miners, ten artificers, to serve as privates, and two musicians, in each company.

SEC. 2. That the additional regiment which shall be raised, pursuant to this act, shall be considered as a part of the military establishment of the United States, for the time being; and the commissioned officers, noncommissioned officers, privates, artificers, and musicians, who shall engage in the said regiment, shall be entitled to the same bounty, pay, and allowances, respectively, according to their correspondent ranks, as are, or shall be, by law, authorized and provided for the other parts of the same establishment, and shall be governed by the same rules and articles of war, and shall be armed and accoutred in such manner as the President of the United States shall direct, and shall and may be employed by him, in detachments, or otherwise, in the field, or the fortifications upon the sea-coast, as, in his opinion, the public service shall require.

SEC. 3. That the secretary of war shall provide, at the public expense, under the direction of the President of the United States, all necessary books, instruments, and apparatus, for the use and benefit of the said regiment.

[Approved, April 27, 1798.]

CHAPTER 37.-Approved, May 3, 1798.-Vol. 1, p. 554.

An Act supplementary to the Act providing for the further defence of the ports and harbors of the United States.1

That a sum not exceeding $250,000, in addition to the sums heretofore appropriated, remaining unexpended, shall be, and is hereby, appropriated, and shall and may be paid out of any moneys not before appropriated, to make and complete, at the discretion of the President of the United States, the fortifications heretofore directed for certain ports and harbors, and to erect fortifications in any other place or places, as the public safety shall require, in the opinion of the President of the United States; and which other fortifications he is hereby authorized to cause to be erected, under his direction, from time to time, as he shall judge necessary.

SEC. 2. That where any state which was found indebted to the United States, by the report of the commissioners for settling the accounts between the United States and the individual states, shall, with the approbation of the President of the United States, proceed to finish or complete any fortifications heretofore commenced by such state, for the defence of any port or harbor within the same, or shall, under the direction of the President of the United States, make and erect any additional fortifications, pursuant to the act, entitled "An act to provide for the further defence of the ports and harbors within the United States," as well the previous expenditures, made since the 20th day of March, 1794, which shall be approved by the President of the United States, as the expenditures which have been, or which shall be, directed by him, shall be allowed and credited to such state, on account of the balance found and reported, as aforesaid: Provided, That no expenditure exceeding the balance found and reported against the

1 Original act of 23 June, 1797, chap. 3.

2 See original act.

respective state, shall be allowed as aforesaid; and provided, that the fortifications for which the whole or any part of the expenditures shall be so allowed and credited as aforesaid, with their privileges and appurtenances, shall be, and shall be declared and established as the property of the United States, while maintained by them.

SEC. 3. That these words of the said act, entitled "An act for the further defence of the ports and harbors of the United States," that is to say, "provided, the 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 said states," shall be, and the same are hereby, repealed.

[Approved, May 3, 1798.]

CHAPTER 38.-Approved, May 4, 1798.—Vol. 1, p. 555.

An Act to enable the President of the United States to procure cannon, arms, and ammunition; and for other purposes. 2

That a sum, not exceeding $800,000, shall be, and hereby is, appropriated, and shall and may be paid out of any moneys not before appro- . priated, under the direction of the President of the United States, to purchase, as soon as may be, a sufficient number of cannon, also a supply of small arms, and of ammunition and military stores, to be deposited, and used, as will be most conducive to the public safety and defence, at the discretion of the President of the United States.

SEC. 2. That the President of the United States be, and he is hereby, authorized, in case he shall find it impracticable to procure by purchase, with certainty and despatch proportionate to the necessities of the public service, the cannon and arms hereby required, and any considerable part thereof shall be likely to be deficient, to take, by lease, for a term of years, or by sale, in fee, to the United States, one or more suitable place or places where cannon or small arms may be advantageously cast and manufactured, and shall and may there establish foundries and armories, for the manufacture of the same, respectively, and shall cause suitable artisans and laborers to be there employed, for account of the United States; and shall and may appoint one or more persons to superintend the said works, under the direction of the department of war. And an account of the expenditures, which shall be incurred in forming and employing these establishments, and of the cannon and arms which shall be cast and manufactured therein, respectively, shall be laid before the Congress of the United States, at their next session, and annually thereafter, so long as the same shall be continued.

SEC. 3. That the sum of $100,000 shall be, and hereby is, appropriated, and shall be paid out of any moneys not before appropriated, for the hire, purchase, and employ, of the said foundries and armories, respectively, in case such establishments shall be found necessary, as herein before provided.

1 See original act.

2 See act of 2 April, 1794, chap. 14; also chap. 46, 7 May, 1800, and chap. 55, 23 April, 1808.

CHAPTER 46.-Approved, May 22, 1798.—Vol. 1, p. 557

An Act to amend the Act entitled "An Act to amend and repeal, in part, the Act entitled 'An Act to ascertain and fix the military establishment of the United States." "2

That the brigadier-general who is now, or may hereafter be, in the service of the United States, be, and he hereby is, authorized to choose his brigade-major and inspector, or either of them, from the commissioned officers in the line of the army; and that so much of the second section of the act, entitled "An act to amend and repeal, in part, the act entitled 'An act to ascertain and fix the military establishment of the United States,' as confines the choice of brigade-major and inspector to the captains and subalterns of the line, be, and the same is hereby repealed.

