vates, &c. for three

years.

1,216 non-commis- That the commissioned officers hereinafter mentioned, and the sioned officers, pri- 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.

Height and age.

5 feet 6 inches.

One regiment of infantry, and a bat

regiment of infan

SEC. 2. And be it further enacted, That the non-commissioned officers and privates aforesaid, shall, 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. And be it further enacted, That the commissioned talion of artillery. 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 battaComposition of the lion 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, Composition of the four corporals, sixty-six privates, and two musicians. The batbattalion of artil

try.

lery.

talion 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 Proviso as to ap- 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.

pointments from the line.

SEC. 4. And be it further enacted, That the President of the United States may, from time to time, appoint one or two inInspectors; their spectors, as to him shall seem meet, to inspect the said troops, duty, &c. who shall also muster the same, and each of whom shall receive the like pay and subsistence as a captain, and be allowed ten dollars per month for forage.

Pay of the troops.

SEC. 5. And be it further enacted, That the troops aforesaid shall receive for their services the following enumerated monthly rates of pay: Lieutenant-colonel commandant, sixty dollars; major commandant of artillery, forty-five dollars; majors, forty dollars; captains, thirty dollars; lieutenants, twenty-two dollars; ensigns, eighteen dollars; surgeons, thirty dollars; surgeon's mates, twenty-four dollars; sergeants, five dollars; corporals, four dollars; privates, three dollars; senior musicians in each battalion of infantry, and in the battalion of artillery, five dollars; Proviso; as to de- musicians, three dollars: Provided always, That the sums ing and hospital hereinafter specified, shall be deducted from the pay of the noncommissioned 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 one dollar and forty cents, and the farther sum of ten cents for hospital stores; and from the monthly pay of each corporal, for uniform clothing, one dollar and fifteen cents, and

ductions for cloth

stores,

the further sum of ten cents for hospital stores; and from the monthly pay of each private and musician, for uniform clothing, the sum of ninety cents, and the further sum of ten cents for hospital stores.

subalterns acting as

SEC. 6. And be it further enacted, That the subalterns who Additional pay of may be appointed to act as adjutants, shall each receive for the adjutants, &c. same, in addition to their regimental pay, ten dollars per month; and quarter and paymasters, so appointed, each five dollars per

month.

SEC. 7. And be it further enacted, That the commissioned Rations of commisofficers aforesaid shall receive, for their daily subsistence, the sioned officers. following number of rations of provisions, to wit: Lieutenant

colonel commandant, six; a major, four; a captain, three; a Money for rations. 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. And be it further enacted, That the commissioned Money instead of officers hereinafter described, shall receive, monthly, the following enumerated sums, instead of forage: Lieutenant-colonels commandant, twelve dollars; major commandant of artillery, majors, and surgeons, each ten dollars; surgeon's mates, each, six dollars.

for non-commis

SEC. 9. And be it further enacted, That every non-commis- Uniform clothing sioned officer, private, and musician, aforesaid, shall receive sioned officers, annually, the following articles of uniform clothing: One hat, or privates, &c. helmet, one coat, one vest, two pair of woolen and linen overalls, four pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, and one pair of buckles.

commissioned off

of.

SEC. 10. And be it further enacted, That every non-commis- Rations for nonsioned officer, private and musician, aforesaid, shall receive, cers, privates, &c. daily, the following rations of provisions, or the value thereof: One pound of beef, or three quarters of a pound of pork, one or the value therepound 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.

lids.

SEC. 11. And be it further enacted, That if any commis- Pensions to invasioned 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 Proviso; as to 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 five dollars per month: And provided also, That all inferior disabilities shall Proviso; as to

amount of pension,

nferior disabilities. entitle the person so disabled, to receive only a sum in proportion to the highest disability.

Officers, privates, &c. to take an oath.

SEC. 12. And be it further enacted, That every commissioned officer, non-commissioned officer, private and musician, aforesaid, shall take and subscribe the following oath or affirmation, Form of the oath. 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

Troops to be go

verned by the rules

&c.

war.

