CHAPTER 25.-Approved, September 29, 1789.-Vol. 1, p. 95. An Act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled and for other purposes.1 That the establishment contained in the resolve of the late Congress, of the 3d of October, 1787,2 except as to the mode of appointing the officers, and also as is hereinafter provided, be, and the same is hereby recognized to be the establishment for the troops in the service of the United States. SEC. 2. That the pay and allowances of the said troops, be the same as have been established by the United States in Congress assembled, by their resolution of the 12th of April, 1785.3 SEC. 3. That all commissioned and non-commissioned officers, and privates, who are, or shall be, in the service of the United States, shall take the following oaths or affirmations, to wit: "I, A. B., do solemnly swear or affirm (as the case may be) that I will support the constitution of the United States." "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 all their enemies or opposers whatsoever, and to observe and obey the orders of the President of the United States of America, and the orders of the officers appointed over me." SEC. 4. That the said troops shall be governed by the rules and articles of war, which have been established by the United States in Congress assembled, or by such rules and articles of war as may hereafter by law be established. SEC. 5. That, for the purpose of protecting the inhabitants of the frontiers of the United States from the hostile incursions of the Indians, the President is hereby authorized to call into service, from time to time, such part of the militia of the states, respectively, as he may judge necessary for the purpose aforesaid; and that their pay and subsistence, while in service, be the same as the pay and subsistence of the troops above mentioned. SEC. 6. That this act shall continue, and be in force, until the end of the next session of Congress, and no longer. CHAPTER 10.-Approved, April 30, 1790.-Vol. 1, p. 119. An Act for regulating the Military Establishment of the United States.4 That the commissioned officers hereinafter mentioned, and the number of one thousand two hundred and sixteen non-commissioned officers, privates, and musicians, shall be raised for the service of the United States, for the period of three years, unless they should previously by law be discharged. SEC. 2. That the non-commissioned officers and privates aforesaid, shall, 1 Repealed by chap. 10, sec. 14, 30 April, 1790. 4 Repealed and supplied by the act of 3 March, 1795, chap. 44, which recognized and continued the then existing establishment. 2 Ante. 3 Ante. at the time of their enlistments, respectively, be able-bodied men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of forty-six years. SEC. 3. That the commissioned officers hereinafter mentioned, and the said non-commissioned officers, privates, and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one battalion of artillery. The regiment of infantry to be composed of one lieutenant-colonel commandant, three majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon's mates, and twelve companies, each of which shall consist of one captain, one lieutenant, one ensign, four sergeants, four corporals, sixty-six privates, and two musicians. The battalion of artillery shall be composed of one major commandant, one adjutant, one quartermaster, one paymaster, one surgeon's mate, and four companies; each of which shall consist of one captain, two lieutenants, four sergeants, four corporals, sixty-six privates, and two musicians: Provided always, That the adjutants, quartermasters, and paymasters, shall be appointed from the line, of subalterns of the aforesaid corps, respectively. SEC. 4. That the President of the United States may, from time to time, appoint one or two inspectors, as to him shall seem meet, to inspect the said troops, who shall also muster the same, and each of whom shall receive the like pay and subsistence as a captain, and be allowed $10 per month for forage. SEC. 5. That the troops aforesaid shall receive for their services the following enumerated monthly rates of pay: Lieutenant-colonel commandant, $60; major commandant of artillery, $45; majors, $40; captains, $30; lieutenants, $22; ensigns, $18; surgeons, $30; surgeon's mates, $24; sergeants, $5; corporals, $4; privates, $3; senior musicians in each battalion of infantry, and in the battalion of artillery, $5; musicians, $3: Provided always, That the sums hereinafter specified, shall be deducted from the pay of the non-commissioned officers, privates, and musicians, stipulated as aforesaid, for the purposes of forming a fund for clothing and hospital stores: From the monthly pay of each sergeant and senior musician, there shall be deducted, for uniform clothing, the sum of $1.40, and the further sum of 10 cents for hospital stores; and from the monthly pay of each corporal, for uniform clothing, $1.15, and the further sum of 10 cents for hospital stores; and from the monthly