufficient to travel from totj^}.|°^eir the place where he receives his discharge to the place deuce, &c. of his residence, computing at the rate of twenty miles to a day. Sec 26. And be it further enacted, That there shall „.. , , b, • ij..i . " i i i • • j. i • Additional al- e allowed to the inspector-general, in addition to hi.siowam.eto the allowance as major-general, and in full compensation gscPect01stnera,j for extra services and expenses in the execution of his office, the sum'of fifty dollars per month, and that he_. . in, i, , .'iii- w. The inspectors shall be allowed a secretary, to be appointed by himself, general allowed with the pay and emoluments of a captain. [Approved, March 3, 1799.] CHAPTER XLIL i part, an act, entitled "An act nited States, and for other pur] Sec 1. Be it enacted by the Senate and House of Re- An act to suspend, in part, an act, entitled "An act to augment the army ofthe United States, and for other purposes "* presentatives of the United States of America in Congress ^"Idec'Tmitu uS assembled, That all further enlistments under the second £,lther 0l^of ' Congress, unless, section of an act, entitled "An act to augment the army &•• of the United States, and for other purposes," shall be suspended until the further order of congress, unless, in the recess of congress, and during the continuance of the existing differences between thc United States and the French republic, war shall break out between the United States and the French republic, or imminent danger of invasion of their territory, by the said re- public, shall, in the opinion of the president of the United States, he discovered to exist. [Approved, February 20, 1S00.] CHAPTER XLin. •\r. act to fix the compensation of the paymaster-general, and assistant to the adjutant general.f Sec 1. Be it enacted by the Senate and House of Re- The paymaster i r. c • r* general to receive presentatives of the United States of America in Congress %no per month, assembled, That the paymaster-general of the army offora^ofTnlijTO the United States, shall receive one hundred and twenty dollars per month, with the rations and forage of a ma- jor, in full compensation for his services and travelling expenses, to be computed from the commencement of the time of his actual residence at the seat of government, •See the act here partially suspended, chap. 36. f Repealed by act of 16th March, 1802—See chap. 46, 112 any thing in the "Act for the better organizing ofthe troops of the United Stales, and for other purposes,"* to the contrary notwithstanding. The pay ofthe Sec 2. And be it farther enacted, That thc pay ofthe ad'iuSm SliS-ai assistant ofthe adjutant general, in addition to his pay .obtgiopei; am| mher emoluments in the line of the army, shall be month, addition- . i, ai, &c. forty dollars per month, which shall he in full compensa- tion for his extra services and travelling expenses, to he computed from thc time of his entering upon actual service. [Approved, April 22, 1800.] Additional com CHAPTER XLIV. An act for the regulation of public arsenals and magazines.f Sec l. Beit enacted by the Senate and House of Re' prnwion\7ok-presentatives of the United States of America in Congress eers ofthe an uo- „;;;mi* i^i 1 q. i ries,!kc. assembled, 1 hat the several officers who now are, or hereafter may he, employed in the armories of the United States, shall he entitled to, and shall receive, the Three rations following compensations, in addition to their pay as es- per day toasu.-tahlishcd by law, to wit: A superintendent of such ar- penntendeiit; i • 1 , a • imomiio.u to a mory, three rations per day, or an equivalent in money; masierarmourer an(j a mastol. armorer, two rations per day, or an equi- valent in money. Fineorimpri- Sec 2. And be it further enacted, That if any person tiein'g'LnificeM shall procure, or entice, any artificer, or workman, re- i^ivuhe1atrslna!s^a'net' or employed in any arsenal, or armory, of the ™K.riesofthe United States, to depart from the same during* the con- tinuance of his engagement, or avoid or'break his con- tract with the United States, or who, after due notice of the engagement of any such workman or armorer, in any arsenal or armory, shall, during the continuance of such engagement, retain, hire, or in any wise employ, harbor, or conceal, such artificer or workman, the per- son so offending shall, upon conviction, be fined, at the discretion of the court, not exceeding fifty dollars, or be imprisoned, for any term not exceeding three months. ^rKf"riit Sec- 3- M be itfarther enacted, That if any artifi- ^'Ir^T ce,'» or workman, hired, retained, or employed, in anv J?20 for breaking .,. , ' ' .'vv*' ■'■ »■«„' or destroying im-puunc arsenal or armory, shall, wantonly and carelest- plemenls.or re- 1,, V.„_„K •„ 1 .. , " rnMngtoperform v» o»eak, impair, or destroy, any implements, tools, or w^ES^ST utcnsils» or an-V stock, or materials for making guns, &c the property ofthe United States; or shall, wilfully and obstinately, refuse to perform the services lawfully as- signed to him, pursuant to his contract, every such pcr- *See chap. 41. +See act of 2d April, 1791, chapter V< US son shall forfeit a sum, not exceeding twenty dollars, for every such act of disobedience or breach of contract, to be recovered in any court having competent juris- diction thereof. Sec 4. And be it farther enacted. That all artificers, Artificers and and workmen, who are or shall be employed in the said a^Seiempt- armories, shall be, and they are hereby, exemnted,e(lfvom n^jaif d. . _ . J „ . \ 1 VM» service and from uring their term ot servrce, from all military service, s"vi,'s as jurors, and service as jurors in any court. &c' [Approved, May 7, 1800.] CHAPTER XLV. An act supplementary to the act to suspend part of an act, entitled "An act to augment the army ofthe United States, and for other pur- poses." Sec 1. Be it enacted by the Senate and House of Re- Thepresident presentatives ofthe United' States of America in Congre.sxrwyiMpe"^mi' tit mi -jinii *r» ^ inai v appoint- assembled, lhat it shall be lawful for the president ol men's under the -, . . ,. acts mentioned, the United States to suspend any further military ap- pointments under the act to augment the army of the United States, and for other purposes;* and under thc ninth section ofthe act for the better organizing ofthe troops ofthe. United States, and for other purposes,! ac- cording to his discretion, having reference to economy and the good of the service. Sec 2. And be it further enacted, That the president Tlte p,.esiapnt ofthe United States shall be, and hereby is, authorized authorized todi,. di j i- 1 ■ .." 1 . charge officer-., empowered to discharge, on or before the fifteenth privates, *«-.ap. day of June next, all such officers, non commissioned mX'-liie1!"" mtntioniti, See. •j>t officers, and private1?, as have heretofore been appointed, ™ commissioned, or raised, under and by virtue of the said iy-^,^- acts, or either of them, except the engineers, inspector of artillery, and inspector of fortifications: Provided at- Prowo; nothing way:. That nothing in this act contained shall be con- iiU-^thered'uc" strued to authorize anv- reduction of the first four regi ti("":r ,lie.«••«',- _ . „ J . . , ~ ments imutioiiin, ments ot infantry, the two regiments of artillerists and engineers, the two troops of light dragoons, or of the ge- neral and other staff, authorized by the several laws for thc establishing and organizing of the aforesaid corps-! Sec 3. And be it further enacted. That to each officer, Tnrcp 'nomhs- 1 n as vacancies happen therein, new appointments he made to the grade of se- cond lieutenants, until their number amount to twenty: Orc-aniraiionof and each rrgimrnt of infantry shall consist <«f one colonel, a n anient of ui- ,. .11 * • i- fanny one lieutenant-colonel, one maj''r. one adjitant, one ser- geant-major, two teachers of music, and ten companies; each company to consist of nr.e captain, one first and one second lieutenant, one ensign, four sergeants, four con-orals, four musicians, and s-xtv four prhates. one brigadier Sec. 3. And be it farther evaded. That there shall bc SuXJ»nP?,-kc>npb,'iSadie«,-Spni'>,al- wi'li °"c «'''-<'<■ camp, who sln.ll be taken from the ca;.ta;ns or subalterns of the line; *The provisions of this act in regard to pav, subsistence, clothing, allowances tor wounds and disabilities, and beiieh's and allowances ge- nerally ,are adi-pted by act oi March 3d, IM5 Tbe residue ma> be con- srdered a, repealed and «.u(i-.lied by that . ct, and those herein refe red to—rite chapr.-r 95, secoo.s 4 and \; see also acts auUuional to this act, chapters It, ^y, 5±, and bO. 115 one adjutant and inspector of the army, to he taken Adjutant and iu. from the line of field officers; one paymaster of the army. onTp'/yma'sier seven paymasters, and two assistants, to be attached to ofthe .in^.fke, such districts as the president of the United States shall direct, to be taken from the line of commissioned otfi paymastersto cers, who, in addition to their other duties, shall have^;i';ih/'^of charge of the clothing of the troops; three military agents, and such number of assistant military agents. Military agents, as the president of the United States shall deem expe- dient, not exceeding one to each military p >st; which assistants shall be taken from the line;'two surgeons, Surgeons•&c, twenty-five surgeon's mates, to be attached to the gar- risons or posts, and not to corps. Sec 4. Andbeit further enacted, That the rn >iithlvMo"thk p"? w pay ot the officers, nori-commissioiied officers, musicians, eonnm* oi..d of. and privates, be as fallows, to wit: to the bngadier-ge- &"'*' t,matcS' neral, two hundred and twenty five dollars, which shall be his full and entire compensation, without a right to demand or receive any rations, forage, tra\elling ex- penses, or other perquisite or emolument whatsoever, except such stationary as may be requisite for the use of his department; to the adjutant and inspector of the army, thirty eight dollars, in addition to his pay in the line, and such stationary as shall be requisite for his department; to the paymaster ofthe army, one bundled and twenty dollars, with ut any other emolument, ex- cept such stationary as may he requisite iu his depart- nfent, and the use of the public office now occupied by him; to the aid de-camp, in addition to his pay in cite line, thirty dollars; to each paymaster attached to dis- tricts, thirty dollars, and each assistant to such pay- master, ten dollais, in addition to his pay in the line; to each military agent, seventy six dollai >, and no other emolument; to each assistant military agent, eight dol- lars, in addition to his pay in the line; except the assis- tant military agents at I'ittsburg and Niagara, who shall receive sixteen dollars, each, in addition to tneir pay in thc line; to each colonel, seventy five dollars; <.o each lieutenant-colonel, sixty dollars; to each ma- jor, fifty dollars; to each surgeon, forty-five dollars; to each surgeon's mate, thirty dollars; to each adjutant, ten dollars, in addition to his pay in the line; to each captain, forty dollars; to each first lieutenant, thirty dollars; to each second lieutenant, twenty-five d.dirtis; to each ensign, twenty dollars; to each cadet, ten dol- lars; to each sergeant major, nine dollars; to earn ser- geant, eight dollars; to each corporal, seven dollar^ to 116 each teacher of music, eight dollars; to each musician, six dollars; to each artificer, ten dollar.-;; and to each private, five dollars. Sec 5. And be it farther enacted. That the commis- Ratiom for com-sioned officers aforesaid, shall be entitled to receive, for missioned officers their dai|y gi|bsistcnce> the following number of rations of provisions: a colonel six rations; a lieutenant-colonel, five rations; a major, four rations; a captain, three ra- tions; a lieutenant, two rations; an ensign, two rations; a surgeon, three rations; a surgeon's mate, two rations; a cadet, two rations; or money in lieu thereof, at thc option of the said officers and cadets, at the posts, re- spectively, where the rations shall become due; and if at such posts supplies are not furnished by contract, then such allowance as shall be deemed equitable, having re- ference to former contracts, and the position of the Rations for ™n. place in question: And each non-commissioned officer, nr.tpriv'^s?f" musician, and private, one ration; to the commanding alraTilf.,^o^''ffieers of each separate post, such additional uumber'ot' nvwiding officers ratjons as f|,c president of the United States shall, from of separate posts, _ _ i . , i ., • I • &c. nine to time, direct, having respect to the special cir- cumstances of each post; to the women who may be al- Rauons for wo- ., ,. , j 1 • * i .. m.n aii..we.i to lowed to any particular corps, not exceeding the propor- ».i.y cur]*&c (i()|i of j..u||. t() a compal]y, one ration each; to such ma- t^.!ls"nd0uIu1rS*es,trons and nurses as may be necessarily employed in the &c- hospital, one ration, each; and to every commissioned officer who shall keep one servant, not a soldier of the line, one additional ration. * Sec 6. And be it farther enacted, That each ration Each ration to shall consist of one pound and a quarter of beef, or consist ot the ar- . „ * , .. . J . . £, ticieS. aid the three quarters ot a pound ot pork, eighteen ounces ot uoued'.c'es 'mc"' bread or flour, one gill of rum, whiskey, or brandy, and at the rate of two quarts of salt, four quarts of vine- gar, four pounds of soap, and one pound and an half of candles, to every hundred rations. Sec 7. And be it further enacted, That the following Allowance in «• in i <• • .. • • i ■ . i lieu of forage. officers shall, whenever forage is not furnished by the public, receive at the rate of the following sums per month in lieu thereof: each colonel, twelve dollars; each lieutenant-colonel, eleven dollars; each major, ten dollars; each adjutant, six dollars; each surgeon, ten dollars; and each surgeon's mate, six dollars. Sec 8. And be itfurther enacted. That every non- f*fn^ISlf-rolnrai8si»»ed officer, musician, and private, of the ar- anidt;waufof"!i,,ei'y ?n(1 'Gantry, shall receive, annually, the follow- •a^rtdiery and iug articles of uniform clothing, to wit: one hat, one coat, one vest, two pair of woollen, and two pair of linen, 117 overalls, one coarse linen frock and trowscrs for fa- tigue clothing, four pair of shoes, four shirts, two pair of socks, two pair of short stockings; one blanket, one stock and clasp, and one pair of half gaithers: and theTheseei.etary of secretary of war is hereby authorized to cause to be J^J^*1^ furnished to the paymasters of the respective'districts, furnished with . ,. i ". i ■ > i „.!•„ 4. surplus clothing such surplus of clothing as he may deem expedient, forthe soldiers, which clothing shall, under his direction, be furnishedp™^.1 to the soldiers, when necessary, at the contract prices, and accounted for by them out of their arrears of month- ly I)a.v- ' Sec 9. And be it farther enacted, That the prudent ^^^^ of the United States cause to be arranged the officers, form the corps .... . . , • . ..authorized hy non-commissioned officers, musicians, ana privates, ot this an, out of the several corps of troops now in the service of the^^^^'- Lnited States, in such manner as to form and complete, out of the same, the corps aforesaid; and cause thc su- supernumerary pernumerary officers, non-commissioned officers, musi-^£'"to*'£ 5J cians, and privates, to bc discharged from the servicecharge, &c of the United States, from and after the first day of April next, or as soon thereafter as circumstances may permit. Sec 10. And be it further enacted, That the officers, The officers ami ■ r». . . i • , ,. privates to be gv>- non-cornmissioned officers, musicians, and privates, ot ri.TIltd uy the the said corps, shall be governed by the rules and arti-^^mS cles of war, which have been established by the United jfs,°(|d\^:esuib" States iu congress assembled,* or by such rules and ar- ticles as may be hereafter by law established:! Provided, nevertheless. That the sentence of general courts-mar-oV^l'aTioum tial, extending to the loss of life, the dismission of a,1,ai,tial. ex1w,Kl«. •~ ' nig to the loss ot commissioned officer, or which shall respect the general jjte. &c. to he officer, shall, with the whole of the proceedings of such j^isiden^&cc cases, respectively, be laid before the president of the United States, who is hereby authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper. Sec 11. And be it farther enacted, That the commis- Recruiting om- sioned officers who shall be employed in the recruiting ^"^Ifi*? service, to keen up, by voluntary enlistment, the corps eviry person ihey e -j i ii i x-.i i i. • v \. enlist, fucol the as aforesaid, shall be entitled to receive, lor every et- description meu- fective, able bodied citizen of the United States, who*10" shall be duly enlisted by him, for the term of five years, and mustered, of at least five feet six inches high, and between the ages of eighteen and thirty-five years, the sum of two dollars: Provided, nevertheless, That this re- Sac- culation, so far as respects the height and age of the re- and age not to & ' y ... * . . ° ,° , .• extend to lnusi- cruit, shall not extend to musicians, or to those soldiers cians,&c *See chapter 2, with its supplements. +See chapter 50. 118 proviso-,„oper-who may re-enlist into the service: And provided, also, sonuiid,T21 m j-| t n<( |„.,.sr,n under the age of twenty-one years shall ou'con^ntoViiil^e '♦listed bv anv officer, or held in the service of the oZ'sSLi.* United States, without the consent of his parent, guar- persons contra,^ (|iar|< ()|, lliasti'i", first had and obtained, if any he have; fe.^bo.mtj01 ar!(j if a„y officer shall enlist any person contrary to the audtluUu"i>'&ctrue intent and meaning of this act, for every such of. fence he shall forfeit and pay the amount of the bounty and clothing which the prison so recruited may have received from the public, to be deducted out of the pay and emoluments of such ofiicer. * Sec I'2. And be it further enucted, That there sliall Bonny of«12 he allowed and paid to each etfecthe able bodied citizen, ' rerruited as atoresaid. to serve for the term of five years, a bounty of twelve dollars; but the pay ment of six rrSu,a^dl;,,dlnrs of the said bounty shall be deferred, until he fe-rcd-fcc shall he mustered and have joined the corps in which he is to serve. Sec 13. And be it further enacted, That the said corps Arrears ot pay «/ ill* not jo exceed ^ shall be paid in such manner that tbe arrears snail, at no time, exceed two months, unless the circumstances of the case shall render it unavoidable. Sec 14. And be it farther enacted, That if any offi- vre?dSisabfeQPb>'rer, non-commissioned officer, musician, or private, in woumis.&c. to the corns composing the peace establishment, shall bo bt placed on the I ' y * . . ,, listoimvaiuis,atdisabled by wounds or othenvise, while m the line ot b/uirecatiJbyl°his dutv, in public service, he shall be plated on the list the pies-dent, of invalids of the United States, at such rate of pay, and under such regulations, as may be directed by the pre- sident ofthe United States, for the time being: Provided always, That the compensation to be allowed for such Proviso;compen- wounds or disabilities, to a commissioned officer, sliall nation ha-wounds . . &.c.iioiioexcetd not exceed, for the highest rate ot disability, half the <£«,&£" ° "monthly pay of suth officer at the time of his being disa- bled or wounded; and that no officer shall receive more ^"L^und, than the half pay of a lieutenant-colonel; and that the m^ionedorhe'ers,ate °' compensation to non-commissioned officers, mil- a>«iprivatei,iiotsiciiii!s, and privates, shall not exceed five dollars per Proviso;aiiow- month: And provided, also, That all inferior disabilities STfil! mierior shall entitle the person so disabled to receive an allow- abilities. ance proportionate to the highest disability. Half pay for five Sec« l5> And be it further enacted, That if any rom- do^„rchiidrtnmissi,,n.ed offit,e»" >»» the military peace establishment of of commissioned the United States, shall, while in the service -of the fron^«ouli'dsere- United States, die, by reason of any wound received in Sei&a"uai a(tuHl service of the United States, and leave a widow, or, if no widow, a child or children under sixteen years 119 of age, such widow, or if no widow, such child or chil- dren, sliall he entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. But^1?^.,e0j.n' in case of the death or intermarriage of such widow, the widow, &c. bP , i . n r. j l ,',p "a'f Pav' *""" etore the expiration of the said term of five years, the to go to the chii- half pay. f<»r the remainder of the time, shall go to thet,ren" child or children of such deceased officer: Provided al-Vrov,f'the^ pay to ctase on ways, That such half nay shall cease on the decease ofthed.ath of the V t •• , , ., , ' J children. such child or children. Sec 16*. And be it farther enacted, That the pay mas-Thcpaymastei. ter shall perform the duties of his office agreeably to the to perform the dj. n ., . , n , r-r . T r^ ' p 11 dllTlPS Ot hlS oftlCe ircction of the president of the United States tor the oen-eeaWy to the time being; and. before he enters on the duties of the plSen" "give'c same, shall give bonds, with good and s-ifficient sureties, ^^J^dS in such sums as the president shall direct, for the faith-f™t pa)musters, ful discharge of his said office; and shall take an oath to execute the duties thereof with fidelity: and it shall, moreover, be his duty to appoint from the line, with the approbation of the president of the United States, the several paymasters to districts, and assistants, pre- scribed by this act; and he is hereby authorized to re- quire the said paymaster to districts, and assistants, to enter into bond, with good and sufficient surety, for the faithful discharge of their respective duticp. Sec IT. And be it further enacted, That it shall be Military aeon* the duty of the military agents, designated by this art.KrdmUi«r? to purchase, receive, and forward, to their proper des s¥,orrs- e<>"u»fn<". &<■ ■i'»bl«".t,° . . . serve out the full the penalties mentioned in the Miles and articles of war. termortheiren. be liable to serve, for and during such a period, as shall t'he^p.aui.sf&ct 120 r^ce,^ may he with the time he may have served previous to his de* hhTlhho..ghthesertion, amount to the full term of his enlistment; and ten. of enlist- Slir], soldier shall and may be tried bv a court-martial, ment may have .,, ,., ,.,", n i "■ I* . x eiaprd,fee. and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried. Sec 19. And be it further enacted. That every person ro™tondS, who shall procure, or entice, a soldier in the service of purchasing their the United States to desert, or who shall purchase from arms. Jtc. or . . , . . * , masters »fves- any soldier Ins arms, unilorm clothing, or any part .Tetr*eron"rfoard theVeof; and every captain or commandirrg officer of any e^^maySh'P or vessel, whoshall enter on board such ship or i«fii^iori.i. vessel, as one of his crew, knowing him to have dc- juisoii. (I. i i i • serted, or otherwise carry away any such soldier, or si.all refuse to deliver him up to the orders of his com- manding ofiicer, shall, upon legal conviction, be fined, at the discretion of any court having cognizance of the same, in any sum not exceeding three hundred dollars, or be imprisoned, any term not exceeding one year. Sec 20. Andbeit further enacted, That every officer, Officer, and pi-i-non-commissioned officer, musician, and private, sliall oath. take and subscribe the following oath or affirmation, to wit: 4iI, A B, do solemnly swear, or affirm, (as the case may be) that I will bear true faith and allegiance to the United States of America, and that I will serve them ^y^oixheoaih.honestly and faithfitliv, against their enemies or opposers whomsoever; and that I will observe and obey the orders of the president of the United States, and the orders ofthe officers appointed over me, according to the rules and ar- ticles of war.9* Sec 21. And be it farther enacted, That whenever a cT„HrmaniT'ilSP'irral court-martial shall he ordered, the president of ...deed, the pre-the United States may appoint some fit person to act as p'.Vnaiiidgend-judgc advocate, who shall be allowed, in addition to his IkSdw^wther pay. one dollar and twenty-five cents for every ir the president (,a.y lic sl!»H he necessarily employed in the duties ofthe d^n»tappoint,said court, and in cases where the president shall not ihe lrigadicr ge- i , , .. .i « . .. erai,&cmay. nave made such appointment, the brigadier-general, or the president of the court may make the same. Sec 22. And be it further enacted, That where any Ri^onahiecom-commissioned officer shall be obliged to incur anv extra )ieusaii"ii for ex- '~ "' ""J pah « tra expuses in-expense in travelling, and sitting on general courts- in'uasSiin/or' martial, he shall be allowed a reasonable compensation fSi™rc,s,i,r SU('h ™tra expense, actually incurred, not exceeding one dollar and twenty five cents per day to officers who are not entitled to forage, and not exceeding one dollar per day to such as sliall be entitled to forage". Sec. 23. And be it farther enacted, That no non- 121 commissioned officer, musician, or private, shall bc ar- rested, or subject to arrest, or to be taken in execution, for any debt under the sum of twenty dollars, contracted before enlistment, nor for any debt contracted after en- listment. Sec 24. And be it further enacted. That, whenever offi**™"^*01* n» ii- ....... , n . . ,,,trs honorably any officer or soldier shall be discharged from the scr-discharged, to be vice, except by way of punishment for any offence, he rSmfuMhe^ shall be allowed Ins pay and rations, or an equivalent|LTh°eh-l"re7pec-8 in money, for such term of time as shall be sufficient for^f "^deuces, him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day. Sec 25. And be it further enacted, That to each com- Additional pay .^.:„..: „ l iu i i h i i ii • . f.ailo\v.'l to officers missioned officer, who shall be deranged by virtue of deran^d by this this act, there shall be allowed and paid, in addition to""' the pay and emoluments to which they will be entitled by law at the time of their discharge, to each officer whose term of service in any military corps of the United States sliall not have exceeded thee years, three months' pay; to all other officers, so deranged, one months' pay of their grades, respectively, for each year of past service in the army of the United States, or in any regiment or corps now or formerly in the service thereof. Sec 26. And be it farther enacted. That the presi- The pr^iem dent of thc United States is hereby authorized and em-",',•;)*'V/u'.gi-8 powered, when he shall deem it expedient, to organize lim's> kt'- and establish a corps of engineers, to consist of one e:i .. ■ , ■ i ' i , . /. • Corps of engi1 gmeer, with the pay, rank, and emoluments ot a major;llierst0ho con- two assistant engineers, with the pay. rank, and emolu l^lf^i^^' ments of captains; two oth *r assistant engineers, with the pay, rank, a ml emoluments, of first li-utenants; tvv-i other assistant engineers, with tie- pay. rank, and emo- luments, of second lieutenants; and ten cadets, with th?_ , , , . . . Cadets and their pay of sixteen dollars per month, and two rations pei Pa>,^c. day: and the prc-ddent of the United States is. in lik" manner, authorized, when hc shall dee n it proper, to ,„„', f"^' p'r°i make such promotions iu thc s;vd corps, with a vieA' t i^;;.J;;''.V1.',^! particular merit, and with >u' v*"**. d to ra ik. s > as not j;^*;*^;^'™ to exceed one c >1 >nel. one lieut-naut-c doc', tw* > nu. rit.'^c.M.», not jors, tour captains, four first hcutnaiN, t mr seconl lieutenants, and so as that the number ofthe wlr.de corj s shall, at no time, exceed twenty officers and < adets. Sec 27. And be itfurther enacted, That the said r|| cor,„ofen. corps, when so organized, shall be stationed at Wesi &»-..**> i.i best*. t» • . ,. ~ „ .. -T . . ,, ... nn-icd at We-.t Point, in the state ol JNew lork, and shall constitute apoiut, constitute 16 122 , .military academv; and the engineers, assistant engi* X.'mTu.r«s,,0(irs. a„d cadets ofthe said corps, shall be subject, at £ dire?,?" all times, to do duty in such places, and on such service, as the president of the United States shall direct. Sec 28. And be it further enacted. That the principal The principal engineer, and, in his absence, 'the next in rank, shall prime^hemi-haVethe superintendence of the said military academy, fitaryacademy, umje,. the direction of the president >>f the Lnited Sfates; and the secretary of war is hereby authorized, at the public expense, under such regulations as shall be xh, secretary of directed by the president of the United States, to pro- nto p-ncne Cl,,.e the neres~,arv books, implements, and apparatus, the necessary ».»■■*.•■■■».■■«•»» .' - I books, &c. fot. tbe use and benefit ofthe said institution. Sec 29. And be it farther enacted. That so much of Arts. *c. within an v actor acts, now in force, as comes within the pur- {hrs^riafed^icNv of this act, shall be. and the same is hereby, re- saving.&c. pealed; sa\ ing. nevertheless, such parts thereof as relate to the enlistments-, or term of service, of any of the troops which hy this act are continued on the present military establishment of the United States. [Ai proved, March 16, 1S02.] CHAPTER XLVII. An act in addition to an act, entitled ''An act fixing the military peace es- tablishment ofthe United States." Sec 1. Be if enacted by the Senate and House of Re- rwn teachers of nresentatives of the United States of America in Congress ta^^^^sttembled, That there be added to the regiment of artil- &c- levists, two teachers of music, whose pay, rations, and clothing, shall be the sane as is by ¥,\\\ allowed to the teachers of music in the regiments of infantry in the service of the United States. Sec 2. And be it further enacted, That the president Thepresident to()ft|,e ij jfc,i Staresbr, and he is hereby, authorized to appoint n teacher . •/ ofthe French appoint one teacher of the French language, and one tCTcher^fVaw-teacher (if drawing, to be attached to the corps of engi- of«^R7£c.,,eei's- whose compensation shall not exceed the pay and emolument of a captain in the line ofthe army. Sec. 3. And be it further enacted. That tbe command- The command- ing officer of the corps of engineers be authorized to en- inr officer oflhei . p „ , , . ' .. °.. _ " eon.,0re.gi i-st, tor a term not less than three years, one artificer, reV"'a'rT1 i1"11 eighteen men. to aid in making practical experi- ^r^.d'^h^D M('Vts' arul for ,,tl,er P«n»f»ses»to ■'Peeive the same pay, wai, &c. rations, and clothing, as are allowed to the artificers and 123 privates in the army ofthe United cuaies; and the same bo inty when enlisted for five years, and to be subject to the rules aud articles of war.* Sec 4 f And be it farther enacted. That the president ^JXSS^** of the United States be, and he is hereby, authorized toio»toth»■■} ^»v assembled, That there shall be appointed, in addition tt.^-ned t'o'g-a.ri-" the surgeon's mates provided for by the-Act fixing tm.™»°-w** military peace establishment of the United States," as many surgeon's mates, not exceeding six, as thepresi- dent of the United Stales may judge necessary, to be attached to garrisons or posts, agreeably to the provi- sion of the said act. Sec 2. And be it farther enacted, That an equivalent *See chapter 67, section 1. f Superseded by subsequent provisions in the civil list. JThe residue of this act relates exclusively to detaching a body of mi- litia, and is, therefore, not inserted here, ^Original act, chapter 46. 121 Ancient in »• »>:i!t Vt<\"W> °P |,,W ^^ ma-V f S»PP1»,«1 Jl"" lr,M,PS malt liquor.or ()f t|,p I ,,jted States, instead of the I'lllll, Whls|v''V, OI' u^Xd ii.7 brandv. which, hv the said act, is made a component runT&r^^part of a ration, at such posts and garrisons, and at such seasons of the year, as, in the opinion of the president ofthe United States, may be necessary for the preser- vation of their health. [Approved, March 26, 1804.] CHAPTER L. An act for establishing rules and articles for the government of the armies of the United States.* , . Sec 1. Be it enacted by the Senate and House of Re- Rules and art i- ... n ., -.* ■• i n. ± p r, • • ti ' „ „ r\es\,y\iWuhRepresentatives of the Lr.ited Slates of America in Congress sta^Jre'.e0^ assembled. That, from and after the passing of this act, S^'^ig'rf1, the following shall be the rules and articles hy which thc this act. armies ol the United States shall be governed: E»er> omcerto Articek 1. Every officer now in the army of the ruhTind'Sa. Uuitt-d States shall, in six months from the passing of tions. j|,js aft? an(| CVrry officer who shall hereafter be ap- pointed shall, before he enters on the duties of his office, subscribe these rules and regulations. officer?and«m- Art. 2. It is earnestly recommended to all officers to'attendXn'ie and soldiers diligently to attend divine service, and all n^ed^nto oflicei's who shall behave indecently or irreverently at andinver.ntiy, any place of divine worship shall, if conim:ssimied offi- und. r p-.un ot , ■ 1 ■ 1 ■ reprimand,hne, cci'S, be urought before a general court-martial, there to he publicly and severely reprimanded hy the presi- dent; if non-commissioned officers or soldiers, every per- son so offending shall, for his first offence, forfeit one sixth of a dollar, to hc deducted out of his next pay; for the second offei.ee, he shall not only forfeit a like sum, but be confined twenty-four hours; and for every like offence, sliall suffer and pay in like manner; which mo- ney, so forfeited, shall be applied, by the captain or se- nior ofiicer of the troop or company, to the use of the sick soldiers of the company or troop to which the of- fender belongs. Reprimand.fine- Art. 3. Any non-commissioned officer or soldier proflZSorgho shall use any profane oath or execration, shall in- execrations,&c cl„. t|,e penalties expressed in thc foregoing article; and a commissioned officer shall forfeit and pay, for'each and every sub offence, one dollar, to be applied as in the preceding article. ♦These rules and articles, with the exception indicated by the note annexed to article b?, remain unaltered and in force at present. 125 Art. 4. Every chaplain, commissioned in thc army cim|ibii«. ab- * , . , i 11 i i I • ii-sriitniK thenv or armies of the United States-, who shall absent Imnsell s,hts. except, from the duties assigned him, (excepting in cases of^^^ sickness or leave of airsence) shall, on conviction there- of before a court martial, he fined not exceeding one mouth's pay. besides the loss of his pay during his ab- sence; or be discharged, as the said court-martial shall judge proper. Aut. 5. Any officer or soldier who shall use con-officersusing ■ i- . r- i i a .i . .,i „ ( contempt nous temptiious or disresjiectful words against the president wol,u a^inst ofthe United States, against the v"-e president thereo1'.^^;^ against the congress of the Unit d States, or a-Hinsr;^Xh?eVedCVc°. the chief magistrate or legislature o any of the United and non-emmis- r~, ..'it i • p i sioned otlicers States in which he may be quartered, it a commissioner! ailds„idiers w ollicer, shall be cashiered, or otherwise punished, as a^^™*1^ court-ma tial shall direct; if a non commissioned officer «f»court-mar- or soldier, he shall suffer such punishment as sliall be inflicted on him by the sentence of a court-martial. officers or soi- Art. 6. Any officer or soldier who shall behave him ^^ht:'svn^ sell with contempt or disrespect towards his command- towards c^- . ii . -ii !• xi a ..inandn.ijottieers, ing officer, shall be punished, according to tbe nature ol to u- punched his offence, by the judgment of a court-martial. eJiirTlnS?1' Art. 7. Any ollicer or stddier who shall begin, excite. Death, kc. for cause, or join in, any mutiny or sedition in any trotipcmngmStiny^" or company in the sen ice of the United States, or iu &c" any party, post, detachment, or guard, shall suffer death. or such other punishment as by a court-martial shall be inflicted. Art. 8 Anv officer, non-commissioned officer, or?ffice"orso1- • ... dR-rs. present af soldier, who, being present at any mutiny or scd'ti oi, a»>utin>, ami . . . . i ,i no. -iideavuiing does not use his utmost endeavor to suppress tlie sa ii", to suppress it, or coming to the knowledge of any intended mutiny,Swi"^'^* d >es not, without delay, give information thereof to hisothei"wise» &c- commanding officer, shall be punished by the sentence of a court-martial, with death, or otherwise, according to the nature of his offence. Art. 9. Any officer or soldier who shall strike hi<°.fficers?rsnI- ». i a. uiers sinking a superior officer, or draw or lift up any weapon or offer superior, x.-. t. 1 . . • . i • ■ • ,. " .. /> i • suffer dea'h. or any violence against linn, being in tbe execution ot hisoti„-r piunsu- office, on any pretence whatsoever, or shall disobey a iy me,,l»&c* lawful cominaud of his superior officer, shall suffer death, or such other punishment as shall, according to the na- ture of his offence, be inflicted upon him by the sentence of a court martial. Art. 10. E*\cry non-commissioned officer or s,d- Non^ommwon. dier, who shall enlist himself in the service of thc United si.idie.-s io have States, shall, at the time of his so enlisting, or within1 eart,cles ° 126 ihe poTemment six days afterwards, have the articles for the govern-^ Jeadei..:i!ii<'-'.N, ment of the armies of the United States read to him^ ai.d take an oath. a||(] s|ia||, |jy the officer wilt) Clllisted llilll, Ol* by 1 lie commanding officcr ofthe troop or company into which he was enlisted, he taken before the next justice of the peace, or chief magistrate of any city or town corpo- rate, not being an officer of the army, or, where recourse cannot be had to thc civil magistrate, before the judge advocate, and, in his presence, shall take the following Formofthe oath or allii mation: "J, A l», do solemnly swear, or af- oaib, firm, (as the case, may be) that I will bear true allegiance to the United States of America, and that I will serve them, honestly and faithfully, against all their enemies or oppo- strs whatsoever, and observe and obey the orders of the. president ofthe United States, and the orders ofthe officers appointed over me, according to the rules and articles for the government of the armies of the United States:" tohgiseSaCcerttfil ^' liic.h justice, magistrate, or judge advocate, is to give eme that the t,|,e officer a certi-hr ate, signifying that the man enlisted oath was taken. .. . . . . . . ,,. " '. did take the said oath or affirmation. Non-cominission- Art. 11. After & non -Commissioned officer or sol- soidieil i'.oiatobedier shall have been duly enlisted and sworn, he shall ^"""^out iT'iHit be dismissed the service without a discharge in disdiarge m writing; and no discharge granted to him shall be' suffi- £cSemlimiliru,"("'ent' wn'c'1 's llot s'S"et' hy a field officer of the regi- aigiiiti by 1 "field ment to which he belongs, or commanding officer where Nodlscinuge, rio field officer of the regiment is present: and no dis- ^oftnicl charge shall be given to a non-commissioned officer, or by'irtSJ s"ld'el"» hefore his term of ser\ ice has expired, but by or- iirrsidrnt, &c. der ofthe president, the secretary of war, the comuiand- Cu.iuiussioiiedof- • xs> i- i . fiu.snut ,„bt ing officer ol a department, or the sentence of a gcnei al sem^bfut court-martial; nor shall a commissioned officer be dis- Sdtn't"^1'"' rha,'Sf,d the service but by order ofthe president of the United States, or by sentence of a general court martial. Smrrf&h . ART* l~' Eve,'3' colonel, or other officer, coinniand- geir^ginients, ing a regiment, troop, or company, and actually quar- fuUougiistoTion-14*^^ N*»«th it, may ghe furloughs to non commissioned fie'rr^ers;011506''801* soldiers, in such numbers, and for so*.on* a &c. tune, as he shall judge to be most consistent with the eoXSng; Su(Hl ot t,lp service; aud a captain, or other inferior olfi- itio'^L,^1'' (fO»n'»anding a troop or company, or in any garri- ficu',rXr!"S0"'i •' °1' barrack» ('1 tlie United States, (his field of- for2oda),ii. 'cer being absent) may give furloughs to non-commis- «„l,l!|butsl()ned officei.s op sol||ie|.Sf tor R t.me n()t exree(ling twenty days in six months, but not to more than two persons to be absent at thc same time, excepting some extraordinary occasion should require it. 127 Art. 13. At every muster, the commanding officer At e^^ breach regiment, troop, or company, there present, sliall officer, fcc .^_ give to the commissary of musters, or other officer w»0mi,Mryofmi"> musters thp said regiment, troop, or company, certifi- %*$$$£*' cates signed by himself, signifying how l«nR such offi-j^k^g*- cers, as shall not appear at the said muster, have been ^-e^b^ absent, and the reason of their absence. In like man-f0II;,flt ner. the commanding officer of every troop, or company. £™'^pf- shall give certificates, signifying the reasons of the ab-on^ta* sencc'of the non-commissioned officers and P"vate so,-£^bj£«*of diers, which reasons, and time of absence, shall be in- serted in the muster rolls, opposite the name of the re- spective absent officers and soldiers. The certificates The certifi- shall, together with the muster rolls, be remitted, by theS^V commissary of musters, or other officer mustering, to-tep-rnnent of the department of war, as speedily as thc distance ot the place will admit. Art. 14. Every officer who shall be convicted, be-officerscomict- fore a general court-martial, of having signed a false si^'fahTcer- certificate, relating to the absence of either officer or ^^J^-« private soldier, or relative to his or their pay, shaii be cashiered. Art. 15. Every officer who shall knowingly make officers making •> , rr false musters, or a false muster of man or horse, and every officer or com- ,iRnin^ false missary of musters who shall willingly sign, direct, or™'£3|j^- allow, the signing of muster rolls, wherein such false ""j^iy1^ muster is contained, shall, upon proof made thereof by &c. two witnesses, before a general court martial, be cash- iered, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States. Art. 16. Any commissary of musters, or other offi- commissaries of cer, who shall be convicted of having taken money, or viotwi of taking other thing, by way of gratification, on mustering any gra^ficalion,on regiment, troop, or company, or on signing muster rolls, j?™-™1*^ shall be displaced from his office, and shall be thereby ^d,0^dis" utterly disabled to have or hold any office or employ- ment in the service ofthe United States. Art. 17. Any officer who shall presume to muster officers mustcr- a person as a soldier, who is not a soldier, shall be ^Jr, who are deemed guilty of having made a false muster, and shall d'£^jEi,y of suffer accordingly. ^lse WMa* Art. 18. Every officer who shall knowingly make officers making a false return to the department of war, or to any of his ^Vp!.rtmer0 superior officers, authorized to call for such returns, "f^™^;0 the state ofthe regiment, troop, or company, or garrison, under his command; or of thc arms, ammunition, cloth- tment 128 ing. or other stores, thereunto belonging, shall, on con- viction thereof before a court inarth'l, be cashiered. commanding of- Art. IP. The commanding officer of every regi- m^^mre-ment, trotip, or independent company, or garrison, of mit ii.'ih.-begin-tjp United States, shall, in the beginning of every month, to the de-m(inf},, remit, through the proper channels, to the de- luirtmentof star •" ' ' „ . an exact return partment of war. an exact return ot the regiment, troop, of the regiment, ; , , . • l l • 1 kc specifying independent company, or garrison, under his command, ctrs,'Xem,f,S'specify ing the names of the officers then absent from their posts, with the reasons for. and the time of, their officers neglect-absence. And anv officer who shall be convicted of ing to send re- . , . - , , . . , , .. , turns, to be pun-having, through neglect or design, omitted sending such isiud, &c. roturns, shall be punished, according to the nature of his crime, by the judgment of a general court martial. S^iislSedof Art- 20- A" officers and sohlicis who have re- iieseriion, &c. toepjved pav, or have been dulv enlisted, in the service suffer death, or „.■.-•.. _, ■ . ,", , , _ oti.tr punish, of the United States, and shall he convicted of having deserted the same, shall suffer death, or such other pun- ishment as, by sentence of a court-martial, sliall be in. flirted. xon-commission. Art. 21. Anv non-commissioned ofiicer or soldier etl (ifluers or s.J. in • ■ ' , 1 <• i • i. ,r. d;.r, ahsenimg who shall, w 11 bout leave lrom his commanding ofiicer, themselves with- • , . • • /• p I • a i a i out u-ave, to he absent himself from Ins troop, company, or detachment, punished,kc s|,aj|# Upon being convicted thereof, he punished,, ac- cording to the nature of his offence, at the discretion of a court-martial. Non-commission- Art. 2-?. No non-commissioned officer or soldier i-d (.Hirers or sol. ,,,,...,... ihersnot 10enlist shall enlist lumsclt in any other regi :ieut. trooj), or r'{im-m.°kc.r,,l"coinpaiiy. without a regular. discharge from the regi- luJ-'disi""^ n,0)d. troop, or company, in which he last served, on officerskmm- t,ie P(Mia'tv <>f being rcpiitpd a deserter, and suffering in^iyrecening ancordiuglv. And in case any officer shall knowingly deserter,, hc. or . \ . . . ^ , „ n J ■.otgivingHotice,receive aud entertain such non-commissioned officer or ^tobecasii- so|diei. or sjiaj| notf arter jlis ijCjllg ,lisrovePe(l to be a deserter, immediately confine him, and give notice thereof to the corps in which he lust served, the said of- ficer shall, by a court-martial, he cashiered. officers or soi- Art. 23. Any officer or soldier who shall be con- dicrs persuading • .. l r> i • * i • i ,. J"".i ui i"ii oih.rsiodes.ri, v ictcu ot having advised or persuaded any oth^r officer orotit-S'ish. or soldier to desert the service of the United States, nicnt.&c. s|,a|| s„ffV,. death, or such other punishment as shall be inflicted upon him by the sentence of a court-martial. officers or soi- Art. 24. No t fficer or soldier shall use any re- InUiVhf"igUn..-^P»'''a(-|iful or provoking speeches or gestures to another, Ki^'i:;''!*"" I>»'"« ''I' an officer, of being ,,„, in arrest: if a sol- fiiledX"1'' ;.,l,,,;• 1rM."fil!0,,» a,,(1 »f "skinS l,il'-(lon of the party of- leuded, in the presence ol his commanding officer. 129 Art. 25. No officer or soldier shall send a dial- officers and «oi- lenge to another officer or soldier, to figKt a duel, or ar-^^i^10 cept a challenge, if sent, upon pain, if aK commissioned diallen^.on omcer, ot being cashiered; it anon-commissioned officer cashiered, orof or soldier, of suffering corporeal punishment, at the dis-re^SSt, cretion of a court-martial. &c' Art. 26. If any commissioned or non-commis- officers com- sioned officer, commanding a guard, shall knowingly 'Llia'"i,!'s,guf^s- or willingly suffer any person whatsoever to go forth to jys p™*"18 &> go fight a duel, he shall be punished as a challenger; aniidueisA'obeVin- all seconds, promoters, aud carriers, of challenges, in or-^!anusea!n"s* der to duels, shall be deemed principals, and be pun-^i."