sident of the United States may, in his discretion, appoint an additional number of surgeon's mates, not exceeding ten, and distribute the same, according to the necessity of the service.

SEC. 3. That there shall be one major-general, with two aids-de-camps; one brigadier-general, who may choose his brigade-major from the captains or subalterns of the line; which brigade-major shall receive the monthly pay of $24, in addition to his pay in the line, be entitled to four rations of provisions for his daily subsistence; and, whenever forage shall not be furnished by the public, to $10 per month in lieu thereof; one quartermaster-general; one inspector, who shall do the duty of adjutant-general; and one paymaster-general: and that the adjutants, quartermasters, and paymasters of regiments, shall be appointed from the subalterns of their respective regiments.

SEC. 4. That the President of the United States cause to be arranged, the officers, non-commissioned officers, privates, and musicians, of the legion of the United States, and light dragoons, in such manner as to form and complete out of the same the four regiments aforesaid, and two companies of light dragoons: And the supernumerary officers, privates, and musicians, shall be considered, from and after the last day of October next, discharged from the service of the United States.

SEC. 5. That the corps of artillerists and engineers be completed, conformably to the act of the 8th day of May, 1794, establishing the same, and prescribing the number and term of enlistments, and the method of organization.1

SEC. 6. That the commissioned officers, who shall be employed in the recruiting service, to keep up by enlistments the corps of artillerists, infantry, and dragoons aforesaid, shall be entitled to receive, for every able-bodied recruit, duly enlisted and mustered, of at least five feet six inches in height, and not under the age of eighteen, nor above the age of forty-six years, the sum of $2.

SEC. 7. That there shall be allowed and paid to each soldier now in the service of the United States, or discharged therefrom subsequent to the 3d day of March, 1794, who shall re-enlist for the term of five years, unless sooner discharged, a bounty of $16; and to each person not now in the army of the United States, or discharged, as above, who shall hereafter enlist for the term aforesaid, a bounty of $14; but the payment of $4 of the bounty of each and every man so enlisting, shall be deferred, until he shall have joined the corps in which he is to serve.

SEC. 8. That every non-commissioned officer, private, and musician, of the artillery and infantry, shall receive, annually, the following articles of uniform clothing, to wit: one hat, one coat, one vest, two pair of woollen and two pair of linen overalls, four pair of shoes, four shirts, four pair of socks, one blanket, one stock and clasp, and one pair of buckles.

SEC. 9. That suitable clothing be provided for the dragoons, adapted to the nature of the service, and conformed, as near as may be, to the value of the clothing allowed to the infantry and artillery.

SEC. 10. That every non-commissioned officer, private, and musician, shall receive, daily, the following rations of provisions, to wit: one pound of beef, or three-quarters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy, or whiskey; and at the rate of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations.

1 See chap. 24, 9 May, 1794.

SEC. 11. Provided always, 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 the rations, and half a pint of salt, in addition to every hundred of their rations.

SEC. 12. That the monthly pay of the officers, non-commissioned officers, musicians, and privates, of the military establishment, be as follows: a major-general, $166; a brigadier-general, $104; quartermaster, inspector, and paymaster generals, each, in addition to their pay in the line, $25: principal artificer, $40; second artificer, $26; lieutenant-colonel commandant, $75; major of artillery and of dragoons, $55; major of infantry, $50; paymaster, adjutant, and regimental quartermaster, in addition to their pay in the line, $10; captain, $40; lieutenants, $26; ensigns and cornets, $20; surgeons, $45; surgeon's mates, $30; sergeant-majors, and quartermaster-sergeants, $8; senior musicians, $7; sergeants, $7; corporals, $6; musicians, $5; privates, $4; artificers allowed to the infantry and artillery, farriers and saddlers to the dragoons, each, $9; matrons and nurses in the hospital, $8.

