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each company with a drum, and fife or bugle horn, by the commissioned officers of the company, in such manner as the legislature of the respective states shall direct.
Sec. 6. That there shall be an adjutant-general appointed in each state, whose duty' it shall be to distribute all orders from the commander-in-chief of the state to the several corps; to attend all public reviews, when the commander-in-chief of the state shall review the militia, or any part thereof; to obey all orders from him, relative to carrying into execution and perfecting the system of military discipline established by this act; to furnish blank forms of different 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, throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammunition, their delinquencies, and every other thing which relates to the general advancement of good order and discipline: All which, the several 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 furnished therewith: from which all returns he shall make proper abstracts, and lay the same annually before the commander-in-chief of the state.
Sec. 7.2 That the rules of discipline, approved and established by Congress, in their resolution of the 29th of March, 1779, shall be the rules of discipline to be observed by the militia throughout the United States; except such deviations from the said rules as may be rendered necessary by the requisitions of this act, or by some other unavoidable circumstances. It shall be the duty of the commanding officer, at every muster, whether by battalion, regiment, or single company, to cause the militia to be exercised and trained agreeably to the said rules of discipline.
Sec. 8. That all commissioned officers shall take rank according to the date of their commissions; and when two of the same grade bear an equal date, then their rank to be determined by lot, to be drawn, by them, before the commanding officer of the brigade, regiment, battalion, company, or detachment.
1 And to make return to the President, annually, of the militia of the state, and their arms, &c., 2 March, 1803.
2 This section is repealed by act of 12 May, 1820, chap. 97, which adopts, for the militia of the United States, the system of discipline and field exercise observed by the regular army. The rules of 1779, here referred to, were contained in the system prepared by the Baron Steuben, which was examined and amended by General Washington prior to its adoption by Congress.
Sec. 9. That if any person, whether officer or soldier, belonging to the militia of any state, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense.
Sec. 10. That it shall be the duty of the brigade-inspector, to attend the regimental and battalion meetings of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition, and accoutrements; superintend their exercise and maneuvres, 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, receive 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 of the arms, accoutrements, and ammunition, of the several corps, and every other thing which, in his judgment, 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 militia of the state, to the commander-in-chief of the said state, and a duplicate of the same to the President of the 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 of the militia:
Sec. 11. That such corps retain their accustomed privileges, subject, nevertheless, to all other duties required by this act in like manner with the other militia.
[Approved, May 8, 1792.]
CHAPTER 37.—Approved, May 8, 1792.—Vol. 1, p. 279.
An Act making alterations in the Treasury and War Departments. Sec. 1. Accountant of War Department authorized."
Sec. 3.That there be a paymasters to reside near the head-quarters of the troops of the United States. That it shall be the duty of the said paymaster, to receive, from the treasurer, all the moneys which shall be intrusted to him for the purpose of paying the pay, the arrears of pay, subsistence, or forage, 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 he shall certify, accurately, to the commanding officer, the sums due to the respective corps, which shall bave 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 warrants 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 $20,000, 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 $60 monthly, with the same rations and forage as a major.5
Sec. 4. That no assignment of pay, made after the first day of June next, by a non-commissioned officer or private, shall be valid.
Sec. 5. That all purchases 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.
Sec. 8. That in case of the death, absence from the seat of government,” or sickness of the Secretary of State, Secretary of the Treasury, or of the Secretary of the War Department, or of any officer of either of the said departments whose appointment is not in the head thereof, whereby they cannot perform the duties of their said respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize any person or persons at his discretion to per.
1 Additional accountant authorized by chap. 140, 29 April, 1816, and both offices abolished by sec. 1, chap. 45, 3 March, 1817.
2 This sec. supplied by chap. 69, sec. 4, 30 April, 1816.
4 As the President may require, by 16 March, 1802.- As Secretary of War may require, 25 April, 1816.
See chap. 48, sec. 1, 3 March, 1799 ; chap. 26, sec. 1, 22 April, 1800; 16 March, 1802; chap. 9, sec. 3, and 24 April, 1816, sec. 3.