^^^ ished accordingly. And it sliall be the duty of every of- .. , - J J Every officer freer, commanding an army, regiment, company, post,commanding an or detachment, who is knowing to a challenge being&T\uo«mg"o given, or accepted, by any officer, non-commissioned 0f-a.chaUc"^bei,,8 freer, or soldier, under his command, or has reason to re^ai-i .bring L,. . . ... ■ . • ■ . olienders to a elieve the same to be tbe case, immediately to arrest trial, &c and bring to trial such offenders. Art. x:". All officers, of what condition soever, have ah officer, have power to part and quell all quarrels, frays, and disor-^^"11^^ ders, though the persons concerned should belong to&c» another regiment, troop, or company; and either to or- der officers into aircst, or noii-comniissioiied .,;luers or soldiers into confinement, until their proper superior of- ficers snail be acquainted therewith; and w bos..ever shall whoever refuse refuse to obey .such officer, ^though of an interior rank,; ^pumlheti &c or shall draw his swotu upon bin , shaii be punished at the discretion of a general court-martial. Art 28. Any -aicer or soldier who shall upbraid officers or soi- another for reiusing a challenge, shall himself be pun- aliethTu"^™8 ished as a challenger; and all oiiiccis and soldiers are {j?,^, £"£,„, hereby discharged uom anv disgrace, or opinion ol dis-IsUcU "*ciiauen- advantage, wlotn might arise trom their ha. ing refused to accept ol chaiienges, as they will only have acted in obedience to thc laws, and u oil- their diity as good Sol- diers, who suoject t emselves to discipline. Art. 29. -So sutler shall oe permitted to sell any sutlers not P«. kind of liquors or \ictuals, or to keep iheir houses orj^'^'aftej: sh.ijis open for the entertainment ol soluiers, alter ninc1J"1Ci*t"i<,ll< ... ... nor bit,hc ik at- at liignt, or bciore the beating ot the reveille, or uo.miugofiev.,i,e, S. j • . • A. no;- ou sim.i.iys undays during divine service or sermon, on the penal-during d,«.Ue, ty ol being dismissed from all future suttling. service,&c. Art. 30. Ail officers commanding in the field, forts. Commanding 0b barr-ai ks, or garrisons, of the Lniied Slates, are here-j!*j|'""(^.J,u,t by ret; ui red to see that the persons permitted to sutth- l,V ,""itr "''h * 1 I > A\ Ii I. > .me pro. shaii supply the soldiers with good and wholesome pro-vision, &c, 17 130 visions, or other articles, at a reasonable price, as they shall bc answerable for their neglect. Art. Si. IS'o officer commanding in any of the gar- officm com. risons, forts, or barracks, of the Lnitcd States, sliall ":"ur". tl'.exact exorbitant prices for houses or stalls let out to mainline: risons. _ Srbiuntepraitsex"su*tiers, or connive at the like exactions in others; nor, i«'iTsiniers,by his own authority, and for his private advantage, nor beiii.eresicd|ay ai|V clitt^y oi' imposition upon, or be interested in, the tuatis,eiiqtn.rs.&c"sale ofanv victuals, liquors, or other necessaries ol life, t£A£tbrought into the ga.rison, fort, or bariacks, for the use ofthe soldiers, on the penalty of being discharged from the serv ice. Art. 32. Every officcr commanding in quarters, fieerrSp0''"garrisons, or on the march, shall keep good order, and, dr^satase^atidto the utmost of his power, redress all abuses or disor- ster.paration (|ers, which may becomiiiitted by any officer or .soldier ^Yn/uredr&runder his coiiiinand. If, upon complaint made to him, of officers or soldiers beating, or otherwise ill treating, any person, of disturbing fairs or markets, or of com- mitting any kinds of riots, to the disquieting ofthe citi- zens ofthe United States, he, the said commander, who shall refuse or omit to see justice done to the offender or offenders, and reparation made to the party or parties injured, as far as part ol the offender's pay shall enable him or them, shall, upon proof thereof, be cashiered, or otherwise punished, as a general court-martial shall direct. Art. S3. When any commissioned officer or soldier When any com- -- • mission.ii officer si,a|j UL. accused of a capital crime, or of liavinguscd or soldier is ac- . «• • * .1 custiiof a capi violence, or committed any offence, against the persons huNing'"cou^°f or pi■operty of any citizen ol any of the United btates, llneel,e^iLtthesucn as *H punishable by the known Jaws of the land, the i'">°"s"r .""-commanding ollicer, and officers ot every regiment, pern of ciu/.uii, O . •" ° ' &c.'the cm- tl'OOp, Ol' Company, to Which the pel SOU Ol' 1IC1 SOUS SO mantling officers, 1 1 11 i i it I i • &c.an-rcquiri-d,accused shall belong, are hereby required, upon apph- ^w'uiir'Scathin duly made by, or in behalf ol, the party or par- S.Akt'csil)Jlll't''1' to usl' tl,l'ir lltmost endeavors to deliver cused m the civil over such accused person or- persons, to the civil inagis- magisuatt, he. , .... * . . ' , o trate, and likewise to be aiding and assisting to the offi- cers of justice in apprehending and securing the person or persons so accused, in order to bring him or them to ifany^command.trial. If any commanding officer or officers shall wil- ing officer, &c » .. , in , ... negiecuor re. tully neglect, or shall reluse, upon the application afore- overStheaeccuesed,sa>d> to deliver over such accused person or persons to 5*toJd.tobc *l»e civil magistrates, or to be aiding and assisting to the officers of justice in apprehending such person or persons, the officer or officers, so offending, shall be cashiered. 131 Art. 34. Tf any officer shall think himself wronged by his colonel, or the commanding officer of the regi-,hinkThimsdf. ment, and sliall. upon due application being male to*;j^d^^) him, be refused redress, he may com pi am to the general, uponapoiha ion, I -~ _ is ref''sed redress, commanding in the state or territory where such regi-he nayc.mpiain ment shall be stationed, in order to obtain justice; who ^vhVis,u>nex»l., is hereby required to examine into the said complaint,™1™^? &£ and take proper measures for redressing the wrong complained of, and transmit, as soon as possible, to the department of war, a true state of such complaint, with the proceedings had thereon. Art. 35. If any inferior officer or soldier shall if anv inferior think himself wronged by his captain, or other officer, "^'Xnu'."* he is to complain thereof to the commanding officer ofwl"iM1?rtl *"' hM the regiment, who is hereby required to sum non a regi-'stocnmtiiam/o mental court martial, for the doing justice to the com-officer of lh" Ve- plainant; from which regimental court martial, cithtM'^-J^^'sum- party may, if he thinks himself still aggrieved, a!>p?al m,nn,i r'"'in™!; I i . .-i !-..•<• i ■ ' al citt< mirtial; to a general court-martial. But if, up m a second hear-appeal. <«. ing, the appeal shall appear vexatious and groundless, tfthe appeal np. the person, so app^alin^, shall be punished at the discre-tWcrsVn'V tion ofthe said court-martial. pimK^ Art. 36. Any commissioned officer, storekeeper, comm;w..mdof. or commissary, who shall be convicted, at a geuc;-ai fi''ero■,,orf ^p: court-martial, of having sold, without a proper ord r for,,f h™"« sd .. . , . . i- i •!£■ ii without a proper that purpose, embezzled, misapplied, or wilfully, orordr "-. ny through neglect, suffered any of the provisions, forage;a^!*"'",'",;%r." arms, clothing, ammunition, or other military stores. °''rn''l?1:1'':',,v, . ' J su ti—ed a.y of belonging to the Lnitcd States, to be spoiled or da-fh*",,r,>bes:>"iI- ','.,,,.. . , .. . ed. frc to make maged, shall, at his own expense, make good the hiss org>od thei<.ss,for. damage, and shall, moreover, forfeit all his pay, aud beft" pay,!!iL'' dismissed from the service. Art. 37. Any non-commissioned oftver or soldiery-,nemission. who shall be convicted, at a regimental court-inartial.^."^^^;'.'^ of having sold, or designedly, or through neglect, 1,IlviI«s"s"'! 0l*. wasted the ammunition delivered out to him, to be em-ti'^U tobe'1 ployed in the service of the United States, shall be pun-1"11"1' '' ished, at the discretion of such court. Art. 38. Every non-commissioned ofiicer or soldier v.-m-e.m.nissinn- who shall be convicted, before a court-martial, of ha»'iiig^i"r,l*«ivi*«i sold, lost, or spoiled, through neglect, his horse, arin«.^thi,n7'7,,;?';',' clothes, or accoutrements, shall undergo such weekly ',iihVvlnn,> stoppages (not exceeding the half of his pay as siichuude'r-ow^kiv court-martial shall judge sufficient for repairing thr&T,*e,€rw- loss or damage; and sliall suffer confinement, or such other corporeal punishment as his crime shall deserve. Art. 39. Every officer who shall be convicted, bc- 1^2 Offieevs convicted fore a court-mart?al, oHiavirg embezzled or nrsapolied or misMT'icalion any money, with which be may have been intrcsted for ofmo..eyimmst. f|IP ,)aymenf (>f t|jP mPn under his command, or foe en- ed to them for ...'•' ... • n .1 • p the payment of listing men into the service, or lor other piirnoses, u a cashier^.and commissioned officer, shall be cashiered, and compelled Si"1*£re'to refund the money; if a non-commissioned officer, shall ^™°^r^f-be reduced to the ranks, hc put under stoppages until duced.fcc the money be made good, and suffer such corporeal pun- ishment as such court-martial shall direct. . , Art. 40. Every rantain of a troop, or company, is Every captain of • • * ' .". a troop or com charged with the arms, accoutrements, ammunition, CXTrmTafrChithing, or other warlike stores, belonging to the troop iileim^ngto the<>r company under his command, which he is to be ac- troo,''&c°r countable for to his colonel, in case of their being lost, spoiled, or damaged, not by unavoidable accidents, or on actual service. xoncommission- Art. 41. All non-commissioned officers and sol- soidi"rsfoundone^'e,s wno shall be found one mile from the camp without mile from campieave. in writing, from their commanding officer, shall v iu.out lnvein •; . n . . r.. 1 ■ vri-or. i-r. tosulter such punishment as shall be inflicted upon them mem,&c."'5 by 1 lie sentence of a court martial. xo officer or soi- Art. 42. No officer or soldier shall lie out of his di.-rtoiieo.it ofquarters, garrison, or camp, without leave from his su- withouT'leave', perior effirer, upon penalty of being punished, according to the nature of his offence, by the sentence of a court- martial. xon-commission- Art. 43. Everyr non commissioned officer and sol- MidiersTreliredier shall retire to his quarters or tent at the beating of Ihetat.ng"':/'t,,p retreat; in default of which he sliall be punished'ac- the reireat. &c cording to the nature of his offeiu e. No <.ffirtr or soi- Art. 44. No officer, nori-commissioned officer, or Jalrn^to^^'hlicr, shall fail in repairing, at the time fixed, to the Fi,7ot;lPst'i,tedM),arent' \wm.e. of exercise or other rendezvous, ap- ^tavehi^c" P.,,intt'(' b-v l,is commanding officer, if not prevented by foreixiog regu-sickness, or some other evident necessity: or shall jro larljdismissed, p. „, j. _ • 1 1 p 1 .,,.* , " &c Irom the said place of rendezvous, without leave from his commanding officer, before he sliall be regularly dis- missed or relieved, on the penalty of being punished, ac- cording to the nature'of his offence, by the sentence of a court-martial. Any commission. Art. 45. Any commissioned officer who shall he Pel ffi *f*r fttiiiid 4* I J 1 1 • "^ ontiii ub cirunkon RUard,to,,ml drunk on his guard, party, or other duty, shall be &•?,* r«£cl8,,ir.ml- A,,y non-commissioned officer or'soldier so ^ite^7'\"f,n?' ",,a,|18uff"' su^h corporeal punishment as real punishment,shall De lutlicted by the sentence of a court-martial. ike. Cm ing >mine.s sleep- ^l 46* A^ /'^^iliel W llO shall be found sleeping on tiiei,- upon his post, or shall leave it before he shall be regular- 138 )y relieved, shall suffor death, or such other punishment pwt*. fee. tosuf- ii...™. .. . „ , .• i fer death, he. as shall he inflicted bv the sentence of a court uianial. Art. 47. \o soldier belonging to any regiment, ^f^"^ troop, or company, shall hire another to do his duty for ^xcusri^uT him, or be excused from duty, but in cases of sickness, in cases of sick- disabi'ity, or leave of absence; and every such soldier nC5S' found guilty of hiring his duty, as also the party so hired to do another's duty, shall be punished, at the discretion of a regimental court-martial. Non-commission- Art. 48. And every non-commissioned officer con-«i officersic.n- •• i i • • n , p .iiiii I l mvinSa1 hiring1 nivingat such hiring of duty aforesaid, shall be reduced: of duty, to be re- i , n^ i « i ii _ dueed, and com- and every commissioned officer, knowing and allowing missioned offi- such ill practices in the service, shall be punished by ^,d'aHo«Tng,;.t, the judgment of a general court-martial. ^clx Punisht^ Art. 49. Any officer belonging to the service ofAnyoffi(,ei.who the United States, who, by discharging of fire arms,^;™!1^* drawing of swords, beating of drums, or by any other fo-. tosuffer , i n • #• i i • • death, or other means whatsoever, shall occasion false alarms in camp,punishment. garrison, or quarters, shall suffer death, or such other punishment as shall be ordered by the sentence of a ge- neral court-martial. Art. 50. Any officer or soldier who shall, w ithout officers or soi- urgent necessity, or without the leave of his superiot•^^si'ty'o'r" officer, quit h's guard, platoon, or division, shall be leave.quitting • i i i • i p i guard, &c. to be punished, a'cordrig to the nature of Ins odence, by the punished, &c. sentence of a court martial. \rt. 51. No officer or soldier shall do violence to officers and ^u any person who brings provisions or other necessaries violence to"pe'r- to the camp, garrison, or quarters, of the forces of the p^vhrnnfto5 Unt tence ot a court-martial. rnhiicstores Art. 58. AM public stores taken in the enemy's taken in the ene- ,. ' . , , - my'scamp.&c camp, towns, forts, or magazines, whether ot artillery, the^enCi'c.moff°rammunitic)n, clothing, forage, or provisions, sliall be se- *eUS'attl'&c-cured for the service of the United States; for the ne- glect of which the commanding officer is to be answer- able. neath.&c for Art. 59. Tf any commander of any garrison, for- the officers and , 1 11 1 11 1 1 ,. ~ 1 soldier, of any trevs, or post, shall be compelled, by the officers and rani'iSiga soldiers under his command, to give up to the enemy, g^Tup'tothe or to abandon it, the commissioned officers, nori-commis- cccmy,&e. sioned officers or soldiers, who shall he convicted of having so offended, shall suffer death, or such other punishment as shall be inflicted upon them by the sen- tence of a court-martial. smier,, and re- Art. 60. AM sutlers and retainers to the camp, and Xr&cr110^1 P«*™nns whatsoever, serving with the armies ofthe United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war. 135 Art. 61. Officers having brevets or commissions officers having of a prior date to those of the regiment in which tney mission* of a serve, may take place in courts-martial and on detach- {i!('«-!,'i't'he°ngi. ments, when composed of different corps, according tii~j¥^y the ranks given them in their brevets, or dates ot their^;;;-o^ former commissions; but in the regiment, troop, or ™..ks g»eii- company, to which such officers belong, they shall do itm'&t* duty and take rank, both in courts-martial and on de- tachments, which shall be composed only of their own corps, accoi ding to the commissions by which they are mustered in the said corps. Art. 62. If, upon marches, guards, or in quaiters,if,u&ponmarfi- different corps of the army shall happen to join, or do corp,happen to duty together, the officer highest in rank of the line oH™^;,^* ' the army, marine corps, or militia, by commission there, ™^m^: on duty* or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the president of 'the United States, according to the nature of the case. Art. 63. The functions of the engineers being ge-^s™^0 ncral!y confined to the most elevated branch of military suiyectVany » . duty beyond tlie science, they are not to assume, nor are they subject toiii.e of their im hc ordered on, any duty beyond the line of their iiniiie-i"ull>l«cef^1&"c. diate profession, except by the special order of thc pre- sident of the United States; but they are to receive every mark of respect to which their rank in the army may entitle them, respectively, and are liable to be trans- ferred, at the discretion of the president, from one corps to another, regard being paid to rank. General courts- Art. 64. General courts-martial may consist of any '"Torl,',!)'1,"" number of commissioned ottrVcis,' from live to thirteen,^J^1;1;- inclusively; but they shall not consist ot less than thir-1Vo»'5*-o"-3.&c teen, where that number can bc convened, without ma- nifest injury to the service. S^IJSS Art. 65. Any general officer commanding an army, "'■'»«>"'g, t*c. or colonel commanding a separate department, may ap- »erui coum- - a. l . *■ i i 1J> . «"a«ial. c<«:. point general courts martial, whenever necessary, liut Nosei.ui.ee of a no sentence of a court-martial shall be carried into exc- ^"canhd'n.to0 cution until after the whole proceedings sliall have been "t,JL,u""u,"1'1 i proceedings laid before the officer ordering the same, or the officer J™""-.1*^" la,u commanding the troops for the time being; neither shall ordering a"s^* any sentence of a general court-martial, in time oi g^wai^om;"'a peace, extending to the loss of life, or the dismission of a "^^"^j. commissioned officer, or which shall, either in time of y1?'olos1sot,liCe' l I Ui i .... &c. or which, iu peace or war, respect a general officer, be carried into peacem war, rt. execution, until after the whole proceedings shall haveXcuvob^car- been transmitted to the secretary of war, to be laid be-rittl ""°extclt 136 Hon until the fore the president ofthe United States, for his confirma- Kwwm1'011 or disapproval, and orders, in the case. All other thepresident, sentences may bc confirmed and executed by the offi- cer ordering the court to assemble, or the commanding officer, for the time being, as the case may be. officerseom: Art. 66. Every officcr commanding a regiment or nuinding rcg-i- . - . . .° ° ments or corps, corps, may appoint, tor Ii is own regiment or corps, TOuVtMiwrtuii, courts-martial, to consist of three commissioned officers, nttcapiiatnecs f°r the trial and punishment of offences not capital, and decide upon their sentences. For the same purpose, all officers com- officers commanding any of the garrisons, forts, bar- mantling gam- o w •> 7 ▼ s.,.s.&c. may racks, or other places, where the troops consist of dif- asstmble courts- . a . i a a- i • « miu-uai.&c. terent corps, may sssemble courts-martial, to consist of three commissioned officers, and decide upon their sen- tences. xo garrison or Art. 67. No garrison or regimental court-martial ^li;^,^PC's,ia,l have the power to try capital cases, or comims- ert-u to try capi> sioned officers: neither sliall tht y inflict a fine exceeding la!cases,&c. ilM . . * . , . . ° one month's pay, nor imprison nor put to bard labor, any norf-commissioned officer or soldier, for a longer time than one mouth. wherever con- Art. 6s. W believer it may be found convenient and Tti.icnt, (sic. the . ... . . . ... offi..-.-. oi ma- necessary to the public service, the officers ot the ma- S'd«\thoffii,'»IHS «liall be associated with the officers ot the land ft)™e^n.Ji,„,id-,u hnrcs, h>r the purpose of holding courts-martial and h. qj 'An act cstubublimg rules ana articles jor the government oj the aruuca oj tlie 161 luted States,' without partiality, favor, or affection: and if any doubt shall arise, not explained by said arti- cles, according to your conscience, the best of your under- standing, and the custom of war in like cases: and you do further swear, that you will not divulge the sentence of the court until it shall be published by the proper autho- rity: neither will you disclose or discover the vote or opi- nion of any particular member of the court-martial, un- less required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you And as soon as the said oath shall have been adminis- The president of tered to the respective members, the president of the.S^MoSh court shall administer to the judge advocate, or person voca*.judge ad" officiating as such, an oath in the following words: "Fou, A R, do swear, that you will not'disclose or dis- Fo,.mof , cover the vote or opinion of any particular member of the*»*&»*"«**'» court-martial, unless required 'to gire evidence thereof as °aii'" a witness, by a court of justice, in due course of law; nor divulge the sentence of the court to any but the proper au- thority, until it shall be duly disclosed by the same. So help you God.1" Art. 70. When a prisoner arraigned before a gene- when a prisoner, ral court-martial shall, from obstinacy and deliberate MmSt, design, stand mute, or answer foreign to the purpose. ^X^i'to the court may proceed to trial and judgment as if the uia,»8te- prisoner had regularly pleaded not guilty. Art. 71. When a member shall be challenged by awliei,amem,)Cr prisoner, he must state his cause of challenge, of which a Sner-V'' the court shall, alter due deliberation, determine the re-t"^, &E ,he levancy or validity, and decide accordingly; and v.o challenge to more than one member at a time shall be received by the court. Art. 72. All the members of a court-martial are to Mt,mW! ,0 bp- behave with decency and calmness; and, in giving their ^anu^f'11" votes, are to begin with the youngest in commission. iVS',"^ Art. 73. All persons who give evidence before afim' court-martial, are to be examined on oath or affirma-AVLtne',wto tion, in the following form: £>£""*"* on "You swear, or affirm, (as the case may be) the ew-r.«»rfIhe«fc dence you shall give in the cause now in hearing, shall beoi awi,,KSS' the truth, the whole truth, and nothing but thc truth. So help you God." Art. 74. On thc trials of cases not capital, before measwnoteapj. courts-martial, the deposition of witnesses, not in the lil^/K line or staff of the army, may he taken before some jus-^'Xd^W tice of the peace, and read in evidence: Provided, the v^^wovmIa ' 18 138 nrosecutor and the person accused are present at the" accused are pre-1 ' . , . „ , .,__ c sent, &c. taking the same, or are duly notified thereof. Art. 75. No officer shall be tried but by a general m?ed°tatebvt0aberou,t martial, nor by officers of an inferior rank, if it general court can bc avoided: nor shall any proceedings or trials be No^rueeed^t carried on execpting between "the hours of eight in the except between mnrning, and three in the afternoon, excepting in cases eight and three, , " . . „ . „. • .• .1 a unless, he. which, in the opinion of the officer appointing thc court- martial, require immediate example. Art 7o. INo person whatsoever shall use any me- noperson to use nacing wTords, signs, or gestures, in presence of a court- rtienacing words .'~, . ., ,• i -a i ■ a I or gestures, fee. martial, or shall cause any disorder or not, or disturb wimSrTiail"*their proceedings, on thc penalty of being punished, at &e# the discretion ofthe said court-martial. Art. 77. Whenever any officer shall be charged with iTchw-gS-withaa crime, he shall be arrested and confined in his bar- "resUTdep'ris15-6 cacks, quarters, or tent, and deprived of his sword, by cd of Ms sword, the commanding officer. And any officer who shall leave his confinement, before he shall bc set at liberty by his commanding officer, or by a superior officer, sliall be cashiered. Art. 78. Non-commissioned officers and soldiers, \\um^*2Tcharged with crimes, shall bc confined, until tried by a widhlwin!ertTi«rol,t't"mart'a'' <>•• released by proper authority. confined umii Art. 79. No officer or soldier who shall be put in ar- tned, Ncc . .. . „ i • i a offieersandsoi rest, sha.ll continue in confinement more than eight notrto'"on.rfnue days, or until such time as a court-martial can be assem- in confinement ii l more than eight ''ICO. thys. he. Art. 80. No officer commanding a guard, or provost man0dh.eg?as?wrd,Ra»'slia!, shall refuse to receive or keep any prisoner he. to refuse to ronimitled to his charge, by an officer belonging to thc receive a pn- i s.ner,provided, forces of the united Mates; provided the officer com- mitting shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. Art. 81. No officer commanding a guard, or provost nmndingarpua'rd«narshal, shall presume to release any person committed S: pers(m ^om-t0 nis eharge, without proper authority for so doirg, mitted mhis nor shall he suffer any person to escape, on the penalty charge, he. „ , . • . , . * - . ' ot being punished lor it by the sentence of a court- martial. Art. 82. Every officer or provest marshal, to wdiose officersto whom charge prisoners shall be comm't'ed, shall, within twen- prisoners are .. . , committed, to ty-iour hours after such commitment, or as soon as he w'hin'Trnours! shall be relieved from his guard, make report in crin.'t&tT' writing, to the commanding 'officer, of their names, their crimes, and the names of the officers who com- 139 mitted them, on the penalty of being punished for diso- bedience or neglect, at the discretion of a court-martial. Art. 83. Anv commissioned officcr, convicted before commissioned of- _ 1 a " ., • i p ■ i • at ficers convicted, a general court-martial, of conduct unbecoming an om- &c.„f conduct cer and a gentleman, shall be dismissed tbe service. SKtefto'bo Art. 84. In cases where a court-martial may think dismissed, &c it proper to sentence a commissioned officer to be sus courfmartwfu* pended from command, they shall have power also toPends ■<" »ffif* s , ■ »' » from command, suspend his pay and emoluments for the same time, ac th. y are empow- ,. .," i.. pa, pp ered to suspend cording to the nature and heinousness ot the offence. hispa> and Art. 85. In all cases where a commissioned officer ise^hn"som&c' cashiered for cowardice or fraud, it shall be added, in missioned officer the sentence, that the crime, name, and place of abode cowardi'ceor and punishment, of the delinquent, be published in thc^|^™e' newspapers in and about the camp, and ofthe particular delinquent, to he . ' ' . • . , «, i . i n published, in the state from which the offender came, or wnere he usually newspapers, &c resides, after which it shall be deemed scandalous for an officer to associate with him. Art 86. The commanding officer of any post or de-where the num. ~ . p rr r ° ufficers ia tachment, in which there sliall not be a number ot offi-not adequate to cers adequate to form a general court-martial, shall, in couTtmuniaUhe cases which require the cognizance of such a court, re- ^S^JS^jJ; port to the commanding officer of the department, wIiom''^'^ shall order a court to be assembled at tlie nearest post manding officer ■ , i.i . i • a i of the depart- or detachment, and the party accused, with necessary ment, he. witnesses, to be transported to the place where the said court shall be assembled. Art 87.* No person shall be sentenced to suffer no person to be 1 ,.,..,, sentenced to death, but hy the concurrence of two thirds ot the mem de«th. but bythe „ , , .. , , • j. concurrence of hers of a general court-martial, nor except in the cases two thirds o the herein expressly mentioned; nor shall more than fifty Z^oln ",£ lashes be inflicted on any offender, at the discretion of a^i, &c nor ... X. l n» m°re than fifty court-martial; and no officer, non-commissioned officer, iaShes to be in- soldier, or follower of the army, shall be tried a second filcttd" time for the same offence. Art. 88. No person shall be liable to be tried and ^ r«riV!uKie punished by a general court-martial for any offence j^,^* which shall annear to have been committed more than '"•!'*•»' for any ""',.. ,, , ii* i-i oumce comnut- two years before the issuing of the order for such trial, t«i more than unless the person, by reason of having absented himself, I$fe^&*fil,e' or some other manifest impediment, shall.not have been amenable to justice within that period. Art. 89. Every officer authorized to order a general ^v0er-^.'d^1.^; court-martial, shall have power to pardon or mitigate a general coun *So much of these rules and articles as authorises the infliction of cor- poreal punishment by stripes or lashes, is specially repealed by act of 16th May, 1612.—See chapter 70, section 7. 1-10 im.rt.ai cm,K,w-any pu11i.sli 11101 it ordered by such court, except the sen- ered t.'. pardon(C1|ce of death, or of cashiering an officer; which, in the p«niXrm,&&cases where he has authority (by article G.")) to carry except, he. t]iem .^ cxpC()t i(M1< nc may suspend, until thc pleasure of the president of the United States can be known; which suspension, together with copies of the proceed- ings of the court-martial, thc said officer shall immediate- ^rSmem8^ lv'transmit to thc president, for his determination. And m^'rd.m'or the colonel or commanding officer of the regiment or gar- mitigate,&c Hson, where any regimental or garrison court martial shall be held, may pardon or mitigate any punishment ordered by such court to be inflicted. judge advocates, Art. 90. Every judge advocaie, or person officiating &c. to transmit,. as Sl,cn at anv general court-martial, shall transmit, as expeditiously ... .*••„• ai a -i r a- i aspos«ide.theori-witb as much expedition as the opportunity ot time ami fnTli'mence^of distance of place can admit, the original proceedings ma^ia! toX and sentence of such court-martial to thc secretary of secretary of war, war which said original proceedings and sentence shall in whose office • j ■ i • 11 n« p • l thejshaiibepre-be carefully kept and preserved m the omce ol said se- cretary, to the end that the persons entitled thereto may bc enabled, upon application to the said office, to obtain , copies thereof. The party tried The pai'ty ti'icd by anv general court-martial shall, court nlrtiaien-upon demand thereof, made by himself or by any person of'utlsentence,' or persons in his behalf, be entitled to a copy of the scn- &c> tence and proceedings of such court martial. ■where thegener- Art. 91. In cases where the general, or commanding "'•^•'"V'.""16'officer, may order a court of inquiry, to examine into a court ot in- ^ J i quiry, &c.the the nature of anv transaction, accusation, or-imputation, court to consist . _ * ... . .. , .' .. of notexceetiing against any officer or soldier, the said court shall con- judge'advoL*te, sist of one or more officers, not exceeding three, and a &c. to be sworn, judge advocate, or other suitable person, as a recorder, to reduce the proceedings and evidence to writing, all of whom shall be sworn to the faithful performance of their courts of in- duty. This court sliall have the same power to summon thTySamchpowerwitnesses as a court-martial, and to examine them on wZr.no?'sa,WitI°at,,5 but they sliall not give their opinion on the me- nesses.fec.butare pits ofthecase, excepting they shall be thereto sneciallv not to give an . , rri i o ,,,,,, * opinion unies, required. 1 he parties accused shall also be permitted specially requ.r-^Q cross examine aml interrogate the witnesses, so as to investigate fully the circumstances in the question. proceeding of . Art/ 9?: The proceedings of a court of inquiry must courts of in- be autbenticated by the signature of the recorder and ?nemiclt!edeby" the president, and delivered to the commanding officer: ^Sefandand the said proceedings may be admitted as evidence KdSjhe8*. by a court-mai>tial, in cases not capital, or extending to mitted as evi- the dismission of an officer: Provided, That the cir- 141 cumstances are such that oral testimony cannot be ob-dence by courts .•it-,, , p . ". a\±. martial in cases tamed. Hut as courts ol inquiry may be perverted tomt capital, fee dishonorable purposes, and may be considered as en.Pro,"dtd>&c- gines of destruction to military merit, in the hands ofp^otobited"^"7 weak and envious commandants, they are hereby pro- }he d^Sk,by hihited, unless directed by the president of the United fee- States, or demanded by the accused. Art. 93. The judge advocate, or recorder, shall ad-The judge adro- minister to the members the following oath: mini'sterCant0oa?h "Irou shall well and truly examine and inquire, ac-t0the members- cording to your evidence, into the matter now before i/o«,I,orinof,heoath without partiality, favor, affection, prejudice, or hope of reward: So help you God." After which, the president shall administer to thetheecourt ^ad- judge advocate, or recorder, the folloAving oath: S'judgeld- **Fou, A B, do swear that you will, according to yourvoeate- best abilities, accurately and impartially record the pro-^"™^11^ ceedings of the court, and the evidence to be given in the case in hearing: So help yon God." The witnesses shall take the same oath as witnesses witnesses to take sworn before a court-martial. the oath, &e. Art. 94. When any commissioned officer shall die, whenacommis- • . ..... .. • p ,. tt . . ~ ' sionedofficerdies, or be killed, in the service ot the United States, the hcthe major of major of the regiment, or, the ollicer doing the major'sis'lSSiyto duty in his absence, or, in any post or garrison, the se-feJT&c.'n'take" cond officer in command, or the assistant military agent, ?ninven.,?1T'a.2d J o ' transmit it to the shall immediately secure all his effects or equipage, then ward«a»an,acnt. in camp or quarters, and shall make an inventory thereof, and forthwith transmit the same to the office of the department of war, to the end that his executors or administrators may receive thc same. Art. 95. When any non-commissioned officer ormS,LToffi™r soldier shall die, or be killed, in the service of the £^7^ United States, the then commanding officer of the troon, mandiI,s officer .,..,, pa. a, .«'of the troop, fee. or company, shall, in the presence ot two other commis-is to take anac sioned officers, take an account of what effects he diedXcuhe died possessed of, above his arms and accoutrements, and ^^^smint' transmit the same to the office of thc department of \v-ar;tod,cdePart- which said effects are to be accounted for, and paid, to and the effects to the representatives of such deceased non-commissioned ]£caccoun,td for officer or soldier. And in case anv ofthe officers, so au-T « • i • p , n. " p , In caieomcers au- thorized to take care ot thc eltects of deceased officers thorized to take and soldiers, should, before they have accounted to their ofred«ea«Soffi- representatives for the same, have occasion to leave the i^oe^lf"^ regiment, or post, by preferment, or otherwise, they J^'^^p: shall, before they be permitted to quit the same, depo-aretodepWe site, in the hands of the commanding officer, or of thehands'of'the"1 * assistant military agent, all the effects of such deceased 142 commandingoffi.non-commissioned officers and soldiers, in order that cer'8lc' the same may be secured for, and paid to, their respec- tive representatives. Art. 96. All officers, conductors, gunners, matrosses, th^corps of'enn-u',*'vei's-' or other persons whatsoever, receiving pay. or cineers.fee.to hire, in the service of the artillery, or corps of engi- the^ceding y neers, of the United States, shall be governed by the rules,&c. aforesaid rules and articles, and shall be subject to be tried by courts-martial, in like manner with the officers and soldiers of the other troops in the service of the United States. officers and soi- Art. 97. The officers and soldiers of any troops, froop°\iiTimaor whether militia or others, being mustered and in pay of mustoed!"&c. t,,e Lr|ited States, shall, at all''times, and in all places, when acting with when joined, or acting in conjunction, with the regular regular ic-rct^s to o «» 7 * * be governed by forces of the United Stales, be governed by these rules ankle's"subject and articles of war, and shall be subject to be tried by couns'nwtiaf, courts-martial, in like manner with the officers and sol- fee, save that the diers in the regular forces, save only that such courts- courts are to be •"» i . i / ... . «. composed of mi- martial shall be composed entirely ot militia officers. officers taring Art. 98. All officers serving by commission from the by commission authority of any particular state, shall, on all detach- froin the autho- * \- i .. i . i .i nty ot any par- ments, courts-martial, or other duty, wherein they may when'empioyed he employed in conjunction with the regular forces of iriih0"he'regu'iarthe United States, take rank next after all officers ofthe forces, to take like grade in said regular forces, notwithstanding the rank next alter ». . » ' » aiiofficersof commissions ot such militia or state officers may be reg^ur^rces,1 e elder than thc commissions of the officers of the regular &t- forces ofthe United States. ah crimes not Art. 99. All crimes not capital, and all disorders Sl*BlalrillIle.a■,,■ tieS'erts W'1'C'1 "fficera and soldiers may be guilty giects,&c.though of, to the prejudice of good order and militarv discin- noi mentioned in .• ,, , " . ,." > . .. ,. . J . , '„ uieprecedingar-Ime, though not mentioned in the toregoing articles of ?£i«il£of by vvar» are to betaken cognizance of by a general or re- courts martial, gimental court-martial, according to the nature and de- gree of the offence, and be punished at their discretion. in'powrt'd^o Art. 100. The president of the United States shall tormonhehar,myl,ave I,owcp to prescribe the uniform ofthe army. The foregoing A?T* l0K The fore5»ing articles are to be read and articles to be published once in every six months, to every garrison, edfoncedinUeS;,>egiinent, troop, or company, mustered, or to be mus- eve"0Srhri»nort)e,;ed' in thc service of the United s^U's, and are to be regiment, &c. duly observed a.nd obeyed by all officers and soldiers who are, or shall be, in said service. &KT Sec-2' dnd be' * farther enacted, That, in time of lurking about war, all persons not citizens of, or owing allegiance to formations or ^ Umted Statcs of ^^ who ^j/^ fj^ j^.j..' 148 ing, as spies, in or about the fortifications or encamp- the encampments ments of the armies of the United States, or any of^^/e^lke them, shall suffer death, according to the law and usage of nations, by sentence of a general court-martial. Sec 3. And be it farther enacted, That the rules and The rules and regulations by which the armies of the United StateswKthrannies have heretofore been governed, and the resolves of con-fb%ej^"rhned,,°' gress thereunto annexed, and respecting the same, shall ni\T^llfeept, henceforth be void and of no effect, except so far as may &c.' relate to any transactions under them prior to the pro- mulgation of this act, at the several posts and garrisons, respectively, occupied by any part of the army of the United States. [Approved, April 10, 1806. CHAPTER LI. An act authorizing the employment of the land and naval forces of the United States, in cases of insurrection. Sec. 1. Be it enacted by the Senate and House of fie-in aii cases of in- ./ «/ surrection.or ob- presentahves of the United States of America in Congress struction of the assembled, That, in all cases of insurrection, or ob-istawfui^VorThV struction to the laws, either of the United States, or ofS'^^g any individual state or territory, where it is lawful for^^"J*" the president of the United States to call forth the mili-Aeiandornavai .-#>,. „ . . . . force, tor sup- tia tor the purpose ot suppressing such insurrection, or pressing or en- of causing the laws to be duly executed, it shall be Iaw-forc",K' &c' ful for him to employ, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary, having first observed all the pre- requisites of the law in that respect. [Approved, March 3, 1807.] CHAPTER LII. An act supplementary to an act, entitled "An act for fortifying the ports and harbors of the United States, and for building gun boats"* Sec 1. Be it enacted by the Senate and House of fie-™? p«*;dent „ •' pi, • ■ a~i authorized to presentatives of the United States of America in Congress <***■ fortifies. assembled, That thc president of the United States is°°"heretofore "The act to which this is supplementary, relates chiefly to the building and equipping of gun boats, and is, therefore, not comprised in this vo- lume. 144 bum or com- hereby authorized to cause such of the fortifications bfr^lredw10 heretofore built or commenced, as he may deem necessa- compietedand rv, to be repaired or completed, and such other fortifi- other works to -''. • ,,, ,, •,, «. 1 -T be erected, &c cations and works to be erected as will afford more ei- fectual protection to our ports and harbors, and pre- serve therein the respect due to the constituted authori- ties ofthe nation; and that the sum of one million of dol- j?i,ooo,oooaddi- lars, in addition to the sums heretofore appropriated, t^T'p'ur: be, and the same is hereby, appropriated for that pur- pose, fee. pose, out of any money in the treasury, not otherwise appropriated. [Approved, January 8, 1808.] CHAPTER L1II. An act authorizing the sale of public arms. Sec 1. Be it enacted by the Senate and House of Re- run president presentatives of the United States of America in Congress ^^Zn-assembled, That the president of the United States be, bebsoitdtoXindiA0ant' ne *s hereby, authorized to cause to be sold to indi- duaistates,&c vidual states who may wish to purchase, any arms now owned by the United States, and which may be parted Accounts of sale? with without injury to the public: Accounts of such congress,and the sales shall be laid before congress, and the money atTto^he'liuT- arising therefrom be, and the same is hereby, appro- chase of other priated, under the direction of the president of the arms, etc. ' i United States, to the purchase or manufacture of other Proviso; the arms arms for the use of the United States: Provided, That eTto°anydsuteel"sucn anRs be not delivered to any state or their agents, mentofV>a>" ,M1^' the payment of the purchase money be first made chase money.&c. into the treasury ofthe United States, in money, or iu the stock of the United States, at its value, as estab- lished by an act, entitled, «'An act to repeal so much of an} act or acts as authorize the receipt of evidences of the public debt in payment for the lands of the United States, and for other purposes relative to the public Proviso; the pre-debt:" Provided also, That this provision shall not cx- JSKS£"o tend to any purchase, not exceeding five thousand stand k^S-'bya of arms, which shall bc made by a state 1o which the state to which the United States, by existing engagements, are bound to U. S. are bound „ ^ ^. •;, '? ' «#»#«..■».• topayasumor pay a sum ot money, equal to the amount of such pur- money, fee. cl)ase# [Approved, April 2, 1808.] 145 CHAPTER LIV. An act to raise, for a limited time, an additional military force.* Sec I. Be it enacted by the Senate and House of Re- rive regiments or preseitatives of the United States of America in Congress Sfc-'S^e of assembled, That, in addition to the present militarv es-^rim^fc gn goons, to he enlisted for the term of five years, unless sooner discharged. Sec 2. And be it farther enacted, That the said regi-Ol.ganization of ments of infantry, riflemen, aud artillery, shall consist of regiments, ten companies each, and the regiment cd* light dragoons of eight troops; and the field and staff officers of each regi- ment, of one colonel, one lieutenant-colonel, one major, one adjutant, one quartermaster, one paymaster, one surgeon, one surgeon's mate, one sergeant-major, one quartermaster-sergeant, two principal musicians, and, fi.r the regiment of light dragoons, one riding master; each company of infantry and riflemen to consist of one""^^*1' captain, one first and one second lieutenant, one ensign,*1-00^' two cadets, four sergeants, four corporals, two musi- cians, and sixty-eight privates; each company of artille- ry, of one captain, one first and one second lieutenant, two cadets, four sergeants, four corporals, two musi- cians, eight artificers, and fifty-eight matrosses; and each troop of light dragoons, of one captain, one first and one second lieutenant, one cornet, two cadets, four sergeants, four corp ; als, two musicians, one saddler, one farrier, and si\ry-four pihates. Sec 3. And be it further enacted. That when, in the when, »suit- opi' ion ofthe president of the United States, a suitabh oftLtr!^have proportion cd" the troops authorized by this act shall bt■^d^^bri,*° raised, there may be appointed two additional bri.^a jSJ^JJStt&io dier-generais, who sliall be entitled to one aid-de-camp each, to be taken from the subalterns of the line; two brigade inspectors, and two brigade quartermasters; and such number of hospital surgeons, and surgeon's mates, as the service may require, but not ex. ceding the surgeons and lateen mates, with one steward, and •The provisions of this act regarding the organization of the regi- ment of light artillery, the compensation, subsistence aim clothing, of the officers and troops, and those respecting wounds and disabilities, widows and children, and allowances generally, are adopted oy act of 3d Muich, 1815, chapter 95, sections t, -A, and 7. The rehiuue may be considered as superseded by that act. 19 146 one wardmaster to each hospital; the brigade inspectors appointed under this act sliall he taken from the line; aud the brigade quartet masters, the adjutants, regimen- tal 'Miarteruasters, and paymasters, from the subal- terns ofthe line Six. 4. And be it farther enacted, That the compen- ofTTtiw.". nation of the « Hirers, cadets, noncommissioned officers, c,\',,,,'"T,-jJ!,in"musicians, artificers, and privates, authorized by this miss med orli- ' . . , ee.-,. musieians, act. shall be, viz: to each b 1'igadicr-geiieral, one nun- prilates,'&c! dred and four dollars per month, twelve rations per day, or an equivalent in inonev, and sixteen dollars per month for forage, when not furnished by the public; each brigade inspector, thirty dollars per month, in ad- dition to his pay in the line; each brigade quartermaster and aid de-camp, twenty dollars, and each adjutant, re- gimental quartermaster, and paymaster, ten dollars per month, in addition to their pay in the line, and to each six dollars per month for forage, when not furnished as aforesaid; each hospital surgeon, seventy-five dollars per month, six rations per day, or an equivalent in money, and twelve dollars per month for forage, when not furnished as aforesaid; each hospital surgeon's mate, forty dollars per month, two rations per day. or an equi- valent in money, and six dollars per month for forage, when not furnished as aforesaid; each hospital steward, twenty dollars per month, and two rations per day. or ao equivalent in money; each wardmaster, sixteen dol- lars per month, and two rations per day, or an equiva- lent in money; to the colonel of light dragoons, ninety dollars per month, six rations per day, and forage for five horses; to the lieutenant-colonel of light dragoons, seventy-five dollars per month, five lations per day, and forage for four horses: to the major of light dragoons. sixty dollars per month, four rations per day, and forage for four horses; to each captain cd' light dragoons, fifty dollars per month, three rations per day, and forage for three horses; to each lieutenant of light dragoons, thir- ty-three and one third dollars per month, two rations per day, and forage for two horses; to each cornet cd' light dragoons, twenty-six and two thirds dollars per month, two rations per day, and forage for two horses; to the riding master, twenty-six and' two thirds dollars per month, two rations per day, and forage for two horses; each saddler and farrier, ten dollars per month, one ration per day, and a suit of uniform clothing an- nually; and all other officers, cadets, non commissioned officers, musicians, artificers, and privates, authorized 147 by this act, shall receive the like pay. clothing, rations, forage, and other emoluments, as the officers, cadets, iion-commissioned officers, musicians, artificers, and privates, of the prcspnt military establishment: Pro f™,"^ riding vided. The officers, and riding master, furnish their own JXTi'.eir° J^"" horses and accoutrements, and actually keep in service horses, fee the aforesaid number of horses, to entitle them to the aforegoing allowance for forage, or its equivalent in money: And provided also. That the whole, or any part, £ro*™; there- of the regiment of light dragoons, shall be fable to drag.*!.* nhie serve on foot, as light infantry, until, by order of the as light iuiauixy,' president of the United States, horses and accoutre-bcc- ments shall be provided to equip the whole, or any part thereof, as mounted dragoons. Sec. 5. And be it farther enacted, That the officers. The officers, ea- cadets. non-commissioned officers, musicians, artificers. nnwioV'Xffi^eis, and privates, raised pursuant to this act, shall be enti-"e^^dpnvat^ tied to the like compensation, iu case of disability bv ra,s^ i""sua"'. , , '. . ... . , - to ihi* act. eini- wounds, and otherwise, incurred in the service,*as the tied toiik. com- n. i , • • i iv . . in ligation, in officers, cadets, non-commissioned officers, musicians, iase of disability artificers, and privates, in the present military estab £*" 0"\hTCp.'e: iishment, and with them, sliall be subject to the rules«* t military i.i tahhshu.ent, and and articles ot war, winch have been established, or may sub.