Gambar halaman
PDF
ePub

ments of major

point aids, &c.

general; and the major-generals and inspector-general shall, each, be entitled to the following pay and emoluPay and emolu. ments, viz: one hundred and sixty-six dollars monthly generals and in- pay, twenty dollars monthly allowance for forage, when spector general. the same is 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, auThey may ap thorized to appoint two aids, each of whom shall have the rank, pay, and emoluments of a major. And at the time aforesaid, the president is further empowered, by and with the advice and consent of the senate, to appoint The president an adjutant general, who shall have the rank, pay, and may appoint an emoluments, of a brigadier general. And the president is hereby authorized, alone, to appoint. from time to Assistant-inspee- time, when he shall judge proper, assistant-inspectors parate portion of to every separate portion of the army, consisting of one spectors and sub- or more divisions, who shall be deputy adjutant-geneinspectors to rals thereof, respectively, and who shall be taken from 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.

tors to every se

the army; and in

each brigade and corps.

Also, a quarter. master-general,

physician genes ra, and pay

Their pay and

emoluments.

SEC. 7. And be it further enacted, That in case the president shall judge the employment of a quartermaster-general, 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 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 lieutenant-colonel; physician-general, and paymaster-general, each, the pay and emoluments Proviso; the pre- of a lieutenant-colonel; Provided, That in case the president may make sident shall judge it expedient to appoint a commander ments mentioned of the army, an inspector general, adjutant general, quartermastert-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.

the appoint

in the recess, &c.

Former laws re

SEC. 8. And be it further enacted, That the laws of specting them the United States respecting the regulations and emolument of the Uni- ments of recruiting officers, punishment of persons who

litary establish

tended to the

and things, with

shall procure or entice a soldier to desert, or shall pur- ted States, exChase 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 or of this act. 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 inade 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.

may discharge

and soldiers

SEC. 9. And be it further enacted, That the commander The president of the army, inspector general, adjutant-general, quar- the whole, or any termaster-general, physician general, and paymaster-part, of the offgeneral, and the general, field, and commissioned offi- raised or accepted, under this act, cers, who may be appointed by virtue of this act, shall, when consistent 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.

or staff officer to

or emolument

SEC. 10 And be it further enacted, That no commis- No commissioned sioned or staff officer, who shall be appointed by virtue be entitled to pay of this art, shall be entitled to receive pay or emolu- but for actual ments until he shall be called in actual service, nor for service. any longer time than he shall continue therein: Provided, Proviso; as to renothing in this section shall be construed to prevent captains and subalterns from receiving pay and emolu. ments while employed in the recruiting service: And Proviso; no en provided also, That no enlistment shall take place by three years. virtue of this act, after three years from the passing

thereof.

cruiting service

listment after

SEC. 11. And be it further enacted, That it shall be The president lawful for the president of the United States, at his dis- may loan field artillery to milicretion, upon the request of any militia corps, estab- tia corps, dispos lished by law, in any state, disposed to inform them-ed to form selves in the use of artillery, or of the executive of any use, &c. state, in behalf of such corps, to suffer to be loaned to them, such pieces, not exceeding two to any one corps,

themselves in its

And, also, field

artillery arms,

and accoutre

of the field artillery of the United States, as may be most conveniently 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. And be it further enacted, That the president of the United States shall be, and he is hereby, authoments, to mili- rized, when, under his orders, any portion of the militia, corps called forth or any volunteer corps, shall be called forth and engaged and engaged in in the actual service of the United States, to suffer to be

tia or volunteer

actual service.

The president

may procure

for cavalry,

which may be

likewise loaned,

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. And be it further enacted, That the president certain equipage 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 four thousand cavalry, and to be deposited in the parts of the United States where be 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 hereinbefore 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 two hundred Appropriation of 200,000 for the thousand dollars, 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.

purposes of this

act.

Privates exempt

debt or contract,
during their
term of service.

SEC. 14. And be it further enacted, That the private from arrest for 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 arrest of soldiers hereof, it shall be the duty of the judge of the district for debt, &c. to court of the district in which the arrest shall happen, habeas corpus, and of any justice of the supreme court of the United

Judges, &e. upon

grant writes of

bear and exa

and discharge,

States, and of any court or judge of a state, who, by the mine the cases, 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 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 XXXV,

An act suppplementary to, and to amend, the act, entitled "An act authorizing the president of the United States to raise a provisional army."

[ocr errors]

serve the rules to

president for

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress Volunteers to abassembled, That the companies of volunteers, and the to be fixed by the members of each company, who shall be duly en-training and dis gaged and accepted by the president of the United cipling them. 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 president of the United States is hereby authorized to make and estabJish; and all such companies and volunteers are hereby exempted, until their discharge, or during the time of Exempted from their engagement, as aforesaid, from all militia duty 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.

their field officers

congress,

SEC. 2. And be it further enacted, That the president The president of the United States shall be, and he is hereby, autho- may appoint rized, by and with the consent of the senate, or by him. in the recess, 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.

Proviso; no pay

from the United

Stares, until eal

ted into actual' service.

The president

the sale, to volun

arms, &c. or may loan the same, &c.

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. And be it further enacted, That the president my authorize of the United States may authorize the sale, at a reateers, of artillery, sonable rate. sufficient to indemnify the United States, to any company of volunteers who shall be accepted, as aforesaid, of such pieces of artillery, small arins, 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 departsales or loans to ment, and the money, accruing by any sale, shall be paid war department, into the treasury of the United States; and the same &c. other artille shall be, and is hereby, appropriated for the purchase purchased with of other artillery, arms, and accoutrements, as the president of the United States shall direct.

Accounts of the

be kept in the

ry, &c. to be

the money accruing.

[ocr errors]

The president

may proceed to

the army of 10,

be more imme

SEC. 4. And be it further enacted, That the president of the United States may proceed to appoint and commisappoint such of the officers for sion, in the manner prescribed by the said act, such and so 000 men as may any of the officers authorized thereby, for the raising, diately requisite, 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 ted to pay until so appointed, shall not be entitled to any pay, subsisemployed in actual service. tence, 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.]

Officers not enti

CHAPTER XXXVI.

An act to augment the army of the United States, and for other purposes.* SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress *Repealed by act of 16th March, 1802-See chap. 46.

« SebelumnyaLanjutkan »