pay of each private and musician, for uniform clothing, the sum of 90 cents, and the further sum of 10 cents for hospital stores. SEC. 6. That the subalterns who may be appointed to act as adjutants, shall each receive for the same, in addition to their regimental pay, $10 per month; and quarter and pay masters, so appointed, each $5 per month. SEC. 7. That the commissioned officers aforesaid shall receive, for their daily subsistence, the following number of rations of provisions, to wit: Lieutenant-colonel commandant, six; a major, four; a captain, three; a lieutenant, two; an ensign, two; a surgeon, three; a surgeon's mate, two; or money in lieu thereof, at the option of the said officers, at the contract price at the posts, respectively, where the rations shall become due. SEC. 8. That the commissioned officers hereinafter described, shall receive, monthly, the following enumerated sums, instead of forage: Lieutenantcolonels commandant, $12; major commandant of artillery, majors, and surgeons, each, $10; surgeon's mates, each, $6. SEC. 9. That every non-commissioned officer, private, and musician, aforesaid, shall receive, annually, the following articles of uniform clothing: One hat, or helmet, one coat, one vest, two pair of woollen and linen overalls, four pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, and one pair of buckles. SEC. 10. That every non-commissioned officer, private, and musician, aforesaid, shall receive, daily, the following rations of provisions, or the value thereof: 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, or the value thereof, at the contract price where the same shall become due, 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. SEC. 11. That if any commissioned 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 for such wounds or disabilities shall never exceed, for the highest disability, half the monthly pay received by any commissioned officer, at the time of being so wounded or disabled; 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 only a sum in proportion to the highest disability. SEC. 12. That every commissioned 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 all their enemies or opposers whomsoever, and to observe and obey the orders of the President of the United States of America, and the orders of the officers appointed over me, according to the articles of war." SEC. 13. That the commissioned 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, as far as the same may be applicable to the constitution of the United States, or by such rules and articles as may hereafter by law be established. 1 SEC. 14. That the "act for recognizing, and adapting to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned," passed the 29th September, 1789, be, and the same is hereby, repealed: Provided, always, That the non-commissioned officers and privates, continued and engaged under the aforesaid act of the 29th September, 1789, and who shall decline to re-enlist under the establishment made by this act, shall be discharged whenever the President of the United States shall direct the same: Provided further, That the whole number of non-commissioned officers, privates, and musicians, in the service of the United States at any one time, either by virtue of this act, or by virtue of the aforesaid act, passed the 29th September, 1789, shall not exceed the number of one thousand two hundred and sixteen. SEC. 15. That for the purpose of aiding the troops now in service. or to be raised by this act, in protecting the inhabitants of the frontiers of the United States, the President is hereby authorized to call into service, from time to time, such part of the militia of the states, respectively, as he may 1 See Rules and Articles of War. 2 Chapter 25, ante. judge necessary for the purpose aforesaid; and that their [Approved, April 30, 1790.] CHAPTER 28.-Approved, 3d March, 1791, Vol. 1, p. 222. An Act for raising and adding another regiment to the military establishment of the United States, and for making farther provision for the protection of the frontiers.1 That there shall be raised an additional regiment of infantry, which, exclusive of the commissioned officers, shall consist of nine hundred and twelve non-commissioned officers, privates, and musicians. SEC. 2. That the said regiment shall be organized in the same manner as the regiment of infantry described in the act, entitled "An act for regulating the military establishment of the United States."2 SEC. 3. That the troops aforesaid, by this act to be raised, including the officers, shall receive the same pay and allowances, be subject to the same rules and regulations, and be engaged for the like term, and upon the same conditions, in all respects, excepting the bounty hereinafter mentioned, as are stipulated for the troops of the United States, in the before-mentioned act. SEC. 4. That each non-commissioned officer, private, and musician, who has enlisted, or shall enlist, pursuant to the act aforesaid, or who shall enlist pursuant