-ui t» .t.e be hereafter by law established: And that the provisions^ ;war"fec.'Ul '* of the act, entitl- d "An act fixing the military peace.rn[>n)vViunsof establishment ofthe United States," relative to the wi n. .ictn-u^the dnvv, child, or children, of any commissioned «»ffi.',er'v1^i"ii.n.,'m,1' who sliall die, while in liie service of the United States, ^^r-om.tm- by reason cd'any wound received in actual set vice of the 'J^,*',',*,',.'-ni".'i1V United States, to courts-martial, the regulation and«»' '»i-> ■ -*c of compensation ot recruiting ohicers. tlie age, size, quali- fications, and bounti'S, of recruits, arrears of pay, the bonds and du'ie.s of paymasters, jienalties for desertion, punishment of persons who sliall procure or entice any s Idier to desert, or shall purchase from any soldier his arcs, uniform clothing, or any part thereof; and the punishment of any commanding officer of any ship or vessel who shall receive on hoard his ship or vessel, as one of his crew, knowing him to have deserted, or other- wise carry away, any such s-'dicr, or shall refuse to deliver him up to tlie orders of his commanding officer, to the oath or affirmation to be taken and subscribed by officers, non. commissioned oflio is, musicians, aud pri- vates, to the allowance for extra expense to any com- missioned officer in travelling and sitting on general courts-martial, to arrests of non-commissioned offi ers, musicians, and privates, for debts, to the allowance to 148 soldiers discharged from service, except by way of pun- ishment, shall be in force, and applied to all persons, matters, and things, within the intent and meaning of this act, in the same manner as if they were inserted at larsre in the same. si.bsfctfl.ee of Sec. 6. And be itfurther enacted, That the subsistence officers, esti- <,fthe officers of 1 he army, when not received in kind, wmsp'eV raSshall be estimated at twenty cents per ration. a ta5nt Sec. 7. And bc it farther enacted. That there shall be wrh'bri^de? appointed to each brigiule, one chaplain, who shall be ^hiumenr>,;yoaft entitled to the same pay and emoluments as a major in major,fee. t,)e infHntrv. Sec. 8. 'And be it farther enacted, That, in the re- S aPPph,etn!hecess of the senate, the president of the United States is ^Vs!he,hs"e'hereby authorized to appoint all or any of the officers, ";r;,»7X.«e«»ther than the general officers, proper to be appointed UlflCim OITHcrS* " ill* I "aa 1 A. under this art; which appointments shall be submitted to the senate, at tbe next session, for their advice and con- sent. commis Sec# 9' ^d be it farther enacted, That every com- sJmd a^d'Taff missioned and stuff officer, to he appointed in virtue of Sen,fecbea this act, shall be a citizen of the United States, or some one of the territories thereof. [Approved, April 12, t808.] CHAPTER LV. An act concerning public contracts. jfo T,.-ro.-e comrres,, before congress a statement of all the contracts which annually, here- j,ave |)ee„ made in their respective departments, during after, a state- • ... .' . . ■ . mem of aii con-f|,e year preceding such report, exhibiting 111 such state- ihrird'p"n-.memsment the name of the contractor, the article or thing c-SSrr&e. contracted for, the place where the article was to be de- livered, or the thing performed, the sum to be paid for its performance or delivery, the date and duration of the contract. [Approved, April 21, 1808.] CHAPTER LVI. An act making provision for arming and equipping the whole body of the militia of the United States.* Sec 1. Beit enacted by the Senate and House of Re- ..f #200.000'a™ presentatives of the United States of America in Congress iSf?™,. assembled. That the annual sum of two hundred thou- hod^of ihe"mi-e sana< dollars be, and the same hereby is, appropriated iuw, fec. for the purpose of providing arms and military equip- ments for the whole body of the militia of the United States, either by purchase or manufacture, by and on account of the United States. Sec 2. And be it further enacted, That the president aMh..',iA.'d',tot of the United States he, and be hereby is, authorized to purchase site* purchase, sites for, and erect, such additional arsenals and erect addi- * , . „ . , ,. tiouai arsenals and manufactories of arms as he may deem expedient, ri"]o^rnlrfee.under the limitations and restrictions now provided hy riv.visn;any iawlaw: Provided also, That so much of any law* as re- mnni"r"Jwm-k-sti'icts the number of workmen in the armories of the mories"to,eioo ^,]'te(l States to one hundred men, be, and the same repealed. ' hereby is, repealed.f . Sec. 3. And be it further enacted, That all I he arms e^mun^m!.. l"*orie several states composing this union, and territories rrxnsmrifd to . „ ' .' ' . . ihe several states tbercot, to each stateand territory, respectively, in pro- s'" i.rop.'r"i?m' portion to the number of the effective militia in each I°n!cd™m5iiia°f8tatc.an(i territory, and by each state and territory to *"• ' be distributed to the militia in such state and territory, under such rules and regulations as shall he by law pre- scribed by the legislature of each state and territory. [Approved, April 23, 1808.] •This act is inserted here instead of the appendix, because it relates ehiefly, to matters of administration, confided to a department ofthe staft of tlie regular army. f See chapter 19, section 2. 151 CHAPTER LV1I. An act further to amend the several acts for the establishment and regu- , lation of the treasury, war, and navy, departments. [EXTRACT.] Sec 5. And be it further enacted, That, exclusively Exclusively of • p i ■• i- a I. ..* the imivcy r, of the purveyor of public supplies, paymasters ot the pm4,., &c. no army, pursers of the navy, military agents, and otherif^^X officers already authorized bv law, no other llermanent pointed formak- * . i * • i i« f.,nS contracts. aeents shall be appointed, either tor the purpose ot fec.for ihemiii- " . a p a, i p i- p tary or naval es- makiug contracts, or tor the purchase of supplies, or tortahiisiimems.un. the disbursement in any other manner, of moneys for J^ntb^''^"* the use of the military establishment, or of the navy of the United States, but such as shall be appointed by the president of the United States, with thc advice and con- sent cd' the seriate: Provided, That the president may, Proviso; the pre- . p , sident mav ap- and he is hereby authorized, in the recess of the se-point such a^-nu , . , ,, p , . i • i m the rceesi of nate. to appoint all or any ot such agents, which ap- the senate, and pointments shall be submitted to the senate, at theirS^^m- next session, for their advice and consent; and the presi- i>enia»uu- dent of the United States is hereby authorized, until otherwise provided by law, to fix the number and com- pensation of such agents: Provided, That the compen-proviso;t,1€.t.om. sation allowed to either shall not exceed one per centum p«i»ationnot t.. ■ . ■• ... ■■■• ■ • • exceed one per on the public moneys disbursed by him, nor in any in-cci.t,&c. stance (lie compensation allowed by law to the purveyor of public supplies. Sec 4 And be it further enacted, That every such Every agent, agent as may be appointed by virtue of the next pre- g"ve*bond, &c.° ceding section, and every purser of the navy, shall give bond, with one or more sufficient sureties in such sums' as the president ofthe United States may direct, for the faithful discharge of the trust reposed in him; and theTne imymaster paymaster of the army, the military agents, the pur-',f',hearm>'-i,ur- * J .. ... .- t? i vi vor, pursers, veyor ol public supplies, the pursers ot the navy, and fee.whenpraeti- .. . . . , , • , r. ,. , ■ cable, to keep the the agents appointed by virtue ot the preceding sec-public money i« tion, shall, whenever practicable, keep the public mo- ^'"ta"™1^'™' nevs in their hands, in some incorporated haak, to bedl'-si'?I,,a,tJ,,>';hfc • president; make designated for the purpose by the president of the United mon.hiy returns, States, and shall make monthly returns, in such form as may be prescribed by the treasury department, of the moneys received and expended during the preceding month, and of the unexpended balance in their hands. Sec 5. And be it farther enacted, That all purchases ah purchase,, and contracts for supplies, or services which are orsuppVC'fee.'un- may, according to law, be made, by or under the direc- %*$? jj."^"" tion of either the secretary of the treasury, the secre-oflhem:aauiy. 152 ofirar.or ofthe tary of war, or the secretary of the navy, shall be made "^p'StSKSeither by open purchase, or by previously advertising "Eio&c"I't()I' proposals respecting the same: And an annual state- Anannual stste-ment of all such contracts and purchases, and also of Repurchases, the expenditure of tbe moneys appropriated for the con- fera'ndMtX*iaidtin.'?ent expenses of the military establishment, for the beforeooiurress contingent expenses of tho navy of the United States, at the beginning . „ ° . ,.' , p • n i • .. .i ofeachyear,&c.and for the discharge of miscellaneous claims not other- wise provided for, and paid at the treasury, shall be laid before congress at the beginning of each year, by the secretary of the proper department. [Approved, March :>, 1809.1 CHAPTER LVIII. An act making further appropriations to complete the fortifications com- menced for the security of the ports and harbors ofthe United States, and to erect such fortifications as may be necessary for the protection ofthe northern and western frontiers of the United States.* Sec I. Be it enacted by the Senate ana House of Re- jktjo.ooo *Pi>ro.presentatives of the United States of America in Congress S^i'^ ,he Jbrt"'- assembled, That, for the purpose of completing the for- fecati.ms coin, tifications commenced for the security of the seaport t^uri.yoTthe towns and harbors of the United States, aud territories and'harbturs'of thereof, and for erecting such fortifications as may, in ^ungS'othe«r,t',e opinion of the president of the United States, be &c« deemed necessary for the protection of the northern and western frontiers, there be. and hereby is, appropriated the sum of of seven hundred and fifty thousand dollars, to be paid out of any moneys in the treasury, not other- wise appropriated, [Approved, June 14, 1809.] CHAPTER LIX. An act to suspend, for a limited tim«, the recruiting service. Sec 1. Be it enacted by the Senate and House of Re- so much of it*presentatives of the United States of America in Congress addiuora/miri. assembled. That so much of tho act, entitled »«Au act tary force as au-to raise, for a limited time, an additional military force," thonzes the en- . ' J • listmem of men as authorizes the enlisting of men for the term of five for tlie term of , .. , ■ , , . «»e jean. fee. years, unless sooner discharged, be, and the same is suspended,.&c hereby, suspended until twenty days after the next meeting of congress. [Approved, June 28, 1809.] •See preceding acts relating to the same object, chapters 18, 21, 2*, 28, 31, and ol. 153 CHAPTER LX. An act for completing the existing military establishment. Sec 1. Be it enacted bi/ the Senate and House of Re- The military «- presentatives of the United States of America in Congress loVZm^ assembled. That the military establishment, as now au-lycomPlwtd- thorized by law, be immediately completed. Sec 2. And be it further enacted, That there be al- gl6 ^^^ t0 lowed and paid to each effective, able bodied man, ^e-^h^e^ive» cruited or re-enlisted for that service, for the term of recruited or en- five years, unless sooner discharged, thc sum of sixteen s' ' dollars; but the payment of one half of the said bounty ^^^"J shall be deferred, until he shall be mustered and have10 ^ deferred, joined the corps in which he is to serve; and whenever any non-commissioned officer ojjfc soldier shall be dis-Nonmmmission; charged from the service, wdio shall nave obtained fromsnidierfdLXarg- the commanding officer of his company, battalion, or r;*- and^ohlveX' giment, a certificate that he had faithfully performed ^^^""J^* his duty whilst in service, he shall, moreover, be al-cfcr.fec-acmifi. lowed and paid, in addition to the aforesaid bounty,had faitiifuay three month's pay. and one hundred and sixty acres of^I^c^n/to?* land;* and the heirs and representatives of those non-£^3,S«i commissioned officers or soldiers,"who may be killed iri?,,,VM1acFes.of' ,. . , ... ■ TT . , „ ,, land; which, in aetion, or die in the service of the United States, shall, <*•* »i>«t »'•*. likewise, be paid and allowed the said additional bounty ihVwniee.Vre of three months' pay, and one hundred and sixty acres ^"^id'to'be'" of land, to be designated, surveyed, and laid off. at the vf$,a&e'at"h« public expense, in such manner, and upon such terms p»Micexpense, and conditions, as may be provided by law.f [Approved, December 24, 1811.] CHAPTER LXI. An act to raise an additional military foree.| Sec 1. Be it enacted by the Senate and House of Re- o/inflmr^two presentatives of the United States of America in Congress 1^^^*^, assembled. That there bc immediately raised ten eegi-f^1'^".^^ ments of infantry, two regiments of artillery, and one&rfiveyeaus. *The allowance of bounty land increased to 320 acres, to all subse- quent enlistments, by act of 10th December, 1811—See chapter 92, sec- tion 4. t^ee act of 16th May, 181 ?, chapter 68, providing for the survey, &c. of military bounty lands. \See supplementary acts, chapters 63, 65, 77, and 82; also chapters 72 and 89, by which the organization here given, is materially modified. These arts may be considered as superseded and supplied, by act of 3d of March, 1815, fixing the peace establishment, chapter 95. 20 154 regiment of light dragoons, to be enlisted for the term of five years, unless sooner discharged. Sec 2. And be it further enacted. That a regiment fre?"iSu°of°f of infantry shall consist of eighteen captains, eighteen infantry. first lieutenants, eighteen second lieutenants, eighteen ensigns, seventy-two sergeants, seventy two corporals, thirty-six musicians, and eighteen hundred privates, which shall form two battalions, each of nine compa- onranizatior.of nies. A regiment of artillery shall consist of twenty anfuery!1"0 captains, twenty first lieutenants, twenty second lieute- nants, forty cadets, eighty sergeants, eighty corporals, one hundred and sixty artificers, forty musicians, and fourteen hundred and forty privates, which shall form organization oflWO battalions, each of Jen companies. The regiment a regiment of of cavalry shall cortsisffif twelve captains, twelve first cavalry. .. • . , • lieutenants, twelve second lieutenants, twelve ecu-nets, twenty four cadets, forty-eight sergeants, forty-eight corporals, twelve saddlers, twelve farriers, twelve trum- peters, and nine hundred and sixty privates, which shall form two battalions, each of six companies. fl-w ami stair Sec. 3. And be it further enacted. That, to each regi- gmient."''*'^ ment raised under this act. whether of infantry, artil- lery, or light dragoons, there shall be appointed one co- lonel, two lieutenant-colonels, two majors, two adju- tants, one quartermaster, one paymaster, one surgeon, two surgeon's mates, two sergeant-majors, two quarter- master-sergeants, and two senior musician^. Two major gene- Sec 4. And be it further enacted. That there shallbe nils, wiih two • . , , • * , ... .... aid, each, he. appointed two major-generals, each ot whom shallbe Five briber a'hnwd „ c a i i -, p ., |»'»ii. Sec. 5. And be itfurther enacted, That when an of- 155 ficer is detached to serve as brigade-major or aid, or as assistant to the adjutant-general, or inspector-gene-toserver brigade • . p i n. i • major, aid, fee ral. on the appointment ot a general omcer, or as ailju-to retain their taut or quartermaster, on the appointment of a colonel, ra"k' he shall not thereby lose his rank. Sec 6. And be it further enacted, That the major-Pay.&c. of ma- i ■ n . -ii a i i , jor generals, una generals, respectively, shall be entitled to two hundred their ail'1i^"-°hbe such surplus of clothing as he may deem expedient, surplus cMhh.g, which clothing shall, under his direction, be furnishedatcontra«prices, to tlie soldiers, when necessary, at the contract prices,&c' and accounted for by them out of their arrears of month- ly pay. bEC 10. And bc it further enacted, That the officers, The officers, and non-commissioned officers, musicians, and privates, of$oiaiers l0 be 156 governed by the the said corps, shall be governed by the rules and arti- fuicsandartici.s jcs „f War, which have been established by the United of war, fee. . 1111 111 States m congress assembled, or by such rules and ar- tides as may be hereafter, by law, established. Sec 11 And be it further enacted, That the commis- commissionedof sioned officers who shall be employed in the recruiting f,,ee,ru"!mg;«Lservice, shall be entitled to receive, for every effective twr!ir.irve a,)lc hodied man who shall be duly enlisted by him, for every effective the term of five years, and mustered, (and between the able bodi.-d man .... . ,. /. \ ,. /• . duly enlisted, &c. ages ol eighteen and forty-five years) the sum ol two proviso; the re- dollars: Provided, nevertheless, That this regulation so gulation respect- «... •. . it a a i ingage, not to far as respects the age ol the recruit, sliall not extend cia'nsVc0"'"5'' to musicians, or to those soldiers who may re-enlist into Proviso; persons the service: And provided also. That no person under sir^wSfeUTtlic age of twenty-one years shall be enlisted by any of- "r't'h^rTt^n lifer, or held in the service ofthe United States, without i«i"ntt&fc.",e the consent, in writing, of his parent, guardian, or mas- ter, first had and obtained, if any he have; and if any officer shall enlist any person contrary to the true intent officer, enlisting and meaning of this act, for every such offence he shall K"!aXT'y|'0,'feitan(' Pa^ the amount of the bounty and clothing ofiheboimountd Wn'c'1 tue person so recruited may have received from "iotidiig,Ufec.an the public, to be deducted out of the pay and emolu- ments of such officer. Sec 12. And be itfurther enacted, That there shall eachrecrulL10 be allowed and paid to each effective able bodied man, recruited as aforesaid, to serve for the term of five The payment ofyears> a bounty of sixteen dollars; but the payment of ^8,°,dJ;j:c^uJn'y eight dollars of the said bounty shall be deferred until uutii,.&c.' ' he shall he mustered, and have joined some military corps of the United States for service. And whenever When any non- . , „. ... in. i commissioned any non-commissioned officer, or soldier, shall be d:s- ?/dUdiarrg^t'"dcharged from the service, who shall have obtained from cwtiHcale'iVom tne commanding officer of bis company, battalion, or the commamiing regiment, a certificate that he had faithfully performed officer, that he , . , , . ■ . . . , in ■ i had performed his duty whilst in service, lie shall, moreover, be al- l^auowe^in^hnved and paid, in addition to the said bounty, three momM\y%nL\ mouth's pay, and one hundred and sixty acres of land;* i6o acre, of land; and the heirs and representatives of those non-commis- hi's bring'Viiied sioned officers or soldiers who may be killed in action, ffifA*01" die in the service of the United States, shall likewise receiveThe^d-10 be V**^ an(1 a"owed the said additional bounty of three ditionai bounty; months'pay, and one hundred and sixty acres of land; nated!0smvey^, to be designated, surveyed, and laid off, at the public hic'SxiHr!Se.imb"exPense' ir» 8"ch manner, and upon such terms and con- ditions, as may be provided by law. •The land bounty increased to 320 acres, to atl subsequent enlistments, by act of 10th December, 1814, chapter 92, section 4- 157 Sec 13. And be it further enacted, That the said Arrea" ofna? ■ ii • • ■ • J • .■ .. not to exctt ditto corps shall be paid in such manner, that the arrears months, units*, shall, at no time, exceed two months, unless the circum-&c' stances ofthe case shall render it unavoidable. Sec 14. And be it further enacted, That if any officer, ^.fa'^ty non-commissioned officer, musician, or private, shall be wounds, inser- disabled by wounds, or otherwise, while in t e line ofo^^iistorul- his duty in public service, he shall be placed on the listv^.d »<™»™»< of invalids ofthe United States, at such rate of pension, Proviso; the com- and under such regulations, as are or may be directed wounds"&c.0to a by law: Provided always, That the compensation to be al- ^""1-snot^ex- lowed for such wounds or disabilities, to a commis ceed half his sioned officer, shall not exceed, for the highest rate of and'uo ohw t.' disability, half the monthly pay of such officer, at the'SVhenpay ofa time cd'his being disabled or wounded; and that no offi-1t'1euttua,'t colon- cer shall receive more than the half pay of a lieutenant-The rateof pen- colonel; and that the rate of compensation to rlon-com-m"^i(^'0,^""s,■ missioned officers, musicians, and privates, shall noti)riviues'&c-not ii. in i/ii iii r,.i to exceed Jg5 per exceed five dollars per month: And provided also, that month. all inferior disabilities sliall en-title the person so cIisa-diTbX;iesnio™' bled to receive aii allowance proportionate to the highest Jj,11*^ ^3 disability. allowance. Sec 15. And be it farther enacted, That if any com-widows and missioned officer in the military establishment of the n^'s'oT^rw United States shall, while in the service of the United dying of wounds ' i • i • received in actual States, die by reason of any wound received in actual service,tureceive service of the United States, and leave a widow, or if pay to^vhichVhe no widow, a child or children, under sixteen years ofJitr^dr^^tbr"" age, such widow, or if no widow, such child or children, five j*-.-.,. sliall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. But in case ofIllcaiethew;. the death or intermarriage of such widow before the ex- ^>w mames ix> piration ofthe said term of five .years, the half pay for thin of'nveyears* the remainder of the time shall go to the child or chil-^"'nJ'-Vhi!10 dren of such deceased officer: Provided always, That' such half pay shall cease on the decease of such child or children. Sec. 16. And be itfurther enacted, That if any non-com- N„n.commissioii. missioned officer, musician, or private, shall desert the ^ffit^.' ^ service of the United States, he shall, in addition to the*r^ tion, amount to the lull term of his enlistment: and such martial andpun- ... • ■■ i i . • i l a- t , ished, although, soldier shall and may be tried by a court-martial, and &c. punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried. dren, 153 Sec 17. And be itfurther enacted, That every pcr- Persons,&c en-son not subject to the rules and articles cd' war, vvbo S,o,-dpm--toshall procure or entice a soldier in the sen ice of the dicing their United States to desert; or who shall purchase from any ar.ns, uniform ' ' . ci..thii.g, &c. and soldier his arms, uniform clothing, or any part thereol; commanders oi , . > • iii i- I vessels receiving and every captain or commanding oflirer «»t any slop or knoZ.g\tmiovessel, who shall enter on board s.rh ship or vessel, as liablewTii..eC'one oi l,ls crew, knowing him to have descried, or not exceeding otherwise carry away, any such soldier, or sliall refuse &300 and to ira- ... , . J . .. , ,• i ■ i • tr in-iwmineui not to deliver liiin up, to the orders ol his couimaiulillg OU1- *££&* one ^^ ^^ ^^ |off41| Cor, V ictlOH. be fined at tllC dlSd'C- tion of any court having cognizance of the same, in any sum not exceeding three hundred dollars, and be im- prisoned any term not exceeding one year. Sec 18. And be itfurther enacted, That every offi- offlcers, andsoi-cei. non-commissioned officer, musician, and private, ■lit. r> to take and . .. • „. suuscnbeaiioath.shall take and subscribe the iollowing oath or affirma- tion, to wit: "/, A li, do solemnly swear, or affirm, {as the case may be) that I will bear hue faith and allegiance Form ofthe oath. fo *jie unnea States oj America, and that I will serve tnem, honestly and jaithfidly, against their enemies or opposers whomsoever; anu that I will observe and obey the outers of the pi esulent if the United States, ana the oruersoj the officers appointed over me, accoruing to the rules and arti- cles of war." Sec. 19. And be it further enacted. That there shall a judge advocate lie appointed to each division a judae advocate, who to tach illusion, , ,;, -., , . . wituihepu} shall be entitled to the same pay and emoluments as a oi'lVil^orTiuhe major in the infantry; or, it taken from the line of the infantry, &c. army, shall be entitled to thirty dollars per month in addition to his pay, and the same allowance for forage as is allowed by law for a major of infantry. Sec 20. And be itfurther enacted, That where any commissioned coiiiuiissioncd officer shall be obliged to incur any extra officers obliged . i • ■ to mcur ext.a expense in travelling and sitting on general courts-inar- ^.g'and'suung't.al, he shall be allowed a reasonable compensation for ^ruat,WiLctaLU3-suc,i ext,a expense, actually incurred, not exceeding one .lomd Jreasoiia-dollar and twenty-five cents per day to officers who are blecompensatiou; • i . not exceeding, not entitled to forage, and not exceeding one dollar per day to such as sliall be entitled to forage. no non-commis- Sue. 21. And be it further enacted, i hat no non-com- sXeUr,"&c!dC missioned officer, musician, or private, during the term stTwcc/to'tear-0111^ service, shallbe arrested on mesne process, or rcsied.'fec. lor taken or charged in execution lor any debt or debtscon- *sw comracte"uacted before enlistment, which were, severally, under no!"?oTt,^hitwe'lt> dollars at the time ot contracting the same, nor contactedatwr-lor ailV (icut whatever contracted after enlistment. 159 Sec. 2>. And be it further enacted, That whenever when an officer <*• ... ....... in i. or soldieris dis- any officer or soMier shall be discharged tr >m the ser-cnarged, fee. ex- vice, except by wav of punishment for any offence, he^;,^6^10 shall be allowed his pay and rations, or an equivalentg[ ■'^JJS in money, for such term of time, as shall be sufficient of resident*, at />>•* .« . , #.,-i , ,. the rate of 20 lor him to travel from the place of discharge to themiiesaday. place of his residence, computing at the rate of twenty miles to a day. Sec 23. And be it farther enacted, That the subsis- ^^rfof°tfne tenceof the officers of the army, when not received in army fee. e?ti- ,.,.,,, • , , ," i.. mated at 20 cents kind, sliall be estimated at twenty cents per ratron. per ration. Sec. 24. And be itfurther enacted, That there shall 0ne chapla;n t0 be appointed to oa^h brigade one chaplain, who shall be <** J}""'"^-,^ entitled to the same pay and emoluments as a major in of a major, &c. the infantry. Sec 25. And be it further enacted, That no £pnpral-^£^,^M' field, or staff officer, who may be appointed bv virtue ol appointed under ,. . in. ,.«,ii.l • l this act, to be en. this act, shall be entitled to receive any pay or emolu- titled to pay, ^c. merits until he shall be called into actual service, nor ""tuaia"ni^° for any longer time than he shall continue therein. &c- [Approved? January 11, 1812.] CHAPTER LXn. An act supplementary to "An act to raise, for a limited time, an addi- tional military force," passed on the twelfth day of April, one thousand eight hundred and eight. When, in the Sec. 1. Be it enacted by the Senate and House of Ee-°^nf.th.e •' •/ president, il is presentatives of the United States of America m Con gress expedient to iij n,i ii • .1 • • p i.1 • mount the li»ht assembled, I hat whenever, in the opinion of the presi- artillery, horses dent of the United States, it is expedient to mount tlie™mS7a™,rtobe light artillery, or any part thereof, horses and accoutre- provided, fee ments shall be provided to equip the whole, or such part ^mmis's^".," as bc may direct; and when the non-commissioned offi- g^''ea,^p"^.tp<^ cers, musicians, artificers, and privates, are so equipped,fjj',h?°ffi,cerst0 the officers shall be entitled to the same forage as is ti.e same forage now provided for the officers of the same grade in thc ^e'Vot''ight6" regiment of lierht draeoons: Provided, The officers fur- d™s°on»- . , , . , '^ , i . i ■ Proviso; ihe ore- n'sh their own horses and accoutrements, and actually cers to fund* keep in service the same number of horses, to entitle fefaTkceT*' them to the aforesaid allowance fir forage, or its equi-theminstrvice> valent in money. Sec 2. And be it further enacted, That whenever thempn thP liffht said light artillery are ordered to be mounted, there«"aiery ■« «•- *Sce original act, chapter 54. 160 dered to he shall be provided one saddler and one farrier to each "eHnda far.aiere<>mpany, who shall be entitled to the same pay and allowed tot^chpmo]urnpiits as are now provided for saddlers and far- company withthe , ... . p,.' , . , same pay ,&c. riers in the regiment of light dragoons. [Approved, February 24, 1812.] CHAPTER LX1TI. An act supplementary to "An act to raise an additional military force."** Sec 1. Be it enacted by the Senate and House of Re- ihe non-com. presentatives ofthe United States of America in Congress mssioned offi. assembled, That the non-commissioned officers, musi- i-ers, privates (vrc. 7 1,1 ofthe light dia-cians, and privates, of the light dragoons, shall receive goons to receive ,, ... i . 1 * '• • 1 1 i_ i p iiie arneuniioi-mthe samp uniform clothing as is now provided by law lor vided tbiMhcP^ the artillery and infantry, excepting one pair of gaiters, ,r"cl>and,i"f"n-and four pairs of shoes, in lieu of which each person ir}, except, &C. I ■ shall be annually entitled to receive one pair of boots, and two pair of shoes. Sec 2. And be it farther enacted, That the non-com- The non-com- • i n» • • 1 • a p a, mi«ion.-dofficers.missioned officers, musicians, and privates, ot the regi- rhr*,-fi»eo?to°f,Tient or" light artillery, shall receive the same clothing ciohin 'asthT6*18 *'"e ''S''t dragoons, when ordered to he mounted. light dragoons, Sec 3. And be it farther enacted, That all the officers, ah officers. «- except ing general officers, who may be appointed during , . , ■ under the act an additional military force," sliall take rank in such take'rankCthp manner as the president of the United States shall di- adem du-ecis, ^^ wit|10„t; regard to priority of appointment. [Approved, March 17, 1812.] CHAPTER LXIV. An act to establish a quartermaster's department, and for other purposes.! ecpartmenus-1 Sec 1. Be it enacted by the Senate and House of Re- tabhshed., presentatives of the United States ef America in Congress * *For original act, see chapter 61, with the note thereto. t This act, so far as it relates to the organization of the quartermaster's department, and the compensation of its officers, is repealed and supplied by act of 3d March, 1813, chapter 80; which, with so much ofthe resi- due of this act as relates to other officers and their pay, may be considered as virtually repealed by act of 3d March, 1815, chapter 95. Some of the sections of this act are, however, of general import, not limited to any particular time; and though they may remain inoperative while no officers of the grades referred to exist, yet they would appear to revive and become applicable, whenever offices of the same denominations shall be again established. Such are sections 3, 5, b, 10, 11, and 13. 161 assembled, That there be, and hereby is, established a-ro comi* «f» quartermaster's department for the army of the United ^SewiAputies, States, to consist of a quartermaster-general, four depu-*Mi,ta,,t,'*c' ty-quartermasters, and as many assistant deputy-quar- termasters as, in the opinion of the president of the The quwrtermas- United States, the public service may require; the quar-^pu^to'he. termaster-general, and deputy quartermasters, to be ap- X^sMemana pointed by the president, by and with the advice and senate, , ,. , ■ .■ gnend of pUr-duty of the commissary -general cd purchases, unn>r the dhvc,tro7.h^directic)n and supervision of the secretary of war, to w\ImdUcfwtteconduct the.procuring and providing of all arms, mili- p«u™8of tary stores, clothing, and, generally, all articles of sup- ply requisite for the military service of the United States;* and it shall be the duty of the deputy commissa- ries, when directed thereto* either by the secretary of war, the commissary-general of purchases, or, iu cases 2rw"|ywh°eTdiIof necessity, by the commanding-general, quartermas- ^tase&Brtici.*ter-generai, or deputy quartermasters, to purchase all requisite fonhesuoj| 0f the aforesaid articles as may be requisite for the military service. . •> 1 military service ot the United States. Sec. 6 f And be it farther enacted, That neither the ^^^5?"""quartermaster-general, nor the commissary-general, mis»r>thgeneraV,shall, directly, or indirectly, be concerned or interested to be concerned n carrying on the business of trade or commerce, or be in commerce, nor . i i • p ■ in the purchasing, i wner, in whole or in part, of any sea vessel; nor shall lak^'any'emo'iu'either of them purchase, by himself, or another in trust b/Iaw^&c.un'der l»>r him, public lands, or any other public property, or Rsooo^nMn--3e concerned in the purchase or disposal of any public ment. notexceed-securities of any state, or ofthe United States, or take, remove from) or apply to his own use, any emolument or gain, for ne- tk^forn,Xceita*Sot'atinS or transacting any business in the said depart- ment, other than what shall be allowed by law; and if either the said quartermaster-general, or commissary- general, shall offend against any of the prohibitions of this act, the parties so offending shall, upon conviction, forfeit to the United States the penalty of three thousand dollars, and may be imprisoned for a term not exceed- ing five years, and shall be removed from office, and be forever thereafter incapable of holding any office under the United States. cSssarj^en. Sec- 7. And be it farther enacted, That the salary of enu, «sooo per the commissary -general of purchases shall be threethou- • The establishment of an ordnance department by chapters 69 and 94: ofthe office of apothecary general by chapter 80, section 7, and a better definition of tbe duties oi the quartermaster', department under the authority of section 5, chapter 79 left tothe com- musary general of purchases, the duties of providing clothing and camp equipage, to which they are at present confined, v H""*~oc»l" WI»™ tTWi section it repealed „£ supplied by act of 22d May, 1W2, chapter 71, sections I & 5. 163 sand dollars per annum; and the compensation to a de-annum, and puty-commissary sliall not exceed two and one half per™^™™ S centum on the public moneys disbursed by him, nor, ing^*1 Jg2000» any instance, the sum of two thousand dollars per annum. Sec. 8. And be itfurther enacted, That the commis- J^rSrfJuT' sary general of purchases shall, before he enters upon Sy^f^ his duties, give bond, with sufficient surety, to be ap-a"dilePu*>'«»>»- proved of by the secretary of war, in the sum of fifty iTgiojooo?1^ thousand dollars, and the deputy commissaries, each, iiiSd,™? the sum of ten thousand dollars, with condition for thetruUer' faithful performance ofthe duties of their office, respec- tively; which bonds shall be lodged with the comptroller of the treasury. Sec 9. And be it further enacted, That, from and af- £°t ™"J*b,'?^j,a ter the last day of May next, so much of the act, enti- nVoffictof "",? tied "An act to establish the office of purveyor of public E^he^' supplies,"* as relates to the appointment and services SJEf J^U of a purveyor of public supplies, be, and the same i«, veyor, repealed. hereby, repealed; and, in the mean time, the purveyor The purveyor to shall deliver over to the commissary-general, or one olf^'^mSry his deputies, the public stores and property of all sorts funeral, &c. the • • • i in ■ . f . i. . public stores, &c. in his possession, who shall receipt to him for the same. Sec. 10. And be itfurther enacted. That ail letters^Xf^the and packets, to and from the quartermaster-general, and q,1f,e,'msi"' 1 . in n ' and commissary commissary-general, shall be tree from postage. general, tree. &c. Sec 11. And be it further enacted, That there be al Not extmtins, 1 I e 4.1 a' Pa, ... 8'5»0a year al- lowed, tor tbe compensation ot the necessary clerks in !owed »'°r clt,rks the quartermaster-general's office, a sum not exceedingmUer gTnerlTcs fifteen hundred dollars a year; and for the compensa-ei[c^dingU«i7oo tion ofthe clerks ofthe commissary-general, a sum not [■£ ^mc!^,uf exceeding seventeen hundred dollars per annum, withw>tu books, ew'. such books and stationary as may be necessary to tiie quartermaster-general's and commissary general's de- partments. Sec 12. And be it further enacted, That the quarter- The quarterma.. master-general be authorized to appoint a principal wa- uionzeTu/a'p. gon-master, and as many wagon-masters as he may ^o„apm^ef, judge necessary for the service of thc army, not ex-*"- to provide ,-___ L ii* ■ . i^-Tit. and conduct the ceeding one to each brigade, whose duty it shall be, un-wagons,&c der the direction of the quartermaster-general, or any of his deputies, to provide and conduct the wagons, and other means of transport, necessary and proper for the military service ofthe United States. Sec 13. And be itfurther enacted, That no wagon- not wnbemcon"* master shall, directly or indirectly, be concerned or in-£"^4".*?; terested in any wagon, or means of transport, employed eq*,'as agents, *See chapter 23. 164 in the service of the United States, nor in the purchase or- sale of any horses, harness, wagons, or other means of transport, procured for, or belonging to, the United States, except as agent for the United States. Sec 14. And be'it farther enacted, That the principal ™T',™'e0rs wa wagon-master shall be entitled to receive forty dollars per month, three rations per day, and forage tor one horse; and each wagon-master shall be entitled to re- ceive thirty dollars per month two rations per day, and forage for one horse. Sec 15. And be itfurther enacted, That the quarter- terseTIevS^u-^'inaster-general be authorized to appoint one principal poimaVr^pai f«>i-age master, and as many assistant forage masters, as fo.age master. t},e liatUre of the service may require, not exceeding one etc. ti. provide " ■ . , . ,. a.d dehver out to eat h brigade, whose duty shall be, under the direc- tion of the quartermaster-general, or any of his depu- ties, to provide and deliver out forage necessary and No forage master ;,roi)er for the militarv service ofthe United States; nor to b>- concer ed .1, „ * . ,. , • i- ai in the purchase snail any forage-master be, directly or indirectly, con- elicTptasagms'.cerned in the purchase or sale of any article of forage &c- procured for or belonging to,the United States, except as an agent for the United States. Par sec of for- Sec '6- And be itfurther enacted, That the princi- agemasters. pal forage-master shall be entitled to receive forty dol- lars per month, three rations per day, and forage for two horses; and that the other forage-in asters shall bc entitled to and receive thirty dollars per month, two rations per day, and forage for one horse. Four conductors Sec. 17. And be it further enacted, That there shall 0|a,l,lle.r>.. to be four conductors of artillery, who shall be appointed uiepKeiit,&ft! by tbe president alone, each of whom shall be entitled to the pay and emolu ments cd" a lieutenant of artillery. This act to f*o Sec. 18. And be itfurther enacted, That this act shall inf. operation on ^o into operation on the lirstdav of April next; and that th^ 1st ot April, ~ i «> i . • • ■. . 1812. so much ot tbe act hxmg the military peace establisb- «t mentio"0 l,,ent ot t,ie United States,* as respects the appointment a, r.spensihe <,f military agents and assistant military atrents, be, and app'iintineiit , • . • . ■ ,. 7 .■ . , of m.iitary the same is hereby, repealed, lrom and alter that day; peeled'&c're" but all those agents shall continue to perform their re- Th miiiiary spective duties in the mean time, and until the deputy timleV r^'form a>'d assistant deputy-quartermasters shall be appointed Jhe mlmime" an.<1 ,ea(1y to c»» &c< cording as the commanding officer of that corps may, with the approbation of thepresident ofthe United States, di- . i.i -l • i ix' . • Non-commission. rect; and the said non-commissioned officers, musicians, ed ofti.ers,artiii- artificers, and men, shall be allowed the same pay and Same ply.&f. emoluments as are allowed to the noncommissionedasin **e«??.- . . ,.„ , . . ment of aituler- omcers, musicians, artihcers, and men, in the regiment uis. of artillerists. Sec 2. And be it further enacted, That the military™*; militarr . ^ . •" academy to con- academy shall consist ot the corps ot engineers, and the sist of the corps following professors, in addition to the teachers of the and.^IT'a.'idiiion French language and drawing already provided, viz: Fren^ndT"ot one professor of natural and experimental philosophy. f^Ly,na't5S with the pay and emoluments of lieutenant-colonel, if and experimental not an officer of the corps, and, if taken from the corps, LsoToVnSilw then so much in addition to his pay and emoluments as ""j,"'thePa°fof shall equal those of a lieutenant-colonel; one professor *"fhinaeS*nt of mathematics, with the pay and emoluments of aprofts'<,«>&c' major, if not an officer of the corps, and, if taken from the corps, then so much in addition to his pay and emo- luments as shall equal those of a major; one professor of thc art of engineering in all its branches, with the pay and emoluments of a major, if not an officer of the corps, and, if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a major; each of the foregoing professors to have an as- •See act of 16th of March, 1802, chapter 46, section 26, &c 168 sistant professor, which assistant professor shall hc taken from the most prominent characters of the offi- cers or cadets, and receive the pay and emoluments of proviso; nothingcaptains, and no other pay or emoluments, while per- ^cademlcai^forming these duties: Provided, That nothing herein ^andTth^: contained shall entitle the academical staff, as such, to my,separate,&cany command in the army separate from tbe academy. Sec 3. And be it further enacted, That the cadets, ™excSo.not heretofore appointed in tbe service ofthe United States, whether of artillery, cavalry, riflemen, or infantry, or that may in future be appointed as hereinafter provided, shall at no time exceed two hundred and fifty: that they may be attached, at the discretion of the president ofthe United States, as students to the military academy, and be subject to the established regulations thereof; that they shall bc arranged into companies of non-commis- Reguiations.con-sioned officers and privates, according to the directions giiniMtion, dis- ofthe commandant of engineers, and be officered from q^iifiw'Sns, the said corps, for the purposes of military instruction; ^,0efrml<°eftsser-that there shall be added to each company of cadets four musicians; and tbe said corps shall be trained and taught all the duties of a private, non-commissioned of- ficer and officer; be encamped at least three months of each year, and taught all the duties incident to a regular camp; that the candidates for cadets be not under the age of fourteen, nor above the age of twenty-one years; that each cadet, previously to his appointment by the president of the United States, shall be well versed in reading, writing, and arithmetic, and that he shall sign articles, with the consent of his parent or guardian, by which he shall engage to serve five years, unless sooner discharged; and all such cadets shall be entitled to and rereive the pay and emoluments now allowed by law to cadets in the corps of engineers. when a cadet Sec 4. And be it further enacted, That when any to*de^eVl£".ca(*et snRN receive a regular degree from the academi- !?!iLtobe consi-cal staff, after giing through ail the classes, he shall be oered as among . , ° «~ ' i. i » che candidates considered as among the candidates for a commission in ^anTwhen"'any corps, according to the duties he may be judged ^euTa™r7sThecomPetentto perform; and in case there shall not, at'the t'ohya^,sau'^rn^tirn.e' be a varancy in such <*orps, he may be attached me.a0officer, to it at the discretion of the president of the United States, by brevet of the lowest grade, as a supernume- rary officer, with the usual pay and emoluments of such proriso;notmoree:rade' until a vacancy shall happen: Provided, That nhu^er'aoSX;rtl,e,'e s,,al1 not be mol'e than one supernumerary officer to one company, to any one company at the same time. 169 Sec 5. And be it further enacted, That the sum ofg2s.oooappropri. tw.'iity five thousand dollars be. and the ^ame is hereby.buwL^r'.i£ appropriated, to be paid out of any money in the trea-jLnbKr^^tus'* sury, not otherwise appropriated, for erecting buildings, and for providing an apparatus, a library, and all ne- cessary implements, and for such contingent expenses as may be necessary and proper, in the judgment of the president of the United States, for such an institution. Sec 6. And be itfurther enacted, That so much of so much_ of the the twenty-sixth section ofthe act, entitled "An act^acTitato,die fixin» the military peace establishment," passed the six-^'^f,^ teenth day of March, one thousand eierht hundred ai.d «•"»?'*» ■heu se" . *„ .. ,. „. » , „, lectio:, o- the two, as ronhncs the selection of the commander of the comma..ier, he. corps of engim ers to the said corps, be, and the same is en^ws^'re- hereby repealed. [Approved, April 29, 1812.] p*1"*-- CHAPTER LXVI1I. An act to provide for designating, surveying, and granting, the military- bounty lands. Sec 1. Beit enacted by the Senate and House of We-The president to presentatives of the United States of America in Congress ;*"* 1t1lotb^xt^ assembled. That the president of the United States be,ing 6,000,000 of d. - 1 • .. . , . . .teres of public he is hereuy, authorized to cause to be surveyed aiand,&c. quantity if the public lauds of the United States, fit for cultivation, not otherwise appropriated, and to which th;' Indian title is extinguished, not exceeding, in the whole, six millions of acres; two millions to be surveyed 2)0oo,ooo in each in the territory of Michigan,* two millions in the Illinois of*Verri,Tn"ed-. Mith the i.ii • p • exceptions thus surveyed, with the exception of the salt springs mentioned, and lead mines therein, and of the quantities of laud ad- f"P fatwymg th« jacent thereto, as may be reserved for the use of the^Mpronulrfto same by the president of the United States, aud the sec- XTtu'eoS"' tion number sixteen in every township, to be granted tosouhers. the inhabitants of such township for the use of public •See chapter 102. £2 170 BC ol bonis, shall be set apart and reserve, for the purpose of satisfying the bounties of one hundred and sixty acres, promised to the non-commissioned officers and soldiers of the United States, their heirs and legal representa- tives, by the act, entitled "An act for completing the existing military establishment,"* approved the twenty- fourth day of December, one thousand eight hundred and eleven, and by thc act, entitled "An act to raise an additional military force,"! approved the. eleventh day n,c secmary of of January, one thousand eight hundred and twelve. »-artoi«uc .ar- gEC 2# j}n(i fo ,7 further enacted, That the secretary rants fur the mi- *-"--^. ,/ . in jiiHiv land boun-for the department of war, for the time being, sliall, ur"&(" from time to time, issue warrants for the military land bounties to the persons entitled thereto hy the two last r^Mwb^taurf mentioned acts, or either of them: Provided always, That in the names of sucj., warrants shall be issued only in the names of the the persons en- . ... ■ ■ ■ .,, ,. • titled, to be ap- persons thus entitled, and be, hy them or their represen- Ki^'tatives, applied for within five years after thc same per- iim arguable, gong shan have become entitled thereto; and the said warrants sliall not be assignable or transferable in any . „ manner whatever. Persons in whose «.,../.., > t mi a favour warrant* Sec 3. And be it further enacted, That every person wVdHWerin'i'"d'in whose favor such warrants shall have been issued, SSni..i^drS", shall, on delivery of the same at the office of thc sccre- to be entitled t..'tary nf the treasury, or of such other ollicer as may at draw, bv lot. one J , • , p . i of the quarter the time have, by law, the superintendence of the genc- eiSnoVthc't.'" ral land office of the United States at the seat of go- patUeBtSi'oa,b? a vcrnment, be entitled to draw, by lot, in such manner ^amed without as the 0fficer at the head of the land office, under the direction ofthe president of the United States, may pre- cribe, one of the quarter sections surveyed by virtue of the first section of this act, in cither of the said territo- ries which the person in whose favor such warrant has issued may designate. And a patent shall thereupon be granted to such person, for such quarter section, with- Murvribimiout requiring any fee therefor. umifaflS'.'pa. Se(!