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of them, essential to the public interest, he is hereby authorized, by and with the advice and consent of the Senate, to appoint the same accordingly, who shall be entitled to the rank, pay, and emoluments which follow, viz. : quartermaster-general, the rank, pay, and emoluments of a lieutenantcolonel; physician-general, and paymaster-general, each, the pay and emoluments of a lieutenant-colonel ; Provided, That in case the President shall judge it expedient to appoint a commander of the army, an inspectorgeneral, adjutant-general, quartermaster-general, physician-general, and paymaster-general, or either of them, in the recess of the Senate, he is hereby authorized to make any or all of said appointments, and grant commissions thereon, which shall expire at the end of the next session of the Senate thereafter.
Sec. 8. That the laws of the United States respecting the regulations and emoluments of recruiting officers, punishment of persons who shall procure or entice a soldier to desert, or shall purchase his arms, uniform, clothing, or any part thereof; and the punishment of every commanding officer of any ship or vessel, who shall receive on board his ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away, any soldier, or refuse to deliver him up to the orders of his commanding officer; 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 military 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 persons, matters, and things, within the intent and meaning of this act, in the same manner as they would, were they inserted at large in the same.
Sec. 9. That the commander of the army, inspector-general, adjutantgeneral, quartermaster-general, physician-general, and paymaster-general, and the general, field, and commissioned officers, who may be appointed by virtue of this act, shall, respectively, continue in commission during such term only as the President shall judge requisite for the public service: and that it shall be lawful for the President 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. That no commissioned or staff officer, who shall be appointed by virtue of this act, shall be entitled to receive pay or emoluments until he shall be called in actual service, nor for any longer time than he shall continue therein: Provided, nothing in this section shall be construed to prevent captains and subalterns from receiving pay and emoluments while employed in the recruiting service: And provided also, That no enlistment shall take place by virtue of this act, after three years from the passing thereof.
Sec. 11. That it shall be lawful for the President of the United States, at his discretion, upon the request of any militia corps, established by law, in any state, disposed to inform themselves in the use of artillery, or of the executive of any state, in behalf of such corps, to suffer to be loaned to them such pieces, not exceeding two to any one corps, of the field artillery of the United States, as may be most convenient spared, to be taken, removed, and returned, at the expense of the party requesting; who are to be accountable for the same, and to give receipts accordingly.
Sec. 12. That the President of the United States shall be, and he is hereby, authorized, when, under his orders, any portion of the militia, or any volunteer corps, shall be called forth and engaged in the actual service of the United States, to suffer to be loaned, at the request of the executive of the state from which such militia shall be called forth, or of such volunteer 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 require; proper receipts and security being given to be accountable to return the same, the accidents of the service excepted.
Sec. 13. That the President of the United States shall be, and he is hereby, authorized to cause to be purchased and procured a quantity of caps, swords, or sabres, and pistols with holsters, not exceeding what may be sufficient for 4000 cavalry, 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 service of the United States, and which the President of the United States may loan, upon the terms, and the like receipts to be accountable, as herein before provided : and, for this purpose, and towards defraying the expenses which may be necessarily incurred before the next session of Congress, in executing the other purposes of this act, a sum, not exceeding $200,000, shall be, and is hereby, appropriated, and shall and may be paid at the treasury, under the orders of the President of the United States, out of any money not already appropriated.
Sec. 14. That the private soldiers who are, and who shall be enlisted and employed 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 mesne process, or in execution, contrary to the intent hereof, it shall be the duty of the judge of the district court of the district in which the arrest shall happen, and of any justice of the supreme court of the United States, and of any court or judge of a state, who, by the laws of such state, are authorized to issue writs of habeas 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 himself; and, upon due hearing and examination, in a summary 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 officer of the same corps.
[Approved, May 28, 1798.]
CHAPTER 57.—Approved, June 22, 1798.—Vol. 1, p. 569.
An Act supplementary to, and to amend, the Act entitled “ An Act authorizing the Pre
sident of the United States to raise a provisional army."!
That the companies of volunteers, and the members of each company, who shall be duly engaged and accepted by the President of the United States, and organized with proper officers commissioned by him, pursuant to the third section of the 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 which rules the Presi
1 For original act, see 28 May, 1798.
dent of the United States is hereby authorized to make and establish ; and all such companies and volunteers are hereby exempted, until their discharge, or during the time of their engagement, as aforesaid, from all militia duty which is or shall be required by the laws of the United States, or of any 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. That the President of the United States shall be, and he is hereby, authorized, by and with the consent of the Senate, or by himself, 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 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 be established, as aforesaid: Provided, That no officer or volunteer, who shall be appointed, engaged, or employed in any training or discipline, as aforesaid, shall be considered as in the pay of the United States, until called into actual service.
Sec. 3. That the President of the United States may authorize the sale, at a reasonable rate, sufficient to indemnify the United States, to any company of volunteers who shall be accepted, as 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 training of such volunteers; or may loan the same to them, upon the receipts of their respective officers, to be accounted for, or returned, at the expiration of their engagement, or other discharge: and of such sales or loans, the necessary accounts shall be kept in the war department, and the money, accruing by any sale, shall be paid into the treasury of the United States; and the same shall be, and is hereby, appropriated for the purchase of other artillery, arms, and accoutrements, as the President of the United States shall direct.
