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CHAPTER 24.- Approved, May 9, 1794.-Vol. 1, p. 366.
An Act for raising and organizing a Corps of Artillerists and Engineers.
That the number of seven hundred and sixty-four non-commissioned officers, privates, and artificers, to serve as privates, and musicians, shall be engaged for the term of three years, by voluntary enlistments; and that the proper proportion of commissioned officers shall be appointed to command the same,
Sec. 2. That the aforesaid commissioned and non-commissioned officers, privates, artificers, and musicians, shall be incorporated with the corps of artillery now in the service of the United States, and denominated the corps of artillerists and engineers; and that the entire number of the said corps, exclusively of the commissioned officers, shall be mine hundred and ninety-two.
Sec. 3. That the organization of the said corps be as herein mentioned, to wit: 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 rations of a sergeant, four sergeants, four corporals, forty-two privates, sappers, and miners, and ten artificers to serve as privates, and two musicians.
Sec. 4. That the additional commissioned officers, non-commissioned officers, privates, artificers, and musicians, by this act directed to be raised, shall receive the same pay and allowances, in all respects, as the troops already in the service of the 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.
Sec. 5. That it shall be the duty of the secretary of war to provide, at the public expense, under such regulations as shall be directed by the President of the United States, the necessary books, instruments, and apparatus, for the use and benefit of the said corps.
Sec. 6. That the President of the United States shall cause such proportions of the said corps to serve in the field, on the frontiers, or in the fortifications on the sea-coast, as he shall deem consistent with the public service.
CHAPTER 25.-- Approved, May 9, 1794.— Vol. 1, p. 367.
An Act supplementary to “An Act to provide for the defence of certain ports and har.
bors in the United States."
That the port and harbor of the city of Annapolis be fortified, in such manner, and at such time or times, as the President of the United States may direct; and that it shall be lawful for the President of the
• Continued by acts of 3 March, 1795, chap. 44, and 30 May, 1796, chap. 39. An additional regiment provided by act of 27 April, 1798, chap. 33. Repealed and supplied by act of 16 March, 1802, chap. 9, sec. 1, 2, 26, 27, 28, and 29.
United States to employ a garrison in the said fortification, provide cannon and equipments, and receive, from the state of Maryland, à cession of the lands on which the said fortification, and its necessary buildings, may be erected, agreeably to the secrnd and third sections of the act to which this is a supplement.
[Approved, May 9, 1794.]
CHAPTER 52.—Approved, June 7, 1794.-Vol. 1, p. 390.
An Act in addition to the “ Act for making further and more effectual provision for the
protection of the frontiers of the United States."2
That if any commissioned officer in the troops of the United States sball, while in the service of the United States, die, by reason of wounds received in actual service of the United States, and shall leave a 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 such deceased officer, while under the age of sixteen years, and, in like manner, the allowance to the child or children of such deceased, where there is no widow, shall be paid no longer than while there is a child or children under the age aforesaid: Provided, That no greater sum shall be allowed, in any case, to the widow or to the child or children of any officer, than the half pay of a lieutenant-colonel.
Sec. 2. That the army be in future paid in such manner that the arrears shall at no time exceed two months.
Sec. 3. That to such of the troops as are, or may be, employed on the frontiers, and under such special circumstances as, in the opinion of the President of the United States, may require an augmentation of some parts of their rations, the President be authorized to direct such augmentation as he may judge necessary, not exceeding four ounces of beef, two ounces of flour, and half a gill of rum, or whiskey, in addition to each ration, and half a pint of salt to one hundred rations,
i Chap. 9, 20 March, 1794, ante.
2 The 1st and 2d sections of this act were superseded and supplied by act of 16 March, 1802, sec. 13 and 15. The 3d was continued with some modification by acts of 3 March, 1795, and 30 May, 1796, sec. 9, but formally repealed by act of 3 March, 1797.
CHAPTER 9.- Approved, January 2, 1795.-Vol. 1, p. 408.
An Act to regulate the pay of the non-commissioned officers, musicians, and privates, of
the militia of the United States, when called into actual service, and for other pur. poses.
That, from and after the passing of this act, the allowance of bounty, clothing, and pay, to the non-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, $9; each drum and fifemajor, $8.33; each sergeant, $8; each corporal, drummer, fifer, and trumpeter, $7.33; each farrier, saddler, and artificer, (included as a private,) $8; each gunner, bombardier, and private, $6.66.
Sec. 2. That, in addition to the monthly pay, there shall be allowed to each officer, non-commissioned officer, musician, and private, of the cavalry, for the use of his horse, arms, and accoutrements, and for the risk thereof, except of horses killed in action, 40 cents per day; and to each non-commissioned officer, musician, and private, 25 cents per day, in lieu of rations and forage, when they shall provide the same.
Sec. 3. That whenever the militia shall be called into the actual service of the United States, their pay shall be deemed to commence from the day of their appearing at the places of battalion, regimental, or brigade rendezvous; allowing to each non-commissioned officer, musician, and private soldier, a day's pay and rations for every fifteen miles from his home to such place of rendezvous, and the same allowance for travelling home from the place of discharge.