* 4* ^n^ be itfurther enacted, That no claim for tent, he. the military land bounties aforesaid sliall be assignable au sales, mort-or transferable in any manner whatcver, until after a Sl^aT^prior'Patent shall have been granted in the manner aforesaid. uiuaw?.Ktent^^ 8a^es' m°i'tgages, contracts, or agreements, of any to aiienate, he. nature whatever, made prior thereto, for the purpose, any claim to mi- „.:4.u • . ± «> i- a' i i • . litao land boun-or with intent, of alienating, pledging, or mortgaging, £SKSto?.any 8Uch c,aim> are hereby declared, and shall be held, null and void; nor shall any tract of land, granted as aforesaid, be liable to be taken in execution or sold on, *See chapter 60, section 2. tsee chapter 61, sectionl2. 171 afccmint of any such sale, mortgage, contract, or agree- ment, or on account of any debt contracted prior to the date of the patent, cither by the person originally enti- tled to the land, or by his heirs or legal representatives, or by virtue of any process, or suit at law, or judgment of court, against a person entitled to receive his patent as aforesaid. [Approved, May 6, 1812.] CHAPTER LXIX. An act for the better regulation ofthe ordnance.* Sec 1. Be it enacted by the Senate and House of Re- An ordnance de. presentatives of the United States of America in Congress iifhedTto comut assembled, That there be, and hereby is, established an^naMXm^ ordnance department, to consist of a commissary-gene-« i ■ • i a i ■ i i ■■■ whet I ughts, car- wheelwnght, and carriage-maker, and a master-black-nast:makers,&c. smith, be allowed thirty dollars, each, per month, and one ration and one half of a ration per day; that any other * Repealed and supplied by act of 8th February, 1815, chapter 9*. fSee supplementary act, chapter 85. jSee chanter 80, section 6. 172 wheelwrights, carriage-makers, and blacksmiths, be allowed, each, sixteen dollars per month, ami one ration and one half of a ration per day; that the laborers, each, be allowed nine dollars per month, and one ration per day. D„he« of the Sec 5. And be it farther enacted, That it shall be the er^ofordnaiice'duty of the commissary-general of ordnance to direct the inspection and proving of all pieces of ordnance, cannon balls, shells, and shot, procured for the use of the army ofthe United States; and to direct the construction of all carriages, and every apparatus for ordnance, for garri- son and field service, and all ammunition wagons, pontoons, and travelling forges; also tbe direction of laboratories, the inspection and proving the public pow- der, and the preparing all kinds of ammunition for gar- rison and field service; and shall, half yearly, examine all ordnance, carriages, ammunition, and apparatus, in the respective fortresses, magazines, and arsenals, arid cause the same to be preserved and kept in good order. Sec 6. And be itfurther enacted, That the commis- ^!,"r.!f"<.rdysary -general of ordnance shall execute all orders issued "hnordcrseXissued })y the secretary for the department of war, in convey- b>-the s civ.ar} ing all ordnance, ammunition, and apparatus, to the of war; and, in " . . . ' ' . time of war, the respective armies, garrisuns, magazines, and arsenals; naa"officer^&e". a»d, in time of war, he shall execute all orders of any general officer, commanding in any army or garrison, for the supply of ordnance, ammunition, carriages, pon- toons, forges, furnaces, or apparatus, for garrison, field, or siege service, and forward the same, without delay, and in good condition. The commissary Sec" 7' And be it further enacted, That the commis- geneiai of oYd-sary general of ordnance shall, half yearly, transmit to nance to trans- . ■ • , , c , #. ., mil, half yearly,1 lie department ot war a correct return of all ordnance, rfwKrdn?.,^a,nmu»,iti"n» military stores and effects, in the respec- t?.ha wSnSS;tiye Ra,,,,|sons, arsenals, magazines, posts, and camps, he. 'with a statement of their order, quality, and condition; and also what may he necessary to keep up an ample supply of each and every article in thc ordnance depart- ment, and shall, in all things, faithfully and without de- lay, execute the orders ofthe secretary for the depart* ment of war touching the same. iw.^t &™.S.Jndbe it further enacted, That, the superin- S.'.;«'kfe.mler7f M'!S( n,,,,ta''.v stores, keepers of magazines and ii."f^..£s!,fcc." arsenals, shall, half yearly, make correct returns, to the r-rii'.k«^«f <«>""»issary-general of ordnance, of all military stores ^,luiUV-n.t,,at,be-yrc8»,e(,ti*e,3r''ave >»' rhargej and that the as- erai. andtheas-s^tant commissary-general of ordnance, the deputy- 173 commissaries, and assistant deputies, shall, faithfully sistantcommissai and without delay, execute all orders that shall be issued S^ by the secretary for tbe department of war, the com-8"5, inanding general, in time of war, of any corps, camp, or garrison, or of the commissary-general of ordnance, in their respective departments, by virtue of this act. Sec 9. And be itfurther enacted, That the commis-The commissar* sary-general of ordnance shall make a correct report ofr;|""aJ0°,„aked; the artificers and laborers, from time to time, employed correct report, by him, and transmit the same to the adjutant-general. tCne ofartificers Sec 10. And be it farther enacted, That, for defray- employee! ing the expense that may be incurred in the execution £20,000 apm-o- of this act, the sum of twenty thousand dollars be, and Fraying theel- the same is hereby, appropriated, to be paid out of any bTincnrmTun- money in the treasury, not otherwise appropriated. derthis act- &e [Approved, May 14, 1812.] CHAPTER LXX. Ah act making further provision for the army of the United States.* Sec 1. Be it enacted by the Senate and House of Re-The president presentatives of the United States of America in Congress ^ZZfmLy assembled, That the president of the United States he, ^"^ ^"sei- and he hereby is, authorized and empowered to appoint ™*may require, so many district paymasters as, in his judgment, the ser- vice may require; and if such paymasters are taken from the line of the army, they shall, respectively, re- ceive thirty dollars per month, in addition to their pay in the line: Provided, The same shall in no case exceed ofaVSictpPa7- the pay and emoluments of a major; and if not taken ^etn"t0totfa3X" from the line, they shall receive the same pay and emo- maJ°r. &«•. luments as a major of infantry. Sec 2. And be it further enacted, That the president-. . , ... . n the non-commissioned officers ami privates allowed to driierftoVen-*'^ re.?'ment ©flight .artillery, each company shall be ihUfors jenrs.entitled to twelve drivers of artillery, who shall be en- !i!ibieStodo'du'ty listed for five years, unless sooner discharged, and re- when;&c!ks' ceivethe same pay, rations, and clothing, as the pri- vates of the army: Provided, Such drivers of artillery shall, at all times, be liable to do duty in the ranks when the company shall not be mounted. so mud, of the Sec*. 7' And be.il farther enacted, That so much of the aamentioned.as "Act for establishing rules and articles for the go- fnmclion^ofcor-vernment of the armies of the United States," as au- £emtvpstri£', tlmrizes the infliction of corporeal punishment by stripes clashes,repeal.or lashes, be, and the same hereby is, repealed. [Approved, May 16, 1812.] CHAPTER LXXI. An act to amend an act, entitled "An act to establish a quartermaster's department, and for other purposes."* Neithertiieqnar- Sec- *• Bt it enacted by the Senate and House of Re- tS^ry,^n-Presentatives °f the United States °f America in Congress *See original act, chapter 64, with the note annexed thereto, the latter part ot which, is applicable to sections 1,3, and 4 of this act. 175 assembled. That, neither the quartermaster-general, theerai, nor their commissary-general, nor any or either of their deputies ^^^^ or assistant deputies, shall be concerned, directly or in-comn,t?|,ci?1 Pur" i • , . , , . r. • i poses, in the pur- ilirectly, in the purchase or sale, for commercial pur-chase or sale of poses, of any article intended for, making a part of, ord"dfor the'^re- appertaining to, their respective departments, except for, SsJ&c.except", and on account of, the United States; nor shall they, or^c« either of them, take or apply to his or their own use, any gain or emolument for negotiating or transacting any business in their respective departments, other than what is or may be allowed by law. Sec 2. And bc it farther enacted, That thc quarter- Thequartermas- master-general be, and he is hereby, empowered to ap- pom^ed'"^ ap- point, one principal barrack-master, and as many deputy {XbaTrackmaJ- barrack-masters as may, from time to time, be nccessa-,1er'a?dasmany , , deputies :.s may ry, not exceeding one to each separate barrack or can- »>e necessary, &c tonment; which said principal barrack-master shall be&e.ej"e ins' entitled to receive the same pay, rations, and emolu- ments as the principal forage-master; and each of his de- puties, the same pay, rations, and emoluments, as is by law allowed to a deputy forage-master. Sec 3. And be it farther enacted, That, in addition The secretary of to the allowance made to the quartermaster-general and a^'aSinTui- commissary-general, respectively, in and by the act "'X^mast'eT hereby amended, it shall and may be lawful for the se-a,ld commissary cretary for the department of war for the time being, torent7ilei"&c.ct allow to them, respectively, such sums as, in his opinion, shall have been actually and necessarily expended in their several departments for office rent, fuel, candles, and extra clerk hire. Sec 4. And be itfurther enacted, That the quarter- The quarterns. master-general, the deputy quartermasters, and the as-pUrt;^'geatoen" sistant deputy quartermasters, shall, before they, or**""0 bonds» either of them, enter upon the duties of their appoint- ment, respectively enter into bond, with sufficient se- curity, to be approved of by the secretary of war, con- ditioned for the faithful expenditure of all public mo- neys, and accounting for all public property, which teregene^™not may come to their hands, respectively; and the quarter- ^]\^t v^r' master-general shall not be liable for any money or pro-{"^ »"$ ^ perty that may come into the hands of the subordinate ordinate officers, officers of his department. Sec. 5. And be it farther enacted, That the sixth sec- The 6th sec. Qf tion of the act hereby amended, be, and the same is lep^U™101^ hereby, repealed. [Approved, May 22, 1812.] 176 CHAPTER LXXTT. An act for the more perfect organization of the army of the United States.* Sec I. Be it enacted by the Senate and House of Re- presentatives of the United States of America in Congress ™™™IZ£assembled. That the infantry of the army of thc United rtentsf2S ^"States shall consist of twenty-five regiment's and that a regiment shall consist of one colonel, one lientcnant-co- organizationofa]onel, one major, one adjutant, one paymaster, one regiment. ° ■ , . quartermaster, one surgeon, two sursreon s mates, «me sergeant-major, one quartermaster's sergeant, two prin- cipal musicians, and ten companies. Sec 2 And be it further enacted. That each compa- ny sliall consist of one captain, one first lieutenant, one ac^pmry°n'°fsecond lieutenant, one ensign, four sergeants, six cor- porals, two musicians, and ninety privates. Sec 3. And be it farther enacted, That, to the regi- a riding master me,,t or> cavalry, authorized by the act, passed January to the regiment e]eventh, one thousand eierht hundred and twelve, enti- of cavalry men- , . . ,,... , .... ,. ..... tioned. tied "An act to raise an additional military force, f there shall be added one riding-master; and to the regiment of light dragoons authorized by the act, passed April a surgeon's twelfth, one thousand eiarht hundred and eight, entitled mate to the re- . i*. . ■ , - . .7 . ' ,„ giment of light **An act to raise tor a limited time, an additional mili- dragoous uieu- „ ,, . , tioned. tary force, \ one surgeon s mate. Sec 4. And be it further enacted, That each troop of cavalry, or light dragoons, shall consist of one captain, organization of one first lieutenant, one second lieutet ant, one cornet, a troop ol caval- . , . . » ry.&c four sergeants, six corporals, two musicians, one master of the sword, one saddler, one farrier, one blacksmith, The pay, fee. ofand sixty-four privates; and the pay and emolument of a ">■»»«« of tma master of the sword shall be the same as those of a sword the same «... as that oi a nd- riding-master, and the pay and emolument of a black- ^bSnlithl'the smith shall be the same as those of a farrier. same as a tamer. gEC< 5> ^nrf be itfurther enacted, That thc military The military es- establishment authorized by law previous to tbe twelfth lhor\sSreviou"sciay ot* APril> one thousand eight hundred and eight, and to the 121 h April, the additional military force raised by virtue of the act ditiol^i military of the twelfth of April, one thousand eight hundred and [°ctVn"ioned,he eight, be, and the same are hereby, incorporated; and incorporated, that, from and after the passing of this act, the promo- Promotionstobetions shall be made through the lines of artillerists, light Kn^^SSaitillery, dragoons, riflemen, and infantry, respectively, ^e#accordiDs «> according to established rule. [Approved, June 26, 1812.] • This act, with the exception of that part of section 5 \* hich relates to the rule of promotions, is superseded by act of 3d March. 1815, chapter 95 fChapterCl. ^Chapter 54. 177 CHAPTER LXXIlt. An act respecting the pay of the army of the United States.* Sec 1. Beit enacted by the Senate and House of Re- ^ offioeMftlrf presentatives of the United States of America in Congress soldiers of th« assembled, That the officers, non-commissioned officers,th^'same^py6, musicians, and privates, of the army of the United <°™s£ t™t,°m?' States, shall receive the same pay, forage, rations, J^™^1^*1 clothing, and other emoluments, as the officers of the the act to raise, 1 j • ' -l ai..„..i. m.. fora limited time, same grade and corps, non-commissioned omcers, mu-an addi!ionai mi. sicians, and privates, are entitled to by the act, entitled «*ary force, &c, "An act to raise, for a limited time, an additional mili- tary force,"! passed April twelfth, one thousand eight hundred and eight; and to the aid-de-camp of a briga- dier, to a brigade quartermaster, brigade inspector, and adjutant, there shall bc allowed forage for one horse only, or, in lieu thereof, ten dollars per month; and to the brigade-majors, under the act passed January tlie eleventh, one thousand eight hundred and twelve, there shall be allowed forage for one horse, or, in lieu thereof, ten dollars per month; and the pay of a quartermaster- sergeant shall be nine dollars per month. [Approved, July 6, 1812.] CHAPTER LXXIV. An act making further provisions for the army of the United States, and for other purpos.es.:": Sec 1. Be it enacted by the Senate and House of Re- presentatives of the United States of America in Congress ^J^l assembled, That the president of thc United States be, "y^ •£ and he is hereby, authorized, by and with the advicep,«idemand s* and consent of the senate, to appoint two brigadier-ge^*-"6'^ nerals, in addition to those already authorized by law, who shall each be entitled to the same number of aids^"^ and brigade-majors as are allowed to a brigadier-ge-ic.^eceiv^ neral under the act of congress, passed the eleventh ol Januarv, one thousand eight hundred and twelve. And the said" brigadier-generals, aids, and brigade-majors, •Superseded by act of 3d March, 1815, which refers to and adopts the provisions of the same act in respect to pay, &.c. fSee chapter 5t, section 4. tTlie first and second sections of this act, relating to organization and pay, are superseded by the provisions of the act of March 3d, 18to, chapter 95. The residue, from their nature and general import, ire not liable to be incidentally repealed. Q.1 178 shall be entitled to receive the same pay and emolu- ments as are by law allowed to officers of the same grade. ■ri dent Sec- 2- Md be it further enacted. That to any army maya>^in?a nf the United States," other than that in which the adju- S"ri'..tc.'a?otant-general. inspector general, quartermaster-general, ?haynTaJinthera"d paymaster of the army, shall serve, it shall be law- whieh the adw-f„i for {he president to appoint one deputy adjutant-ge- tant wneral. &c. I ■ * , -i . ..„„ serve,, xcc. to be.,pral. one deputy inspector-general, one deputy quar- &&my"termastcr-£rencral, and one 'deputy-paymaster-general, pay, he. who shall be taken from the line of the army, and who shall, ear h. in addition to his pay and other emolu- ments, he cnliilrd to fifty dollars per month, which shall be in full compensation for his extra services. And Not exceeding j],,^ there shall bc, to each of the foregoing deputies, three assis'ant „. ■ ./ i* 2.1 deputies to each such number of assistant deputies (not exceeding three thT^rirr'naVyto each department) as thc public service may require. ken^uiKwho shall, in like manner, be taken from the line, and pay, &e. Wnn s|l51i|s each, be entitled to thirty dollars .per month, in addition to his pay and other emoluments, which sliall be in full compensation for his extra services: And IKt^hori^dprovided also, That the president of the United States o°fthe'>offitcerTy|,0« a"d he is hereby, authorized to appoint any of the nam«i. in the nffirers named in this act during the recess ofthe senate, recess, to he sub- . ... . . . i a • p mitted. kc. to be submitted to the senate, at their next meeting, tor tetters, he. tot!.urinSthe con- continuance of the war'with Great Britain, no non-com- w:u-awirh°Gi*t missioned officer, musician, private, driver-, bombardier, Bi"'li">"0 Ilon- "... ... .. com nn-.sioned of- matross, sapper, miner, artihcer, saddler, farrier, orficer.pmate.&c. blacksmith, enlisted in the service ofthe United States, Kebt" &*"*' during his continuance in service, shall be arrested, or subject to arrest, or to be taken in execution, for any debt before or after enlistment. Sec 3. And be it further enacted, Thai every non-com-Non.commission. missioned officer, musician, and private, who shall, aftered "^'^ p«- .. , .. ' .. ,, • . . * .. . . , , yates,&creciuit- the promulgation ot this act, be recruited in the regular *d after the pro- army of the United States, may, at his option, to beMt'I-n^iiiliiMS made at the time of enlistment, engage to serve during^Ze,oYlt\\f t\w the present war with Great Britain, instead ofthe term*^"." °Ption> of five years; and shall, in case he makes such option, be entitled to the same bounty in money and land, and to all other allowances, and be subject to the same rules arid regulations, as if he had enlisted for the term of five years. [Approved, December 12, 1812.] •Rendered obsolete by the termination of the war. For pay, subse- quently, see provisions of the act of 3d March, 1515, chapter '.'3. 180 CHAPTER LXXVI. An act supplementary to the act, entitled "An act for the^more erfect organization of the army of the United States."* Sec 1. Beit enacted by the Senate and House of Re- ■ri,e president presentatives of the United States of America in Congress Buihori»d.to*£ assembled, That the president of the United States be, S major wand he is hereby, authorized, by and with the advice ten,io^fme,i,an(l consent of*the senate, to appoint one additional major to the first regiment of light dragoons, the regi- ment of light artillery, each regiment of infantry, and the rifle regiment, in the army of the United States, who shall receive the like pay, rations, forage, and other emoluments, as officers of the same grade and corps of the present military establishment. Sec 2. And be it farther enacted, That there be ap- a third lieuten.p0inted, in manner aforesaid, one third lieutenant to ?edt*?eahPcwi"-each troop or company in the army of the United States, ST;;y&".the ar who, if of cavalry or light dragoons shall receive the monthly pay of thirty dollars, and of other corps, twen- ty-three dollars, and be allowed the same forage, ra- tions, and other emoluments, as second lieutenants of the same corps to which they belong. Sec 3. And be it further enacted, That there be al- rer'geant'aMowerth>wed to each troop or company in tbe army of the to each uoop or U„jted States, one additional sergeant, who shall receive company in the . © ' . army, &c. the like pay, clothing, rations, and other emoluments, as sergeants of the present military establishment. g24 on account Sec 4. And be it further enacted, That, in order to be advl.iwed to complete the present military establishment to the full each able bodied number authorized by law, with the greatest possible teVt'he ist reb. despatch, there shall be paid to each effective, able bodied i8i3, &c. man, who shall be duly enlisted into the service of the United States, after the first day of February next, to serve for the term of five years, or during the war, an advance, of twenty four dollars, on account of his pay, in addition to the existing bounty, one half of such ad- vance to be paid at the enlistment of the recruit, and Bounty of 160 ^e otaei" na^ uhen he shall be mustered, and have acresofiand,&cjoined some military corps ofthe United States, for ser- vice; ai d a bounty of one hundred and sixty acres of land, as heretofore established by law.f commissioned of. Sec 5. And be it farther enacted, That the commis- heers empiu>oigioncd 0ffirers who snalj be employed in the recruiting •This act is superseded by that of 3d March, 1815, fixing the peace es- tablishment of the United States—See chapter 95. fSo much of this section as relates to an advance of pay to recruits, is specially repealed by chapter 86, section 1. 181 service, shall he entitled to receive for every effective in recruiting able bodied man, who shall be duly enlisted after the j^^SE first day of February next, by them, for the term of fiveenlisled' *«• years or during the war, and mustered, and between the ages of eighteen and forty-five years, the sum ofProviso; the re. four dollars: Provided, nevertheless, That this regula-&ulatiun resi*"- a - 111 If .sfft HOt tO tion, so far as respects the age of the recruit, shall not extend Jo musi- ..„. i . . . /, , ,. i cians or soldiers extend to musicians, or to those soldiers who may re-who re*nii$t. enlist into the service: And provided also, That no per- son under the age of twenty-one years shall be enlisted unde^lie^of by any officer, or held in the service of the United f^^,^ States, without the consent, in writing, of his parent, ofri"r^,ntcTem guardian, or master, first bad and obtained, if any he have; and if any officer shall enlist any person contrary officers enlisting to the true intent and meaning of this act, for every such wtWsact!toIio7 offence he shall forfeit and pay the amount ofthe bounty ^^^ and clothing which the person so recruited may have gaud cl0thiI,s> received from the public, to be deducted out of the pay and emoluments of such officer. Sec 6. And be it further enacted. That it shall beperSonsperform- lawful for any person, during the time he may be per-j1ntfaau0uutlyofnm^ forming a tour of militia duty, to enlist in the regular |££"hs'ed' anil army of the United States, and the recruiting officers *&iedlrJm™i"~. are hereby authorized to enlist any such person, in thea"? o^tht'wu"* same manner, and under the same regulations, as if he&c- were not performing such militia duty; and every per- son who shall enlist, while performing a tour of militia duty as aforesaid, shall be thereby exonerated from serving the remainder of said tour; and tbe state to which he may belong shall not be required to furnish any other person to serve in his stead. [Approved, January 20, 1813.] CHAPTER LXXVII. An act in addition to the act, entitled '• An act to raise an additional mili- tary force," and for other purposes.* Sec. 1. Be it enacted by the Senate and House of Re-^ot^f^Bot presentatives of the United States of America in Congress infantry to be assembled, That, in addition to the present military cs-™ar,&&01 tablishmcnt of the United States, there be raised such number of regiments of infantry, not exceeding twenty, as, in the opinion of the president, may be necessary for •Superseded by the provisions of the act of 3d March, 1815, fixing the peace establishment—See chapter 95. it: the public service, to be enlisted for the term of one year, unless sooner discharged. Sec 2. And be it further enacted, That each of the Se£nt.ofsaid regiments shall consist of one colonel, one lieute- nant-colonel, two majors, one adjutant, one paymaster, one quartermaste;, one surgeon, two surgeon's mates, one sergeant-major, one quartermaster-sergeant, two principal musicians, and ten companies. Sec S. And be it farther enacted, That each com- oreanrzation ofpany shall consist of one captain, one first lieutenant, one eaehcompany. secon{] lieutenant, one.third lieutenant, one ensign, live sergeants, six corporals, two musicians, and ninety pri- vates. Sec 4. And be itfurther enacted, That it sliall be ^^^1,..lawful for the president of the United States, in the re- **** duriuf ^cess ofthe senate, to appoint such of the officers autho- «ritted,&c. "rized by this act, as may not be appointed during the present session; which appointments shall be submitted to the senate at their next session, for their advice and consent. Sec 5. And be it further enacted, That all the offi- officcrs and soi-rers non-commissioned officers, musicians, and pri- (oerS'io recti ve tlie * aune pay. cic.as vates, authorized by this act, shall receive the like pay, oftheffipreleiitc'forage, rations, clothing, and other emoluments, (the J^ent^x£pt land and bounty excepted,) as the officers of the same *"■- grade and corps, non-commissioned officers, musicians, and privates, of the present military establishment. Sec 6. And be it further enacted, That the officers, Tie officers,and nor,«commissi()iiecl officers, musicians, and privates, of sokhtrs, to lie . . . ' ' governed by the the regniieiits hereby authorized to be raised, shall be ■fwar? a "governed by the rules and articles of war, which have been established by the United States in congress as- sembled, or by such rules and articles as may be here- after by law established. Sec. 7. And be it further enacted, That the commis- fiSTS'^ive missioned officers, who shall be employed in recruiting sSeniST&c;the fo,ce authorized by this act, shall be entitled to re- 'ceive, for every person enlisted by them into this ser- vice, for the term specified, and approved by the com- manding officer of the regiment, and between the ages .wise- the ^ 0I" eiS,,teen an{1 forty-five years, the sum of two dpllars: ^biSnrJveit Provided, nevertheless, That this regulation, so far as !nf rcemitf no[»'csPects the age ofthe recruit, shall not extend to musi- sTcnC&e! mu' cians' or t0 those soldiers who may re-enlist into the k»person underservice: And provided also, That no person under the ?hta!TS?.,aSeof twenty-one years shall be enlisted by any offi- ofparents,he. cer, or held in the service of the United States, without 183 thc consent, in writing, of his parent, guardian, or mas- ter, first had and obtained, if any he have; and if any Any officer en. ofiicer shall enlist any person contrary to the true intent ^1^™"^ and lrcming of this act. for every such offence he shall""' n°r^lt^ the forfeit and pay the amount of the bounty and clothing, ty and clothing* which the person so recruited may have received from ^ tbe public, to be deducted out of the pay and emolu- ments of such officer. Sec. 8. And be itfurther enacted, That there shall gi6 bounty to be allowed and paid to eacli man recruited as aforesaid, ™*w™no'f %t a bounty of sixteen dollars; but the payment of eightj°te deferred, dollars of the said bounty shall be deferred until he shall be mustered, and have joined some military corps of the United States. Sec 9. And be it further enacted, That the said re- Arrears of P»y giments shall be paid in such manner, that the arrears J^^™^* shall at no time exceed two months, unless the circum-&c* stances of the case shall render it unavoidable. Sec 10. And be it farther enacted, That if any offi-Disabled omcer., cer, non-commissioned officer, musician, or private, p"adCpdIdonrs,hebe shall be disabled, by wounds or otherwise, while in the1'stofinvalid5« line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pension and under such regulations as are or may be directed by law: Provided always, That the compen-Proviso-, the com sation to be allowed for such wounds or disabilities, to C^V"'* a commissioned officer, shall not exceed, for the hiehest Vomm'S5ione<1 <■ 1 • i •, •. in.,. .i . A? officer, not to ex- rate ot disability, half the monthly pay of such officer, ceedhaifhis at the time of his being disabled or wounded; and that &cThlypay' no officcr shall receive more than the half pay of a lieu- No officer l0 w. tenant-colonel; and that the rate of compensation to,cei,"'e",ore tb»n . . _ . . I . half the monthly non-commissioned officers, musicians, and privates, pay of Hem. coi. shall not exceed five dollars per month: And provided v:-m'\™\ inferior also, That all inferior disabilities shall entitle the person allowed'hi.°pr°- so disabled to receive an allowance proportionate to the1>ortlon* highest disability. Sec 11. And be it further enacted, That if anv com- Widows or chii. missioned officer shall', while in the service ofthe United ^"d^Sf States, die, bv reason of any wound received in actual $"'&,from. , „,-,. J , wounds received service ot the United States, and leave a widow, or, if in actual service, • 1 i.ii i • i , i • a p entitled to half no widow, a child or children, under sixteen years ofthe monthly pay age, such widow, or, if no widow, such child or children,fof ,ive>ean* shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, In case for and during the term of five years: but, in case of *Kdtihm 184 for the remainder of the time shall go to the child tit children of such deceased officer: Provided always, That such half pay shall cease on the decease of such child or children. Sec 12. And be it farther enacted, That if any non- ed°offic^s!musi-commissioned officer, musician, or private, shall desert vlTtes'; "deling the service ofthe United States, he shall, in addition to mak^'od'h0 ^ie Pena'ties mentioned in the rules and articles of war, time*If enlist-be liable to serve for and during such a period as shall, ment,&c. ^.^ ^e ^.mp ^ m^ nave serve(| previous to his deser- tion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court-martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried. Sec 13. And be it farther enacted, That every officer, ^cet"'takeean non-commissioned officer, musician, and private, shall oath,&c. take and subscribe the following oath or affirmation, Formof the oath *° w'*: "^ "^ ®* do s°lemnly swear or affirm, (as the case, may be) that I will bear true faith and allegiance to the United States of America; and that I will serve them honestly and faithfully against their enemies or opposers whomsoever; and that I will observe and obey the orders of the president of the United States, and the orders ofthe officers appointed over me, according to the rules and arti- cles of war." Extra expenses ^EC* 14, "&nd ^e it farther enacted, That where any incurred by com commissioned officer shall be obliged to incur anv extra missioned officers __ . ... , .... ' • " in traveiung and expense, in travelling and sitting on general courts- ai,colertTnmrt'ialmai'tia'» he shall be allowed a reasonable compensation toi*allowed,&c. for such extra expense actually incurred, not exceeding one dollar and twenty-five cents per day to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage. Sec 15. And be it further enacted, That whenever S2TdWhLrSai,y officei> or soldier shall be discharged from the ser- atwedrw,0an1vice'excel)tby waJ' of punishment for an offence, he S\ihft>°ia«sVSrs',a'"' be a"owe(l his Pay anl' rations, or an equivalent residence, &c in money, for such term of time as shall bc sufficient for him to travel from the place of discharge to the place ol his residence, computing at the rate of twenty miles to a day. a chaplain to be Sec« 16. And be it farther enacted, That there shall blSdt&rd>be aPPointed to each brigade one chaplain, who shall be entitled to the same pay and emoluments as a major in the infantry. Nonern or stair . ^ec. 17'' ^ he H farther enacted, That no field or officer, &cemi.stait officer, who may be appointed by virtue of this act, 185 shall be entitled to receive any pay or emoluments until a«i to receive he shall be called into actual service, nor for any longer St°rtiumcau«i time than he shall continue therein. i,.,t"actual!er- «. iB«; 18* f'ld t6 it.-further """*«*• That the act enti- *£ teeming tied "An act authorizing the president of the United voll,meer milit!l- States to accept and organize certain volunteer mili-S."'0rps'repeaU tary corps," and the act, entitled "An act supplcmen- tary to the act, entitled "An act authorizing the presi- dent of tbe United States to accept and organize certain volunteer military corps," be, and the same are hereby, repealed, from and after the first day of February next: Provided, That nothing herein contained shall be so construed as to deprive tbe officers and men who may have entered the service as volunteers, under the said J?rov.iso' io,»»'s _„tr, p • i j . ... ... herein to deprive acts, ot any rights, immunities, or privileges, tSicrein volun'(*rofl'ot« secured, or the United States ofthe services of such vo-Sr^st*04' lunteers, agreeably to the provisions of said acts. [Approved, January 29, 1813.] CHAPTER LXXVIII. Art act making provision for an additional number of general officers.* Sec 1. Be it enacted by thc Senate and House of Re- presentatives of the United States of America in Congress^Txtl^C assembled, That the president be, and he is hereby", an &t.'" !lddltio,1> thorized, by and with the advice and consent of the se- nate, to appoint six major-generals in addition to those already authorized by law; each of whom shall be a!- ^m". Rioted to lowed two aids-de camp, to be taken from the officers of13011* the line: and six brigadier-generals, who shall be a!. six brigadier ge- II i • l • i ' • ■ i . . neraU; bntriiiie owed a brigade-major, and one aid-de-camp each, to be "-«>>", t; authorized by this act shall receive the same pay, fo- acNtoVeJove"* rage, rations, and other eumlumcnls, as the officers ofw'th^Whe the same grade of the present military establishment. S^™!, m.c [Approved, February 24, 1813.] tM"v «*'M»k- CHAPTER LXXIX. An act the better to provide for the supplies of the army of the United States, and for the accountability of persons entrusted with the same.f Sec 1. Be it enacted by thc Senate and House of Re f^™*?' °f„ presentatives of the United Slates of America in Congress** ♦Superseded by the provisions of the act of 3d March, 1815, fixing the peace establishment fThe 8th and 9th sections of this act were superseded by act of 3d 24 186 *ide for erecting assembled, That the third section ofthe act. entitled a.id rtpai.-inff ^M art t{) p,,ovj,j0 for tne erecting and renairing of ar- p.:.h«i after 3i>tscn;)i<, am| magazines, and for other purposes, * passed \tnrch,1313. , , , , on the second day of April, one thousand seven hun- dred and ninety-four, be, and the same is hereby, re- pealed, from and after the thirty-first day of March, one thousand eight hundred and thirteen, itn erintendent Src< 2* And be it farther enaded. That there shall be ;ei^»7l ..'nidil-a superintendent-general of military supplies, who shall wry supplies, &c.i)t, j Ie ^ t,ip SPat'f)r government, and receive an annual salary of fe3ooo. salary of three thousand dollars; and whose duty it shall be. under the direction of the secretary for thc war de- P^intemh'mge-partncnt, to keep proper accounts of all the military nerai, &... stores and supplies of every description, purchased or distributed for the use of the army of the United States, and of thc volunteers and militia in their service; to prescribe the forms of all the returns and accounts of such stores and supplies pure based, on hand, distributed, used, or sold, to be rendered by the commissary of ord- nance and officers in his department, by the commis- sary-general of purchases and his deputies, by the se- veral officers in the quartermaster-general's department, by thc regimental quartermasters, by the hospital sur- geons and other officers belonging to the hospital and medical department, and by all other officers, agents, or persons, who shall have received, distributed, or been intrusted with, such stores and supplies, as aforesaid; to call to account all such persons; to audit and settle all such accounts, and, in case of delinquency, to trans- mit the account, and to state the value of the articles unaccounted for by such delinquency, to the accounting officers of the treasury, for final settlement and recove- ry of such value; to transmit all such orders, and, ge- nerally, to perform all such other duties, respecting the general superintendence of the purchase, transportation, sale keeping, and accountability of military supplies and stores, as aforesaid, as nay be prescribed by the secre- tary for the war department. Sec 3 And be it further enacted, That the commis- ihe commissary . «/ , , • , . , . general of ,mr.sary general ot purchases and Ins deputies, the several Sr quarterly "fiVcrs in the quarteniiastei *s department, the regimen- ^ennVendent1'61^1 f issuing, or to authorize any officer or officers in the r^c^"ernheii"y:lua,,termaster §enc,,al's department to supply and issue, benecessaryfrom as aforesaid, the whole or any part of the subsistence of the want of con- • 11 . . ,. tractors, he. the army, in all cases where, either from tlie want of contractors, or from any deficiency on their part, or from any other contingency, such measure may be pro- per and necessary in order to insure the subsistence of Pay, &c. of spe-the army, or of any part thereof; and such special com- cmico.M.nssarieS,.nigsa|.;es g.,^ ea(qu whilst employ ed, be entitled to the pay and emoluments of a deputy quartermaster-general. Sec 9. And be it farther enacted, That the president authorizedfoap.of the United States be, and he is hereby, authorized to l^rt^asstota2"t aPl,oint not exceeding six assistant commissaries, to be frJt"Upu.-i^attac!ie(I t0 such army, or to reside at such places, re- of receiving and spectivcly, as the secretary for the war department mav distributing i- * p ., ,. • • " . »••»/ doti.ingand direct, tor the purpose ot receiving from the commis- "i:ier4"l,1,lies,8:csary-gerieral of purchases, or from'his deputies, and of distributing to the regimental quartermasters, and to such officers as may, by the secretary aforesaid, be de- signated, the clothing and other supplies purchased by the commissary-general aforesaid, or his deputies, and 189 tants commissa- destined for the use of the troops belonging to the army, or in the vicinity of the place to which such assistantpay,&cofassis- commissaries may respectively be attached. And said ™"ts assistant commissaries shall, whilst employed, be enti- tled to the pay and emoluments of a deputy quartermas- ter-general. [Approved, March 3, 1813.] CHAPTER LXXX. An act for the better organization of the general staff of the army of the United States.* Sec 1. Be it enacted by thc Senate and House of Re- presentatives of thtf United States of America in Congress™ ^W™* assembled, That the aduitant-general's, inspector-ge-tor general's,and i. i a ■ i, i a a ill quartermaster nerals, and quartermaster general s, departments, shall general's depart. consist ot the following officers; that is to say: an ad-J^^'offiKi-"1 jutant and inspector-general, with the rank, pay, andmentioued* emoluments, of a brigadier-general, and not exceeding eight adjutants-general, sixteen assistant adjutants-ge- neral, eight topographic al engineers, eight assistant topo- grapi.ical engineers, eight inspectors-general, sixteen assistant inspectors-general, eight quartermasters-gene- ral, eight deputy quartermasters-general, and thirty- two assistant deputy quartermasters-general. Sec 2. And be it further enacted, That the president of the United States be, and is hereby, authorized, if hemayafslgnabri- shall deem it expedient, to assign one of the brigadiers- fhe'prinripaf'ar" general to the principal army of the United States, who'{jy^*^55- shall, in such case, act as adjutant and inspector-gene-he, »to atj a» i .... i pp p i ii adjutant and in- ral, and as chief ot the staff ot such army: and the quar- spector general, termaster-general attached to the principal army shall, The quartermas- as heretofore, ha*e the brevet rank, and the pay and {^J^"^1 ■£ emoluments, of a brigadier-general. veTwnk hTot Sec 3. And be itfurther enacted, That all the other brigadier'gener- al! jutauts general shall have the bre\et rank, and the!,' . - J ° ,. i i a- ii • Rank, pay, &e. pay and emoluments, ot a colonel ot cavalry; all the of other adju- other inspectors-general and quartermasters-general tantsge"era* shall have the brevet rank, and the pay and emolu-^^.f^f"* ments, of a colonel of infantry; the assistant adjutants-iuia£a'jmasters general, assistant inspectors-general, deputy quarter- RJkai,dp,yof masters-general, and topographical engineers, shall Ja*rj,ssa""^u;1. sistant inspectors "This act was virtually repealed by that ofthe 3d March, 1815, chap- general. ter 95, fixing the peace establishment. All its provisions respecting pay emoluments, and privileges, were, however, re-established by the act of 24th of April, 1816, for the staff therein authorized'—-See chapter 98, section 9. 190 have the brevet rank, and thc pay and emoluments, of a major of cavalry; and the assistant topographical engi- neers, and assistant deputy quartermasters-general, shall have the brevet rank, and the pay and emoluments, of a captain of infantry. Sec 4. And be it further enacted. That the assistant unts'gen'eraK&c.adjutants-general, the assistant inspectors-general, and the'TuJe!""1 f'°m tne assistant topographical engineers, shall be taken from the line. The adjutants-general, inspertors-ge- Adjutams ge. neral, quartermasters-general, deputy quartermaste'rs- t1hr/nie&o;fZ!Sor,ei'a,» topographical engineers, aud assistant deputy &c- quartermasters-general, may be taken from the line or officer, transfer. nc,t'as the president may deem expedient. And offi. i^fromthe line cers taken from the line, and transferred to the staff. to the staff, to , • > . ■ , . ■--»•■ %•'--.••**' •' receive only the shall receive only the pay and emoluments attached to Idw t1.erank0!., the rank iu the staff; but their transfer shall be without u4'sfef:tohbe* Prejudice to their rank and promotion in the line ac- wixhout prejudice cord ing to their said rank and seniority; which promo- tion shall take place according to usage, in the same manner as if they had not been thus transferred. The secretary of Sec- 5- And be it farther enacted, That it shall be war authored the duty of the secretary ofthe war department, and he to preparegener-. ,,.,.,. l ' *"■" '■«> ai regulations, is hereby authorized, to prepare general regulations, E"and puw?better defining and prescribing the respective duties ofNhe'i'tanf"" antl powers ofthe several officers in the adjutant gene- ral, inspector general, quartermaster-general, and com- missary of ordnance, departments, of the typographical engineers, of the aids of generals, and generally of the general and regimental staff; which regulations, when ^enT?roved;aPProvecl by t,,(> P»*esidetit of the United'states, shall be &ctoberespect'respected and obeyed, until altered or re\oked by the &c.*and to lie 'same authority. And the said general regulations, thus ^before con- prepat.efj an(i appr0ved, shall be laid before congress at their next session. Aslant deputy Sec. 6- And bc U farther enacted, That the number of commissaries ofassistaut deputy commissaries of ordnance shall not ex- exceednT6,n&cU,ceed sixteen, and that they shall, respectively, be enti- tled to the brevet rank, and to the pay and emoluments, of a first lieutenant of infantry. A physician and, ^ 7\ ^ 6* ^ farthtr enacted, That, for the bet- surgeon generai.ter superintendence and management ofthe hospital and Ti'sVry Tu" medical establishment ofthe army ofthe United States £trcara;Vn-there ?ha11 »* a physician and surgeon-general, with an K'rfKiSSrannUal fa,ary °f tW° thoU8aml five hundred dollars, and &c an apothecary-general, with an annual salary of eighteen hundred dollars; whose respective duties and powers shall be prescribed by the president of the United States 191 Sec 8. And be it further enacted, That the forage, Each quane^ .. . " .■>■ -j.1 i,..t. master general, wagon, and barrack, masters, sliall be appointed as net e- attached to any tofore: but each quartermaster-general, attached to any J^^S,, separate army, command, or district, shall be autho- J^ma.™* rized, with the approbation, and under the direction, ofwforagemasters, the secretary of the war department, to appoint as many^u^""*" such officers, and to employ as many artificers, mecha- nics, and laborers, as the public service may require. Sec 9. And be it further enacted, That the assistant Assistant deputy , *> i i. • a J l quartermasters deputy quartermasters general may be appointed, and general, he.may officers taken from the line and transferred to the staff {h2e'pPSStby may bc thus transferred, by the president of the Unitedai°™;but,&c. States alone. But all other new appointments autho- rized by this act shall be made by the president of the proviso,- during United States, with the advice and consent of the se-p^^nVmay natc: Provided, That, during the recess ofthe senate, j^™* ^ such appointments may bc made bythe president alone; he. in which case the same shall be laid before the senate at their next session, for their advice and consent. Sec 10. And be itfurther enacted, That every act, ^^Hle and every part of any act, of congress, now in force, ]£™^£d.,bis within the purview and meaning of this act, be, and the same are hereby, repealed. Sec 11. And be it further enacted, That all letters Letters and pac- , a i»-.li ,. a. i. J- x ketstoand from and packets to and from the adjutant and inspector-ge-the adjutant and neral, adjutants-general, inspectors-general, quarter- ueTuZ^Hl- masters-general, commissary-general of ordnance, phy-a&e- sician and surgeon-general, and apothecary-general which relate to their official duties, shall be free from postage. Sec. 12. And be it further enacted, That the president The president _...,, . .... • ,i ■ , , empowered to ap- of the L nited States be, and he is hereby, authorized to point any of the appoint any of the officers authorized by an act, enti-°f^tTTt tied "\n act making provision for an additional num-™^«™ her of general officers,"* passed the twenty-fifth day of J"™^^*"*?; February, one thousand eight hundred and thirteen, the recess,&c. during the recess of the senate, to be submitted to the senate at their next session for their advice and consent; Ko officcr ap. and that no officer appointed, or who may be appointed, gj^'jj^ by virtue of the aforesaid act, shall be entitled to,re" ai^uaf1^dric;m<' ccive any pay or emolument until he shaii be called into&e" actual service, nor for any longer time than he shall be continued therein. [Approved, March 3, 1813.] *See chapter 78. 