SEC. 13. That the commissioned officers aforesaid, shall be entitled to receive, for their daily subsistence, the following number of rations of provisions: a major-general, fifteen rations; a brigadier-general, twelve rations; a lieutenant-colonel commandant, six rations; a quartermaster, inspector, and paymaster generals, each, six rations; and each aid-decamp shall receive the monthly pay of $24, in addition to his pay in the line, be entitled to four rations of provisions for his daily subsistence, and whenever forage shall not be furnished by the public, to $10 per month in lieu thereof; a captain, three rations; a lieutenant, ensign, and cornet, each, two rations; a surgeon, three rations; a surgeon's mate, two rations; a principal, and second, artificer, each, two rations, or money in lieu thereof, at the option of the said officers, at the posts, respectively, where the rations shall become due; and if, at such posts, supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts, and the position of the place in question.

SEC. 14. That the officers hereinafter described shall, whenever forage shall not be furnished by the public, receive at the rate of the following enumerated sums, per month, instead thereof, to wit: a major-general, $20; a brigadier-general, $16; quartermaster, inspector, and paymaster generals, each, $12; lieutenant-colonel commandant, $12; major, $10; captain of dragoons, $8; lieutenant and cornet, each, $6; surgeon, $10; surgeon's mate, $6; principal artificer, paymaster, adjutant, and regimental quartermaster, each, $6.

SEC. 15. That every person who shall procure or entice a soldier, in the service of the United States, to desert, or who shall purchase from any soldier, his arms, uniform clothing, or any part thereof; and every captain or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of the court, in any sum not exceeding $300, or be imprisoned, for any term not exceeding one year.

SEC. 16. That no non-commissioned officer, or private, shall be arrested, or subject to arrest, for any debt under the sum of $20.

SEC. 17. That if any non-commissioned officer, musician, or private, shall

desert from the service of the United States, he shall, in addition to the penalties mentioned in the Rules and Articles of War, be liable to serve for and during such a period as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment, and such soldier shall and may be tried and sentenced by a regimental or garrison court-martial, although the term of his enlistment may have elapsed previous to his being apprehended or tried.

SEC. 18. That the sentences of general courts-martial, in time of peace, extending to the loss of life, the dismission of a commissioned officer; or which shall, either in time of peace or war, respect a general officer, shall, with the whole of the proceedings in such cases, respectively, be laid before the President of the United States; who is hereby authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper.1

SEC. 19. That if any officer, non-commissioned officer, private, or musician, aforesaid, shall be wounded or disabled, while in the line of his duty, in public service, he shall be placed on the list of the invalids of the United States, at such rate of pay, and under such regulations, as shall be directed by the President of the United States, for the time being; Provided always, That the rate of compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall never exceed, for the highest disability, half the monthly pay of such officer, at the time of his being so disabled or wounded; and that the rate of compensation to non-commissioned officers, privates, and musicians, shall never exceed $5 per month: And provided also, That all inferior disabilities shall entitle the person so disabled, to receive an allowance proportionate to the highest disability.

SEC. 20. That the officers, non-commissioned officers, privates, and musicians, aforesaid, shall be governed by the rules and articles of war which have been established by the United States, in Congress assembled,2 (except so much of the same as is by this act altered or amended,) as far as the same may be applicable to the constitution of the United States; or by such rules and articles as may hereafter be by law established.

SEC. 21. That every officer, non-commissioned officer, private, and musician, aforesaid, shall take and subscribe the following oath or affirmation, to wit: "I, A. B., do solemnly swear, or affirm, (as the case may be,) to bear true allegiance to the United States of America, and to serve them honestly and faithfully, against their enemies or opposers whomsoever, and to observe and obey the orders of the President of the United States, and the orders of the officers appointed over him, according to the rules and articles of war."

SEC. 22. That so much of any act or acts, now in force, as comes within the purview of this act, shall be, and the same is hereby, repealed: saving, nevertheless, such parts thereof as relate to the enlistments or term of service of any of the troops, which, by this act, are continued on the present military establishment of the United States.

SEC. 23. That the general staff, as authorized by this act, shall continue in service until the 4th day of next March, and no longer.

[Approved, May 30, 1796.]

1 See 31 May, 1786, art. 2, and Rules and Articles of War, art. 65.

2 See 20 Sept. 1776, and its supplements.

CHAPTER 16.-Approved, March 3, 1797.-Vol. 1, p. 507.

An Act to amend and repeal, in part, the act entitled "An Act to ascertain and fix the Military Establishment of the United States."

