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territories of the United States, than is hereinafter apportioned to them, respectively; that is to say: To New Hampshire, three thousand; to Massachusetts, ten thousand; to Rhode Island, one thousand; to Vermont, two thousand; to Connecticut, five thousand; to New York, seven thousand; to New Jersey, five thousand; to Pennsylvania, ten thousand; to Delaware, one thousand; to Maryland, five thousand; to Virginia, ten thousand; to Kentucky, one thousand; to North Carolina, seven thousand; to Tennessee, one thousand; to South Carolina, four thousand; to Georgia, fifteen hundred; to North-Western Territory, one thousand; and to Mississippi Territory, five hundred.

SEC. 9. That for the execution of this act, if it shall be found necessary to carry it, or any part of it, into effect, there be appropriated the sum of $2,000,000; and that the President be authorized to borrow, on behalf of the United States, the said sum, or so much thereof as he shall deem necessary, (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 the United States: Provided, That such terms and conditions shall not restrain the United States from paying off the sum which may be borrowed, after the expiration of fifteen years.

SEC. 10. That so much as may be necessary of the surplus of the duties on imports and tonnage, beyond the permanent appropriations heretofore charged upon them by law, shall be, and hereby 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; and 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.

SEC. 11. That the powers, by the first and second sections of this act vested in the President of the United States, shall cease at the expiration of the session of Congress next ensuing the present, unless they shall be, by some future law, continued in force for a longer time.

[Approved, March 2, 1799.]

[By Chap. 47, 3d March, 1799, the President of the United States is authorized to make appointments to fill any vacancies in the army and navy which may have happened during the present session of the Senate.]

CHAPTER 48.-Approved, March 3, 1799.-Vol. 1, p. 749.

An Act for the better organizing of the troops of the United States, and for other purposes.1

That the troops heretofore authorized, and which hereafter may be authorized, to be raised, shall be composed and organized as follows, to wit: A regiment of infantry shall consist of one lieutenant-colonel commandant, two majors, first and second, one adjutant, one quartermaster, and one paymaster, each being a lieutenant, one surgeon, and two sur

1 Repealed and supplied by act of 16 March, 1802, chap. 9, so far as it conflicts with the provisions of that act. Sections 22, 23, and 24 do not appear to come within the operation of the repealing clause.

geon'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 battalions, each battalion of five companies: A regiment of cavalry shall consist of one lieutenantcolonel commandant, two majors, a first and second, one adjutant, 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 sergeantmajors, two quartermaster-sergeants, two chief musicians, first and second, ten other musicians, forty sergeants, forty corporals, and nine hundred and twenty privates, including ten saddlers, ten blacksmiths, and ten bootmakers; which, together, shall form five squadrons, each squadron of two companies: A regiment of artillery shall consist of one lieutenant-colonel commandant, four majors, one adjutant, one quartermaster, and one paymaster, each being a lieutenant; one surgeon, and two surgeon's mates, sixteen captains, thirty-two lieutenants, besides the three lieutenants before mentioned, thirty-two cadets, four sergeant-majors, four quartermastersergeants, 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 companies: Provided, always, That the number of privates raised, and to be raised, for the regiment of cavalry, and the regiments of infantry heretofore authorized, shall not exceed the number, respectively, for which provision hath been made by law; nor shall the battalion of riflemen, nor the two additional troops of cavalry authorized by this act, be raised, until further provision shall be so made, unless war shall break out between 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 be severally completed to their full establishment.

SEC. 2. That every ensign and cornet, in the regiments heretofore appointed, shall be denominated hereafter second lieutenants.

SEC. 3. That the officers, non-commissioned officers, and privates, hereinafter mentioned, who now are, or at any time hereafter may be, in the actual service of the United States, shall be entitled to, and shall receive, the following compensations, to wit: a major-general, $166 per month, and fifteen rations of provisions per day, or an equivalent in money; and when forage shall not be furnished by the United States, the further sum of $20 per month. A brigadier-general, $104 per month, twelve rations per day, or an equivalent in money, and $16 per month for forage, when not furnished as aforesaid. A lieutenant-colonel commandant, $75 per month, six rations per day, or an equivalent in money, and $12 for forage, when not furnished as aforesaid. A major of artillery or cavalry, each, $55 dollars per month, four rations per day, or an equivalent in money, and $10 per month for forage, when not furnished as aforesaid. A major of infantry, $50 per month, four rations per day, or an equivalent in money, and $10 per month for forage, when not furnished as aforesaid. A captain of cavalry, $40 per month, three rations per day, or an equivalent in money, and $8 per month for forage, when not furnished as aforesaid. A captain of artillery, and infantry, $40 per month, and three rations per day, or an equivalent in money. A first lieutenant of cavalry, $30 per month, two rations per day, or an equivalent in money, and $6 per month for forage, when not furnished as aforesaid. Lieutenants of artillery, each,