192 CHAPTER LXXXI. Resolution requesting the president of the United States to cause to be prepared and laid before congress a system of military discipline. The president Resolved, by the Senate and House of Ttepresmtatives of HWT\t,xpve.tt>e United States'of America in Congress assembled. That pared and laid the president of the United States be. and he is hereby, before congress, ' , . . , , „ a system of requested to cause to be prepared and laid before con- piin^Tor the'in-gress. as soon as practicable, a military system of dis- band'r«wt^ and n«il:tia of the **• 'United States. [Approved, March 3, 1813.] CHAPTER LXXXII. An act to amend the "Act in addition to the act, entitled "An act to raise an additional military force, and for other purposes."* Sec 1. Be it enacted by the Senate and Rouse, of Re- ^^{wL^Vresentatives of the United States of America in Congress by Ae an men-assembled, That five of the rearimrnts which were au- tioned, may be ,., , . , , . . it.- ,■ . enlisted for the thorized to be raised by ''An art in addition to tbe act, Unitedwthe1 d^entitled "An act to raise an additional military force, boar^0&ohe sea*and for other purposes," passed the twenty ninth day of January, one thousand eight hundred and thirteen, may, at the discretion of the president of the United States, be enlisted for and during the war. unless sooner dis- charged, and be limited, as to service, to the defence of the seaboard of the United States, or of such part thereof as the president may elect and determine. Sec 2. And be it further enacted That each man re- Each man re- cruited under the authority of this art, be allowed the this'act, "allowed same bounty, in money and land, as is allowed hy law to &ITmenUnen:men enlisted for five years, or for the war; and that the Ustedtor5years.officers, non-commissioned officers, musicians, and pri- officer, and soi- va*es» shall receive the same pay, clothing, subsistence, dies placed onthe and forage, be entitled to the same benefits, be subject to oXr "regular85 the same rules and regulations, and be placed, in every troops. respect, on the same footing, as the other regular troops ofthe United States. [Approved, July 5, 1813.] CHAPTER LXXXII1. An act to regulate the allowance of forage to officers in the army ofthe United States.f Sec 1. Be it enacted bi/ the Senate and House of Re- ™T*se™ol™Presentatives °f tht u"ited states of America in Congress •See original act, chapter «I, and additional act, chapter 77, with the notes thereon. fThis act was superseded by that of 3d March, 1815, chapter 95, which adopted, in even respect, the provisions of chapters 46 and 54, in regard to allowances. The provisions of this act were, however, again established by act of 24th April, 1816—See chapter 98, section 12. 193 assembled, That all officers in the military service ofceive.iniieuAc. the United States, who are by law entitled to forage,Z'^tL"1 shall receive in lieu thereof, when not drawn in kind, an ^/fof £ equivalent in money, at the rate of eight dollars per horse. month for each horse to which they may be entith-d: . Provided, That no allowance shall be made to any offi iowJ"°e'for more cer for more horses than he shall actually employ in the actulii/'empfo^ public service. [Approved, July 22, 1*813.] ed- CHAPTER LXXXIV. An act to authorise the appointment, by the president, of certain officers during the recess of the senate. Sec 1. Beit enacted by the Senate and House of Re-t^ president presentatives of the United States of America in Congress aU!ho,f*edt)^ a£ assembled. That it shall be lawful for the president ofcewT«u"hof ordnance may ,i., ' , , ■ ■ p , he appointed. lowed by law, as many deputy commissaries ot ordnance may bc appointed, not exceeding five, as the president of the United States shall deem necessary to the public service; who shall be entitled to the same rank, pay, Their rank, pay, emoluments, rations, and forage, as are provided by &c* thc act to which this is a supplement. [Approved, August 2, 1813.] *See chapters 77 and 82. tSee original act, chapter 69, with the note thereto. 25 191 CHAPTER LXXXVI. An act making further provision for filling the ranks of the regular army, encouraging enlistments, and authorizing the re-enlistments, for longer periods, of men whose term of service are about to expire* Sec i . Be it enacttd by the Senate and House of Re- Ixf 'b£ man presentatives of the United States of America in Congress e"Ks"b is*"hi assembled. That, in order to complete the present mili- lo ^-cei've V24 tarv establishment to the full number authorized by law boun." in money with the greatest possible despatch, there shall be paid, and the three t() parn effective able bodied man who shall, after thc mourns p«»y «" , 1 • , 1 • j j 1 c the ndofthe nrst day of February next, be enlisted into the army ot ,er"ce* thc United States, to serve for the term of five years, or during the war, at his election, in lieu of the bounty in money and of the three months* pay at the expiration of the service now allowed by law. the sum of one hundred and twenty-four dollars; fifty dollars of which to be ffiftimeT^-paid at the time the recruit is enlisted, fifty dollars fetment,&& when he shall be mustered and have joined some mili- tary corps for service, and twenty-four dollars when he shall be discharged from ser\ice; and the wife and children, and, if tie leave no wife or children, the pa- The wife and rents of such non commissioned ofiicer and soldier, en- pannt" if 'thelisted as hereinbefore stated, who mav he killed in ac- ^Tt^totic.n, or die in the service ofthe United States, shall be beaiiow.ti«24. j,]|„we(j and paj,| f|ie Sl,t„ ()f twenty four dollars; and Afier the ist ofa'tel" tne sai(' '"'st f'a-v °^ February next, so much of the ■February, law,f,mrth section of the act, entitled "An act for the more section of theact perfect organization of the army ofthe United States,'"j a?"\v"a"advance passed the twentieth day of January, one thousand eight peakd!' &c' "^"hundred and thirteen, as allows to each able bodied man enlisted into the service of the United States, in the manner therein stated, an advance of twenty-four dol- lars on account of his pay, shaii bc, and the same is hereby, repealed. sstobepaid to ^EC# 2* And be it farther enacted, That the sum of any soldier or «a-eight dollars shall be paid to anv non-commissioned of- lizen who pro- p ... ... ■ \ ,, «. , „ . . cures an ahk ix). ncer, soldier, or citizen, who shall, after the first day enhste^&c!0 ** <>f February next, furnish aod procure to be enlisted, according to law, an able bodied man, to serve for the term of five years, or during the war. Sec 3. And be itfurther enacted, That every non- ^on^ommission-commissioned officer, musician, and private, who has eers, f> beeil i-ecruitcd in the regular army of the United States, •This act is superseded by that of 3d March, 1815, chapter 95, except to far as would affect the rights vested by the 1st section. fSee chapter 76. 195 under the authority of the act ofthe eighth of April one vates, &c. ernut- .. i • i i », ■ i . i . , ■ * „«♦ ;. ed under the acts thousand eight hundred and twelve, entitled "An act iume.rt,io,.c(|. may addition to the act, entitled 'An act to raise an audi -ft^^aS tional military force, passed January eleventh, one thou- ingtke war. sand eight hundred and twelve,"*' may be re-enlisted for the term of five years, or during the war; and that every non-commissioned ofiicer, musician, and private, recruited under authority of the act of the twenty-ninth of January, one thousand eight hundred and thirteen, entitled "An act iu addition to the act, entitled «An act to raise an additional military force, and for other pur- poses,"! may be re-enlisted for five years, or during the war. Sec 4. And be it farther enacted, That the non com {jjj^JS^ missioned officers, musicians, and privates, re-enlistc. pre.ed.mj sec. 1,1 . pa, i. - i II k u°", entitled to under the authority ot the preceding section, sliall oe^ bounty, &c. entitled to the bounty allowed by this act to recruits for five years, or for the war. [Approved, January 27, 1814.] CHAPTER LXXXVIL An act authorizing the president of the United States to cause certain regiments therein mentioned to be enlisted for live years, or during the war. Sec 1. Be it enacted by the Senate and House of Re- ™u^^l nresentatives ot the United States of America in Congresses to "be en. « „.r . . r. ., ,1 -a i l. a a i lifted for five assembled, That the president of the tinted States be, yeais. .^-. he and he hereby is, authorized and empowered to cause tt.^^i,;^ be enlisted, for the term of five years, or during tin ™££X¥J°* war, the fourteen regiments of infantry which are now >ear,&c by law authorized to be enlisted for the term ««f one year, or such number of them, or of the troops com- posing the same, as in his opinion will best promote the public service. Sec 2. And be it further enacted, That each man en Each man eniut. . r .. ,, • i li u il ,.r„.i ll1 under this act listed under the authority ot this act, shall be allowed ali„we(i ,m. arae the same bounty, in money and land, as is now by law■)^,,£,>'£<£ allowed to men enlisted for five years or during the five >earS,&c war; and that tbe officers, non-commissioned officers, musicians, and privates, shall receive the, same pay, officers and soi- clothing, subsistence, and forage, be entitled to-the 1^.'*amJc,^;yjve same benefits, be subject to the same rules and regula-cK*hu.g,&c tions, and be placed, in every respect, on the sa ne footing, as the other regular troops of thc United bfates. [Approved, January 28, 1814.] •See chapter 61. fSce chapter 77. 196 CHAPTER LXXXV1I1. An act to raise three regiments of riflemen. Sec 1. Be it enacted by the Senate and House of Re- sot e*ceedin»r presentatives ofthe United States of America in Congress oSmf^oteassembled, That there be immediately raised such nuin- yeaSrtorrdurWber of regiments of riflemen, not exceeding three, as, in ibewar. t|,e opinion of the president, will best promote the mili- tary service, to serve for five years, or during the war, wnless sooner discharged. Sec 2. And be it further enacted, That each regiment organization ofshall consist of one colonel, c;nc lieutenant-colonel, two eachragimtm. maj0rS( ,me a(]jurant, one paymaster, one quartermas- ter, one surgeon, one surge »n's mate, one sergeant-ma- jor, one quartermaster's sergeant; two principal musi- cians, and ten companies. Sec 3. And be itfurther enacted, That, each com- Sompany.ofpany shall consist of one captain, one first lieutenant, one second lieutenant, one thiid lieutenant, and one en- sign, five sergeants, four corporals, two musicians, and ninety privates. Each man re. Sec 4. And be it farther enacted, That each man re- cruited &c. ai.rruited under the authority of this act be allowed the lowed ihe same . • , , , • n i i i x bounty, he, as same bounty, in land and money, as is allowed by law to 6vT/JS" men enlisted for five years, or during the war; and that the officers, non-commissioned officers, musicians, and privates, shall receive the same pay, clothing, subsis- tence, and forage, be entitled to the same provisions for Xfrs^piami "J; wounds or disabilities, thc same benefits and allowances, the same footing and be placed, in every respect, on the same footing, as troops! the other regular troops of the United States. Each company Sec 5. And be it further enacted, That each company thori*dmhy' *£ °f tne regiment of riflemen, authorized to be raised by actof mhAprii, the act of April twelfth, one thousand eight hundred and 1808, to consist . , . ,, ' . „ . . « of90 privates, eight, shall consist of ninety privates. [Approved, February 10, 1814.] CHAPTER LXXXIX. An act for the better organizing, paying, and supplying, the army ofthe United States f The w, 2d, and Sec 1. Be it enacted by the Senate and House of Re- tt, regiments »r presentatives of the United States of America in Congress •Superseded by the provisions of the act of 3d March, 1815, chapter 95, fixing the peace establishment. fSo much of this act as relates to the organization of battalions and companies ot the corps of anilleiy, is recognized by the act of "id March, 1815, chapter 95, fixing the peace establishment The residue maybe regarded as superseded by the provisions of that act. 197 assembled, That the first, second, and third, regiments araiiery to he of artillery be formed into one corps, and organized r™™^™°™ into twelve battalions, as follows, to wit: six lieuten-j.^"£c12bat- ant colonels, six majors, twelve adjutants, twelve quar- termasters, and forty eight companies. Sec 2. And be itfurther enacted, That each com-organization of pany shall consist of one captain, one first lieutenant,ea(3,compa"y- two second lieutenants, one third lieutenant, five ser- geants, one quartet master's sergeant, eight corporals, four musicians, and one hundred privates. Sec 3. And be it further enacted, That the president ™ president i .i i , */. „ , V .. authorized to as- be authorized to assign one ot the two second lieuten-sign one of the ants hereby provided for each company, as a conduc-le^ni^i con- tor of artillery for said company, whose duty it shall be^^'^; to receipt and account for all ammunition, implements, and cannon, furnished by the ordnance department for said company, and to do and perforin such other ser- „ *i i * ,. . , „ £1° P«?r month victs as the war department may direct; and that, fore.\traPay to con. the performance of these services, they be allowed each f^ry.0" °f aniU ten dollars extra pay per month. Sec 4. And be it further enacted, That, in lieu ofthe1" I!eu °f the a • . p .• , . , . . ,, two regiments of two regiments ot light dragoons now in service, there light dragoons, shall be organized one regiment, to consist of one colo-beVgSed"&c0. nel, one lieutenant-colonel, two majors, one adjutant, one quartermaster, one surgeon, two surgeon's mates, one sergeant major, one quartermaster-sergeant, one principal musician, one principal farrier, and eight troops. Sec. 5. And be it further enacted, That each troop organization ot shall consist of one captain, one first lieutenant, one se-fjghU'ragoU^ cond lieutenant, one third lieutenant, one cornet, five sergeants, eight corporals, one riding master, one mas- ter of the sword, two trumpeters or buglers, one farrier, one blacksmith, one saddler, and ninety-six privates. Sec 6. And be itfurther enacted, That the officers officers of arui- of the corps of artillery, and the regiment of light ar-!u7Same "pHy*« tillery, shall, severally, receive the same pay as is{Jj$^^t,u: now prov ided by law for the light dragoons in the ser- &c- vice ofthe United States; and the subalterns of all other ^hfr^rpf a" corps shall be allowed one ration in addition to the pay l0^,.0"6 rs«tion * . , , ... " J m addition, &c. authorized by existing laws. Sec 7. And be it further enacted, That there shall soldiers in be allowed, annually, to each non-commissioned officer, l^^"^^- musician, and private, in the corps of sea-fencibles, ene^";^. one ' blanket, one knapsack, aud one canteen. knapsack"&c. Sec. 8. And be it farther enacted, That the presidentThe president of the United States be, and he hereby is, authorized to prescX the 198 quantity and prescribe the quantity and kind of clothing to be issued loinoe0fissu0edi"f annually to the troops of the United States. the troops, &c. gECt g# £„& oe itfurther enacted, rl hat, from and me officers of after the first day of June next, the officers of the 'mitie™tV°vat:army shall be entitled to waiters agreeably to grade, as gradefa^pKifl0follows: a major general, four waiters; a brigadier ge- «*.&<•• neral. three; a colonel, two; the physician ami surgeon- general, two; a lieutenant-colonel, major, and hospital surgeon, each, one; the officers of each company, three; every commissioned officer who holds a staff appoint- ment which gives the rank of captain, or any higher grade, one; and to every company officer who commands a separate post or detachment, one; any law or regula- tion heretofore existing to the contrary notwithstanding. Sec 10. And be itfurther enacted. That no officer no officer per-shall be permitted to employ as a servant any soldier a™ sowierU1from from the line ofthe army, and that the servants of offi- iat"andSsli-r*cers, not exceeding the number allowed by the pre- tei^T&c? """'ceding section, shall be mustered with some corps of the army, and that, on the muster rolls formed in con- sequence thereof, payments shall be made in money to the officers employing them in lieu of wages, subsis- tence, and clothing, by the paymasters of the several corps or districts where such servants are mustered, at the rate allowed to privates of infantry, which shall be published to the army annually, by the secretary for the department of war. Sec 11. And be itfurther enacted, That the presi- a^hoSd™ap-dent of t!)e United States be authorized to appoint so pwm assistant many assistant apothecaries as the service may, in his thar^^&c^'judgment, require; each of whom shall receive the same pay and emoluments as a regimental surgeon's mate. Sec 12. And be itfurther enacted, That, from and brmadeThrougS after the passing of this act, promotions may be made ^to^Sdy,throuSh tl,e wll<>le army in its several lines of light ar- lines^c tillery, light dragoons, artillery, infantry, and riflemen, respectively; and that the relative rank of officers of the same grade, belonging to regiments or corps already authorized, or which may be engaged to serve for five years, or during the war, be equalized and settled by the war department, agreeably to established rules; and that so much of the act, entitled "An act for the more perfect organization of the army of the United States,"* passed the twenty sixth of June, one thousand eight hundred and twelve, as comes within the purview and 'See chapter 72, section 5. 199 meaning of this act, be, and the same is hereby, re- pealed. Sec 13. And be it farther enacted, That, for the pur-The president pose of avoiding unneresaary expenses in the military *"e,0Sc. to con- establishment, the president ofthe United States be, and;**j|£**^ he is hereby, authorized, in case of failure in filling thedischarge'snper- ,,„*,_ . . ,. numeraryofficers. rank and file of any regiment or regiments, to consoli- date such deficient regiment or regiments, and discharge Proviso; officer, all supernumerary officers: Provided, That officers sn discharged *° be discharged shall be allowed, in addition to the mileage months' pay in already authorized by law, three months' pay to each.aiUh,,on*&c" Sec 14. And be it further enacted, That every non- Non-commission. commissioned officer and private of the army, or officer. ^vat«tf*h2 non-commissioned officer, and private, of any militia or amy, and officers , . p, ,« and privates of volunteer corps, in the service of the United States, militia or voiun- wbo lias been, or who may be, captured by the enemy, capturedPbV the shall be entitled to receive, during his captivity, not-;"6™*;^"'^,! withstanding the expiration of his term of service, the""s captivity,&c. same pay, subsistence, and allowance, to which he may be entitled whilst in the actual service of the United States: Provided, That nothing herein contained shall herdn^euitle be construed to entitle any prisoner of war, of the mili-1,™1^'*,£'raf"r tia, to the pay and compensation herein provided, after the date of parole, the date of his parole, other than the travelling expenses allowed by law. Sec 15. And be it farther enacted, That the five re-The five regi- giments which, by the first section of an act, entitled {£Xaa5°^ "An act to amend the act in addition to the act, entitled {ii°^fo,",b^ w"'r" «An act to raise an additional military force, and for may be tnii mi other purposes,"* were authorized to be enlisted, at theforfiveyta".&c- discretion ofthe president ofthe United States, for and during the war, may be enlisted, at the option of the recruit, for five years, or for and during the war, unless sooner discharged; the provisions of the said act to the contrary notwithstanding. Sec. 16. And be it farther enacted, That the commis- The commissary sary-gcneral of ordnance may employ in his depart- nance*may em- inent! besides blacksmiths and wheelwrights, other me- t^u^uS*?' chanics, such as the public service may require, who^.jist^v0h^ shall, together with the said blacksmiths and v\heeI-£ &e mU3tered> wrights, be mustered under tbe general denomination of Artificers eniist. artificers; and such artificers, being hereafter, or having «ito serve live been heretofore, enlisted to serve for the term of five iiT'o the same years, or during the war, shall be entitled to the same ciwhingcea^f soi- annual allowance of clothing as is or may be provided dimonhearmv' for the soldiers of the army. •See chapter 82, section 1. 200 Sec 17. And be it farther enacted. That, the labor- edVwrveint'heers who may be hereafter enlisted to serve in the ord- m^nCfor fi»erf nance department, for the term of five years, or during Sedmc atobethe war, shall be entitled to a bounty of twenty five dol- bountyofg25iniars j„ money, and the same annual allowance of Cloth- money, &c. . . J . • i i £■ .i i i- r*u ing as is or may be provided for the soldiers of the army. „, .. . Sec 18. And be it further enacted. That the phvsi- Physician and . J , i. , ■ fitii* surgeon general cian and surgeon-general of the army be entitled to two entitled to two ,. ,' i /» n . T j ii a • rations, fcc. rations per day and forage for two horses; and that, in additSi pa"* addition to their pay, as at present established by law, for regimental the regrimental surgeons and resrimental surgreon's surgeons, &c ,*' • , , « . ,, '-' mates be entitled to fifteen dollars per month, each. Aids-de-camp of Sec. 19. And be it farther enacted, That the aids-dc- major generais,ramp of major-generals shall betaken from the captains and subalterns of the line; and the aids de-camp of bri- Aids-de-camp ofgadier-generals from the subalterns of the line; and tus'^c?1 een "that it shall not be lawful to take more than one aid-de- camp from a regiment. Sec 20. And be it further enacted, That in no case shall the district paymasters or quartermasters of any grade be taken from the line of the army. officers of the Sec 21. And be it farther enacted. That the officers au1thor^edby°.fieof tl,e volunteer corps authorized by the act ofthe twen- emitiedT"1,™-^'^ou,t'1 ^ay OI* February, one thousand eight hundred motion in "the" and fourteen, be entitled to promotion in the line of the hncof the army. army; ^ ^ thp T)resjdent (,f f||e TJmle(J States, with the advice and consent of the senate, be authorized to make all necessary appointments, and to fill all vacan- cies, which may happen in the same. [Approved, March 30, 1814.] xc. An act fixing the salary of the paymaster of the army of the United States, and allowing a sum for the employment of additional clerks in his office, for the year one thousand eight hundred and fourteen, and providing for the appointment of assistant district paymasters.* The paymaster Sec« 1- Beit enacted by the Senate and House of Re- t^ l^ZPresentati-ces of the United States of America in Congress ^iaryofSS2O00 assembled, That, in lieu of the monthly compensation now allowed by law to the paymaster of the army of the United States, he shall receive an annual salary of two thousand dollars, to be paid, quarter yearly, at the trea- "Expired by the operation ofthe 7th section. 201 sury of the United States, and to commence on the first day of January last; and that, in addition to the amount already allowed by law for clerk hire, in the office of the paymaster of the army of the United States, there A further smft shall be allowed the further sum of five thousand fiveaiiowedforclerk* hundred and forty-seven dollars, for the purpose of em-^nte"pem^s,,iri ploying additional clerks in, and for contingent ex-0fflCe)plg^sta', penses of, his office, for the present year, to be paid out of any money in the treasury, not otherwise appro- priated. Sec. 2. And be it farther enacted, That the president ^ presiAeDt of the United States be, and he is hereby, authorized, *<£. senate au. by and with the advice and consent ofthe senate, to ap-point not exeeeft point so many assistant district paymasters, not ex-Slrict paym"* ceeding thirty, as the public service may, in his opi-tL"&c- nion, require: Provided, That the president of the* iident°may paf£ United States shall have power to appoint any officer^S,0^ authorized by this act during the recess of the senate, £|phe »««»• to be submitted to them, for their advice and consent, at their next session. Sec 3. And be it farther enacted, That it shall beTllepaymastet the duty ofthe paymaster of the army, under the direc-°''hea""y. &« tion of the war department, to make all disbursements burLment* of"* Of money within that department to the district pay- thTSrto' pay- masters, and to adjust, state, arid exhibit, their several'uasteis'&c- accounts, according to such forms, and within such pe- riods, as shall be prescribed for that purpose by the treasury department. Sec 4. And be itfurther enacted, That, to secure restrict paymas- the regular and punctual payment ofthe troops, the dis-and transmk'to trict paymasters shall examine and transmit to the pay-{b,e»roy,X"aci master of the army the accounts and vouchers for all vou"hersafor au disbursements which have been made by them to thetobursemeius, troops of the army or district where they shall be sta-the'nrstpayment tioned, as soon as the first payment shall have been whhbStimai«f' made, and accompany the same with an estimate for&0* the next payment; which accounts and estimates shall be regularly transmitted, that settlements may be made and competent funds remitted: Provided, also, That the Proviso- district ...... , ., in i and assistant pay- Said district and assistant paymasters shall make pay- masters to make ments to the militia in thc service ofthe United States, g^S «! when required by the secretary of waf or the paymas-*uired»8ib ter of the army. Sec. 5. And be itfurther enacted, That the assistant Aass'^ l'sis,t^ct district paymasters shall receive the pay and emolu-receive ihe pay^ ments of a captain of infantry, and forage for one horse. 0fTufami^,&ton Sec. 6. And be it farther' enacted, That the district 26 202 District and as- and assistant district paymasters shall severally give sistam district jj0nds, with good and sufficient security, to the United £ilyem£nds, &c. states, for the faithl'iil performance of their duties, in WwfcfalSsuch sums as shall be required by the paymaster of the Ktiemorwar. Arm^ undep the dil,ection 0f the war department, and shall be subject to the rules and articles of war. Sec 7. And be it farther enacted, That this act AiTactl0" °f shall continue in force until the termination of the war in which the United States arc now engaged with the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and for one year thereafter, and no longer. [Approved, April 18, 1814.] CHAPTER XCI. An act to provide for the collection and preservation of suchjlags, stan- dards, and colors, as shall have been, or may hereafter be, taken by the land and naval forces of the United States, from their enemies. Sec 1. Be it enacted by the Senate and House of Re- tbeuaftntic orpresentatives of the United States of America in Congress 7eerteTdtohll»tassemb^edt That the secretaries ofthe war and navy de- to be collected departments be, and they are hereby, directed to cause ?"tiKina"trthe to be collected and transmitted to them, at the seat of ment^dMiaJ" the government of the United States, all such flags, CTenu«lien fi""m standards, and colors, as shall have been, or may here- after be, taken by the army and navy of the United States, from their enemies. Sec 2. And be it farther enacted, That all the flags, Flags, he. taken standards, and colors, of the description aforesaid, which tX-did?ver^dto'ai'e now lu the possession of the departments aforesaid, the president,for and such as may be hereafter transmitted to them, be, beiniTpJeserved with all convenient despatch, delivered to the president and displayed, qp thc rjnite(i States, for the purpose of being, under his direction, preserved and d'njdayed in such public place as be shall deem proper. 8500 appropria- Sec 3; And be it farther enacted, That the sum of po3es°ofthisPa"u five hundred dollars be, and the same is hereby, appro- priated, for the above purposes, out of any moneys in the treasury, not otherwise appropriated. [Approved, April 18, 1814.] Recruit i Gen may CHAPTER XC1I. An act making further provision for filling the ranks of the army of the United States.* Sec. 1. Beit enacted by the Senate and House of Re- ,7eluxpresentatives of the United States of America in Congress •Superseded by act of 3d March, 1815, fixing the peace establishment —See chapter 95, 203 assembled, 'Phat, from and after the passing of this act,^, effective, each and every commissioned officer who shall be em;*^^1 ployed in the recruiting service, shall be, and he hereby fcc is, authorized to enlist into the army of the United States, any free, effective, able bodied man, between the ages of eighteen and fifty years; which enlistment shall be absolute and binding upon all persons under the age The enlistment of twenty-one years, as well as upon persons of full age, j£nf J*^ Jf* such recruiting officer having complied with all the re-years»&c- quisitions of the laws regulating the recruiting service. Sec 2, And be it farther enacted, That it shall not be lawful for any recruiting officer to pay or deliver to no" cioihimTto a recruit under the age of twenty-one years, to be en- n"!^trmnt01of listed by virtue of this act, any bounty or clothing, or jjjj?"Ja"nt^cff" in any manner restrain him of his liberty, until after the expiration of four days from the time of his enlist- ment; and it shall be lawful for the said recruit, at any Minors may re. time during the said four days, to reconsider and with-consider & with, draw his enlistment, and thereupon he shall forthwith duringfourSays, be discharged and exonerated from the same. &c' Sec 3. And be itfurther enacted, That so much ofg muchofthe the fifth section of the act, passed the twentieth day of 5th section of the January, one thousand eight hundred and thirteen, en- *f require"Wthe titled "An act supplementary to the act, entitled "An^n^^^ act for the more perfect organization ofthe army of the United States,"* as requires the consent, in writing, of the parent, guardian, or master, to authorize the en- listment of persons under the age of twcnty-ono years, shall be, and the same is hereby, repealed: Provided,of enlistment of however, That, in case of the enlistment of any person fhe^ZtcrTen- held to service as an apprentice, under the provisions J'^Vthe K of this act, whenever such person, at the time of his en- ney bounty. listment, shall be held by his indenture to serve for any term between two and three years, his master shall be entitled to receive one half of the money bounty; if held, in like manner, to serve between one aud two years, the master shall be entitled to receive one third of the money bounty as aforesaid; and if held, in like manner, to serve one year or less, the master shall be entitled to receive one fourth ofthe money bounty as aforesaid. Sec 4. And be itfurther enacted, That, in lieu of^honXoffi"cer the bounty of one hundred and sixty acres of land, now a" d soldier here, allowed by law, there sliall be allowed to each non-com-teTmhied'toalo missioned officer and soldier, hereafter enlisted, when ^^/^w discharged from service, who shall have obtained from *See chapter 76, section 5. 204 the commanding officer of his company, ba^blion. or re- giment, a certificate that he had faithfully performed his duty whilst in service, three hundred and twenty acres of land, to be surveyed, laid off, and granted, un- der the same regulations, and, in every respect, in the manner now prescribed by law: and the widow and Thewi4owandchildren, and if there be no widow nor child, the pa- ehiidren, or pa-rents of every non-commissioned officer and soldier, en- Woare tdiied^listed according to law, who may be killed or die in the entwe^^rJiTe'seevice of the United States, shall be entitled to re- jandjbur, Sec. ceive the three hundred and twenty acres of land as aforesaid; but the same shall not pass to collateral rela- tions, any law heretofore passed to the contrary not- withstanding. Sec. 5. And be it farther enacted, That any person ^ermiiitiaSUdut"subject to militia duty, who shall, according to law, fur- cru^o'sirvefornish a recruit for the army of thc United States, at his «f&£'weinPt- own expense, to serve during the war, shall thereafter be exempt from militia duty during the war; and every recruit, thus furnished* shall be delivered to some re, cruiting officer of the United States, who shall imme- diately grant his receipt for such recruit, to the person ShedX. furnishing him, and shall forthwith report the same to a°r^ru1tingt|rvthe department of war, and shall specify in the report £antwah0recei ?tne name of sucn person, and his place of residence, as and repon w the well as the name and description of the recruit; where- deparnnem of qpon j( g,^,, ^ ^ ^ q{. ^ secretapy for the fc^vt- merit of war to grant to the person furnishing such re- cruit a certificate of exemption from militia duty during the war, upon calls made upon the authority of the necruitsr„mi«ifUuited states, which certificate shall he good and avail- tothe*boum"toab*e to ^ 'ntcnts and purposes for that object: And land, &c."J m every recruit thus furnished shall be entitled to tho bounty in land, in the same manner, and upon the same conditions, as the other recruits in thc army ofthe United States. [Approved, December 10,1814.] CHAPTER XCIII. An act directing the staff officers of the army to comply with the requi. sitions of naval and marine officers, in certain cases. officers ofthe Sec 1. Be it enacted by the Senate and House of Re- ^Iteom!17Preventatives of the United States of America in Congress tSS^'£aitem^> That Jt sha» be the duty of the several offi- n«ry, whe» a«.cers ot the staff of the army ofthe United States, to pro- 205 vide the officers, seamen, and marines, of the navy of ing on shore widi the United States, when acting, or proceeding to act, on r^uSum,'X" shore, in co-operation with the land troops, upon the ^ raJ^"?M"^ requisition of the commanding naval or marine officer 8^- of any such detachment of seamen or marines, under or- ders to act as aforesaid, with rations, also the officers and seamen with camp equipage, according to the rela- tive rank and station of each, and the military regula- tions in like cases, together with the necessary trans- portation, as well for the men as for their baggage, pro- Pl.oviso, the emm visions, and cannon: Provided, nevertheless, That thetra.e'Plice,oftne . p ai a- i • i i p - i j rations to be re- contract price ot the rations which may be furnished imbursed,&c shall be reimbursed out of the appropriations for the support of the navy. Sec 2. And be itfurther enacted, That tbe respec^XTrmy'w tive quartermasters of the army shall, upon the requi-funiish«,m-" sition ofthe commanding naval officer of any such de-officers^ with" tachment of seamen or marines, furnish the said officer &"""'furage' and his necessary aids with horses, accoutrements, and forage, during the time they may be employed in co- operating with the land troops as aforesaid. [Approved, December 15, 1814.] CHAPTER XCIV. An act for the better regulation of the ordnance department.* Sec 1. Be it enacted by the Senate and House of Re-The or<]n!lji presentatives of the United States of America in Congress department w assembled, That from and after the passage of this act, tom,^*™"3™' the ordnance department shall consist of one colonel, one lieutenant-colonel, two majors, ten captains, ten first lieutenants, ten second lieutenants, and ten third lieutenants. Sec 2. And be itfurther enacted, That the colonel, Tue colonel ^ or senior officer of the ordnance department, is autho-«°enlist, f»r' «ve rized to enlist, for the service ot that department, tor five moms, master i • _ carriage makers, years, as many master armorers, master carnage-ma- &c. kers, master blacksmiths, artificers, artflorers, car- riage-makers, blacksmiths, and laborers, as the public service, in his judgment, under the directions of the se- cretary for the department of war, may require. Sec 3. And be itfurther enacted, That it shall be theories of the co. •This act, so far as it relates to organization,^ superseded by that of 2d March, 1821, which abolished the ordnance department, and incor- porated it with the artillery.—See chapter 122, section 4, 206 loneiof theord-duty of the colonel ofthe ordnance department to direct m"w'fcc1'1""" the inspection and proving of all pieces of ordnance, cannon balls, shot, shells, 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 appa- ratus for ordnance, and all ammunition wagons, travel- ling forges, and artificer's 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 ofthe colonel, or senior officer of the ordnance department, to furnish estimates, and, under the direc- tion 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, • Thecoionei to Sec 4. And be it farther enacted, That the colonel MtaA^ificers,°fthe ordnance department shall organize and attach to &c.toregiiiiems,rce-iments, corps, or srarrisons, such number of artifi- Samsons, he. ° ... , . . i 1 cers, with proper tools, carriages, and apparatus, under such regulations and restrictions relative to their go- vernment and number, as, in his judgment, with the ap- probation of the secretary for the department of war, may be considered necessary. Sec 5. And be it further enacted, That the colonel of ordnance"to «-the ordnance department, or senior officer of thatdepart- ^Utheasecretar^ ment of any district, shall execute all orders of the se- ofwar.&c. cretary for the department of war, and, in time of war, the orders of any general, or field officer, commanding any army, garrison, or detachment, for the supply of all arms, ordnance, ammunition, carriages, forges, and ap- paratus, for garrison, field, or siege, service. Sec 6. And be it farther enacted, That the keepers Keepersofmaga-0f aii magazines and arsenals shall, quarterly, or of- zines,&c.to make -pi- aj j • t ' * ii.ii returns quarter-tener, il so directed, and in such manner as directed by ^oiotener, the colonel of the ordnance department, make correct returns to the colonel, or senior officer, of the ordnance department, of all ordnance, arms, and ordnance stores, they may have in charge. Sec 7: Jind be it further enacted, That the costs of farm's! &r" repairs of damages done to arms, equipments, or imple- ficerS„wie« ments, in the use of the armies of the United States, in whose hands shall be deducted from the pay of any officer or soldier they were, he. , ,, . , . u v.. ».•»,« provided, he, in whose care or use the said arms, equipments, or im- plements, were, when the said damages, occurred: Pro- vided, The said aamages were occasioned by the abuse or negligence of the said officer or soldier. And it is 207 hereby made the duty of every officer commanding re-Officers eon> giments, corps, garrisons, or detachments, to make, once nwnts^Vmake every two months, or oftener if so directed, a written SdEnewmai* report to the colonel of the ordnance department, stating &«• all damages to arms, equipments, and implements, be- longing to his command, noting those occasioned by neg- ligence or abuse, and naming the officer or soldier by whose negligence or abuse the said damages were occa- sioned. Sec 8. And be it farther enacted, That the colonel of ^ordS&- the ordnance department shall make, half yearly, to the■ g.'Stadf jeariy war department, or oftener, if the secretary for that de-report to the i . p a, &± **'ar department} partment shall so direct, a correct report ot the officers, &c and all artificers, and laborers, in his department; also, of all ordnance, arms, military stores, implements, and apparatus, of every description, and in such form as the secretary for the department of war shall direct. ** Sec 9. And be itfurther enacted, That to insure ^-p^ld u™CTd£ tern and uniformity in the different public armories, rection of the they are hereby placed under the direction of the ord-ment'andtb?coI nance department. And the colonel of the ordnanceS^aKfe* department, under the direction of the secretary for the department of war, is hereby authorized to establish de- spots of arms, ammunition, and ordnance stores, in such parts ofthe United States, and in such numbers, as may be deemed necessary. Sec 10. And be itfurther enacted, That the. colonel The coionei to ofthe ordnance department, under the direction o£ the temof«gufatwr!s secretary for the department of war, is hereby autho- IU"ment"Tc! rized to draw up a system of regulations for the govern- ment of the ordnance department, forms of returns and reports, and for the uniformity of manufactures of all arms, ordnance, ordnance stores, implements, and ap- paratus, and for the repairing and better preservation of the same. Sec 11. And be it farther enacted, That the pay.^^jfeX emoluments, and allowances, for the officers of the ord-^nce «iepart- * aiii.ii ii i ment, tiic same nance department, shall be the same as the pay, emolu- as those in the ments, and allowances, now allowed to officers of simi-art,llery•&c• lar grades, respectively, in the artillery of the United States. And that the pay of a master armorer shall be Pay of master thirty dollars per month, and one and a half rations perSSte^'K-*8 day; of a master carriage-maker, thirty dollars per^ith.andothe". month, and one and a half rations per day; of a mas- ter blacksmith, thirty dollars per month, and one and a half rations per day. The pay of armorers, car- riage-makers, or blacksmiths, each, sixteen dollars per month, and one and a half rations per day; the pay 20S of artificers, thirteen dollars per month, and one ra- tion 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 in- ciothiug, &c. fa„try in the army ofthe United States, except clothing to the master workmen. a^ortaSfcto Sec- 12, ^nd oe itfarther enacted, That the presi- continue officers dent of the United States is hereby authorized to conti- departmem in'ce nue in the service, under this act, all the officers of the service, or, &c. or0«nance department in service on the passage of the same, or to transfer them to other corps of the army of the United States. *r'XRe?r' SfiC* 15# ^nd be it farther enacted, That the colonel of the ordnance department, is hereby allowed, at the rate of one thousand dollars per year, for clerks, and suet! books and stationary as may be necessary to his . department. i4th May.0i8i2, Sec 14. And be it further enacted, That the act &crepealed. j)assc(i May tjie fourteenth, one thousand eight hundred and twelve, entitled "An act for the better regulation of the ordnance department," and the sections of any other acts, coming within the purview of any of the sec- tions of this act, be, and the same are hereby, repealed. [Approved, February 8, 1815.] CHAPTER XCV. An act fixing the military peace establishment of the United States.* peace ratabiuh. Sec 1. Be it enacted by the Senate and House of Re- ™lm%ew\lngpresentatives of the United States of America in Congress 10,000 me.., ^-assembled, That the military peace establishment of the United States shall consist of such proportions of artillery, infantry, and riflemen, not exceeding, in the 3^?Sbe» whoIe»ten thousand men, as the president ofthe United uined. States shall judge proper, and that the corps of engi- neers, as at present established, be retained. organization of Sec 2. And be it farther enacted, That the corps thecal arms. 0f artiiicry shall have the same organization as is pre- scribed by the act passed the thirtieth of March, one thousand eight hundred and fourteen;! and the regi- ment of light artillery the same organization as is pre- ^IliSqT'inT1 s"c* inte™^ ac« as relate to organization, (as I?SiSh?iSf;SiIiVirsupersedcd by the*rovi£ion of the Joi fChapter89. 209 scribed by the act passed the twelfth day of April, one thousand eight hundred and eight;* and that each regiment of infantry and riflemen shall consist of one colonel, one lieutenant-colonel, one major, one adjutant, one quartermaster, one paymaster* one surgeon, and two surgeon's mates, one sergeant-major, one quarter- master-sergeant* two principal musicians, and ten com- panies; each company to consist of one captain, one first lieutenant* and one second lieutenant, four sergeants, four corporals, two musicians, and sixty eight privates. Sec 3. And be itfurther enacted, That there shall SK1^ f£; bc two major-generals, and four brigadier-generals; the brigadiers, &c. major-generals to be entitled to two aids-de-camp, and the brigadier-generals to one aid-de-camp, each, to be taken from the subalterns of the line; four brigade-in- spectors, and four brigade-quartermasters, and such number of hospital surgeons and surgeon's mates, as the service may require, not exceeding five surgeons and fifteen mates, with one steward and one wardmaster to each hospital. The brigade-inspectors, appointed B,i?",e i™*"- • ■.win.. +k:„ „„*. u 11 i a ■ p ... * * torsfrom the line; under tins act, shall bc taken from the line, and the bri- brigade quarter- gade-quartermasters* the adjutants, regimental qui* *££$*£? termasters, and paymasters, from the subalterns of time- line. Sec 4. And be itfurther enacted, That the compen- comp™«i<* sation, subsistence, and clothing* of the officers, cadets, dKT&V non-commissioned officers, musicians, artificers, and privates, composing the military peace establishment, sliall be the same as are prescribed by the act, entitled "An act fixing the military peace establishment of the United States,"] passed 16th March, one thousand eight himdred and two, and the act, entitled "An art to raise, for a limited time, an additional military force,"* passed twelfth April, one thousand eight hundred and eight; and that the major generals shall be entitled to the same compensation as is provided by an act, entitled "An act to raise an additional military force,":): passed ele- venth January, one thousand eight hundred and twelve. T Sec 5. And bc itfurther enacted, That the president caute^^m-'0 ofthe United States cause to be arranged, the officers, Z"Z^cT non-commissioned officers, musicians, and privates, of^a^uiSnlS the several corps of troops now in the service of the'"«?"« "> K IT ., , 0, , . , ' - discharged, he, United States, in such a manner as to form and com- plete out of the same the corps authorized by this act* and cause the supernumerary officers, non-commissioned officers, musicians, and privates, to be discharged from ♦Chapter 54. fChapter46. {Chapter 61. 210 the service ofthe United States, from and after the first day of May next, or as soon as circumstances may permit. Threemonths' Sec 6. And be it farther enacted, That to each com- ScVc^mi's^ned nssioned officer, who shall be deranged by virtue of officer deranged, this act> tj,ere snaij bc aiiowefj an{] paid, in addition to the pay and emoluments to which they will be entitled by law at the time of his discharge, three months' pay. The sererai Sec 7. And be it further enacted, That the several jCe«Pw°th^ruies corps authorized by this act, shall be subject to the and articles of rules and articles of war, bc recruited in the same man- war; aim tne om cers and soi- ner, and with the same limitations; and that officers, diers to be enti . i ««. • • i • a i i i tied to the same non-commissioned officers, musicians, and privates, shall w^undT&rbe-be entitled to tbe same provision for wounds and disa- Snles'&cTa'sau. Cities, *nc same provision for widows and children, and thoiiztdbythe the same benefits and allowances in every respect, not art mentioned. . . . , . . . . J ' mconsrstent with the provisions ot this act, as are au- thorized by the act of sixteenth March, one thousand eight hundred and two, entitled "An act fixing the mi- litary peace establishment of thc United States,"* and the act ofthe twelfth April, one thousand eight hundred and eight, entitled "An act to raise, for a limited time, an additional military force;"f and that the bounty to the recruit, and compensation to the recruiting ofiicer, shall be the same as are allowed by the aforesaid act of the twelfth of April, one thousand eight hundred and eight. [Approved, March 3, 1815.