to this act, shall be entitled to receive $6 as a bounty. SEC. 5. That in case the President of the United States should deem the employment of a major-general, brigadier-general, a quartermaster, and chaplain, or either of them, essential to the public interest, that he be, and he hereby is, empowered, by and with the advice and consent of the Senate, to appoint the same accordingly. And a major-general so appointed, may choose his aid-de-camp, and a brigadier-general his brigade-major, from the captains, or subalterns, of the line: Provided always, That the major-general and brigadier-general, so to be appointed, shall, respectively, continue in pay during such term only, as the President of the United States, in his discretion, shall deem it requisite for the public service. SEC. 6. That in case a major-general, brigadier-general, quartermaster, aid-de-camp, brigade-major, and chaplain, should be appointed, their pay and allowances shall be, respectively, as herein mentioned: the majorgeneral shall be entitled to $125, monthly pay, $20 allowance for forage, monthly, and for daily subsistence fifteen rations, or money in lieu thereof, at the contract price. The brigadier-general shall be entitled to $94, monthly pay, with $16 allowance for forage, monthly, and for daily subsistence twelve rations, or money in lieu thereof, at the contract price. That the quartermaster shall be entitled to the same pay, rations, and forage, as the lieutenant-colonel commandant of a regiment. That the aid-de-camp be entitled, including all allowances, to the same pay, rations, and forage, as a 1 Repealed and supplied by act of 3 March, 1795, chap. 44. major of a regiment. That the brigade-major be entitled, including all allowances, to the same pay, rations, and forage, as a major of a regiment. That the chaplain be entitled to $50 per month, including pay, rations, and forage. SEC. 7. That if, in the opinion of the President, it shall be conducive to the good of the service, to engage a body of militia to serve as cavalry, they furnishing their own horses, arms, and provisions, it shall be lawful for him to offer such allowances, to encourage their engaging in the service, for such time, and on such terms, as he shall deem it expedient to prescribe. SEC. 8. That if the President should be of opinion that it will be conducive to the public service, to employ troops enlisted under the denomination of levies, in addition to, or in place of, the militia which, in virtue of the powers vested in him by law, he is authorized to call into the service of the United States, it shall be lawful for him to raise, for a term not exceeding six months, (to be discharged sooner, if the public service will permit,) a corps, not exceeding two thousand non-commissioned officers, privates, and musicians, with a suitable number of commissioned officers. And in case it shall appear probable to the President, that the regiment directed to be raised by the aforesaid act, and by this act, will not be completed in time to prosecute such military operations as exigencies may require, it shall be lawful for the President to make a substitute for the deficiency, by raising such farther number of levies, or by calling into the service of the United States, such a body of militia as shall be equal thereto. SEC. 9. That the President be, and he hereby is, empowered to organize the said levies, and alone to appoint the commissioned officers thereof, in the manner he may judge proper. SEC. 10. That the commissioned and non-commissioned officers, privates, and musicians, of the militia, or said corps of levies, shall, during the time of their service, be subject to the rules and articles of war; and they shall be entitled to the same pay, rations, and forage, and in case of wounds or disability in the line of their duty, to the same compensation as the troops of the United States. SEC. 11. That the non-commissioned officers, privates, and musicians, of the said corps of levies, shall be entitled to receive such proportional quantity of clothing, as their time of service shall bear to the annual allowance of clothing to the troops of the United States, subject, however, to a proportional deduction from their pay. SEC. 12. That each of the non-commissioned officers, privates, and musicians, of the said levies, shall be entitled to receive three dollars as a bounty. SEC. 13. That in case the nature of the service, upon which the troops of the United States may be employed, should require a greater number of surgeon's mates, than are provided for in the before-mentioned act, the President of the United States may engage, from time to time, such additional number of surgeon's mates as he shall judge necessary. SEC. 14. That the commissioned officers, who shall be employed to recruit men for the said regiments, shall be entitled to receive, for every recruit who shall be duly enlisted and mustered, the sum of $2. SEC. 15 appropriates $312,686 20 to carry this act into effect, and [Approved, March 3, 1791.] |