$30 per month, and two rations per day, or an equivalent in money. A second lieutenant of cavalry, $25 per month, two rations per day, or an equivalent in money, and $6 per month for forage, when not furnished as aforesaid. A first lieutenant of infantry, $30 per month, and two rations per day, or an equivalent in money. A second lieutenant of infantry, $25 per month, and two rations per day, or an equivalent in money. A regimental surgeon, $45 per month, three rations per day, or an equivalent in money, and $10 per month for forage, when not furnished as aforesaid. A surgeon's mate, $30 per month, two rations per day, or an equivalent in money, and $6 dollars per month for forage, when not furnished as aforesaid. A regimental paymaster, quartermaster, and adjutant, in addition to their pay in the line, each, $10 dollars, and $6 per month for forage, when not furnished as aforesaid. A cadet of cavalry, $10 per month, two rations per day, or an equivalent in money, and $6 per month for forage, when not furnished as aforesaid. All other cadets, $10 per month, and two rations per day, or an equivalent in money. A sergeant-major, and a quartermaster-sergeant, each, $10 per month. A chief musician, $8 per month. A sergeant, $8 per month. A corporal, $7 per month. A musician, $6 per month. An artificer to the infantry and artillery, a farrier, saddler, and boot-maker to the dragoons, each $10 per month. A private soldier, $5 dollars per month. And to each of the said non-commissioned officers and privates, one ration of provisions per day.

SEC. 4. That all non-commissioned officers, artificers, privates, and musicians, who are, and who shall be, enlisted, and the non-commissioned officers, artificers, privates, and musicians, of the militia, or other corps, who at any time may be in the actual 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 noncommissioned officer, artificer, private, or musician, 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 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 an officer, 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 of the same corps.

SEC. 5. That each non-commissioned officer, private, artificer, 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 may 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 artificer, and for each sufficient musician, duly enlisted and mustered, the sum of $2, the same being in full compensation for his extra expenses in the execution of this service.

SEC. 6. That when any officer shall be detached from a regiment, to serve as an aid to a general officer, or as assistant or other inspector, or as an assistant to the quartermaster-general, by whatsoever name, or as an assistant to the adjutant-general, by whatsoever name, the place of such officer in his regiment shall be supplied, by promotion or new appoint

geon'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 battalions, each battalion of five companies: A regiment of cavalry shall consist of one lieutenantcolonel commandant, two majors, a first and second, one adjutant, 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 sergeantmajors, two quartermaster-sergeants, two chief musicians, first and second, ten other musicians, forty sergeants, forty corporals, and nine hundred and twenty privates, including ten saddlers, ten blacksmiths, and ten bootmakers; which, together, shall form five squadrons, each squadron of two companies: A regiment of artillery shall consist of oue lieutenant-colonel commandant, four majors, one adjutant, one quartermaster, and one pay. master, each being a lieutenant; one surgeon, and two surgeon's mates, sixteen captains, thirty-two lieutenants, besides the three lieutenants before mentioned, thirty-two cadets, four sergeant-majors, four quartermastersergeants, 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 companies: Provided, always, That the number of privates raised, and to be raised, for the regiment of cavalry, and the regiments of infantry heretofore authorized, shall not exceed the number, respectively, for which provision hath been made by law; nor shall the battalion of riflemen, nor the two additional troops of cavalry authorized by this act, be raised, until further provision shall be so made, unless war shall break out between 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 be severally completed to their full establishment.

SEC. 2. That every ensign and cornet, in the regiments heretofore appointed, shall be denominated hereafter second lieutenants.