} CHAPTER XCVI. Ar. act making further provision for military services during the late war, and for other purposes. ividoivsandchii- Sec 1. Be it enacted by the Senate and House of Re- i\*Mi™™Lpresentatives of the United States of America in Congress d^ngn.hTvJaer assembled, That, when any officcr or private soldier of ttJ^,he mihtia, including rangers, sea fencihles, and volun- wwie in service,teers, or any non-commissioned ofiicer, musician, or to receive half _ „• ,„+„ l • . l p •>, p ., „ —••, "■ pay for five private, enlisted for either of the terms of one year or years, eighteen months, or any commissioned officer ofthe re- gular army, shall have died while in the service of the United States, during the late war, or in returning to his place of residence, after being mustered out of ser- vice, or who shall have died at any time thereafter, iu consequence of wounds received whilst in the service, •See chapter 46. fSee chapter 54,. 211 and shall have left a widow, or, if no widow, a child or children, under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to re- ceive half the monthly pay to which the deceased was en- titled at the tinie of his death, for and during the term of five years; and, in case of death or intermarriage of such if the widow diet widow before the expiration of said five vears, the hall^™*™^^ pay for the remainder of the time shall go to the child 0|-the children. children of said decedent: Provided always, That the se- provi,,,; as to cretary of war sliall adopt such forms of evidence in ap-£°"™ of evi" plications under this act as the president of the United States may prescribe: Provided also, That the officers proviso; officers and private soldiers of the militia, as aforesaid, who nullTdlsamed have been disabled by wounds or otherwise, while in thc b> ,w"u;-d*. &«*• r -r • i o • ■ i-i p • to '*-' P'aced on service ofthe United States, in the discharge ot their «he pension list duty during the late war, shall be placed on the list ot' ^iegula"' pensioners in the same manner as the officers and sol- diers ofthe regular army, under such forms of evidence as the president of the United States may prscribe: • Provided also, That the provisions of this act shall notProv;SOJthepi.0, extend to any person embraced in the provisions of »»'^TwTrttenliw* act, entitled "An act to provide for the widows and or-persons an- phans of militia slain, and for militia disabled, in the ot^d August,8" service of the United States," passed the second day ofW3 August, one thousand eight hundred and thirteen. Sec 2. And be itfurther enacted, That when any The guardians of non-commissioned officer, musician, or private soldier, ^'XTS ofthe regular army of the United States, sliall have^s^ta™ been killed in battle, or have died of wounds or dis-butkJrWii'of ease, while in the service of the United States, during^'t.'tiuv'a the late war, and have left a child or children under six-^^;*^ teen years of age, it shall be lawful for the guardian of1ai"ff---y«he such child or children, within one year from the passing tor live years. of this act,* to relinquish the bounty land to wl^ch such non-commissioned officer, musician, or private soldier, had he survived the war, would have been entitled; and, in lieu thereof, to receive half the monthly pay to which such deceased person was entitled at the time of his death, for and during the term of five years, to be com- puted from and after the seventeenth day of February, one thousand eight hundred and fifteen; the payment thereof to be made when and where other military pen-merea war, sions are or shall he paid; and where a warrant for the™^^ military bounty land aforesaid shall have been issued to surrender it. or for the use of the child or children of any such de- ceased non-commissioned officer, musician, or private ♦Time extended by subsequent acts—See chapter 106, section 3, and chapter 117. 212 soldier, such child or children, or either of them, being under sixteen years of age, it shall be lawful for the guardian of such minor or minors, to surrender and de* liver such warrant into the office for the department of Notice of swrcn-war, within one year from the passing of this art; of SrVSf th.-Iret which surrender and delivery, the secretary of that de- ^ve'ordersfol0 payment shall give notice to the secretary of the trea- thehaifpay. sury, who slia.ll thereupon give the requisite orders for the payment of the half pay hereby provided for. soldiers who en- Sec S. And be it further enacted, That all soldiers llvelva™ oredu-who have been enlisted to serve for five years or during ahol^oHnder *ne war» am' wfre above the age of forty five, or under is, having faith-the age of eighteen years, who have faithfully served b!en r^uiarij11 during the late war, and have been regularly dis- SeoMirmnoTed, charged, and the representatives of such soldiers as shall undebou!ltd} t0 nave died whilst in the service of the United States, and according to all scddiers who have been enlisted, and have faithfully term of enhst- 1 • • • , .. -iii ■ ment. served during the late war, until they have been pro- moted to the rank of commissioned officers, who, if they had served during the war under their enlistment, and been regularly discharged, would have been entitled to a bounty in land, shall be entitled to one hundred and sixty or three hundred and twenty acres of land, ac- cording to the term of enlistment; the warrants ami pa- warrants and tents to issue in the same manner as in the case of sol- ans lssue«diers enlisted of proper age, and discharged under simi- lar circumstances. rhe p<,r™n™tor Sec- 4« And be it farther enacted, That, for the pur- cause 2.000,000 of p • a, . . ~ acre,additional, pose ot carryingthe provisions of this act into effect, and'Lid'off'for and other acts giving bounty lands to soldiers of the re- u,e purpose, of gu]ai. armv> the presi(ient of the unite(i states is here- by authorized to cause to be surveyed and laid off in one or more surveys, two millions of acres, not other- wise appropriated, in addition to the appropriations of lands by the act of May the sixth, one thousand eight hundred and twelve, for designating, surveying, and granting, military bounty lands according to the provi- sions of said act.* no transfer of Sec 5. And be it farther enacted, That no transfer bounty land va- „f in„,i , , . . •* _ , . " ' """ lvl lid omii after the oi lanu, granted in virtue of this or any other law, giving ^of^%dae,enub»u»tiesof land to the non-commissioned officers, musi- r,aecdrison5 "ans» a"d privates, enlisted during the late war, shall be valid, unless the contract or agreement therefor, or letter of attorney, giving power to sell or conwy, shall have been executed after the patents shall be issued and delivered to the persons entitled thereto. [Approved, April 16, 1816.] *See chapter 68. 213 CHAPTER XCVI1. An act to increase the pensions of invalids in certain cases; for the relief of invalids ofthe militia; and for the appointment of pension agents in those states where there is no commissioner of loans, Sec !. Be it enacted by the Senate and House of Be-persons of the presentatives of the United States of America in Congress J^on"h?pen- assembled, That all persons of Hie ranks hereinafter ^""'foAhe named, who are now on the military pension roll of tbe^«|^s^eof United States, shall, from and after the passage of this sums motioned, act, be entitled to, and receive, for disabilities of the1" highest degree, the following sums, in lieu of those to which they are now entitled, to wit: a first lieutenant, seventeen dollars; a second lieutenant, fifteen dollars; a third lieutenant, fourteen dollars; an ensign, thirteen . dollars; and a non-commissioned officer, musician, or pri- ^ pToportiona- vatc, eight dollars, per month: and for disabilities of a de- b|y■*"• gree less than the highest, a sum proportionably less. Sec 2. And be it further enacted, That all persons Persons hereaf- of the aforesaid ranks, who may hereafter be placed on S^*d1SilJS the military pension roll ofthe United States, shall, ac-roii.wbeputon .• a i • 1 j i r a- i •!•*• u at the rates spe- cording to their ranks and degrees ot disabilities, be cified in this act. placed on at tbe aforesaid rates of pensions, in lieu of those heretofore established: Provided, That nothing Proviso; nothing herein contained shall be construed to lessen tbe pen- Jghe" pension* sion of any person who, by special provision, is entitled|5)ons#pecial prov" to a higher pension than is herein provided. Sec 3. And be it farther enacted, That all laws and officers and soi- regulations, relating to the admission of tbe officers andfilf^,^™: soldiers of the regular army to bc placed on the pension ^^J^T1 roll ofthe United States, shall, and Ihey are hereby de- roil ,^eu*^f clared to, relate equally to the officers and soldiers of my.1*8 the militia, whilst in the service of tbe United States. Sec 4. And be it farther enacted, That the secretary ™rs^^'tf for the department of war be, and he is hereby, autho-appoint proper . r ., .. i.. i persons in the rized and required to appoint some fit and proper per-lutes and ten-i- son in those states and territories where there is iwS^'wn,. commissioner of loans, and also in the district of Maine, J™^?^ to perform the duties in those states and territories, an('fhedt'J,il'5n^; in said district, respectively, relating to pensions and and peXnerT pensioners, which are now required of said commis- sioners in their respective states. [Approved, April 24, 1816.] 214 CHAPTER XCVIII. An act for organizing the general staff, and making further provision for the army of the United States." rcTof'sd^Irch! ^Ec* *• Be it enacted by the Senate and House of Re- 1813, with re- presentatives of the United States of America in Congress \W^\^Hff,eSi\rassembled. That, in addition to the act providing for a established, he. mjiitary peace establishment,! the provisions of the act of March third, one thousand eight hundred and thir- teen,^: for the better organization of the general staff, be, and the same are hereby, so far established, that the general staff shall, in future, consist of one adjutant and inspector-general of the army, and one adjutant gene- ral, one inspector-general, three topographical engi- neers, and one quartermaster-general, with one deputy quartermaster-general to a division; and an assistant of each to every brigade, which shall supersede the bri- gade-quartermasters and inspectors now existing; and that the apothecary-general, as heretofore authorized, be allowed two assistant apothecaries. Medical staff ex- Sec. 2. And be itfurther enacted, That the medical staff shall be so extended, that there shall be four hospi- tal surgeons, and eight hospital surgeon's mates, to each division, with as many post surgeons as the service may require, not exceeding twelve to each division; who shall receive the same pay and emoluments as hospital nireejudge ad-surgeon's mates; and that there be three judge advo- ^andVchap-cates to each division, and one chaplain to each brigade hunjo each bn-0f tne armv> wno sli£h.ll receive the pay and emoluments of major, as heretofore allowed. ray department Sec 3. And be it further enacted, That the pay dc- l^ymasterVne- partment shall consist of one paymaster-general of the SgsSotTpSS army> with the annual salary of two thousand five hun- num.' dred dollars; and that, in addition to regimental pay- r.attaBonpay- masters, there be appointed one paymaster to each bat- niiisters to the a i • « ., .. ..,, . .. corps of artillery, tal ion ot tlie corps ot artillery, who, as well as the regi- mental paymasters, in addition to the regular and punc- tual payment of their respective regiments or corps, shall discharge the duties of district paymasters, within such district as shall, from time to time, be assigned them by the paymaster-general, under the direction of SM£35the secreta*7 of war= Provided, That regimental and the paymasters battalion paymasters may be taken either from the su- •The organization here given to the staff, is materially modified by- act of 14th April, 1818, chapter 109, which, with so much of this act as refers to organization, may be considered superseded by that of 2d March. 1821, chapter 122. ' fSee chapter 95. ^See chapter 80. 215 balterns of the army or citizens, and appointed by the from subalterns president of the United States: Provided also, That re-d^tf"* " gimental and battalion paymasters shall receive the pay fe™vits°;£*[•£?" and emoluments of major, and shall each be allowed athepayandemo- capable non-commissioned officer as clerk, who, while so jor, and°anowed employed, shall receive double pay, and the actual ex-su^ToXTas pense of transportation while travelling under orders inaclerk>&c- the discharge of his duty. Sec 4. And be it further enacted, That it shall bePaymasterst0 the duty of the rearimental and battalion paymasters to J>aya11 theiesTJ- 111 i . i i • , lar troop*. pay all the regular troops; and,to insure punctuality and responsibility, correct reports shall be made to the pay- correct reports master-general once in two months, showing the dispo-tothe'!aymas'.tl'' . . ., . • i general, once in sition ot the funds previously transmitted, with accuratetwo months, &c estimates for the next payment of such regiment, garri- son, or department, as may have been assigned to each; ii *. i n /• •» . . ., . Paymasters fait- and whenever any paymaster shall tail to transmit such hut. to transmit estimate, or neglect to render his vouchers to the pay- fertSngw?en^s" master-general for settlement of his accounts, more than ^rmoths'af["r six months after receiving funds, he shall be recalled, receiving funds, i ,, • . i • i • i ji. ' are to be recall and another appointed in his place.* ed, &c. Sec 5. And be itfurther enacted, That the pur-purchasingdt. chasing department shall consist of one commissarv-2*e-i,artmei,i.,0 . °, 1 , J O consist of a com- ncral of purchases, as heretofore authorized, with themissarygenerai; annual salary of three thousand dollars, and one deputy-missa^'to^cii commissary to each division, with the annual salary of «miS^vi two thousand dollars, and six assistant commissaries of "**, of.1i.s,*Ies; • , p a"" military issues, with the annual salary of one thousand three storekeeper* hundred dollars; and as many military storekeepers as the service may require, whose salaries shall he regu- lated by the secretary of war, according to the duty they may perform: Provided, That the pay and emolu- ments shall not exceed that of a captain of infantry. Sec 6. And be it farther enacted, That all officers of officers of the the pay, commissary, and quartermaster's department,and'qumenim.- shall, previous to their entering on the duties of their |J^t^£"ve respective offices, give good and sufficient bonds to thebu"'ls' United States, fully to account for all moneys and pub- lic property which they may receive, in such sums as the secretary of war shall direct. And all paymasters,££jj£a2S. commissaries, aud storekeepers, shall be subject to the and storekeepers, ■ i .. , „ . ,i ° subject to the rules ami articles of war, in the same manner as com-rules and ani- missioned officers: Provided also, That all officers ofplr^'Siiceri the pay and commissary's departments be submitted to 2^2*^. the senate for their confirmation, in the same manner as m»^au, tok! ., /». ,. ,, ' submitted to the tlie officers of the army. senate. •See chapter 125, sections 2 and 3. 216 •rhepresident & Sec 7. And be it further enacted* That the president prescribe the 0f t|,e United States be, and he hereby is. authorized to kmd'ofciothing.,,rpSrribe the quantity and kind of clothing, to be issued p,mi>..; when anmiallv to the troops of the United States. Provided, more than the — . » .. • i x'i- authorized quan.That whenever more than the authorized quantity is re- reqtliredrthe'va'quired, the value of the extra articles shall be deducted dirclf^m'the from the soldiers' pay: and, in like manner, the soldiers soldiers' pay, ^^ receive pay arcording to the annual estimated value for such authorized articles of uniform as shall not have Proviso;the man-oecn jSSUpd to him in each year. Provided also, That tier of issuing . , . „ . . . ... clothing, he. to the manner ot issuing and accounting tor clothing, snail g^.lerai'reguta-1"be established in the general regulations of the war de- li0,,s' partment. where a soldier Sec 8. And be it farther enacted, That in all cases chai^d"and where a soldier ofthe regular army shall have been dis- d^o^mfthe5 charged from the service of the United States, and paymaster-gene- clothing shall be due to said soldier, it shall be the duty ral is to cause it "~ . . » • , u»be paid tor. of the paymaster general to cause the same to be paid for, according to the price paid in the seventh section of this act. em^rs ofthe Sec 9. And be it farlher enacted, That the several '■e^veaphy°aTnd officers of the staff Shall, respectively, receive the pay emoluments, and an(| emoluments, and retain all the privileges, secured Co retain pmi- « ■» # leges, according to the staff of .the arm>', by the act ot March third, one MS?ch,°i8i3',&e;thousand eight hundred and thirteen,* and not incom- patible with the provisions of this act: and that the rc- Reguiations in gulations in force before the reduction of the army, be iSuVaon'ouhe6 recognized, as far as the same shall be found applica- wbjectr&c.mz<;d;l),e to the service; subject, however, to such alterations as the secretary of war may adopt, with the approbation of the president, officersofthe Sec 10. And be it further enacted, That the offieer.4 ^hirac',™d of the staff, provisionally retained by the president, and se?°ke-Za^din r- 'n t'l,s act en,infierated and made permanent, be recog- risonsurgeons nized in service under this act, and that the erarrisori and mates to be „.._,__ i . , , . P. . , , ~ consider post surgeons and mates be hereafter considered as post sur- STo'm the geons; and hereafter the staff of the army may be taken ime or citizens, from the line of the army, or from citizens. ordnance depart. Sec n. And be it farther enacted, That the ordnance Z^l^Si^ department be continued, as at present organized under act of sth Feb. the act of February eighth, one thousand eight hundred ordnance offi- an(l fifteen, and that ordnance officers be assigned to ^.*!££&htheir du.ties ™'th the staff of the army, in the same man- the staff; &c- ner as from the corps of engineers. Sec 12. And be it farther enacted, That when forage is not drawn in kind by officers of the army entitled *See chapter 80. 217 thereto, eight dollars per month, for each horse, not ex-Eight dollars per ceeding the number authorized by existing regulations, ^wheT,™l shall be allowed in lieu thereof: Provided, That neitherf,,oreach forage nor money shall be drawn by officers, but for proviso; neither horses actually kept by them in service: Provided also, n^fe^cqitXr That none, except company officers, shall be allowed to k™?™"' in take as servants or waiters soldiers of the army; and fj^^X^M that all officers be allowed, for each private servant ac-1,°take «>idiers tually kept in service, not exceeding the number autho- ° rized by existing regulations, the pay, rations, and Pay, rations, and clothing, of a private soldier, or money in lieu thereof, di°r forSeachaprii on a certificate, setting forth the name and descriptionmm^nHeu} of the servant or servants, in the pay account: Provided &«•. ... 7 mi 1 i« • i * • i, ■• . Proviso; an addi- also, lhat one additional ration be allowed to all subal-'^'ai isiti™ '° tern officers of the army. [Approved, April 24,1816.] subalterns of the army. CHAPTER XCIX. An act to provide for cases of lost military land warrants, and discharges for faithful services. Sec. 1. Be it enacted by the Senate and House of Re- s-.Miers of the presentatives of the United States of America in Congress h^ingobSd assembled, That wdien any soldier of the regular army, ^^fe"'^"1 having obtained a military land warrant, shall haves»,i!''aif|or>-pr™>f lost, or shall hereafter lose, the same, or the said war-secretary of war, rant shall have been, or may be, by accident, destroyed, poems'."'"1 t0 every such soldier shall, upon proof thereof, to the sa- tisfaction of the secretary of war, be entitled to a pa- tent, in like manner as if the said warrant was pro- duced. Sec 2. And be it further enacted, That in all cases when it appears, of discharges from the military services of the United of\h"t'eUTa,.-yn States, of any soldier of the regular army, when it shall SftwiH'SfVaiiii. appear to the satisfaction of the secretary of war that a ^"of'disl'" certificate of faithful services has been omitted by tbe ^f from mi- neglect ofthe discharging officer, by misconstruction of have" been omit. the law, or by any other neglect or casualty, such omis-^onJn^Jmn, sion shall not prevent the issuing of the warrant and pa-™nSUnllViouo tent as in other cases. And when it shall be proved, as i>reve"t ,he iJS"- • i i ii- pa, i ii . »'K of warrants aforesaid, that any soldier ot the regular army has lost ami patents. his discharge and certificate of faithful service, the se- thtTssofa dis- cretary of war shall cause such papers to be furnished ^fX"^"'' such soldier of the regular army as will entitle him to l.aiz°iwai is t0 i -n • ? i f*i i niiiijsn papers, his land warrant and patent: Provided, Such measure&c. be justified by the time of his enlistment, the period manure u-jtm;; 28 218 mi*, the tin* of service, and the report of some officer ofthe corps ta £ ^enlistment, ^fc^ ne was attached. [Approved, April 27,1816.] CHAPTER C. An act concerning the annual sum appropriated for arming and equipping the militia.* Thes«mof Sec 1. Be it enacted by the Senate and House of Re- S™™lv£.prcsentativcs of the United States of America in Congress ^^^^ assembled, That the annual sum of two hundred thou- neysm iiutrea-sajK| dollars, as appropriated for the purpose of pro- *i«'apprVi7 vidir.g arms and military equipments for the militia, ate1' either by purchase or manufacture, according to thc act of the twenty-third of April, one thousand eight hun- dred and eight, entitled "An act making provision for arming and""equipping the whole body of the militia of the United States," shall be paid, for each year, repec- tively, out of any moneys in the treasury not otherwise- appropriated. The -mm appro. Sec 2. And be it farther enacted. That the sum ap- piiedWacc°oriiing,'propriated, to be paid as aforesaid, shall be applied for ApriM808Ol^hi the purpose, and according to the intention, specified in tolttJii'"ur"r^1 d si*• <1 act, without being liable, at any time, to be carried rund. to the account of the surplus fund. And nothing in tliG ai^ofMMaVch.act of the third of March, one thousand eight hundred riz?;t«mfcr'ofand nine, entitled "An act further to amend the seve- ihe ftim'w a%' ral arts *or the establishment and regulation of the trea- other branch of sury, war, and navy, departments,''' shall be construed to authorize the transferring of the sum annually appro- priated as aforesaid, or any portion thereof, to any other branch of expenditure.! [Approved, April 29, 1816.] CHAPTER CI. An act to increase the compensation of the superintendents ofthe manu- factories of arms at Springfield and Harper's Ferry. Sec. 1. Be it enacted by the Senate and House of Re- g3o per month presentatives of the United States of America in Congress 3ay.,laddiiioiiai, assembled, That, in addition to the pay and rations, as tendenisSTm". at present fixed, of the superintendents of the manufac- "nm'a!'spring-tor'PS °^ a,ms at Springfield and Harper's Ferry, they fiuV>crrHar" s'ia" rece*ve thirty dollars per month, and one ration "'" per day. [Approved, April 29, 1816.] *See chapter 56, with the note thereon- fSee note to chapter 105- 219 CHAPTER CII. An act to authorize the survey of two millions of acres of the public lands, in lieu of that quantity heretofore authorized to be surveyed in the territory of Michigan, as military bounty lands. Sec 1. Be it enacted by the Senate and House of fie-so muchjrf the^ presentatives of the United States of America in Congress MaV°, Jaw, as assembled. That so much of the "Act to provide for de- ^l^T siguating. surveying, and granting, the military bounty ^'^"^,7 lands,"* approved the sixth day of May, one thousand Mi higan, re. „ eight hundred and twelve, as authorizes the president of1^3 the Unitpd States to cause to be surveyed two millions of acres ofthe lands of the United States in the territo- ry of Michigan, for the purpose of satisfying the boun- ties of land promised to the non-commisioned officers and soldiers of the United States, be, and the same is hereby, repealed; and in lieu of the said two millions of acres of land, the president ofthe United States be, and The president to he is hereby, authorized to cause to be surveyed, of the J££ J/g^J. lands ofthe United States fit for cultivation, not other-^^'j^ wise appropriated, and to which the Indian title is extin- in Missouri, guished, one million five hundred thousand acres in the Illinois territory, and five hundred thousand acres in the Missouri territory, north ofthe river Missouri: the the said lands shall be divided into townships, and sub- The lands to be divided into sections and quarter sections, (each quar-eo^p,"^, ter section to contain, as near as possible, one hundred vidcd'&c- and sixty acres,) in the manner prescribed by law for surveying and subdividing the other lands of the United States; and the lands thus surveyed, with the exception The lands sur, ofthe salt springs and lead mines therein, and of the^onw^hsa^ quantities of land adjacent thereto, as may be reserved ^an^0dthM for the use of the same by the president of the Unitedj*^™"**. States, and the section number sixteen in every town- sjti!fjingb«.im- ship, to be granted to the inhabitants of such township |^£r^!SS£ for the use of public schools, shall, according to the pro-«* *"*». ^ visions of the above recited act, be set apart for the pur- pose of satisfying the bounties of land promised to the non-commissioned officers and soldiers of the late army of the United States, their heirs and legal representa- tives, by the act, entitled "An act for completing the ex- isting military establishment,! approved the twenty- fpurth day of December, one thousand eight hundred and eleven, and by the act, entitled "An act to raise an additional military force,"} approved the eleventh da^ of January, one thousand eight hundred and twelve* •Chapter 68. tChaPter 60- {Chapter 61. 220 Sec 2. And be it further enacted, 1 hat every person Every person in . ^ _ ... . 1 1 . . «hose ravor a in whose favor any warrant for military land bounty is i7uryn"a^rbonu,n. issued, shall be, and is hereby, authorized to draw, by inori^i'w'd'ra'w, lot, one of the quarter sections surveyed by virtue of hyiot. onei.fthefnjs act, and shall obtain a patent therefor, in the same quarter sections, ' # I ,n, .jit »»d obtain a pa- manner, in every respect, as is or shall be provided by ' c'law for patents to issue for other military land bounties, or as is provided by the act, first above recited, for pa- tents to issue for such lands. [Approved, April 29, 1816.] CHAPTER CIIL Resolution authorizing tbe president of the United States to employ a The president skilful assistant in the corps of engineers. authorized to ,,,i , /. .„ employ a skiifui Resolved by the Senate and House of Representatives of Sorps of engi- the United States of America in Congress assembled, That compemationhas the president of the United States be, and he is hereby, propeln«'nex- authorized to employ, in addition to the corps of engi- ceoiing, tkc. neers as now established, a skilful assistant, whose compensation shall be such as the president of the United States shall think proper, not exceeding the al- lowance to the chief officer of that corps. [Approved, April 29, 1816.] CHAPTER CIV. An act to provide for the prompt settlement of public accounts.* ficisoft'h.war Sec 1. Be it enacted by the Senate and House of Re- nt^iduffi^presentatives of the United States of America in Congress den,T"eTo"f assembled, That, from and after the third day of March S'f aboIXd the offices of accounta"t and additional accountant of * the department of war, the office of accountant of the navy, and tbe office of superintendent general of mili- aii accounts to tiiry suPP,ies» be» and t,,ey are hereby, abolished. besettiedTn'the Sec 2. And be itfurther enacted, That, from and af- ™T.V& *i* ter the said third day of March next, all claims and de- March,i8i7. mauds whatever, by the United States or against them, and all accounts whatever, in which the United States are concerned, either as debtors or as creditors, shall be settled and adjusted in the treasury department. This act prescribes the duties, and indicates the powers, of those charged with the settlement of public accounts; and may, therefore, be ^™iT„f ?>, °f m6 °fficers °f the arm^ whose duties rel«e to the disbursement of the public money. 221 Sec. 3. And be it further enacted, That, from and af-Four auditors tcr the third day of March next, in addition to the offi-S«£mi, cers in the treasury department, already established hyj£th?^ea.sury' law, there shall be the following officers, namely: four **"" auditors and one comptroller. * Sec 19. And be it farther enacted, That it shall be Duty of the first the duty of the first auditor to receive all accounts ac-au•iit01• cruing in the treasury department, and, after examina- tion, to certify the balance, and transmit the accounts, with the vouchers and certificate, to the first comptrol- ler, for his decision thereon; that it shall be the duty ofrmty of these- the second auditor to receive all accounts relative to thec""dauditor' pay and clothing of the army, the subsistence of officers, bounties, and premiums, military and hospital stores, and the contingent expenses of the war department; that it shall be the duty of tlie third auditor to receive all ac- Duty ofthe third counts relative to thc subsistence ofthe army, the quar-atuluor* termaster's department, and, generally, all accounts of the war department other than those provided for; and it shall be the duty of the fourth auditor to receive allDuty of 'he •" . , , . ... fourth auditor> accounts accruing m thc navy department, or relative thereto; and the second, third, and fourth, auditors afore- said, shall examine tbe accounts respectively, and certi- fy the balance, and transmit the accounts, with the vouchers and certificate, to the second comptroller, for his decision thereon; and it shall be the duty ofthe fifth D^w"f,hefifth auditor to receive all accounts accruing in, or relative to, the department of state, the general post office, and those arising out of Indian affairs, and examine the same, and thereafter certify the balance, and transmit the accounts, with the vouchers and certificate, to the first comptroller, for his decision thereon: Provided, Proviso; as to the » ' . . ' accounts ofthe. That the president of the United States may assign to additional ac- the second or third auditor the settlement ofthe accounts c'oumant' which are now confided to the additional accountant of the war department. Sec 5. And be it farther enacted, That it shall be the Furtherdutu« of duty of the auditors, charged with the examination of,heaudi,otfc the accounts of the war and navy departments, to keep all accounts of the receipts and expenditures of the pub- lic money in regard to those departments, and of all debts due to the" United States on moneys advanced re- lative to those departments; to receive from the second comptroller the accounts which shall have been finally adjusted, and to preserve such accounts, with their vouchers and certificates, and to record all warrants drawn by the secretaries of those departments, the ex« 222 animation ofthe accounts of which has been assigned to them by the preceding section. And it shall be the duty of the said auditors to make such reports on the busi- ness assigned to them, as the secretaries of the war and navy departments may deem necessary, and require, for the services of those departments. Auditors to re- Sec. 6. And be it further enacted, That, the said au- Errtaryltftte ditors shall annually, on the first Monday in Novem- treasury. hcV) repol.t to tne secretary of the treasury tbe applica- tion of the money appropriated for the military and na- val departments for tbe preceding year, which shall be laid before congress, by him, with the annual statement ofthe public expenditure. The treasurer to Sec 7. And be it farther enacted, That the treasurer ne)sU^rdearedIfbr of the United States shall disburse all such moneys as waVand?m*de.shall have been previously ordered for the use of the partmems, &c. war and navy departments by warrants from the trea- sury, which disbursements shall be made pursuant to warrants drawn by the secretary of the war and navy departments, respectively, countersigned by the second comptroller, and registered by the auditors respec- tively. Duty ofthe f.rst Sec. 8. And be it farther enacted, That, it shall be comptroller. t,ie duty qp the fi|.gt com,)troller to examine all accounts settled by the first and fifth auditors, and certify the balances arising thereon to the register; to countersign all warrants drawn by the secretary of the treasury, which shall be warranted by law; to report to the se- cretary the official forms to be issued in the different of- fices for collecting the public revenue, and the manner and form of keeping and stating the accounts of the se- veral persons employed therein; he shall also superin- tend the preservation of the public accounts, subject to his revision, and provide for the regular payment of all moneys which may be collected. "Duty of these- Sec 9. And be itfurther enacted, That it shall be iisr. cwnpro* the duty of the second comptroller to examine all ac- counts settled by the second, third, and fourth, auditors, and certify the balances arising thereon, to the secre- tary of the department in which the expenditure has been incurred; to countersign all warrants drawn by the secretaries of the war and navy departments, which shall be warranted by law; to report to the said secre- taries the official forms to be issued in the different of- fices for disbursing the public money in those depart- ments, and the manner and form of keeping and stating the accounts of the persons employed therein; and it 223 •shall also be his duty to superintend the preservation of the public accounts subject to his revision. Sec. 10. And be itfurther enacted, That it shall be First comptroller the duty of the first comptroller to superintend the re-thV'^ver^of covery of all debts to the United States; to direct suitsaUdebto,&c* and legal proceedings, and to take all such measures, as may be authorized by the laws, to enforce prompt payment of all debts to the United States.* Sec 11. And be it further enacted, That the provi- The provision sion contained in the second section of the act, passed ^"section^c the third March, one thousand seven hundred and nine-**"'f,iLdof , ,.., , . . . March, 1797, ex- ty-seven, entitled "An act to provide more effectually for tended in regard thc settlement of accounts between the United States and of the war and* receivers of public money," which directs that in everySsf&c?'" case where suits have been, or shall be, instituted, a transcript from the books and proceedings of the trea- sury, certified by the register, shall be admitted as evi- dence, be extended, in regard to the accounts of the war and navy departments, to the auditors respectively charged with the examination of those accounts, and that certificates, signed by them, shall be of the same effect as that directed to be signed by the register. Sec 12. And be it farther enacted, That the auditors Auditor, em- of the public accounts shall be empowered to administer FXhictoathl" oaths or affirmations to witnesses, in any case in which 6«. they may deem it necessary for the due examination of the accouuts with which they shall be charged. Sec 13. And be it farther enacted, That it shall be secretary of the the duty of the secretary of the treasury to cause all ac-aH^cwumsTf* counts of the expenditure of public money to be settled ^p^c"^^-, within the year, except where the distance ofthe places ;o be settled with- where such expenditure occurs may be such as to makecept.Vc?*' further time necessary; and, in respect to expenditures at such places, the secretary of the treasury, with the assent of the president, shall establish fixed periods at which a settlement shall be required.! And it shall be Fir*comptroller the duty of the first comptroller to lay before congress, to^sy^0,^oua; annually, during the first week of their session, a list of "s.t.°'f officers' such officers as shall have failed in that year to make s^ttie,ment,m&c. 29 226 iifcaofnon.ccmi.and children of the non-commissioned officers ofthe of'the"^^-" rangers, shall be placed on the same footing as to half *"■ pay, for five years, with the widows and children of the infantry. provisions of the Sec" 5. And be it further enacted, That the pro\ isions 2d section of the „. , . o . i aa i • i. j.\ • • i act of ieth April, of the second section ofthe act to which this is a supple- mo, extended, mp||^ s)ja|1 ^ an(1 the samp a|,e i,ere0y, extended to all cases where either of the children therein mentioned shall have been under sixteen years of age at the time of the Proviso; as to as- father's decease: Provided, The guardian of such mi- sentof other nor children shall, in addition to the relinquishment by said act required, file, in the office of the department of war, evidence ofthe assent of all the other heirs, if any there be, of said.deceased soldier, or of their guardians, to such relinquishment. Relinquishment Sec 6. And be it further enacted, That in all cases of title to bounty ., i -i i p i i •• • land entities ehii-where the child or children ot a regular soldier, de- soHiere toefour'ceased, have the right, under the laws of the United doiis.permomJi-states, to relinquish their bounty in land for five years' half pay, the said child or children shall be entitled to the same amount as is given by the act to the widows of the militia soldiers who died in service during the late war, viz: four dollars per month. [Approved, March 3, 1817.] CHAPTER CV11. An act extending the time for obtaining military land warrants in certain cases. rite 2d sectioned Sec 1. Be it enacted by the Senate and nouse of Re- to, not to a^piy presentatives ofthe United States of America in Congress O°fp^rsonlkiikd",asse7rife/ed, That the provisions ot the second section of k** the act, entitled "An act to provide for designating, sur- veying, and granting, the military bounty lands,"* passed on the sixth day of May, one thousand eight hun- dred and twelve, which limits the time within which persons entitled to military bounty lands sliall make their application for a land warrant, to five years from and after such person shall become entitled thereto, shall not be construed to apply to, affect, or bar, any application for a military land warrant, which may be made by the heirs and representatives of a deceased person, who was entitled thereto by services performed in the late war, or application by the heirs and reprc- *See chapter 68. 227 gentatives of any non-commissioned officer or soldier killed in action, or who died in the actual service of the United States, and entitled by existing laws to a bounty in lands: but the heirs and representatives of such per-^^. &c of Sons shall be allowed to make their applications there- such persons may for at any time before the first day of May, one thou-n^ns%ntit V sand eight hundred and twenty; any act to the contra-May'1820, ry notwithstanding. [Approved, March 27, 1818.] CHAPTER CV1I1. An act to establish the flag of the United States. Sec 1. Be it enacted by the Senate and House of Re- After the 4th ju- presentatives of the United States of America in Congress^^iitti^ef assembled, That, from and after the fourth day of July »nd*> "tare- next, the flag of the United States be thirteen horizon- tal stripes, alternate red and white: that the union be twenty stars, white in a blue field. Sec 2. And be itfurther enacted, That, on the ad-a star to be ad mission of every new state into the union, one star be ^ ^teevery added to the union of the flag; and that such addition shall take effect on the fourth day of July then next suc- ceeding such admission. [Approved, April 4, 1818.] CHAPTER CIX. An act regulating the staff of the army.* Sec 1. Beit enacted by the Senate and House of Re- part of the acti /presentatives of the United States of America in Congress f^l^lf^ assembled, That so much of the act "fixing the military ap^ 18I6>re" peace establishment of the United States,"f passed the third of March, one thousand eight hundred and fifteen, as relates to hospital stewards and wardmasters, and so much of the "Act for organizing the general staff, and making further provision for the army of the United States,":}: passed April twenty-fourth, one thou- sand eight hundred and sixteen, as relates to hospital surgeons, hospital surgeons' mates, judge advocates, chaplains, and forage, wagon, and barrack, masters, and their assistants, be, aud the same is hereby, repealed. ♦Superseded by the provisions of the act of 2d March, 1821, chap- ter 122. , fSee chapter 95. JSee chapter 98. 228 a surgeon gene- Sec- 2- And be it further enacted, That, there shall rai. be one surgeon-general, with a salary of two thousand Assistant surgeon five hundred dollars per annum, one assistant surgeon- generai. general, with the emoluments of a hospital surgeon, one judge advocate, judge advocate, with the pay and emoluments of a topo- chapiaiD,&c graphical engineer, to each division, and one chaplain, stationed at the military academy at West Point, who shall also be professor of geography, history, and ethics, with the pay and emoluments allowed the professor of Eight post si:r- mathematics; and that the number of post surgeons bo ge»ns to a dm- jnrreasefjj not to exceed eight to each division. Sec 3. And be it further enacted, That so much of the act of the twenty-fourth of April, one thousand eight hundred and sixteen, aforesaid, as relates to the quar- termaster general of division, shall be repealed; and thc quartermaster-* quartermaster's department shall consist, in addition to corSstnof1one the two deputy quartermasters-general, and the four as- E"ntraUnStaddi-sistarit-deputy quartermasters-general, now authorized, thm to deputies, of one quartermaster-general, with the rank, pay, and /wtant depu- emoluments, of a brigadier-general, and as many assis- denfde^ms'pTn- tant deputy quartermasters-general as the president ws weive.ceed" shall deem proper, not exceeding, in thc whole number, twelve. Sec 4. And be it farther enacted, That to each com-. addltionaTpay missioned officer who shall be deranged by virtue of this i^L^Sncom!act, there shall be allowed and paid, in addition to the missioned offi- pav am| emoluments to which they will be entitled by law, at the time of their discharge, three months' pay Tins act to go and emoluments; and that the provisions of this act shall brf?.re ist June, be carried into effect on or before the first day of June 1818* next. Pav.&c.ofin- Sec 5. And be it further enacted, That the pay and spector-sjeneruls . n ,i • , » .. . . . ofdivuions emoluments ot thc inspector-generals of divisions bc, and is hereby, raised to bc equal to the pay and emolu- ments of the adjutant-generals of division. ^SXtoteTp. Se^ 6. And be itfurther enacted. That, as soon as P^sia4t,ywith tl,p state of existing contracts for the subsistence ofthe the^te,tof arn,y snaN» •" the opinion ofthe president ofthe United States, permit it, there shall be appointed by the presi- dent, by and with the advice and consent of the senate, ne^S^' one commissary general, with the rank, pay, and emo- p-y.&e- luments, of colonel of ordnance, who shall, before en- tering on thc duties of his office, give bond and security, in such sum as the president may direct; and as many Saries^c,0nnthes'assistants' .to bc takcn from the subalterns of the line, subaiternsoi che as the service may require, who shall receive twenty me, their pay, doHars per mQnth ^ ^frfa %Q a^^ a^ ^ ^ j.^ Bond and secu- rity. 229 and who shall, before entering on the duties of their of- fice, give bond and security, in such sums as the presi-Assistants togi»e dent may direct. The commissary-general and his as.bond &secm,'5' sistants shall perforin such duties, in purchasing and is-D',tiesof com- i. a- , p , tt • r? missarj-general, suing ot rations to the army of the United States, as he. the president may direct. Sec 7. And be it further enacted, That supplies for SupPries to be the army, unless, in particular and urgent cases, the *01nr}r^tnbLb. secretary of war should otherwise direct, shall be pur-'»<: notice, and chased by contract, to be made by the commissary-ge-bui'Cunderre- neral on public notice, to be delivered, on inspection, |™^rib^ythe in the bulk, and at such places as shall be stipulated: JSSfSS.r" which contract shall be made under such regulations as wise directs. the secretary of war may direct. Sec 8. And be it farther enacted, That the president The president may make such alterations in the component parts ofSs"fnethettr" the ration as a due regard to the health and comfort oi'^™^!tonPart9 the army and economy may require. Sec 9. And be it further enacted, That the commis- commwsary-ge- sary-general and his assistants shall not be conceimed,J1ae™s1n*"dloasD^'' directly or indirectly, in the purchase or sale, in trade.concerned in y p a- , a • • a a, • trade, &c.in ar- or commerce, ot any article entering into the composi- tides entering tion of the ration allowed to the troops in the service of ^ceptT&l'^or the United States, except on account of the United ^5^^ State|| nor shall such officer take and apply to his owni™.' use any gain or emolument for negotiating or transact- ing any business connected with the duties of his office, other than what is or may be allowed by law; and the Commissary.^ commissary-general and his assistants shall be subjectnera|. &c. sub- . , , ° .lect to martial to martial law. # 'aw. Sec 10. And be itfurther enacted, That all lettersComiRissai.y.ge. to and from the commissary general, which may relate }^eal0sfp0'stage. to his office duties, shall be free from postage: Provided, Prov-lso.t th(; 6th. That the sixth, seventh, eighth, ninth, and tenth, sec-^n8sth;??^,and tions of this act shall continue and be in force for the this act in force - „ . , lor five years, term of five years from the passing ot the same, anil &0. thence until the end ofthe next session of congress, and no longer.* [Approved, April 14, 1818.] CHAPTER CX. An act regulating the pay and emoluments of brevet officers. Sec. 1. Be it enacted by the Senate and House of Re- presentatives of the United States of America in Congress nr*«totew •See chapter,124, by which, the last four sections of this act are con.01 brev« "■* -finued. 230 only when on assembled, That thc officers of the army, who have bre- duovithacor- vet commissions, shall be entitled to, and receive the responding com- y „ . . . 11 1a wand. pay and emoluments of, their brevet rank when on outy, and having a command according to their brevet rank, and at no other time. Brevet commis- Sec 2. And be it farther enacted, That no brevet tohaveX^n- commission shall hereafter he conferred but by and ■entorthek- wjtj| tlie advice ami consent of the senate. [Approved, April 16, 1818.] jiate. CHAPTER CXI. An act respecting the organization of the army, and for other purposes.* Company offi- gEC> i. Be it enacted by the Senate and House of Re- cm of artillery. ... „ ,, »,•.,*>.. p i. • ■ r* presentatives of the United States of America in Congress assembled, That hereafter the company officers of the corps of artillery shall consist of one captain, two first lieutenants, and two second lieutenants; and in the corps of light artillery, the company officers shall consist of one captain, one first lieutenant, and two second lieute- nants; and one of thc second lieutenants in each com- „. .... of officers and during the late war, where an officer or soldier has been &byrf,&c.ub.delayed the receipt of his pay and emoluments, or any SadjusTedand Pai * thereof, by having been transferred from one corps p^d. to another, or omitted to bc returned on the muster roll, pay roll, or receipt roll, or from any other cause what- ever, upon a satisfactory evidence of the justice of such claim, the same shall be adjusted and paid. [Approved, April 20, 1818.] •The 1st and 2d sections of this act are superseded by^he provisions of that of 2d March, 1821, to reduce and fix the military establishment —See chapter 122. 