SEC. 2. That the accounting officers of the treasury shall allow to Major Cushing the monthly pay, rations, forage, and allowances, for the same, as established by law, for an inspector, during the time he has acted in said capacity by appointment of General Wilkinson.

CHAPTER 47.-Approved, May 28, 1798.-Vol. 1, p. 558.

An Act authorizing the President of the United States to raise a provisional army.3.

That the President of the United States be, and he is hereby, authorized, in the event of a declaration of war against the United States, or of actual invasion of their territory, by a foreign power; or of imminent danger of such invasion discovered, in his opinion, to exist, before the next session of Congress, to cause to be enlisted, and to call into actual service, a number of troops, not exceeding ten thousand non-commissioned officers, musicians, and privates, to be enlisted for a term not exceeding three years; each of whom shall be entitled to receive a bounty of $10, one half on enlisting, and the other half on joining the corps to which he may belong.

SEC. 2. That the President be, and he is hereby, authorized to organize, with a suitable number of major-generals, and conformably to the military establishment of the United States, the said troops into corps of artillery, cavalry, and infantry, as the exigencies of the service may require; and, in the recess of the Senate, alone, to appoint the commissioned officers. The appointment of the field officers to be submitted to the advice and consent of the Senate at their next subsequent meeting. The commissioned and non-commissioned officers, musicians, and privates, raised in pursuance of this act, shall be subject to the rules and articles of war, and regulations for the government of the army, and be entitled to the same pay, clothing, rations, forage, and all other emoluments, bounty excepted, and in case of wounds or disability, received in service, to the same compensation, as the troops of the United States are by law entitled.

SEC. 3. That, in addition to the aforesaid number of troops, the President is hereby empowered, at any time within three years after the passing of

1 Chap. 16, 3 March, 1797.

2 Repealed by 16 March, 1802, chap. 9, sec. 3, post.

3 Repealed by 16 March, 1802, chap. 9.

this act, if, in his opinion, the public interest shall require, to accept of any company or companies of volunteers, either of artillery, cavalry, or infantry, who may associate and offer themselves for the service, who shall be armed, clothed, and equipped at their own expense, and whose commissioned officers the President is hereby authorized to appoint; who shall be liable to be called upon to do military duty, at any time the President shall judge proper, within two years after he shall accept the same; and when called into actual service, and while remaining in the same, shall be under the same rules and regulations, and shall be entitled to the same pay, rations, forage, and emoluments of every kind, excepting bounty and clothing, as the other troops to be raised by this act.

SEC. 4. That in case any such volunteer, while in actual service, and in the line of his duty, sustains any damage, by injury done to his horse, arms, or equipage, or by loss of the same, without any fault or negligence on his part, a reasonable sum, to be ascertained in such manner as the President shall direct, shall be allowed for each and every such damage or loss.

SEC. 5. That whenever the President shall deem it expedient, he is hereby empowered to appoint, by and with the advice and consent of the Senate, a commander of the army which may be raised by virtue of this act, and who, being commissioned as lieutenant-general,' may be authorized to command the armies of the United States, and shall be entitled to the following pay and emoluments, viz.: $250 monthly pay, $50 monthly allowance for forage, when the same shall not be provided by the United States, and forty rations per day, or money in lieu thereof, at the current price, who shall have authority to appoint from time to time, such number of aids, not exceeding four, and secretaries, not exceeding two, as he may judge proper, each to have the rank, pay, and emoluments of a lieutenantcolonel.

SEC. 6. That, whenever the President shall deem it expedient, he is hereby empowered, by and with the advice and consent of the Senate, to appoint an inspector-general, with the rank of major-general; and the major-generals and inspector-general shall, each, be entitled to the following pay and emoluments, viz.: $166 monthly pay, $20 monthly allowance for forage, when the same is not provided by the United States, and fifteen rations per day, or money in lieu thereof, at the current price; and shall be, and they are hereby, authorized 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 an adjutant-general, who shall have the rank, pay, and emoluments of a brigadier-general. And the President is hereby authorized, alone, to appoint, from time to time, when he shall judge proper, assistant inspectors, to every separate portion of the army, consisting of one or more divisions, who shall be deputy adjutant-generals thereof, respectively, and who shall be taken from the line of the army, and allowed, in addition to their pay, $8 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 $6 per month.

SEC. 7. That in case the President shall judge the employment of a quartermaster-general, physician-general, and paymaster-general, or either

48.

1 The title of lieutenant-general abolished, by act of 3 March, 1799, sec. 9, chap. Revised temporarily, 15 Feb. 1855, Res. 9.

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