SEC. 3. That the officers, non-commissioned officers, and privates, hereinafter mentioned, who now are, or at any time hereafter may be, in the actual service of the United States, shall be entitled to, and shall receive, the following compensations, to wit: a major-general, $166 per month, and fifteen rations of provisions per day, or an equivalent in money; and when forage shall not be furnished by the United States, the further sum of $20 per month. A brigadier-general, $104 per month, twelve rations per day, or an equivalent in money, and $16 per month for forage, when not furnished as aforesaid. A lieutenant-colonel commandant, $75 per month, six rations per day, or an equivalent in money, and $12 for forage, when not furnished as aforesaid. A major of artillery or cavalry, each. $55 dollars per month, four rations per day, or an equivalent in money, and $10 per month for forage, when not furnished as aforesaid. A major of infantry, $50 per month, four rations per day, or an equivalent in money, and $10 per month for forage, when not furnished as aforesaid. A captain of cavalry, $40 per month, three rations per day, or an equivalent in money, and $8 per month for forage, when not furnished as aforesaid. A captain of artillery, and infantry, $40 per month, and three rations per day, or an equivalent in money. A first lieutenant of cavalry, $50 per month, two rations per day, or an equivalent in money, and so per month for forage, when not furnished as aforesaid. Lieutenants of artillery, each.

$30 per month, and two rations per day, or an equivalent in money. A second lieutenant of cavalry, $25 per month, two rations per day, or an equivalent in money, and $6 per month for forage, when not furnished as aforesaid. A first lieutenant of infantry, $30 per month, and two rations per day, or an equivalent in money. A second lieutenant of infantry, $25 jer month, and two rations per day, or an equivalent in money. A regimentai surgeon, $45 per month, three rations per day, or an equivalent in mey, and $10 per month for forage, when not furnished as aforesaid. A surgeon's mate. $30 per month, two rations per day, or an equivalent in lasty, and S dollars per month for forage, when not furnished as aforesaid. A regimental paymaster, quartermaster, and adjutant, in addition

their pay in the line, each, $10 dollars, and $6 per month for forage, when not furnished as aforesaid. A cadet of cavalry, $10 per month, two rations per day, or an equivalent in money, and $6 per month for forage, when not furnished as aforesaid. All other cadets, $10 per month, and two rat: ns per day, or an equivalent in money. A sergeant-major, and a quarte ruuaster-sergeant, each, $10 per month. A chief musician, $8 per month. A sergeant, & per month. A corporal, $7 per month. A musician, $6 An artificer to the infantry and artillery, a farrier, saddler, a. 1 boot-maker to the dragoons, each $10 per month. A private soldier, dars per month. And to each of the said non-commissioned officers nud privates, one ration of provisions per day.

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4 That all non-commissioned officers, artificers, privates, and musatis, who are, and who shall be, enlisted, and the non-commissioned fers, artificers, privates, and musicians, of the militia, or other corps. what any time may be in the actual service of the United States, shall be, and they are hereby, exempted, during their term of service, from al personal arrests, for any debt or contract. And whenever any nones mamiss,oned officer, artificer, private, or musician, shall be arrested. w letter by mne sue process, or in execution, contrary to the intent hereof, it shati be the duty of the judge of the district court of the United States, and of any court or judge of a state, who, by the laws of such state, are auth, rized to issue writs of habeas corpus, respectively, on application by an fr, 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

a arrest, taking common bail, if required, in any case upon mesne process mari commit him to the applicant, or some other officer of the same

5. That each non-commissioned officer, private, artificer, and muata, who shall hereafter be enlisted, for the army of the United States, atau te abim-bodied, and of a size and age suitable for the public service, ling to the directions which the President of the United States shall may estat lish; and shall be entitled to a bounty of $12; but the payment 4 $4 thereof shall be deferred until he shall have joined the army. Ari each commissioned ofheer, who shall be employed in the recruiting price, shall be entitled to receive, for each such non-commissioned offeer, and private and artifeer, and for each sufficient musician, duly enlisted a1 masters, the sum of $2, the same being in full compensation for his extra experimes in the execution of this service,

6. That when any otheer shall be detached from a regiment, to serve as an ali to a general officer, or as assistant or other inspector, or as an Beistant to the quartermaster-general, by whatsoever name, or as an a start to the a lutant-general, by whatsoever name, the place of su -eer in his regiment shall be supplied, by promotion or new apport

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