231 CHAPTER CXII. Resolution directing the completion of the survey of the waters of the Chesapeake bay, and for other purposes. Resolved by the Senate and House of Representatives survey* prepa- qf the United States of America in Congress assem- tafimenteoT Med, That the president of the United States be, and^^'re5-6" he hereby is, requested to cause to be resumed and s)"m"' 2nd con»"i completed the surveys heretofore commenced, prepara- tory to the establishment of two naval arsenals; and that, to the naval officers employed in this service, officers of the corps of engineers be joined, with instructions to prepare plans of the fortifications necessary to be erected pians of fortifi. for the defence of such arsenals, with an estimate of the "ainfaexdpeusei expense of erecting the same. And that the president be further requested to cause such a survey of the surrey ofthe Chesapeake bay to be made, as may be requisite to as- Chesapeake bay, certain what points are necessary to be fortified for the protection of the commerce of said bay; and a report of Report, with a the same, with a plan ofthe works necessary to beplan'&c' erected, with an estimate ofthe expense ofthe same, to be made to congress in the first week of their next ses- sion. [Approved, April 20, 1818.] CHAPTER CXTI1. An act allowing further time to complete the issuing and locating of mili- tary land warrants. Sec. 1. Be it enacted by the Senate and House of Re- TneauAority presentatives of the United States of America in Congress s™™^r*°J^ assembled. That the authority granted to the secretary hy the acts of e*' for the department of war, by the second section of the lo^bec. m^to act to provide for designating, surveying, and granting, Swa'S, the military bounty lands, approved the sixth day of^"™^™!* May, on^bousand eight hundred and twelve,* and by the fourtlrsection of the act making further provision for filling the ranks of tbe army of the United States, approved December tenth, one thousand eight hundred and fourteen,! to issue warrants for the military land bounties to persons entitled thereto, shall be revived, and continued in force, for the term of five years from and after the fourth day of March next. Sec. 2. And be itfurther enacted, That the time li-The tunc limited •See chapter 68. ■j-See chapter 92. 282 fun nd mitetl uv tne act supplementary to the act further ex- io'aCgnniiiitar5 tending the time for issuing and locating military land a^rfpThftbr'S warrants, and for other purposes, approved March ninths ifh8£ch.,1a.l.d0°',e thousand eight hundred and eighteen, for issuing htoct.mi. military land warrants, shall be extended to the fourth day of March, one thousand eight hundred and twenty- one, and the time limited by the said act for the location of unlocated military land warrants, shall be extended to the first day of October thereafter.* [Approved, February 24, 1819.] CHAPTER CXIV. An act to regulate the pay of the army when employed on fatigue duty. ],,'»"u » . . . . ohtainthe p.n- „f April next, unless, at the time of relinquishing tlie ,«rS.beu"der16 bounty land, in the manner therein described, the children, for whose benefit the same may be granted, or one of them, shall be 'under sixteen years of age: Proviso; pension And provided also, That the pensions shall commence at £& "rS* the date of the relinquishments respectively. *«■»*»■«■"• [Approved, March 3, 1819.] CHAPTER CXVIII. An act in addition to the several acts for the establishment and regulation of the treasury, war, and navy, departments. [EXTRACT-] ... . Sec 4. And be it further enacted, That nothing con- Appropnations «/ . , • , a ■ ■ • ■ a for thc smid-of tained in the act of March third, one thousand eight De^ailsferred0 hundred and nine, entitled *«An act further to amend the Dra!m'hofeXperi-sevrl'a^ arts for the establishment and regulation of the ferl'm 'ear ui!- treasury, war, and navy, departments,"^: shall be so der act of mof construed, as to allow any annronriations whatever for March, 1S09. .. . ' _ a , 4. r 1 4. a\ the service ol one year, to be translerred to another bianch of expenditure in a different year, nor shall any tions^rthe,a* appropriations be deemed subject to be transferred, ^Va!apm.a" ""der thc provisions of the abovementioncd act, after &c.«o b. subject rhey shall have been placed in the hands of the trea- tnti-aiisfi-milder " ' . the uct of 3d of surer, as agent of the war or navy departments. At!f 3d March, ^Ec 5* And be it farther enacted, That the abovemen- 1809,amended. ' tioned act of the third of March, one thousand eight hundred and nine, shall be, and the sane is hereby, so Thepresident amended, that th:- president sh .11 be authorized to direct ?ratfrT|,pro. a portion of the moneys appropriated for any one of the Kn,bSLh»foliowi,1S branches of expenditure in the irilitary de- af expenditure partment, viz: For the subsistence of the army, for fo- *See chapter 96. f See chapter 108. JSee note to chapter 105, 255 rag*e. for the medical and hospital department, for the in the war d«- qna'torniaster's department; to be applied to any otherp tmL"t' of the ahovementioncd branches of expenditure in the same department: And that tire president shall be also The president fcriher authorized to direct a portion of the moneys, ap-^"fe^ppw- prtipriated for any of the fbllovving branches of expendi-P?at^sc^c^" tuie in the naval department, viz: For provisions, for expenditure in medicine and hospital stores, for repairs of vessels, for partment. clothing; to be .applied to any other of the abovemen- tioned branches of expenditure in the same department; a-td that no transfers of appropriation, from or to other branches of expenditure, shall be hereafter made. Sec 6. And be it farther enacted. That no contract Nowntra^to shall hereafter be made by the secretary of state, or of secretaries of dc /■ ^i 1 i <■ ... partments ex- the treasury, or ol the department ol war, or of the navy, cePt under au- except under a law authorizing the same, or under an K^qElS appropriation adequate to its fulfilment; and excepting^T^pHm,. also, contracts for the subsistence and clothing of the™«»«iw*. army or navy, and contracts by the quartermaster's and quartermas. department, which may be made by the secretaries ofters epart those departments. ..Noiandtobe. Sec 7. And be it farther enacted, That no land shall purchased for be purchased on account ofthe United States, except \^der authority under a law authorizing such purchase. •' tow' [Approved, May 1, 1820.] An act further to regulate the medical department of the army.* CHAPTER CXIX. Sec 1. Beit enacted by the Senate and House of Re-«**»«***, presentatives ofthe United Slates of America in Congress ffigg™** assembled, That the apothecary-general and assistant security, &c apothecaries-general shall severally give bonds to the United States, with good and sufficient security, for the faithful performance of their duties, in such sums as shall be required by the surgeon general of the army, under the direction of the war department. [Ajiproved, May 8, 1820.] CHAPTER CXX. An act to limit the term of office of certain officers therein named, and for other purposes. Sec! 1. Beit enacted by the Senate and House of ««-S^,^* presentatives ofthe United'States of Amenca in Congress of customs, na*i •The offices of apothecary, and assistant-apothecary-general, are super- seded by act of 2d March, 1S21—See chapter lit. 236 offlcen, wwy- assembled, That, from and after the passing of this act, M»yf»™MB?^-. a*- district attorneys, collectors of the customs, naval tews of public officers and surveyors of the customs, navy agents, re- mom-ys, reeis- . r i_i- n , . • . * V a.\ l i tersofiandof- ceivers of public moneys tor lands, registers ot the land tera'aPpothTcary. offices, paymasters in the army, the apothecary-general, ^•aT.,andc^n the assistant apothecaries-general, and the commissary- ^Spur-hareTalto:?enera' °f purchases, to be appointed under the laws of ^appointed'for the United States, shall be appointed for the term of able at pleasure, four years, but shall be removable from office at plea- sure. Commissions of Sec. 2. And be it farther enacted, That the commis- «fflce,to cease, sion of each and every of the officers named in the first section of this act, now in office, unless vacated by re- moval from office, or otherwise, shall cease and expire in the manner following: All such commissions, bearing sothnstrtbe8°? t'ate on or before the thirtieth day of September, one «theirPdate< en.thousand eight hundred and fourteen, shall cease and suing 3o«. scp«. eXpjre on fi,e f]ay anl,able,&c'wbo may be committed to prison, there to remain until . discharged by due course of law. Notwithstanding the Warrant remain- " •' -n l ing umatisfud commitment ot such officer, or it he abscond, or it goons agan^'ddm'^ and chattels cannot be found sufficient to satisfy the said shlii"n.ayc JhT warrant, the marshal or his deputy may and shall pro- ved agai™ the t.ee.,] to levy and collect the sum which remains due by hx. ** s' such delinquent officer, by the distress and sale of the goods and chattels ofthe surety or sureties of such offi- Ten days'notice rer having giv en ten days' previous notice of such in- ofsale, at two or . ■ , , pa, ■ i a- a p a, l- l more public tended sale, by affixing an advertisement ot the articles places, he. ^() ^p so\{\t at two or more public places in the town or county where the said goods or chattels were taken, or in the town or county where the owner of such goods or Amount due hy chattels resides. And the amount due by any such offi- ferriien'uiw'n cer as aforesaid shall be, and the same is hereby de- lands &c.of dated to be, a lien upon the lands, tenements, and he- himstltand sure- ' I i , . n tie,, from ihe riditaments, of such officer and his sureties, from the ^eo evy, ^^ ^ ^ ^^ .^ pursuance ()f i\l0 warrant of distress issued against him or them, and a record thereof made in the office of the clerk of the district court of the pro- per district, until the same shall be discharged accord- Forwamoi ing to law. And for want of goods and chattels of such ^fn^be18^;officer, or his surety or sureties, sufficient to satisfy any warrant of distress issued pursuant to the provisions of this act, the lands, tenements, and heriditaments. of such officer, and his surety or sureties, or so much thereof as may be necessary for that purpose, after being advertised ticelrf wi^Df^01'at 'eak;t three weeks in not less than three public places j^&'r" in the county or district where such real estate is situate, places.1"1 piior to tbe time of sale, may and shall be sold by the marshal of such district or his deputy; and for all lands, tenements, or heriditaments, sold in pursuance of the conveyance of authority aforesaid, the conveyance of the marshals or the marshal to,.,*. i-i* • <• sive a Vi.i.d tide their deputies, executed in due form of law, shall giva iolandjsold,&c x ' ° 230 a valid title against all persons claiming under such de- linquent officer, or his surety or sureties. And all mo-Remainder of neys which may remain of the proceeds of such sales, $£*. satisf>ing after satisfying the said warrant of distress, and paying™tnotgndr?. the reasonable costs and charges of the sale, shall be turned to deiin. . ..,. n. j.i quent officers or returned to such delinquent officer or surety, as the case sureties. may be: Provide,!, That thc summary process herein proviso; summa- directed shall not affect any surety of any officer of the 3^££\£ United States who became bound to the United Statesfoiethisact- before the passing of this act; but each and every such ofiicer shall, on or before the thirtieth day of Septem- officers to give ber next, give new and sufficient sureties for the per- ^eV3ouTae^t.by formance ofthe duties required of such officer. a82°- Sec 3. And be it further enacted, That, from and after Afer3othSePt. . . . , , » o ■ j. ■!• rc 1820. officers eni. the thirtieth day of September n^xt, it any officer em- pin of the accounts of such officer, to cause to be stated and certified, the account of such delinquent officer, to the agent of the treasury, who is hereby au- thorized and required immediately to proceed against such delinquent offircr, in the manner directed in the preceding section, all the provisions of which are hereby declared to be applicable to every officer of the govern- ment charged with the disbursement of the public money, and to their sureties, in thc same manner, and to the game extent, as if they had been described and enume- rated in the said section: Provided, nevertheless, Thatrroviso^the the said agent of the treasury, with the approbation of pSion f f»»re United States, within thirty clays before the commence- term- mm.ke ment of the several terms of the said courts, to make J^!'"'*of'pro- returns, to the said agent, of the proceedings whichJ^-^"^ have taken place upon all writs of execution or other process which have been placed in bis bands for the collection ofthe money which has been so adjudged and decreed to the United States in the said courts respec- tively. Sec 9. And be itfurther enacted, That nothing in^?,^" this act contained shall be construed to take away or Jm-^01^;^. nair anv right or remedy which the United States now ceding laws, for I -•" < _ 1 1 j 1 th- reiovcrv of have, by law, for the recovery of taxes, debts, or oe-CKb«s, &c' mands. [Approved, May 15, 1820.] CHAPTER CXXII. An act to reduce and fix the military peace establishment of the United States. Sec 1. Be it enacted by the Senate and House of Bf-SXJE!? presentatives of the United States of America in Congress *%***«** assembled, That, from and after the first day of June next, the military peace establishment of the United States shall be composed of four regiments of artillery, 31 242 and seven regiments of infantry, with such officers of engineers, of ordnance, and of the staff, as are herein- after provided for. Sec 2. And be it farther enacted, That each regi- Arf,"cry' ment of artillery shall consist of one colonel, one lieute- nant-colonel, one major, one sergeant major, one quar- termaster-sergeant, and nine companies, one of which Light artillery, shall be designated and equipped as light artillery: and a Su|>en.ume.a.t||at tlipre s.|aj| be atrar|,e(i to each regiment of artillery onhuuiceduty. orie supernumerary captain to perrorm ordnance duty; and that each company shall consist of one captain, two first limtenants, two second lieutenants, four sergeants, four corporals, three artificers, two musicians, and for- infantry. ty-two privates. That each regiment of infantry shall consist of one colonel, one lieutenant-colonel; one major, one sergeant major, one quartermaster-sergeant, two principal musicians, and ten companies; each of which shall consist of one captain, one first lieutenant, one se- cond lieutenant, three sergeants, four corporals, two musicians, and forty-two privates; and that to each re- giment of artillery and infantry there shall be one ad- Adintant to each jutant, who shall be taken from the subalterns of the regiment. line. Fugiiicmi*. Sec. 3. And be it further enacted, That the corps of hLmiiTier..1'1 engineers, (bombardiers excepted,) and the topographi- cal engineers, and their assistants, shall be retained in service as at present organized. ordnaneedepart- Sec 4. And be it further enacted, That the ordnance 'hueartiiier6y.di" department shall he 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, vmiery officers such officers as may be necessary to perform ordnance frti\«dua«r&c.duties, who, while so detached, shall receive^ the pay and emoluments now received T>y ordnance officers, and shall be subject only to the orders of the war depart- Enlisted menofnienr; and that the number of enlisted men in the ord- mentlr.ducXrt*nan(,e department be reduced to fifty-six. one mawr-gene Sec 5. And be it further enacted, That there shall abisaiid'twobri-be one major-general, with two aids-de-camp; two bri- liiu"ch.WI'ha" gadier-generals,»each with one aid de-camp; and that A»d>from «uhai-the aids-de-camp taken from the subalterns of the line, """'and, in addition to their duties, shall perform the duties of assistant adjutant general. one adjutant and Sec 6. And be it farther enacted, That there shall pl^K?1 be OTie adjutant-general, and two inspectors-general, !•$.&««■*£ with the l"ank» l)ay> a,1(J emoluments, of colonels of ca- valry. 2*8 Sec. 7. And be it farther enacted, That there shall A qtwrten»is be one quartermaster-general; that there shall be twotersw,era1' quartermasters, with the rank, pay, and emoluments, of^ws°te'J9u-artel'" majors of cavalry; and ten assistant quartermasters, Ten asri,fant who shall, in addition to their pay in the line, receive ai™1"™.^' ,, ,, ,,, ■ * ,. ,, with additional sum not less than ten dollars, nor more than twenty dol-pay, lars, per month, to be regulated by the secretary of war. Sec 8. And be it further enacted, That there shall bc a commissary. one commissary general of subsistence; and that there ^"Jm^.ofsub' shall be as many assistant commissaries as the service Assiston, COm. may require, not exceeding fifty, who shall be taken missa,;rs "? * t'Xtftilinfi* tiity. from the subalterns of tbe line, and shall, in addi-withauiifuonai tion to their pay in the line, receive a sum not less'my' than ten, nor more than twenty, dollars per mouth; and .... ■ ' Assistant quar- that the assistant quartermasters, and assistant commis- tempters and sarics of subsistence, shall he subject to duties in both.uiJj™"'"duties departments, under the orders of the secretary of war. ,m't«*hdn>art" Sec 9 And be it farther enacted, That there shall be a paymaster-ge- one paymaster general, with the present compensation, teen^ymaswrs. and fourteen paymasters, with the pay and emoluments of regimental paymasters; and that there shall be one Commissary of commisary of purchases, and two military storekeepers, p",1,ases- to be attached to the purchasing department. HL^Z st° Sec 10. Aud be it further enacted, That the medical Asurgeon.gene. department shall consist of one surgeon general, eight r»i. surgeons, with the compensation of regimental sur-Eight surgeons. geons, and forty-five assistant surgeons, with the com-F"»>-five a^is- " . p . tain surgeons. pcnsation ot post surgeons. Sec 11. And be it further enacted, That the officers. Rank, pay, he. • • l IK a' p • • i except where non-commissioned officers, artificers, musicians, and there i^ special privates, retained by this act, except those specially pro p0tnng;„es. vided for, shall have the same rank, pay, and eimdu isli"s,aws- ments, as are provided, in like cases, by existing laws; and that tlie force authorized and continued in ser\ ire The force comi. under this act, shall be subject to the rules and articles the rid","and a°. p tides of war. ot war. Sec 12. And be it further enacted, That the presi The president to . •' . ,.. cause the force dent of the united btates cause to be arranged the ofh retained to be • , ii« >•<• • • formed and com- cers, non-commissioned officers, artificers, musicians, pined out ;.f the and privates, of the several corps now in the service of"££,"ow,,,sw'" the United States, in such manner as to form and com- plete, out. of the same, ihe force authorized bv this act, * - » „. ... Supernumerary and cause the supernumerary otln crs, non-commissioned.,«!..,.,.«, &c. «, officers, artificers, musicians, and privates, to be dis -b"" tiistharEt^- charged from the service ofthe United States. Sec 13. And be it farther enacted, That there shall Three momi„ be allowed a»id paid to each commissioned officer who^aey kli --oiial in commission- 244 ed officers di.- shall be discharged from the service of the United ^nc^'of'thi.' "S'ates in pursuance of this act, three months' pay, in ad- act, dition to the pay and emoluments to which he may be entitled by law at the time of his discharge. Generalreguia- Sec 14.* And be it further enacted, That the system anTadopfedVor <>f "General Regulations for the Army," compiled by tht'mih?t>i;awh™maJ0,'v"enPral s™tt, s,,a'1 00» an(1 t,,e same >s hereby, in the service of approved and adopted for the government of the army ' mei" of the United States, and of the militia when in thc ser- vice of the United States. [Approved, March 2, 1821.] CHAPTER CXXIII. An act to repeal the fourteenth section of "An act to reduce and fix the military peace establishment," passed the second day of March, one thousand eight hundred and twenty-one. Sec l. Be it enacted by the Senate and House of Re- The nth sectio presentatives of the United States of America in Congress Sucearrffi'rthe assembled, That the fourteenth section of the act, enti- ™abSmTnt,,! tied "An act to reduce and fix the military peace estab- &c repealed, lishment," passed thesecond day of March, one thou- sand eight hundred and twenty-one, be, and the same is hereby, repealed. [Approved, May 7, 1822.] CHAPTER CXXIV. An act to continue the present mode of supplying the army of the United States. Sec 1. Be it enacted by the Senate and House of Re- The 7th. sth, presentatives of the United States of America in Congress '■^.V^t'of assembled, That the seventh, eighth, ninth, and tenth i4th'April, is w, sections ofthe act, entitled "An act regulating the staff w fo" n"e of the army,"f passed April fourteenth, eighteen hun- endnfathtnexhtedrcd and eighteen, be, and the same are hereby, conti- Ksswn of con- mied ij, force for the term of five years, and until the end of the next session of congress thereafter. [Approved, January 23, 1823.] gress, CHAPTER CXXV. An act concerning the disbursement of public money. Sec l. Be it enacted by the Senate and Housejof Re- P^enZLyrtopresentatives of the United States of America in Congress be made. "This section is repealed by the next succeeding chapter. \See chapter 109. 245 assembled, That, from and after the passing of this act, no advance of public money shall be made in any case whatever; but in all cases of contracts for the per- formance of any service, or the delivery of articles of any description, for the use of the United States, pay- ment shall not exceed thc value of the service ren- dered, or of the articles delivered previously to such payment: Provided, That it shall be lawful, under the Proviso. special direction of the president of the United States, to make such advances to the disbursing officers of the government, as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfilment ofthe public engagements: And provided, also, Proviso, That the president of the United States may direct such advances, as he may deem necessary and proper, to such persons in the military and naval service as may be employed on distant stations, where the discbarge of the pay and emoluments to which they may be entitled, cannot be regularly effected. Sec 2. And be it further enacted, That every officer officers or agents or agent of the United States, who shall receive public^ahceco^nts^'. money which he is not authorized to retain, as salary, ie'-ye»r,y- pay, or emolument, shall render his accounts quarter- yearly to the proper accounting officers of the treasury, with the vouchers necessary to the correct and prompt settlement thereof, within three months, at least, after the expiration of each successive quarter, if resident within the United States; and within six months if re- sident in a foreign country: Provided, That nothingProv,;so< herein contained shall be construed to restrain tbe se- cretaries of any ofthe departments from requiring such returns from any officer or agent, subject to the con- trol of such secretaries, as the public interest may re- quire. Sec 3. And be it further enacted, That every officer officers or agents or agent of the United States, who shall offend against the"prel^g"8 the provisions of the preceding sections, shall, by the pe™'np\V°re-e officer charged with the direction of the department to {"^^^ which such offending officer is responsible, be promptly ,n",li'isrjlitv™n reported to the president of the United States, and dis- vice.1"1 missed from the public service: Provided, That in all Proviso. cases, where any officer, in default as aforesaid, shall account to the satisfaction of the president for such de- fault, he may be continued in office, any thing in the foregoing provision to the contrary notwithstanding. Sec 4. And be itfurther enacted, That no security no security given to, or obligation entered into with, the govern- f^0eutettt 246 intowith.thego-ment, shall be in any wise impaired, by the dismissing to"a.>3t'by0&c- for their gallantry and good conduct, in defeating the enemy at Eric on the fifteenth of August; repelling, with great slaughter, the attack of a British veteran army, superior in number; and that the president qf the United States be requested to cause a gold medal to be a gold medai to struck, emblematical of this triumph, and presented to0*20* 0axDa- major-general Gaines. •The resolutions which constitute this and the two succeeding chapters, though they do not come within the original design of the work, are ne- vertheless deemed highly worthy of a place in conclusion, and are, there- fore, inserted here. 248 The thanks of Resolved. That the thanks of congress be, and they *ongr.s, to on.are hereby, presented to major-general Macomb, and, ■^"Vand^tothrough him, to the officers and men of the regular the militia, &c. aPmy'um]ei. |ns command, and to the militia and volun- teers of New York and Vermont, for their gallantry and good conduct in defeating the enemy at Plattsburg, on the eleventh of September; repelling, with one thou- sand five hundred men, aided by a body of miliria and volunteers from New York and Vermont, a British ve- teran army, greatly superior in number; and that the president of the United States be requested to cause a a gold medai to&0'(' mpdal to be struck, emblematical of this triumph, Gen.Macomb, and presented to major-general Macomb. [Approved, November 3, 1814.] CHAPTER CXXIX. Resolutions expressive of the thanks of congress to major general Jack- son, and the troops under his command, for their gallantry and good conduct in the defence of New Orleans. The thanks of Resolved, by the Senate and House of Representatives of congress to Gen. the United States of America in Congress assembled, SerT,'m!fwa7'That the thanks of congress be, and they are hereby, and volunteers, gjven fa major-general Jackson, and, through him, to the officers and soldiers of the regular army, of the mi- litia, and of the volunteers, under bis command, the greater proportion of which troops consisted of militia and volunteers, suddenly collected together, for their uniform gallantry and good conduct, conspicuously dis- played against the enemy, from the time of his landing before New Orleans, until his final expulsion there- from; and particularly for their valor, skill, and good conduct, on the eighth of January last, in repulsing, with great slaughter, a numerous British army, of chosen ve- teran troops, when attempting, by a bold and daring at- tack, to carry by storm the works hastily thrown up for the protection of New Orleans; and thereby obtain- ing a most signal victory over the enemy, with a dispa- rity of loss, on his part, unexampled in military annals. agoid medai w Resolved, That the president of the United States be Gen. Jackson, requested to cause to be struck, a gold medal, with de- vices emblematical of this splendid achievement, and presented to major-general Jackson, as a testimony of the high sense entertained by congress of his judicious and distinguished conduct on that memorable occasion. 249 Resolved, That the president of the United States be The president requested to cause the foregoing resolutions to be com- ZV*"\\t !>%- municated to major-general Jackson, in such terms as ^nin?obe0'ora. he may deem best calculated to give effect to the objects municated to thereof. [Approved, February 27, 1815.] f^;Jatkson' CHAPTER CXXX. Resolution directing medals 4to be struck, and, together with the thanks of congress, presented to major general Harrison and governor Shel- by, and for other purposes. Resolved by the Senate and House of Representatives Thanks of com ef the United States of America in Congress assembled. H^rriso^Tgl That the thanks of congress be, and they are hereby, ^X-IStry presented to major-general William Henry Harrison, »ndV,?dV"ndu.ct in afftatinsr tho and Isaac Shelby, late governor of Kentucky, and, Britwi and in- through them, to the officers and men under their com- Thame" ht maud, for their gallantry and good conduct in defeating the combined British and Indian forces under ma- jor-general Proctor, on the Thames, in Upper Canada, on the fifth day of October, one thousand eight hundred and thirteen, capturing the British army, with their baggage, camp equipage, a".d artillery; arid that the pre- sident of the United States be requested to cause two gold medals to be struck, emblematical of this triumph,^ medilIst0 and presented to general Harrison, and Isaac Shelby, late governor of Kentucky. [Approved, April 4, 1818.] 32 251 &y CONTAIHING Select %atos relating ta tfje jEtilitla of tfje linitco &tati>. CHAPTER I. An act more effectually to provide for the national defence, by establish- ing an uniform militia throughout the United States.* Sec 1. Be it enacted by the Senate and House of fie-Every able bo- presentatives of the United States of America in Congress ^JH%?hic assembled, That each and every free able bodied white ?mdef^'5a"^ male citizen of the respective states, resident therein, to be enrolled,' who is or shall be of the age of eighteen years, and ■ under the age of forty-five years, (except as is herein- after excepted,) shall, severally and respectively, be en- rolled in the militia by the captain or commanding offi- cer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall, at all times hereafter, Dmy of paptain: be the duty of every such captain or commanding officerwiA wipm » of a company, to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or, being of the age of eighteen years and under the age of forty-five years, (except as before excepted,) shall come to reside within his bounds; and shall, without delay, notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved. That everv citizen so enrolled and notified, shall, within six citizensem-oiied, months thereafter, provide himself with a good musket, X'**™; or firelock, a sufficient bayonet and belt, two spare flints,^~£ and a knapsack, a pouch, with a box therein to contain ™.nu» an*™... not less than twenty-four cartridges, suited to the bote of his musket or firelock, each cartridge to contain a proper quantity of powder and bail: or, with a good rifle, knap- *See additional act of 2d March, 1803, chapter 5, appendix, by which the provisions of this act are modified in some respects. 252 sack, shot pouch, and powder horn, twenty balls, suited to tbe bore of his rifle, and a quarter of a pound of pow- Mih.iamentnapder; and shall appear, so armed, accoutred, and pro- wheneajTed'out'vided, when called out to exercise, or into service; ex- r°ceptr&£&c' cePt» that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned officers shall, severally, be armed with a sword or hanger, and espontoon; and that, from and after five years from thc passing of this act, all muskets for arming tlie militia, as herein required, shall be of Muskets to carry bores sufficient for balls of the eighteenth part of a th"po?u»d-een,0I)oun('- And every citizen so enrolled, and providing himself with the arms, ammunition, and accoutrements, Arms. ftc. free required as aforesaid, shall hold the same excmnted from from distress, ex- n „ •* i» . .• i <. , ' ecutions, &c all suits, distresses, executions, or sales, for debt, or for the payment of taxes. Enumeration of Sec 2. And be it further enacted, That the vicc-pre- sons.ewhonarePei" sident of the United States; the officers, judicial and ex- ti7d\.t'y"mder,irecutive» of the government of the United States; the this act. members of both houses of congress and their respective officers; all custom-bouse officers, with their clerks; all post officers, and stage drivers, who are employed in the care and conveyance of the mail of the post office of tbe United States; all ferrymen employed at any ferry 011 the post road; all inspectors of exports; all pilots; all mariners, actually employed in the sea service of any citizen or merchant within the United States; and all persons who now are, or may hereafter be, exempted by the laws of the respective states, shall be, and are hereby, exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty five years. ^litu-Tr!: Sec- 5- And be itfurther enacted, That within one Zbr,dbSdes,viyear atter tho passing t.f this act, the militia of the rc- ^l..isthere^8''spe(tlVt' states s,,a" be arranged into divisions, bri- mayr«UrecltT* gades, regiments, battalions, and companies, as the le- gislature of each state shall direct; and each division, brigade, and regiment, shall be numbered at the forma- tion thereof; and a record made of such numbers in the adjutant-general's office in the state; and when in the field, or in service in the state, each division, brigade and regiment shall, respectively, take rank according to their numbers, reckoning thc first or lowest number fe?" !,i?he,;t in rank- T&at, if the same be convenient, each mei,ts,&c. brigade shall consist of four regiments; each regiment of two battalions; each battalion of five companies; each company of sixty-four privates. That the said militia 253 shallbe officered by the respective states, as follows: To be officered To each division, one major-general and two aids-de-^mannerha-e camp, with the rank of major;'to each brigade, one bri- p"****- gadie'r-general, with one brigade-inspector, to serve also as brigade-major, with the rank of a major; to each regiment, one lieutenant-colonel commandant; and to each battalion, one major; to each company, one captain, one lieutenant, one ensign, four sergeants, four corpo- rals, one drummer, and one fifer or bugler. That there shall be a regimental staff, to consist of one adjutant and one quartermaster, to rank as lieutenants; one pay- master; one surgeon, and one surgeon's mate; one ser- geant-major; one drum-major, and one fife-major. Sec 4. And be it further enacted, That out of the mi- one company of litia enrolled, as is herein directed, there shall befS^^ formed, for each battalion, at least one company of gre-1t^;itoeach bat- nadiers, light infantry, or riflemen; and that, to each di- vision, there shall he at least oije company of artillery, a company of and one troop of horse: there shall be to each company ^'^y^^j; of artillery, one captain, two lieutenants, four sergeants, division. four corporals, six gunners, six bombardiers, one drum- mer, and one fifer. The officers to he armed with a a word, or hanger, a fusee, bayonet and belt, with a car- tridge box, to contain twelve cartridges: and each pri- vate, or matross, shall furnish himself with all the equip- ments of a private in the infantry, until proper ord- nance and field artillery is provided. There shall be, to each troop of horse, one captain, two lieutenants, one0mvers of the cornet, four sergeants, four corporals, one saddler, one^K^»s;n,i|,^c< farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses, of at least, four- teen hands and an half high, and to be armed with a sword, and pair of pistols, the holsters of which to he covered with bearskin caps. Each dragoon to furnishDl.agoonS)their himself with a serviceable horse, at least fourteen hands !•«■«, arn»,&c. and an half high, a good saddle, bridle, mail pillion, and valise, holsters, and a breastplate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a car- touch box, to contain twelve cartridges for pistols. That each company of artillery and troop of horse shall company of ar- be formed of volunteers from the brigade, at the discre-J"^'*,,1™* tion of the commander-in-chief of the state, not cx-to^^i™- ceeding one company of each to a regiment, nor more in number than one-eleventh part of the infantry, and shall be uniformly clothed in regimentals, to bc fur- nished at their own expense; the color and fashion to be determined by the brigadier commanding the brigade t« which they belong. 254 Colors to batta- An adjutant-] ncrul in eat state. His dudes. Sec 5. And be itfurther enacted, That each batta- hom and regi- ]ionant| regiment shall be provided with the state and ments, and by * o '• , , whom provided, regimental colors, by the field officers, and each com- pany with a drum, and fife or bugle horn, by the com- missioned officers of the company, in such manner as the legislature of the respective states shall direct. Sec 6. And be it further enacted, That, there shall be an adjutant-general appointed iu each state, whose duty it shall be to distribute all orders from the com- mander-in-chief of the state to the several corps; to at- tend all public reviews, when the commander-in-chief of the state shall review thc mililia, or any part thereof; to obey all orders from him, relative to carrying into exe- cution and perfecting the system of military discipline established by this act; to furnish blank forms of differ- ent returns, that may be required, and to explain the principles on which they should be made; to receive from the several officers of the different corps, through- out the state, returns of the militia under their com- mand, reporting the actual situation of their arms, ac- coutrements, and ammunition, their delinquencies, and every other thing which relates to the general advance- ment of good order and discipline: All which, the seve- ial officers of the divisions, brigades, regiments, and battalions, are hereby required to make, in the usual manner, so that the said adjutant-general may be duly furnished therewith: From all which returns, he shall make proper abstracts, and lay the same annually be- fore the commander-in-chief of the state. Sec 7.* And be it further enacted, That the rules m'uraK^pt18 °* discipline, approved anil established by congress, in &<■• ' their resolution ofthe twenty-ninth of March, one thou- sand seven hundred and seventy-nine, shall be thc rules of discipline to be observed by the militia throughout the United States; except such deviations from the said rules as tray be rendered necessary hy the requisitions of this act, or by some other unavoidable circumstances. idingof-It s''all be the duty of the commanding officer, at every Hides of discip- C'ommai licers tonkin mi- muster, whether bv battalion, regiment, or single com In ia according to - ' o ' ft the mies pre- pany, to cause the militia to be exercised and trainet agreeably to the said rules of discipline. •This section is repealed by act of 12th May, 1820, chapter 10, appen- dix, which adopts, for the militia of the United States, the system of discipline and held exercise observed by the regular army The rules of 1779, here referred to, were contained in the system prepared by the ba- ron Steuben, which was examined and amended by general Washing- ton prior to its adoption by congress. 255 _ Sec 8. And be it farther enacted, That all commis- commissioned of- sioned officers shall take rank according to thc date office," to take .. . . . , i . „ ,. i *al,k according tnerr commissions; and when two of the same grade to date, &c bear an equal date, then their rank to be determined by lot, to be drawn, by them, before the commanding offi- cer of the brigade, regiment, battalion, company, or de- tachment. Sec 9. And be it further enacted, That if any person, Miiuiamen whether officer or soldier, belonging to the militia of ™1u?d.edan?,d's" . ,i , • ° . ., tt •. i abled in public any state, and called out into the service ot the United service, «, be States, be wounded or disabled while in actual service,piovl e or' he shall be taken care of and provided for at the public expense. Sec 10. And be itfurther enacted, That it shall be Duties of brigade the duty of the brigade-inspector to attend the regi.,nsi,ectors» mental and battalion meetings of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition, and ac- coutrements; superintend their exercise-and manoeuvres, and introduce the system of military discipline, before described, throughout the brigade, agreeable to law, and such orders as they shall, from time to time, re- ceive from the commander-in chief of the state; to make returns to the adjutant-general of the state, at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation ofthe arms, accoutrements, and ammunition, of the se- veral corps, and every other thing which, in his judg- ment, may relate to their government and the general advancement of good order and military discipline; and the adjutant-general shall make a return of all the mili- tia of the state, to the commander-in-chief of the said state, and a duplicate of the same to the president of thc United States. And whereas sundry corps of artillery, cavalry, and infantry, now exist in several of the said states, which, by the laws, customs, or usages, thereof, have not been incorporated with, or subject to, the general regulations ofthe militia: Sec 11. And be itfurther enacted, That such corps Existing corps u« retain their accustomed privileges, subject, nevertheless, ^j,"^*^; to all other duties required by this act in like manner g»; ^bJe«> with the other militia. [Approved, May 8, 1792.] 256 CHAPTER 11. An act to regulate the pay of the non-commissioned officers, musician* and privates, of the militia of the United States, when called into ac- tual service, and for other purposes. wonthw rate of Sec 1. Be it enacted by the Senate and House of Re- Pajyj)ofi^,ln^m- presentatives of the United States of America in Congress1 cers. privates, assembled, That, from and after the passing of this act, &c. of the null , ,, ... , ,.,. i a a, tia, when called the allowance of bounty, clothing, and pay, to the non- mtoservice. commissioned officers, musicians, and privates, of the infantry, artillery, and cavalry, of the militia of the United States, when called into actual service, shall be at the rate per month, as follows: Each sergeant-major and quartermaster-sergeant, nine dollars; each drum and fife-major, eight dollar's and thirty-three cents; each sergeant, eight dollars; each corporal, drummer, fifer, and trumpeter, seven dollars and thirty-three cents; each farrier, saddler, and artificer, (included as a pri- vate,) eight dollars; each gunner, bombardier, and pri- vate, six dollars and sixty-six cents. anoyances to Sec 2. And be it further enacted, That, in addition £c."of hm-ses? to tlie monthly Pa.v> there shall be allowed to each offi- ce, and in iku cer, non-commissioned officer, musician, and private, of ■>f rations and io- , , n ., p , • , i rage, when, the cavalry, for the use of his horse, arms, and accou- ^c* trements, and for the risk thereof, except of horses kilied in action, forty cents per day; and to each non- commissioned officer, musician, and private, twenty-five cents per day, in lieu of rations and forage, when they shall provide the same. pay to com- Sec 3. And be it farther enacted, That whenever the ^0^"^ militia shall be called into the actual service of the lous.at K,aiez' Uo't°(l States, their pay shall be deemed to commence from the day of their appearing at the places of batta- lion, regimental, or brigade, rendezvous; allowing to each non-commissioned officer, musician, and private a day's pay. ike. soldier, a day's pay and rations for every fifteen miles mlt■5Vfo'"*titfu*" t,om I'i* home to such place of rendezvous, and the pi*ceofrendez. same allowance for travelling home from thc place of Vous, he. ,. , l discharge. Pay in addition, Sec 4. And be it farther enacted, That, in addition iTf'i'"//'called''to the pay heretofore authorized by law, there shall be «;<>.• "to actual allowed and paid to the non-commissioned officers, mu- sicians, and privates, of the militia lately called forth into the actual service of the United States, on an expe- dition to fort Pitt, such sums as shall, with the pay heretofore by law established, be equal to the allow- ances respectively provided in the first and second sec- 257 com, made tions of this act. Provided, nevertheless, That the com- Provide pensations made by any state, to the militia called fonh^;'0^ ,0 ironi such state, shall be deemed to be included in thebei"<;lud president, to use the military force hereby directed command .he'in- to be called forth, the president shall forthwith, by pro- surpentsto dis- ■ .. i , . .. ' * perse&c rlaination, command such insurgents to disperse, and ieiire peaceably to their respective abode, within a li- mited time. Miiitia.us«- Sec 4. And be itfurther enacted, That the militia t"'£xt*$L employed in the service of the United States, shall b« *'i kc?ta ot su,,.iect t0 t,,e same rules and articles of war as thcr •See supplementary act, chapter 6, appendix. 259 troops of the United States: And that no officer, non--Mim;. not to commissioned officer, or private, ofthe militia, shall be f^XVw compelled to serve more than three months after his ar- "y^*,^^, rival at the place of rendezvous, in any one year, nor ™us, &c more than in due rotation with every other able bodied man of the same rank in the battalion to which he be- longs. Sec 5. And be it farther enacted, That every officer, omcer.,privates non-commissioned officer, or private, of the militia, vvho^--^"'sj? shall fail to obey the orders ofthe president of the United *?>•■ h,p.'t<£ States, in any of the cases before recited, shall forfeit a celling," &c.ex" sum not exceeding one year's pay, and n it less than one month's pay, to be determined and adjudged by a court- martial; and such officer shall, moreover, he liable to be officers liable, cashiered by sentence of a court-martial, and be incapa-™^^';^ citated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said court: And such non-commissioned officers and Non.commi<;Si01,. privates shall be liable to be imprisoned, by a like sen "'.officersand •, „, p p i • i , pnvat. s Inble to tence, on failure of the payment ot fines adjudged against be imprisoned on them, for one calendar month, for every five dollars 01 finVs',' &c° pay such fine. Sec 6. And be it fartlier enacted, That courts-martial coum martial, for the trial of militia shall bc composed of militia offi %££$?* cers only. Sec 7. Anetbe it further enacted, That all fines to beFinestobecrnv assessed, as aforesaid, shall be certified by the presiding Ling .mw'of ofiicer of the court-martial before whom the same shall *altoThenmar- bc assessed, to the marshal of tbe district in which the *"£v£t£c*h0« delinquent shall reside, or to one of his deputies, and also to the supervisor of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose. The said marshal, or his deputy, shall forthwith proceed to levy the said fines, with costs, by sale of dMrain- distress and sale ofthe goods and chattels of the deliti- im/to slsa?e u'Ws quent; which costs, and the manner of proceeding,&e* with respect to the sale of tbe. goods distrained, shall be agreeable to the laws of the state in which the same shall be, in other cases of distress. And where any non-commissioned officcr or private shall be adjudged where non-com. , , • l i . i missioned offi. ers to suffer imprisonment, there being no goods or chattel*, a-d privates are to be found whereof to levy the said fines, the marshal fil^S-i^T" of thc district, or his deputy, may commit such dcdih-;"^,;^*6 quent to gaol, duriiig the term for wliich he shall be s<» may commit, &$. adjudged to imprisonment, or until the fine shall be paid, in tbe same manner as other pers >ns condemned to fine and imprisonment at the suit of the United States, may be committed, 2S0 The marshals to Sec. 8. And be it farther enacted, That the marshals pewsor',&c.u" an<1 tJ,en' deputies shall pay all such fines by them le- vied, to the supervisor of the revenue in the district iu which they are collected, within two months after they shall have received the same, deducting therefrom five Five per cent, per centum as a compensation for their trouble; and in thr'rnTr^ar ° case of failure, the same shall be recoverable by action ftiTn^Io hpay OI" debt or information, in any court of the United States, over, may be ()f the district in which such fines shall bc levied, having sued, &c . Lii cognizance thereof, to be sued lor, prosecuted, and re- covered, in the name of the supervisor of the district, with interest and costs. Marshals, in ex- §ec 9. And be it further enacted, That the marshals ecii'n.g in laws 1 1 • of th united of the several districts, and their deputies, shall have edasCsiieiitf5,w&c. ihe same powers, in executing the Jaws of tbe United States, as sheriffs and their deputies, in the several sratt s. have by law in executing the laws of the respec- tive states. The act men. Sec 10. And be it further enacted, That the act, en- 'titled "An act to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions," passed the second day of May, one thousand seven hundred and ninety-two, shall be, and the same is hereby, repealed. [Approved, February 28, 1795.] CHAPTER IV. An act providing arms for the militia throughout the United States.