That the third section of the act, passed the 30th of May, 1796, entitled "An act to ascertain and fix the military establishment of the United States," together with all other parts thereof, which relate to provision made for the major-general and his staff, be repealed: and that all such parts of the said act, together with so much of the twenty-third section as may be construed to affect the brigadier, and the whole of the eleventh section of the said act, be, and are hereby repealed.

3

SEC. 2. That there shall be one brigadier-general, who may choose his brigade-major and inspector from the captains and subalterns in the line, (to each of whom there shall be allowed the monthly pay of $25, in addition to his pay in the line, and two rations extraordinary per day; and, whenever forage shall not be furnished by the public, to $10 per month in lieu thereof.) That there shall be one judge-advocate, who shall be taken from the commissioned officers of the line, and shall be entitled to receive two rations extra per day, and $25 per month, in addition to his pay in the line; and whenever forage shall not be furnished by the public, to $10 per month in lieu thereof.

SEC. 3. That there shall be one quartermaster-general, and one paymaster-general, who shall receive the same pay and emoluments, respectively, which those officers have heretofore been allowed by law.

SEC. 4. That from and after the 30th day of June next, the monthly pay of the lieutenants shall be $30, and that of the ensigns $25: that to the brigadier, while commander-in-chief, and to each officer, while commanding a separate post, there shall be allowed twice the number of rations to which they would otherwise be entitled.

SEC. 5. That the majors be entitled to receive four rations per day, for their subsistence.

SEC. 6. That to each commissioned officer, who may have been deranged under the act "to ascertain and fix the military establishment of the United States," there shall be paid the amount of six months' pay and subsistence.

CHAPTER 3.-Approved, June 23, 1797.—Vol. 1, p. 521.

An Act to provide for the further defence of the ports and harbors of the United States

That for fortifying certain ports and harbors of the United States, there be appropriated a sum not exceeding $115.000.

1 Superseded by act of 2 March, 1821, chap. 13. 2 See act 30 May, 1796, chap. 39

3 Repealed by act 22 May, 1798, but see 16 March, 1802.

4 See 2 March, 1849, sect. 4.

5 See sec. 6, chap. 186, 23 Aug., 1842, and note.

7 See supplemental act, 3 May, 1798.

6 Chap. 39.

SEC. 2. That the said appropriation shall be paid and discharged out of the surplus of the revenue and income beyond the appropriations heretofore charged thereon.

SEC. 3. That the President of the United States be, and he is hereby, empowered to authorize any of the states which were found indebted to the United States, in a settlement of the accounts between them and the respective states, to expend, under his direction, the sums respectively due from them, in fortifying their ports and harbors; and the sums which may be so expended, shall be passed to the credit of the said states, on account of the balances found and reported, by the commissioners for settling the accounts between the United States and the individual states, to be due from the said states to the United States: Provided, That said states shall and do cede to the United States, the lands or places on which such fortifications shall be so erected, in cases where the lands are the property of such states.1

[Approved, June 23, 1797.]

CHAPTER 15.-Approved, March 14, 1798.-Vol. 1, p. 540.

An Act to provide for the widows and orphans of certain deceased officers.

That the provisions for widows and orphans of commissioned officers of the troops of the United States, contained in the first section of the law passed on the 7th day of June, 1794, entitled "An act in addition to the act making further and more effectual provision for the protection of the frontiers of the United States," be, and the same are hereby, extended to the widows and orphan children of commissioned officers of the troops of the United States, and of the militia, who have died by reason of wounds received since the 4th day of March, 1789, in the actual service of the United States: Provided, application shall be made within two years after the end of the present session of Congress.

CHAPTER 33.-Approved, April 27, 1798.—Vol. 1, p. 552.

An Act to provide an additional regiment of artillerists and engineers.3 That an additional regiment of artillerists and engineers shall and may be engaged, by voluntary enlistments, to serve for the term of five years, unless sooner discharged, and to be organized as follows, that is to say: there shall be one lieutenant-colonel commandant, one adjutant, one surgeon, and three battalions, each to consist of one major, one adjutant and paymaster, one surgeon's mate, and four companies, 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

1 This proviso repealed by act of 3 May, 1798, sec. 3.

2 See 7 June, 1794, chap. 52.

3 Repealed and supplied by act of 16 March, 1802, chap. 9, sections 1, 2, 26, and 29.