6 Modified by 16 July, 1798, sec 3. 7 And in case of vacancy, see 13 Feb., 1795, chap. 21.
form the duties of the said respective offices until a successor be appointed, or until such absence or inability by sickness shall cease.
[Approved, May 8, 1792.]
CHAPTER 1.-Approved, January 13, 1794.—Vol. 1, p. 341.
An Act making an alteration in the flag of the United States.
That from and after the first day of May, Anno Domini 1795, the flag of the United States be fifteen stripes, alternate red and white. That the Union be fifteen stars, white, in a blue field.
CHAPTER 9.-Approved, March 20, 1794.–Vol. 1, p. 345. An Act to proride for the defence of certain ports and harbors in the United States.
That the following ports and harbors be fortified, under the direction of the President of the United States, and at such time or times as he may judge necessary, to wit: Portland, in the district of Maine ; Portsmouth, in the state of New Hampshire; Gloucester, 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 Alexandria, in the state of Virginia ; Cape Fear river, and Ocracock Inlet, in the State of North Carolina; Charleston and Georgetown, in the state of South Carolina ; and Savannah? and St. Mary's, in the state of Georgia.
Sec. 2. That it shall be lawful for the President of the United States to employ, as garrisons, in the said fortifications, or any of them, such of the troops on the military establishment of the United States as he may judge necessary; and to cause to be provided one hundred cannon, of a calibre, each, to carry a ball of thirty-two pounds weight, and one hundred other cannon, of a calibre, 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. That it shall be lawful for the President of the United States to receive from any state (in behalf of the United States) a cession of the lands on which any of the fortifications aforesaid, with the necessary buildings, may be erected, or intended to be erected; or, where such cessions shall not be made, to pur
1 First fixed by resolution of 14 June, 1775; altered and established by act of 4 April, 1818, chap. 34.
2 And Annapolis, 29 May, 1794, chap. 25.
chase 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 14.-Approved, April 2, 1794.–Vol. 1, p. 352. An Act to provide for the erecting and repairing of arsenals and magazines, and for
other purposes.2 That for the safe keeping of the military stores, there shall be established, under the direction of the 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 continued as part of the said number, at his discretion: Provided, That none of the said arsenals be erected, until purchases of the land, necessary for their accommodation, be made, with the consent of the legislature of the state in which the same is intended to be erected.
Sec. 2. That there shall be established, at each of the aforesaid arsenals, a national armory, in which shall be employed one superintendent, 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 hundred. And the said superintendents shall, each, receive, as a compensation,* $70 per month, and the said master armorers, each, $50 per month.
Sec. 3. That there shall be employed an officer, whose duty it shall be, (under the direction of the department of war,) to superintend the receiving, safe keeping, and distribution of the military stores of the United States, and to call to account all persons to whom the same may be intrusted; he shall receive, for his compensation, at the rate of $125 per month, and shall be appointed by the President of the United States.
Sec. 4. That a sum not exceeding $59,000 be appropriated for the erecting and repairing of the arsenals and magazines aforesaid; and a sum not exceeding $22,865 for defraying the expense of the national armories, for one year; and the further sum of $340,000, to be applied, under the direction of the President of the United States, in the purchase of arms, ammunition, and military stores; which said several sums shall be paid out of the duties on imports and tonnage, to the end of the present year.
SEC. 5. That an annual account of the expenses of the national armories be laid before the legislature of the United States, together with an account of the arms made and repaired therein.
I See the Constitution, art. 1, sec. 8, clause 16. 2 See 4 May, 1798, chap. 25, making further provisions for procuring arms, &c. 3 See act of 23 April, 1808, sec. 1.
4 And three rations per day, 7 May, 1800, chap. 46, sec. 1. The office at Springfield abolished 23 Aug. 1841, chap. 186.
5 See act of 7 May, 1800, sec. 4.