* so.ooo stand of Sec 1. Be it enacted by the Senate and House of Rc- "idVf,, Representatives of the United States of America in Congress \\\[Xh^™a'assemblea'' n,at t,,ere shal1 be provided, at the charge and expense of the government of the United States, thir- ty thousand stand of arms, which shall be deposited, by order ofthe president of the United States, at suitable pl.u es. for the purpose of being sold to the governments of the respective stages, or the militia thereof, under siHi regulations, and at such prices, as the president ot the United States shall prescribe. ^idm^y'be^ Sec* 2'. And be il farther enacted, That the president deiivmit, the d the United States be, and he is hereby, authorized to S^M* a,lse al1 «>»' »»y part of the arms herein directed to be **• provided and deposited for sale, which shall, at any *See act of 23d April, 1808, chapter 56. 261 time, remain unsold, to be delivered to the militia, wben called itit»the service of the United States, pro- per receipts and security being given for tbe return of the same. Sec 3. And be itfurther enacted, That the moneys Amount of sates arising from such sales shall be paid into the treasury the*-ea?ury!&°. of the United Stases, and the amount received shall be annually reported to congress. Sec 4 And be it farther enacted, That, for the pur- Appropriation of pose of carrying this act into effect, the president of the Z purees tf United Stat» s shall be, and he is hereby, authorized to'hisact* draw from the treasury of the United States a sum not exceeding four bundled thousand dollars, to be paid out of any money in the treasury not otherwise appro- priated. [Approved, July 6, 1798.] CHAPTER V. An act in addition to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States."* Sec 1. Be it enacted by thc Senate and House of Re- The adjutant-Be- . ,. Y ,. r. J neral of the mih- presentatives of the United States of America in Congress tia in each state, assembled, That it shall be the duty of the adjutant-ge-t'Cthe prudent neral of the militia, iu each state, to make return of theanuuaUy' &c" militia ofthe state to which he belongs, with their arms, accoutrements, and ammunition, agreeably to the direc- tions of the act to which this is an addition, to the pre- sident of the United States, annually, on or before the first Monday in January, in each year: and it shall be the duty of the secretary of war, from time to time, to ™Jf^,"f cive such directions to the adjutant-generals of the mi-r«,io"s t0 the p ..... . • i i adjuiant-gene- litia, as shall, in his opinion, be necessary to produce rais,&c and iaj an uniformity in the said returns, and he shall lay anZeeon^L^v abstract of the same before congress, on or before thenuallv- first Monday of February, annually. Sec 2. And be itfurther enacted, That, every citi-loffi.dtty,'": zen duly enrolled in the militia, shall be constantly pro-J^,^?^ vided with arms, accoutrements, and ammunition, agree-^ arms. &c ably to the direction of the said act, from and after hefi«i!&c!ngnot" shall be duly notified of his enrolment; and any notice^(|«'»«»"•«**, or warning: to tiie citizens so enrolled, to attend a com-laws of a state, ., .. , , . • • he. deemed a le- pany, battalion, or regimental muster, or training, gai notice «f en- which shall be according to the laws of the state inrQlment' ♦For original act, see chapter 1, appendix. 262 which it is given for that purpose, shall be deemed a legal notice of bis enrolment. Sec 3. And be it further enacted, That, in addition at^'hapjiains^toto the officers provided for by the said act, there shall <** mihua, &c. ^ t0 tjM. m*ijiia of earh state, one quartermaster gene- ral, to each brigade one quartermaster of brigade, and to each regiment one chaplain. [Approved, March 2, 1803.] CHAPTER VI. An act supplementary to an act, entitled "An act to provide for calling forth the militia to execute the laws cf the union, suppress insurrec- tions, and repel invasions, and to repeal the act now in force for those purposes," and -to i.crease the pay of volunteer and militia corps.* Fines imposed by Sec. 1. Be it enacted by the Senate and House of Re- £""nlfiTioi\icPrescntatives of the United Slates of America in Congress •omproiieroi assembled, That, in every casein which a court-martial shall have adjudged and determined a fine against any officer, non-commissioned officer, musician, or private, of the militia, for any of the causes specified in the act to which this act is a supplement, or in the fourth sec-. tion of an act, entitled "An act to authorize a detach- ment from tlie militia of the United States,"f all such fines, so assessed, shall be certified to the comptroller ofthe treasury of the United States, in the same man- ner as the act to which this act is a supplement directed the same to be certified to the supervisor of the revenue. juardiais to pay Sec 2. And be it further enacted, 'i hat the marshals rnomhrlftercoi0-shall pay all fines which have been levied and collected we^sm-y.'dJduct!by them, or their respective deputies, under the autbo- mgfivepercent.iity of the acts herein referred to, into tbe treasuiy of tbe United States, within two months after they shall have received the same, deducting five per centum for their own trouble; and in case of failure, it shall be the duty of the comptroller of the treasury to give notice to the district attorney of the United States, who shall proceed against the said marshal in the district court, by attachment, for the recovery of the same. *For original act, see chapter 3, appendix. j-The act here referred to, is not comprised in this selection, it having been determined, from their special character, to exclude the acts author- izing de.acbments from the militia The section quoted, does not specify any additional cause of Hne, but merely declares tne detachment to which it relates, subject to the penalties of the "Act for calling forth the militia, fcc." which constitutes chapter 3 of this appendix. 263 Sec. 5. And be it further enacted, That the non-com- H««*«miii«e»- missioned officers, musicians, and privates, of volunteer^1 ,,ffl(*"nusi- _,.,... , . « .' „ cians, and pn- ancj militia corps, who, subsequent to the thirty-firstvates.of voiun- day of December, one thousand eight hundred and X»"™™w» twelve, shall have been, or may hereafter be, called out.^^'n? while in the service of the United States shall, duringT'lhose^nhe the continuance of tbe present war between the United armyortheu.s, Kingdom of Great Britain and Ireland, and the depen^"™5'8"' dcncies thereof, and the United States of America, and their territories, be entitled to and receive the same monthly pay, rations, and forage, and furnished with the same camp equipage, as are or may be provided by law for the non-commissioned officers, musicians, and privates, of the army of the United States. [Approved, February 2, 1813.] CHAPTER VII. An act in further addition to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United Slates."* Sec 1. Be it enacted by the Senate and House of Re- presentatives of the United States of America in Congressl^f^°]^. assembled, That, in addition to the officers of the mili-'i,ialPiovid«lfw ..,p,., "i,i n, Dv ,n'' ao,s men- tia provided tor by the act, entitled "An act more effec-tion«i, there is tually to provide for the national defence, by establishing impeciL"^™ an uniform militia throughout the United States," ap" °Peec[fi0t'di)e^:a, proved May the eighth, one thousand seven hundred and ninety two, and by an act in addition to the said recited act, approved March the second, one thousand eight hundred and three,f there shall be, to each division, one division inspector, with thc rank of lieutenant-colonel, and one division quartermaster, with the rank of major; to each brigade, one aid de-camp, with the rank of captain; and the quartermasters of brigade, heretofore provided for by lav, sliall have the rank of captain. And it shall be incumbent on the said officers to do and perform all the duties which, by law and military prin- ciples, are attached to their offices, respectively. [Approved, April 18, 1814.] CHAPTER VIII. An act concerning field officers of the militia. Sec. 1. Be it enacted by the Senate and House of Re- presentatives of the United States of America in Congress lieutenant coio-c *' nel, and one ma- *For original act, sec chapter 1, appendix. fSee chapter 5, appendix. 264 ^to^ebr^i- assembled, That, from and after the first day of May ^."^0next, instead of one lieutenant-colonel commandant to Stc-'aVier each regiment, and one major to each battalion, of the the^i'stof May, mjljtia, as is provided by tbe act, entitled "An act more effectually to provide for the national defence, by estab- lishing an uniform militia throughout the United States," approved May tbe eighth, one thousand seven hundred and ninety two.* there shall be one colonel, one lieutenant-colonel, and one major, to each regiment if only one bat. of the militia consisting of two battalions. Where tocomma'Sr" there shall be only one battalion, it shall be commanded Proviso; nothing by a major: Provided, That nothing contained herein anyelnom0m"slior! shall be 'construed to annul any commission in the mili- inforce.&c* tia w),jci, mav ije jn force, as granted by authority of any state or territory, in pursuance ofthe act herein re- cited, and bearing date prior to the said first day of May next. [Approved, April 20, 1816.] CHAPTER IX. redPbySmanCi"ng An act to defray the expenses of the militia when marching to places of militia to pla« s rendezvous. of rendezvous, S'XEn Sec 1. Beit enacted by the Senate and House of Re- au.Chori.i^ ap!e presentatives of the United States of America in Congress proved by him, asSembled, That the expenses incurred, or to be in- to lie adjusted "«""- » i .... and paid in the curred, by marching the militia ol any state or territory e^enTi'Jfcur! of the United States to their places of rendezvous, in mlafteiariivaI'pursuance of a requisition ofthe president ofthe United States, or which shall have been, or may be, incurred in cases of calls made by the authority of any state or territory, which shall have been, or may be, approved Proviso;™ spe- ov |,jm sj,au ije adjusted and paid in like manner as the cies of expendi- J ' * ,,. i • • 1 11 C mre anthorizid expenses incurred alter their arrival at such places or Jrv1ii,,0nnt>provtdl rendezvcms, on tbe requisition of the president of the a(!t»,"arerivatlfo1'United States: Provided, That nothing herein contained shall be considered as authorizing any species of expen- diture, previous to arriving at tbe place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous. [Approved, April 20, 1818.] See chaptea 1, appendix. 265 CHAPTER X. An act to establish an uniform mode of discipline and field exercise for the militia of the United States. Sec. 1. Be it enacted by the Senate and House of Re- The system ef presentatives of the United States of America in Congress discipline and if i r»M , « i- • i- i p i field <-\miae on- assembled, I hat the system of discipline and held exer- servedb> th. re- cise, which is and shall be ordered to be observed by oWi-vedby die6 the regular army of the United Slates, in the differentmili,,a- corps of infantry, artillery, and riflemen, shall also be observed by the militia, in the exercise and discipline of the said corps, respectively, throughout the United States. Sec 2. And be it farther enacted, That so much of &, mucn of ,he the act of congress, approved the eighth of May, one»«of sthMay, n l r, . . "~ J 1792. as reBe*led- litia throughout the United States, be, and the same is hereby, repealed. [Approved, May 12, 1820.] 34 267 iWI»^li3iffi®iTO IN CONGRESS—June 30,1775. Whereas his majesty's most faithful subjects in these co- lonies are reduced to a dangerous and critical situation, by the attempts of the British ministry, to carry into execution, by force of arms, several unconstitutional and oppressive acts of the British parliament for laying taxes in America, to enforce the collection of those taxes, and for altering and changing the constitution and internal police of some of these colonies, in violation of the natural and civi' rights of the colonies. And whereas hostilities have been actually commenced in Massachusetts bay, by the British troops, under the com- mand of general Gage, and the lives of a number of the in- habitants of that colony destroyed; the town of Boston not only having been long occupied as a garrisoned town ip an enemy's country, but the inhabitants thereof treated with a severity and cruelty not to be justified even towards de- clared enemies. And whereas large reinforcements have been ordered, and are soon expected, for the declared purpose of compelling these colonies to submit to the operation of the said acts, which hath rendered it necessary, and an indispensable duty, for the express purpose of securing and defending these co- lonies, and preserving them in safety against all attempts to carry the said acts into execution, that an armed force be raised sufficient to defeat such hostile designs, and preserve and defend the lives, liberties and immunities of the colo- nists: for the due regulating and well ordering of which; Resolved, That the following rules and orders be attended to, and observed by such forces as are or may hereafter be raised for the purposes aforesaid: Article I. That every officer who shall be retained, and every soldier who shall serve in the continental army, shall, at the time of his acceptance of his commission or enlist- *The insertion of the matter comprised in this supplement, is rather a departure from the original design; which was, to embrace such only, of the resolutions of the old congress, as are referred to and recognized by the laws passed under the constitution. It was thought, however, that as these show the origin of our present rules and ar.icles of war, and mark an important event in our history, they might be acceptable, if not useful, to the inquiring reader. 268 ment, subscribe these rules and regulations. And that tbe officers and soldiers, already of that army, shall also, as soon as may be, subscribe the same; from the time, of which sub- scription every officer and soldier, shallbe bound by those regulations. But if any of the officers or soldiers, now of the said army, do not subscribe these rules and regulations, then they may be retained in the said army, subject to the rules and regulations under which they entered into the ser- vice, or be discharged from the service, at the option of the commander in-chief. II. It is earnestly recommended to all officers and sol- diers, diligently to attend divine service; and all officers and soldiers who shall behave indecently or irreverently at any place of divine worship, shall, if commissioned officers, be brought before a court-martial, there to be publicly and se- verely reprimanded by the president; if non-commissioned officers or soldiers, every person so offending, shall, for his first offence, forfeit one sixth of a dollar, to be deducted out of his next pay; for the second offence, he shall not only for- feit a like sum, but be confined for twenty four hours, and for every like offence, shall suffer and pay in like manner; which money so forfeited, shall be applied to the use of the sick soldiers of the troop or company to which the offender belongs. 111. Whatsoever non-commissioned officer or soldier shall use any profane oath or execration, shall incur the penalties expressed *', the foregoing article; and if a commissioned of- ficer be thus guilty of profane cursing or swearing, he shall forfeit and pay fur each and every such offence, the sum of four shillings, lawful money. IV. Any officer or soldier, who shall behave himself with contempt or disrespect towards the general or generals, or commanders-in-chief of the continental forces, or shall speak false words, tending to his or their hurt or dishonor shall be punished acceding to the nature of his offence, by the judgment of a general court martial. V. Any officer or soldier, who shall begin, excite, cause, or join in any mutiny or sedition, in the regiment, troop, or company to which he belongs, or in any other re°iment troop or company of the continental forces, either by land or sea, or in any part, post, detachment, or guard, on any preteHce whatsoever, shall suffer such punishment, as by a general court-martial shall be ordered. VI. Any officer, non-commissioned officer, or soldier, who being present at any mutiny or sedition, does not use his utmost endeavors to suppress the same, or coming to the knowledge of any mutiny, or intended mutiny, does not without delay, give information thereof to the commanding officer, sha I be punished by order of a general court-mar- tial, according to the nature of his offence. Vii. Any officer or soldier, who shall strike his superior 269 •fticer, or draw, or offer to draw, or shall lift up any weapon, or offer any violence against him, being in the execution of his office, on any pretence whatsoever, or shall disobey any lawful conim,-nds of bis superior officer, shall suffer such punishment as shall, according to the nature of his offence, be ordered bythe sentence of a general court-martial. VMI. Any non-commissioned officer, or soldier, who shall desert, or without leave of his commanding officer, absent himself from the troop or company to which he belongs, or from any detachment of the same, shall, upon being con- victed thereof, be punished according to the nature of his offence, at the discretion of a general court martial. IX. Whatsoever officer, or soldier, shall be convicted of having advised or persuaded any other officer or soldier, to desert, shall suffer such punishment, as shall be ordered by the sentence of a general court-martial. X. AH officers, of what condition soever, shall have power to part and quel! all quarrels, frays, and disorders, though the persons concerned, should belong to another regiment, troop, or company; and either order officers to be arrested, or non-commissioned officers, or soldiers, to be confined and imprisoned, till their proper superior shall be acquainted therewith: and whoever shall refuse to obey such officer, (though of an inferior rank,) or shall draw his sword upou him, shall be punished at the discretion of a general court- martial. XI. No officer or soldier shall use any reproachful or pro- voking speeches or gestures to another, nor shall presume to send a challenge to any person to fight a duel; And whoever shall, knowingly and willingly, suffer any person whatsoever to go forth to fight a duel, or shall second, promote, or carry any challenge, shall be deemed as a principal; and whatso- ever officer or soldier shall upbraid another for refusing a challenge, shall also be considered as a challenger; and all such offenders, in any of these or such like cases, shall be punished at the discretion of a general court-martial. XII. Every officer, commanding in quarters or on a march, shall keep good order, and, to the utmost of his power, redress all such abuses or disorders which may be committed by any officer or soldier under his command: If upon any complaint being made to him, of officers or soldiers beating, or otherwise ill-treating any person, or of commit- ting any kind of riot, to the disquieting of the inhabitants of this continent; he the said commander, who shall refuse or omit to see justice done on the offender or offenders, and re- paration made tothe party or parties injured, asfarasthe offender's wages shall enable him or them, shall, upon due proof thereof, be punished as ordered by a general court- martial, in such manner as if he himself had committed the crimes or disorders complained of. XIII. If any officer should think himself to be wronged by 270 his colonel or the commanding officer of the regiment, and shall, upon due application made to him. be refused to be re- dressed, he may complain to the general or commander-in- chief of the continental forces, in order to obtain justice, who is hereby required to examine into said complaint, and see that justice be done. XIV. If any inferior officer or soldier, shall think himself wronged by his captain or other officer commanding the troop or company to which he belongs, he is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental court-martial, for the doing justice to the complainant; from which regimental court-martial, either party may, if he thinks himself still ag- grieved, appeal to a general court-martial; but if, upon a se- cond hearing, the appeal shall appear to be vexatious and groundless, the person so appealing, shall be punished at the discretion ofthe general court-martial. XV. Whatsoever non-commissioned officer or soldier, shall be convicted, at a regimental court martial, of having sold, or designedly, or through neglect, wasted the ammuni- tion, arms, or provisions, or other military stores, delivered out to him, to be employed in the service of this continent, shall, if an officer, be reduced to a private sentinel; and if a private soldier, shall suffer such punishment as shall be or- dered by a regimental court-martial. XVI. All non-commissiontd officers and soldiers, who shall be found one mile from the camp, without leave in writing from their commanding officer, shall suffer such punishment as shall be inflicted on him or them by the sen- tence of a regimental court-martial. XVII. No officer or soldier shall lie out of his quarters or camp, without leave from the commanding officer of the regi- ment, upon penalty of being punished according to the nature of his offence, by order of a regimental court- martial. XVIII. Every non-commissioned officer and soldier shall retire to his quarters, or tent, at the beating of the retreat; in default of which, he shall be punished according to the nature of his offence, by order ofthe commanding officer. XIX. No officer, non-commissioned officer or soldier, shall fail of repairing, at the time fixed, to the place of pa- rade or exercise, or other rendezvous appointed by the com- manding officer, if not prevented by sickness or some other evident necessity; or shall go from the said place of rendez- vous, or from his guard, without leave from his commanding officer, before he shall be regularly dismissed or relieved, on penalty of being punished according to the nature of his of- fence, by the sentence of a regimental court martial. XX. Whatsoever commissioned officer shall be found drunk on his guard, party, or duty, under arms, shall be cashiered for it; any non-commissioried officer or soldier se 27i offending, shall suffer such punishment as shall be ordered by the sentence of a regimental court-martial. XXI. Whatsoever sentinel shall be found sleeping upon his post, or shall leave it before he shall be regularly re- lieved, shall suffer such punishment as shall be ordered by the sentence of a general court-martial. XXII. Any person belonging to the continental army, who, by discharging of fire arms, beating of drums, or by any other means whatsoever, shall occasion false alarms, in camp or quarters, shall suffer such punishment as shall be ordered by the sentence of a general court-martial. XXIII. Any officer or soldier, who shall, without urgent necessity, or without leave of his superior officer, quit his platoon or division, shall be punished according to the na- ture of his offence, by the sentence of a regimental court- martial. XXIV. No officer or soldier shall do violence, or offer any insult, or abuse, to any person who shall bring provisions, or other necessaries, to the camp or quarters ofthe continental army; any officer or soldier so offending, shall, upon com- plaint being made to the commanding officer, suffer such punishment as shall be ordered by a regimental court-mar- tial. XXV. Whatsoever officer or soldier shall shamefully aban- don any post committed to his charge, or shall speak words inducing others to do the like, in time of an engagement, shall suffer death immediately. XXVI. Any person belonging to the continental army, who shall make known the watch-word to any person who is not entitled to receive it, according to the rules and discip- line of war, or shall presume to give a parole, or watch-word, different from what he received, shall suffer death, or such other punishment as shall be ordered by the sentence of a ge- neral court-martial. XXVII. Whosoever belonging to the continental army, shall relieve the enemy with money, victuals, or ammunition, or shall knowingly harbor or protect an enemy, shall suffer such punishment as by a general court-martial shall be or- dered. XXVIII. Whosoever belonging to the continental army, shall be convicted of holding correspondence with, or of giving intelligence to, the enemy, either directly or indi- rectly, shall suffer such punishment as by a general court- martial shall be ordered. XXIX. All public stores taken in the enemy's camp or ma- gazines, whether of artillery, ammunition, clothing, or pro- visions, shall be secured for the use of the United Colonies. XXX. If any officer or soldier shall leave his post or co- lors, in time of an engagement, to go in search of plunder, he shall, upon being convicted thereof before a general court- 272 martial, suffer such punishment as by the said court-martial shall bc ordered. XXXI. If any commander of any post, intrenchment, or fortress, shall be compelled, by the officers or soldiers under his command, to give it up to the enemy, or to abandon it, the commissioned officer, non-commisssioned officers, or sol- diers, who shall be convicted of having so offended, shall suf- fer death, orsu-ch other punishment as may be inflicted upon them by the sentence of a general court-martial. XXXII. All sutlers and retailers to a camp, and all per- sons whatsoever, serving with the continental army in the field, though not enlisted soldiers, are to be subject to the articles, rules, and regulations of thc continental army. XXXIII. No general court-martial shall consist of a less number than thirteen, none of which shall be under the de- gree of a commissioned officer; and the president shall be a field officer: And the president of each and every court- martial, whether general or regimental, shall have power to administer an oath to every witness, in order to the trial of offenders. Ai.d the members of all courts-martial shall be duly sworn by the president; and the next in rank on the court martial, shall administer the oath to the president. XXXIV. The members, both of general and regimental courts-martial, shall, when belonging to different corps, take the sime rank which they hold in the army; but when courts- martial shall be composed of officers of one corps, they shall take their ranks according to their commissions by which they are mustered in the said corps. XXXV. All the members of a court-martial, are to behave with calmness, decency, and impartiality; and in giving of their votes, are to begin with the youngest or lowest in com- mission. XXXVI. No field officer shall be tried by any person under the degree of a captain; nor shall any proceedings or trials be carried on, excepting between the hours of eight in the morning, and three in the afternoon, except in cases which require an immediate example. XXXVII. The commissioned officers of every regiment may, by the appointment of their colonel or commanding of- ficer, hold regimental courts-martial for the inquiring into such disputes or criminal matters as may come before them, and for the inflicting corporeal punishment, for small of- fences, and shall give judgment by the majority of voices; but no sentence shall be executed till the commanding offi- cer (not being a member ofthe court-martial) shall have con- firmed the same. XXXVIII. No regimental court-martial shall consist o£ less than five officers, excepting the cases where that num- ber cannot be conveniently assembled, when t»iree may be sufficient; who are likewise to determine upon the sentence by the majority of voices; which sentence is to be confirmed 273 by the commanding officer, not being a member of the court- martial. XXXIX. Every officer commanding in any fort, castle, or barrack, or elsewhere, where the corps under his command consists of detachments from different regimenfs or of inde- pendent companies, may assemble courts-martial for the trial of offenders in the same manner as if they were regimen- tal, whose sentence is not to be executed till it shall be confirmed by the said commanding officer. XL. No person whatsoever shall use menacing words, signs, or gestures in the presence of a court-martial then sitting, or shall cause any disorder or riot, so as to disturb their proceeding, on the penalty of being punished at the discretion ofthe said court-martial. , XLl. To the end that offenders may be brought to justice; whenever any officer or soldier shall commit a crime de- serving punishment, he shall, by his commanding officer, if an officer, be put in arrest; if a non-comm.ssioned officer or soldier.be imprisoned till he shall be either tried by a court- martial, or shall be lawfully discharged hy proper authority. XLII. No officer or soldier who shall be put in arrest, or imprisonment, shall continue in his confinement more than ei°"ht days, or till such time as a court-martial can be conve- niently assembled. XLII I. No officer commanding a guard, or provost mar- shal, shall refuse to receive or keep any prisoner committed to his charge, by an officer belonging to the continental forces; which officer shall at the same time deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. XL1V. No officer commanding a guard, or provost-mar- shal, shall presume to release any prisoner committed to his charge, without proper authority for so doin^; nor shall he suffer any prisoner to escape, on the penalty of being pun- ished for it, by the sentence of a general court-martial. XLV. Every officer or provost marshal, to whose charge prisoners shall be committed, is hereby required, within twenty-four hours after such commitment, or as soon as he shall be relieved from his guard, to give in writing to the co- lonel ofthe regiment to whom the prisoner belongs (where the prisoner is confined upon the guard belonging to the said regiment, and that his offence only relates to the neg- lect of duty in his own corps,) or to the commander-in- ehief, their names, their crimes and the names of the officers who committed them, on the penalty of being punished for his disobedience or neglect, at the discretion of a general eourt-martial. XLVI. And if any officer under arrest shall leave his con- finement before he is set at liberty by the officer who con- fined him, or by a superior power, he shall be cashiered for it. 35 274 JtLVTT. Whatsoever commissioned officer shall be cen- tinecl before a general court-martial, of behaving in a scan- dalous, infimious manner, such as is unbei oming the charac- ter of an officer and a gentleman, shall be discharged from the service. XLVIII. All officers, conductors, gunners, matrosses, dnvers, or any other persons whatsoever, receiving pay or hire, in the service of the continental artillery, shall be go- verned by the aforesaid rules and articles, and shall be sub- ject to be tried bv courts-martial, in like manner with the of- ficers and soldiers of the continental troops. XLIX. For differences arising amongst themselves, or in matters relating solely to their own corps, the courts-mar- tial may be composed of their own officers; but where a num- ber sufficient of such officers cannot be assembled, or in matters wherein other corps are interested, the officers of artillery shall sit in courts-martial, with the officers of the other corps. L. All crimes, not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the articles of war, are to be taken cognizance of by a ge- neral or regimental court-martial, according to the nature and degree of the offence, and be punished at their discre- tion. LI. That no persons shall be sentenced by a court-mar- tial to suffer death, except in the cases expressly mentioned in the foregoing articles; nor shall any punishment be in- flicted at the discretion of a court martial, other than de- grading, cashiering, drumming out of the army, whipping not exceeding thirty nine lashes, fine not exceeding two months' pay of the offender, imprisonment not exceeding one month. Lll. The field officers of each and every regiment are to appoint some suitable person belonging to such regiment, to receive all sm h fines as may arise within the same, for any breach of any of the foregoing articles, and shall direct the same to be carefully and properly applied to the relief of such sick, wounded, or necessitous soldiers as belong to such regiment;and such person shall account with such officer for all fines received, and the application thereof. Llll. All members sitting in courts-martial shall be sworn by thepresident of said courts, which president shall himself he sworn by the officer in said court next in rank: The oath to be administered previous to their proceeding to the trial of any offender, in form following, viz: "You A. B. swear that you will well and truly try, and impartially determine the cause of the prisoner now to be tried, according to the rules for regulating the continental army. So help you God." LIV. All persons called to give evidence, in any case, be- 275 fore a court-martial, who shall refuse to give evidence, shall be punished for such refusal at the discretion of such court- martial:—The oath to be administered in the following form, viz: "You swear the evidence you shall give in the case now in hearing, shall be the truth, tlie whole truth, and nothing but the truth. So help you God." LV. Every officer commanding a regiment, troop, or com- pany, shall, upon notice given to him by the commissary of the musters, or from one of his deputies, assemble the regi- ment, troop, or company under his command, in the next convenient place for their being mustered. LVI. Every colonel or other fie'd officer, or officer com- manding any corps, to which there is no field officer, and ac- tually residing with it, may give furloughs to non-commis- sioned officers and soldiers, in such numbers, and for so long a time, as he shall judge to be most consistent with the good of the service; but no non-commissioned officer or soldier shall, by leave of his captain, or inferior officer, commanding the troop or company, (his field officer not being present,) be absent above twenty days in six months, nor shall more than two private men be absent at the same lime from their troop or company, excepting some extraordinary occasion should require it, of which occasion the field officer present with, and commanding the regiment or independent corps, is to be judge. LVI I. At every muster the commanding officer of each regiment, troop, or company, then present, shall give to the commissary of musters certificates signed by himself, signi- fying how long such officers, non-commissioned officers, and soldiers, who shall imt appear at the said muster, have been absent, and the reason of their absence; which reasons, and the time of absence, shall be inserted in the muster-rolls, op- posite to the respective names of such absentees: The said certificates shall, together with the muster-rolls, be by the said commissary transmitted to the general, and to this or any future congress of the United Colonies, or committee appointed thereby, within twenty days next after such mus- ter being taken; on failure whereof, the commissary so of- fending sliall be discharged from the service. LVili. Every officer who shall be convicted before a ge- neral court-martial of having signed a false certificate, re- lating to the abaence of either officers, nou-coniuii^ioned officer, or private soldiei, shall be cashiered, LIX. Every officer, who shall knowingly make a false muster of man or horse, and every officer or commissary who shall willingly sign, direct, or allow the signing of the mus- ter-rolls, wherein such false muster is contained, shall, upon proof made thereof, by two witnesses, before a general court- martial, be cashiered, and moreover forfeit all such pay as 276 may be clue to him at the time of conviction for such offence. LX. Any commissary who shall be convicted of having taken anv gift or gratuity on the mustering any regiment, troop or companv, or on the signing the muster-rolls, shall be displaced fiom his office, and forfeit his pay, as in the preceding aritcle. LXI. Any officer who shall presume to muster any person as a soldier, who is at other times accustomed to wear a li- vely, or who does not actually do his duty as a soldier, shall be deemed guiltv of having made a false muster, and shall suffer accordingly. LXII. Every officer who shall knowingly make a false return to the commander-in-chief of the American forces, or to any his .superior officer, authorized to call for such re- turns, ofthe state ofthe regiment, troop, independent com- pany, or garrison under his command, or of arms, ammuni- tion, clothing, or other stores thereunto belonging, shall,by a court-martial, he cashiered. LXI 11. The commanding officer of every regiment, troop, independent company, or garrison, in the service aforesaid, sliall, in the beginning of every month, remit to the com- mander-in-chief of said forces, an exact return of the state of the regiment, troop, independent company, or garrison under his command, specifying the names of the officers not then residing at their posts, and the reason for, and the time of their absence: whoever sliall be convicted of having, through neglect or design, omitted the sending such returns, shall bc punished according to the nature of his crime, by the judgment of a general court-martial. LXIV. No sutler shall be permitted to sell any kind of liquors or victuals, or to keep their houses or shops open, for the entertainment of soldiers, after nine at night, or before the beating ofthe reveilles, or upon Sundays, during divine service or sermon, on the penalty of being dismissed from all future sutling. LXV. All officers commanding in the camp, or in any forts, barracks or garrisons, are hereby required to see that the persons permitted to suttle shall supply the soldiers with good and wholesome provisions at a reasonable price, as they shall be answerable for their neglect. LXV1. No officers commanding in any camp, garrisons, forts, or barracks, shall either themselves exact exorbitant prices for houses or sialis let out to sutlers, or shall con- nive at the like exactions in others, nor lay any duty or im- positions upon, or be interested in the sale of such victuals, liquot>, or other necessaries of life, which are brought into the camp, garrison, fort or barracks, for tlie use of the sol- diers, on the penalty of being discharged from the service. LXV II. That the general, or commander-in-chief for the time being, shall have full power of pardoning, or mitigating 277 any of the punishments ordered to be inflicted, for any ofthe offences mentioned in the foregoing articles; and every of- fender, convicted as aforesaid, by any regimental court-mar- tial, may be pardoned, or have his punishment mitigated by the colonel or officer commanding the regiment. LXVIH. When any commissioned officer shall happen to die, or be killed in the service of the United Colonies, the major of the regiment, or the officer doing the major's duty in his absence, shall immediately secure all his effects or equipage, then in camp or quarters; and sliall, before the next regimental court martial, make an inventory thereof, and forthwith transmit to the office of the secretary of the congress, or assembly of the province in which the corps is stationed or shall happen to be at the time of the death of such officer; to the end that his executors may, after the pay- ment of his debts in quarters, and interment, receive the overplus, if any be, to his or their use. LXIX. When any non-commissioned officer or private soldier, shall happen to die, or he killed in the service ot the United Colonies, the then commanding officer of the troop or company, shall, in the presence ot two other commis- sioned officers, take an account cd' whatever effects he dies possessed of, and transmit the same, as in the case above pro- vided for, in order that the same may be secured for, and paid to their respective representatives. IN CONGRESS—./Vbt-emfier 7,1775. Resolved, That the following additions and alterations or amendments, be made in the rules and regulations ofthe continental army. I. All persons convicted of holding a treacherous corres- pondence with, or giving intelligence to the enemy, shall suffer death, or such other punishment as a general court- martial shall think proper. II. All commissioned officers found guilty by a general court-martial of any fraud or embezzlement, shall forfeit all his pay, be ipso facto cashiered, and deemed unfit for far- ther service as an ofiicer. 111. Ail non-commissioned officers and soldiers, convicted before a regimental court-martial of stealing, embezzling or destroying ammunition, provision, tools, or any thing be- longing to the public stores, if a non-commissioned officer, to be reduced to the ranks, and punished with whipping, not less than fifteen, nor more than thirty-nine lashes, at the dis- cretion of the court-martial; if a private soldier with the iiune corporeal punishment. IV. In all cases where a commissioned officer is cashiered 278 for cowardice or fraud, it be added in the punishment, that the crime, name, place of abode, and punishment ofthe de- linquent be published in the newspapers, in and about the camp, and of that colony from which the offender came, or usually resides: after which it shall be deemed scandalous in any officer to associate with him. V. Any officer or soldier ,who shall begin, excite, cause, or join in any mutiny or sedition in the regiment, troop, or company to which he belongs, or in any other regiment, troop, or company of the continental forces, either by land or sea, or in anv party, post, detachment or guard, on any pretence whatsoever,shall suffer death, or such other punish- ment, as a general court-martial shall direct. VI. Any officer or soldier, who shall desert to the enemy, and afterwards be taken, shall suffer death, or such other punishment, as a general court-martial shall direct. VII. Whatsoever commissioned officer shall be found drunk on his guard, party, or other duty under arms, shall be cashiered and drummed out of the army with infamy; any non commissioned officer or soldier, so offending, shall be sentenced to be whipt, not less than twenty, nor more than thirty-nine lashes, according to the nature ofthe offence. Vill. Whatsoever officer or soldier, placed as a sentinel, shall be found sleeping upon his post, or shall leave it before be shall be regularly relieved, if a commissioned officer, shall be cashiered, and drummed out ofthe army with infamy; if a non-commissioned ofiicer or soldier, shall be sentenced to be whipt, not less than twenty, nor more than thirty-nine lashes, according to the nature of the offence. IX. No officer or soldier shall lie out of his quarters or camp, without leave from the commanding officer of the re- giment, upon penalty, if an officer, of being mulcted one month's pay for the first offence, and cashiered for the se- cond; if a non-commissioned officer or soldier, of being con- fined seven days on bread and water for the first offence; and the same punishment and a forfeiture of a week's pay for the second. X. Whatsoever officer or soldier shall misbehave himself before the enemy, or shamefully abandon any post committed to his charge, or shall speak words inducing others to do the. like, shall suffer death. XI All public stores taken in the enemy's camp or maga- zines, whether of artillery, ammunition, clothing, or provi- sions, shall be secured for the use of the United Colonies: and all commissioned officers, found guilty, by general court- martial, of embezzling the same, or any of them, shall forfeit all his pay, be ipso facto cashiered, and deemed unfit for farther service as an officer. And all non-commissioned of- ficers and soldiers, convicted before a regimental court-mar- tial of stealing or embezzling the same, if a non-commis* 279 fconed officer, shall be reduced to the ranks, and punished with whipping, m,t less than fifteen, nor more than thirty nine lashes, at the discretion of the court-martial; if a pri- vate soldier, with the same punishment. XII. If any officer or soldier, shall leave his post or colors, 111 time of an engagement, to go in search of plunder, he snail, it a commissioned officer, be cashiered, and drummed out ot the army with infamy, and forfeit all share of plunder; it a non-commissioned officer or soldier, be whipped, not less than twenty, nor more than thirty nine lashes, according to the nature ofthe offence, and forfeit all share of the plunder taken from the enemy. XI11 Every officer commanding a regiment, troop, or com- pany, shall, upon notice given to him by the commissary of the musters, or from one of his deputies, assemble the regi- ment, troop, or company under his command, in the next convenient place for their being mustered, on penalty of his being cashiered, and mulcted of his pay. XIV. At every muster, the commanding officer of each re- giment, troop, or company there present, shall give to the commissary of musters, certfuates signed by himself, signi- fying how long such officers, non-commissioned officers and soldiers, who shall not appear at the said muster, have been absent, and the reason of their absence, which reasons and the time of absence, shall be inserted in the muster rolls, op- posite the names of such absentees: and the surgeons or their mates, sl.all at the same time give to the commissary of mus- ters a certificate signed by them, signifying the state of health or sickness of those under their care, and the said cer- tificate shall, together with the muster rolls, be by the said commissary transmitted to the general, and to this or anv future congress of the United Colonies, or committee ap"- pointed thereby, within twenty days next after such muster being taken, on failure whereof, the commissary so offending, shall be discharged from the service. XV. Every officer who shall be convicted before a general eourt-martial, of having signed a false certificate, relating to the absence of either officer, non-commissioned officer, or private soldier; and every surgeon or mate, convicted of signing a false certificate, relating to the health or sickness •f those under his care, shall be cashiered. XVI. All officers and soldiers who shall wilfully, or through negligence, disobey any general or special orders, shall be punished at the discretion of a regimental court-mar- tial, where the offence is against a regimental order; and at the discretion of a general court-martial, where the off'ence is against an order given from the commander-in-chief, or the* commanding officer of any detachment or post, and such general court-martial can be had. H..'. i? r^E -;r^'^' ?&.:; &* '&£ fc >^ ■;■';'■«' ^* -7 ■'■-' *••.£$; VA-?-*! 7***' 43? ^»:j*\Jv' &*«£ L;» ■'*._■,' f£gf ^ ,/>- •"-.•■ >■■ ra f^ 'm