SEC. 13. And be it further enacted, That the commissioned and articles of war, 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.

Act of the 29th Sept. 1789, repealed.

officers and pri

SEC. 14. And be it further enacted, 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 twenty-ninth day of September, one thousand seven hundred and eighty-nine, be, and the same is hereby, repealed: Provided always, That the non-commisNon commissioned sioned officers and privates, continued and engaged under the vates, declining to aforesaid act of the twenty-ninth day of September, one thousand seven hundred and eighty-nine, 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 nontroops not to ex- 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 day of September, one thousand seven hundred and eighty-nine, shall not exceed the number of one thousand two hundred and sixteen.

re-enlist, may be discharged, &c.

Proviso; the

whole number of

ceed 1,216.

President may call

regular troops, &c.

SEC. 15. And be it further enacted, That for the purpose of militia, in aid of the 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 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 abovementioned, and they shall be subject to the rules and articles of war.

[Approved, April 30, 1790.]

* See chapter 2, with its supplements, 3, 4, 6, and 8.

† See chapter 11.

CHAPTER 13.

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.*

SEC. 1. Be it enacted by the Senate and House of Represen- An additional retatives of the United States of America, in Congress assembled, giment of 912 men. 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.

the regiment.

SEC. 2. And be it further enacted, That the said regiment Organization of 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."

SEC. 3. And be it further enacted, That the troops aforesaid, Pay, allowances, by this act to be raised, including the officers, shall receive the regulations, term 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 beforementioned act.

ment.

SEC. 4. And be it further enacted, That each non-commis- Bounty for enlistsioned 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 six dollars as a bounty.

pointed at the

ap

SEC. 5. And be it further enacted, That in case the President Officers to be of the United States should deem the employment of a major- President's disgeneral, brigadier-general, a quartermaster, and chaplain, or eretion. 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- Aids-de-camp, general his brigade-major, from the captains, or subalterns, &c. of the line: Provided always, That the major-general and bri- Proviso; as to gadier-general, so to be appointed, shall, respectively, continue major and brigain pay during such term only, as the President of the United dier-generals. States, in his discretion, shall deem it requisite for the public

service.

brigade-majors,

term of pay of

ces:

SEC. 6. And be it further enacted, That in case a major-gen- Pay and allowaneral, brigadier-general, quartermaster, aid-de-camp, brigademajor, and chaplain, should be appointed, their pay and allowances shall be, respectively, as hereinmentioned: the major-gen- to major-general: eral shall be entitled to one hundred and twenty-five dollars, monthly pay, twenty dollars 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 to brigadier-gene

* Repealed and supplied by act of 3d March, 1795—see chapter 24. †See chapter 12, section 3.

ral;

ninety-four dollars, monthly pay, with sixteen dollars allowance for forage, monthly, and for daily subsistence twelve rations, or to quartermaster: 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 to aid-de-camp: ⚫aid-de-camp be entitled, including all allowances, to the same pay, rations, and forage, as a major of a regiment. That the to brigade-major: 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 fifty dollars per month, including pay, rations, and forage.

to chaplain.

President may employ militia, cavalry, &c.

President may em

ploy levies in ad&c.,

SEC. 7. And be it further enacted, 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. And be it further enacted, That if the President should dition, or in place be of opinion that it will be conducive to the public service, to of militia, & employ troops enlisted under the denomination of levies, in adceeding six months. dition 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.

In case the regiment authorized cannot be comple

ted in time, the supply the defi

President may

ciency by levies and militia.

Organization and

cers of levies.

SEC. 9. And be it further enacted, That the President be, and commissioned offi- he hereby is, empowered to organize the said levies, and alone to appoint the commissioned officers thereof, in the manner he may judge proper.

Militia and levies

and articles of war,

&c.

SEC. 10. And be it further enacted, That the commissioned subject to the rules 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.

Levies entitled to proportional

ing, &c.

SEC. 11. And be it further enacted, That the non-commisquantity of cloth- sioned 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.