Sec. 4. That, in addition to the pay heretofore authorized by law, there shall be allowed and paid to the non-commissioned officers, musicians, and privates, of the militia lately called forth into the actual service of the United States, on an expedition to Fort Pitt, such sums as shall, with the pay heretofore by law established, be equal to the allowances respectively provided in the first and second sections of this act: Provided nevertheless, That the compensations made by any state, to the militia called forth, from such state, shall be deemed to be included in the additional allowance authorized by this act; and such states shall be entitled to receive from the treasury of the United States, such sums as they shall have paid, or allowed, to the non-commissioned officers, musicians, and privates, over and above the pay heretofore allowed by law, and not exceeding the additional allowance granted by this act.
Sec. 5.That, for the completing and better supporting the military establishment of the United States, as provided by the act, entitled "An act making further and more effectual provision for the protection of the frontiers of the United States," there shall be allowed and paid, from and after the 1st day of January, 1795, to each non-commissioned officer, musician, and private, now in service, or hereafter to be enlisted, the additional pay of $1 per month, during the terms of their respective enlistments; and to each soldier now in the service of the United States, or discharged therefrom, subsequent to the 3d day of March last, who
1 See act of 19 March, 1836, which supplies this act.
2 This and the next succeeding section relate to the regular army. Similar provisions will be found incorporated in the act of 30 May, 1796, to ascertain and fix the military establishment of the United States, which may be regarded as superseding these.-See chap. 39, sec. 7, 11, and 12.
shall re-enlist after the 1st day of January next, an additional bounty of $8, making the entire bounty $16; and to each person not now in the army of the United States, or discharged, as above, who sball enlist after the said Ist day of January next, an additional bounty of $6, making the entire bounty $14: but the payment of $4 of each additional bounty hereby granted, shall be deferred until the soldier enlisting shall join the regiment or corps in which he is to serve.
Sec. 6. That to those in the military service of the United States, who are, or shall be, employed on the western frontiers, there shall be allowed, during the time of their being so employed, two ounces of flour or bread, and two ounces of beef or pork, in addition to each of their rations, and half a pint of salt, in addition to every hundred of their rations.
[Approved, January 2, 1795.]
By chap. 21, 13 Feb., 1795, the President may fill vacancies in the office of the secretaries of the Executive Departments, for six months, in the same manner as he may provide for cases of death, absence, or sickness therein, by chap. 37, sec. 8, 2 May, 1792, ante.]
CHAPTER 27.–Approved, Feb. 23, 1795. — Vol. 1, p. 419.
An Act to establish the office of Purveyor of Public Supplies.? That there shall be, in the department of the treasury, an officer, to be denominated “Purveyor of Public Supplies," whose duty shall be, under the direction and supervision of the secretary of the treasury, to conduct the procuring and providing of all arms, military and naval stores, provisions, clothing, Indian goods, and generally, all articles of supply requisite for the service of the United States, and whose compensation shall be, a salary of $2000 per annum. And all letters to and from the said officer shall be received and conveyed by post free of postage.
Sec. 2. That the said officer shall not, directly or indirectly, be concerned, or interested, in carrying on the business of trade or commerce, or be owner, in whole or in part, of any sea vessel, or purchase, by himself or another in trust for him, public lands, or any other public property, or be concerned in the purchase or disposal of any public securities of any state, or of the United States, or take, or apply to his own use, any emolument or gain, for negotiating or transacting any business in the said department, other than what shall be allowed by law; and if he shall offend against any of the prohibitions of this act, he shall, upon conviction, forfeit, to the United States, the penalty of $3000, and may be imprisoned for a term not exceeding five years, and shall be removed from office, and be forever thereafter incapable of holding any office under the United States.
Sec. 3. That the said officer shall, before he 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 $20,000, payable to the United States, with condition for the faithful performance of the duties of his said office ; which bond shall be lodged in the office of the comptroller.
1 The office of Purveyor abolished by act of 28 March, 1812.-See chap. 46, sec. 9.
CHAPTER 36.- Approved, February 28, 1795.—Vol. 1, p. 424.
An Act to provide for 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.3
1. In case of invasion, &c., the President may call forth the militia most con
venient, and issue his orders to the militia officers, &c. In case of insurrection against the government of a state, the President, on application, &c., may call forth the militia of other states, &c. 5. Officers, privates, &c., failing to obey the President, &c., forfeit pay, not exceeding, &c. Officers liable, moreover, to be cashiered, &c. Non-commissioned officers and privates liable to be imprisoned on failing to pay fines, &c. 6. Courts-martial, &c., of militia officers only. 7. Fines to be certified by the presiding officer of the courtmartial, to the marshal, &c., who is to levy, &c. Sale of distrained goods according to state laws, &c. Where non-commissioned officers and privates are adjudged to suffer imprisonment, &c., the marshal, &c., may commit, &c. 8. The marshals to pay fines to supervisors, &c. Five per cent. compensation to the marshal. The marshals failing to pay over, may be sued, &c. 9. Marshals, in executing the laws of the United States, empowered as sheriffs, &c.
That whenevert the United States shall be invaded, or be in imminent danger of invasion, from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militias of the state or states, most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders, for that purpose, to such officer or officers of the militia as he shall think proper. And in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the Executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection.
This act is within the constitutional power of Congress—12 Wheaton, 19-28, Martin re. Mott.
2 Chap. 28, 2 May, 1792.
3 See supplementary act, 2 Feb. 1813, and 29 July, 1861, chap. 22, and chap. 166, 17 July, 1862.
* The President is the exclusive judge of the exigency which authorizes the calling forth the militia-12 Wheaton, 19–29; and his calling forth is conclusive of such exigency. Tid. 32, Story, J.
3 And naral forces, by act 3 March, 1807, chap. 39.