Sec. 4. That the President of the United States may proceed to appoint and commission, in the manner prescribed by the said act, such and so many of the officers authorized thereby, for the raising, organizing, and commanding, the provisional army of 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 notwithstanding: Provided, That the officers who shall be so appointed, shall not be entitled to any pay, subsistence, or other emolument, by reason of such commission, until they shall be, respectively, employed in the actual service of the United States: And provided, That the further raising of the said army shall not be authorized otherwise than as by the said act is provided.
[Approved, June 22, 1798.]
CHAPTER 65.—Approved, July 6, 1798.–Vol, 1, p. 576.
An Act providing arms for the militia throughout the United States.
That there shall be provided, at the charge and expense of the government of the United States, thirty thousand stand of arms, which shall be
1 See 23 April, 1808, chap. 55.
deposited, by order of the President of the United States, at suitable places, for the purpose of being sold to the governments of the respective states, or the militia thereof, under such regulations, and at such prices, as the President of the United States shall prescribe.
Sec. 2. That the President of the United States be, and he is hereby, authorized to cause all, or any part of the arms herein directed to be provided and deposited for sale, which shall at any time remain unsold, to be delivered to the militia, when called into the service of the United States, proper receipts and security being given for the return of the same.
Sec. 3. That the moneys arising from such sales shall be paid into the treasury of the United States, and the amount received shall be annually reported to Congress.
Sec. 4. That, for the purpose of carrying this act into effect, the President of the United States shall be, and he is hereby, authorized to draw from the treasury of the United States a sum not exceeding $400,000, to be paid out of any money in the treasury not otherwise appropriated.
[Approved, July 16, 1798.]
CHAPTER 76.—Approved, July 16, 1798.-Vol. 1, p. 604.
An Act to augment the army of the United States, and for other purposes.1
That from and after the passage of this act, each regiment of infantry in the army of the United States, shall consist of one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, ten captains, ten lieutenants, ten ensigns, one sergeant-major, one quartermaster-sergeant, two senior musicians, forty sergeants, forty corporals, twenty musicians, and six hundred privates; and that the several regiments of infantry now in the service of the United States, be augmented accordingly: Provided always, That the President of the United States may, in his discretion, appoint and distribute such additional number of surgeon's mates, and for such length of time, as the exigencies of the service may require.
SEC. 2. That the President of the United States be, and he hereby is, authorized to raise, in addition to the present military establishment, twelve regiments of infantry, and six troops of light dragoons, to be enlisted for and during the continuance of 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 dragoons now in service, shall be formed into a regiment, and there shall be appointed thereto one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, 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 of the same grades in the infantry.
Sec. 3. That there shall be two major-generals, with two aids-de-camp each; one inspector-general, with the rank, pay, and emoluments of a majorgeneral, and two aids-de-camp; three brigadier-generals, in addition to the present establishment; two assistant inspectors, (who shall be taken from the line of the army,) one adjutant-general, with one or more assistant or assistants, (to be taken from the line of the army,) and four chaplains.
1 Repealed by act of 16 March, 1802, chap. 9.
Sec. 4. That the major-generals, respectively, shall be entitled to $160 monthly pay, with $20 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 chaplain to the pay and emoluments of a major; the aids-de-camp and assistant inspectors shall each be entitled to $24 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 furnished by the public, to $10 per month in lieu thereof.
Sec. 5. That each non-commissioned officer, private, and musician, who shall hereafter be 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 President of the United States shall and mas establish, and shall be entitled to a bounty of $12, but the payment of $4 thereof shall be deferred until he shall have joined the army; and each commissioned officer who shall be employed in the recruiting service, shall be entitled to receive, for each such non-commissioned officer and private, and for each sufficient musician, duly enlisted and mustered, the sum of $2.
Sec. 6. That the monthly pay of the non-commissioned officers, musicians, and privates, in the army of the United States, from and after the first day of August next, shall be as follows: cadets, $10, and two rations per day: sergeant-majors, and quartermaster-sergeants, $10; senior musicians, $; sergeants, $8; corporals, $7; musicians, $6; privates, $5; artificers to the infantry and artillery, and farriers and saddlers to the dragoons, shall be allowed, each, the monthly pay of $10. That every non-commissioned officer, private, and musician, shall receive, daily, the following rations of provisions, to wit: one 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 candles, to every bundred rations.
Sec. 7. That the President of the United States be, and he hereby is authorized to appoint a number, not exceeding four, teachers of the arts and sciences, necessary for the instruction of the artillerists and engineers, who shall be entitled to the monthly pay of $50, and two rations per day,
Sec. 8. That the officers, non-commissioned officers, musicians, and privates, raised by virtue of this act, shall take and subscribe the oath or affirmation prescribed by the law, entitled “ An act to ascertain and fix the military establishment of the United States," and they shall be 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 of the United States is hereby authorized to appoint all the regimental officers proper to be appointed under this act, and likewise to make appointments to fill any vacancies in the army, which may have happened during the present session of the Senate.
Sec. 9. That there shall be appointed an inspector of the artillery, taken from the line of artillerists and engineers, who shall be allowed $30) per month, in addition to his pay in the line, and four rations of provisions for his daily subsistence; and, whenever forage shall not be furnished by the public, he shall be allowed $10 per month instead thereof.
[Approved, July 16, 1798.)
I See 30 May, 1796.