MILITARY LAWS

OF THE

UNITED STATES.

CHAPTER 7.-Approved, August 7, 1789.-Vol. 1, p. 49.

An Act to establish an Executive Department to be denominated the Department of War.1

1. Department of War established-Secretary thereof his duties to include naval and military affairs-Secretary subject to the President's instructions. 2. Chief Clerk of the Department of War-his duties. 3. Oath of office of Secretary of War and his clerks.

THAT there shall be an Executive Department to be denominated the Department of War; and that there shall be a prin

1 An Ordinance for ascertaining the powers and duties of the Secretary of War. In Congress, 27 January, 1785. That the powers and duty of the Secretary of War shall be as follows, to wit: To examine into the present state of the troops, ordnance, arms, ammunition, clothing and supplies of the troops of these States, and report the same to Congress: to keep exact and regular returns of all the forces of these States, and of all the military stores, equipments and supplies in the magazines of the United States, or in other places for their use, and to receive into his care, from the officers in whose possession they may be, all such as may be requisite for the military service; and for keeping up competent magazines, and to report the same to the Commissioners of the Treasury of the United States, that measures may be taken in due time for procuring the same; to prepare estimates for paying and recruiting the troops of these United States; to carry into effect all ordinances and resolves of Congress for raising and equipping troops for the service of the United States, and for inspecting the said troops; and to direct the arrangement, destination and operation of such troops as are or may be in service, subject to the orders of Congress or of the Committee of the States in the recess of Congress; to make out, seal and countersign the commissions of all such military officers as shall be employed in the service of the United States; to take order for the transportation, safe keeping and distributing the necessary supplies for such troops and garrisons as may be kept up by the United States. He shall appoint and remove at pleasure all persons employed under him, and shall be responsible for their conduct in office; all which appointments shall be immediately certified to Congress, and such certificate, or the substance thereof, registered in a book to be kept for that purpose in the office of the Secretary of Congress. He shall keep a public and convenient office in the place where Congress shall reside. He shall, at least once a year, visit all the magazines and deposits of ' public stores, and report the state of them with proper arrangements to Congress, and shall twice a year, or oftener if thereto required, settle the accounts of his department. That as well the Secretary of War as his assistants or clerks, before they shall

cipal officer therein, to be called the Secretary for the Department of War, who shall perform and execute such duties as shall, from time to time, be enjoined on, or entrusted to him, by the President of the United States, agreeable to the constitution, relative to military commissions, or to the land or naval forces, ships or warlike stores, of the United States, or to such other matters respecting military or naval affairs, as the President of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs: and furthermore, that the said principal officer shall conduct the business of the said department in such manner as the President of the United States shall, from time to time, order or instruct.*

SEC. 2. That there shall be in the said department, an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the department of war, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books and papers, appertaining to the said department.

SEC. 3. That the said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office, or employment, take an oath or affirmation well and faithfully to execute the trust committed to him.

SEC. 4. That the Secretary for the department of war, to be appointed in consequence of this act, shall, forthwith after his appointment, be entitled to have the custody and charge of all records, books and papers, in the office of secretary for the department of war, heretofore established by the United States in Congress assembled.

[Approved, August 7, 1789.]

enter on the duties of their office, shall respectively take and subscribe an oath or affirmation of fidelity to the United States, and for the faithful execution of the trust reposed in them; and which oaths or affirmations shall be administered by the Secretary of Congress, and a certificate thereof filed in his office.

The Secretary of War, as the legitimate organ of the President, under a general authority from him, may exercise the power, and make the allowance to officers having a separate command. Parker vs. U. S. 1 Peters, 296.

2 Conferred on Secretary of Navy, 30 April, 1798, chap. 35.

3 Now transferred to Interior Department.

4 An Assistant Secretary of War to be appointed, by sec. 1, chap. 42, August 3, 1861, and two more for one year, by chap. 9, January 22, 1862.

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.*

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: