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for each horse killed.

The provision in this act to have

killed, unul he

horseback in time requires him to be on horseback in time of action, and whose of action, &c. al. horse shall be killed in battle, be allowed a sum not exceed

ing two hundred dollars, as a compensation for each horse so killed.

Sec. 2. And be it further enacted, That the provision conretrospective ope- tained in this act shall have retrospective operation, so far as manich, 1789. Ath the fourth day of March, in the year one thousand seven hunProviso; no per- dred and eighty-nine: Provided, That no person shall receive meut for any horse payment for any horse so killed, until he make satisfactory proof make satisfactory

to the secretary of war, that the horse, for which he claims proof, &c.

compensation, was actually killed under such circumstances as to entitle him to this provision, in all cases which have heretofore taken place, within one year after the end of the present session of Congress; and in all cases which may take place hereafter, within one year after such horse shall have been

killed. Proof of value,&c. Sec. 3. And be it further enacted, That the proof of the

value, of such horse shall be, by the affidavit of the quartertwo other credi- master of the corps to which the owner may belong, or of two other credible witnesses.

(Approved, May 12, 1796.]

the affidavit of the quartermaster, or

CHAPTER 26.

An act to ascertain and fix the military establishment of the United States.*

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the military establishment of the United States, from and after the last day of October next, be composed of the corps of artillerists and engineers, as established by the act, entitled “An act providing for raising and organizing a corps of artillerists and engineers;'f two companies of light dragoons, who shall do duty on horse or foot, at the discretion of the President of the United States; and four regiments of infantry, of eight companies each; the company of dragoons shall consist of one captain, two lieutenants, one cornet, four sergeants, foul corporals, one farrier, one saddler, one trumpeter, and fifty-two privates; and shall be armed and accoutred in such manner as the President of the United States

may

direct. Onganization of a Sec. 2. And be it further enacted, That each regiment of fantry, infantry shall consist of one lieutenant-colonel commandant, two

majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, eight captains, eight lieutenants,

regiment of in

* See act of 3d March, 1797, chapter 27, and 16th July, 1798, chapter 37; also act of 16th March, 1802, chapter 49, which repealed and supplied this and the abovementioned acts.

† See chapter 20.

&c.

eight ensigns, two sergeant-majors, two quartermaster sergeants, two senior musicians, thirty-two sergeants, thirty-two corporals, sixteen musicians, and four hundred and sixteen privates: Provided always, That the President 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. And be it firther enacted, That there shall be one A major-general, major-general, with two aids-de-camp; one brigadier general, brigadier-general

, who may choose his brigade-major from the captains or subalterns &e. of the line; which brigade-major shall receive the monthly pay Additional pay of of twenty-four dollars, in addition to his pay in the line, be en-brigade-major, titled to four rations of provisions for his daily subsistence; and, whenever forage shall not be furnished by the public, to ten dollars 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. And be it further enacted, That the President of The President to the United States cause to be arranged, the officers, non-com- and privates of missioned officers, privates, and musicians, of the legion of the be arranged so as United States, and light dragoons, in such manner as to form fou.complete the and complete out of the same the four regiments aforesaid, and &c. out of theni. two companies of light dragoons: And the supernumerary offi- The supernumercers, privates, and musicians, shall be considered, from and after aries to be considthe last day of October next, discharged from the service of the charged, United States.

Sec. 5. And be it further enacted, That the corps of artil- The corps of arlerists and engineers be completed, conformably to the act of gineers to be com the eighth day of May, one thousand seven hundred and ninety-pleted, &c. four, establishing the same, and prescribing the number and term of enlistments, and the method of organization.*

Sec. 6. And be it further enacted, That the commissioned Commissioned of officers, who shall be employed in the recruiting service, to keep recruiting to rem up, by enlistments, the corps of artillerists, infantry and dra-ceive 2 dollars for goons, aforesaid, shall be entitled to receive, for every able- listed of the de bodied recruit, duly enlisted and mustered, of at least five feet ed. six inches in height, and not under the age of eighteen, nor above the age of forty-six years, the sum of two dollars.

Sec. 7. And be it further enacted, That there shall be al- 16 dollars bounty lowed and paid to each soldier now in the service of the United listing for five States, or discharged therefrom subsequent to the third day of years, &c. March, one thousand seven hundred and ninety-four, who shall re-enlist for the term of five years, unless sooner discharged, a bounty of sixteen dollars; and to each person not now in the army of the United States, or discharged, as above, who shall A bounty of $14 hereafter enlist for the term aforesaid, a bounty of fourteen en persons moting dollars; but the payment of four dollars of the bounty of each The payment of

scription mention

*See chapter 20.

dollars of the
bounty deferred,
&c.
Non-commission-

,

ed.

Daily rations of

non-commissioned

&c.

Additional allow

, .

and every man so enlisting, shall be deferred, until he shall have joined the

corps

in which he is to serve. Sec. 8. And be it further enacted, That every non-commisvates, &c. or the sioned officer, private, and musician, of the artillery and infantry, Brilleryandeceive shall receive, annually, the following articles of uniform clothing, annually, the ar to wit: 'one hat, one coat, one vest, two pair of woollen and two clothing mention-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. Suitable clothing Sec. 9. And be it further enacted, That suitable clothing the dragoons, &c be provided for the dragoons, adapted to the nature of the ser

vice, and conformed, as near as may be, to the value of the clothing allowed to the infantry and artillery,

Sec. 10. And be it further enacted, That every non-comprovisions for

missioned officer, private, and musician, shall receive, daily, officers, privates, 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, iwo pounds of soap, and one pound of candles, to every hundred rations.

Sec. 11. Provided always, and be it further enacted, That ance of provisions to those in the military service of the United States, who are, ployed on the wes: 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. Monthly pay of SEC. 12. And be it further enacted, That the monthly pay diers, &c.

of the officers, non-commissioned oflicers, musicians, and privates, of the military establishment, be as follows: a majorgeneral, one hundred and sixty-six dollars; a brigadier-general, one hundred and four dollars; quartermaster, inspector, and paymaster generals, each, in addition to their pay in the line, twentyfive dollars; principal artificer, forty dollars; second artificer, twenty-six dollars; lieutenant-colonel commandant, seventy-five dollars; major of artillery and of dragoons, fifty-five dollars; major of infantry, fifty dollars; paymaster, adjutant, and regimental quartermaster, in addition to their pay in the. line, ten dollars; captain, forty dollars; lieutenants, twenty-six dollars; ensigns and cornets, twenty dollars; surgeons, forty-five dollars; surgeon's mates, thirty dollars; sergeant-majors, and quartermaster-sergeants, eight dollars; senior musicians, seven dollars; sergeants, seven dollars; corporals, six dollars; musicians, five dollars; privates, four dollars; artificers allowed to the infantry and artillery, farriers and saddlers, to the dragoons, each nine dollars; matrons and nurses in the hospital, eight dollars.

Sec. 13. And be it further enacted, That the commissioncommissioned of ed 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,

officers and sol

Rations, &c. for

Sicers,

ficers mentioned,

inspector, and paymaster generals, each, six rations; and each aid-de-camp shall receive the monthly pay of twenty-four dollars, 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 ten dollars 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 oflicers, 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. And be it further enacted, That the officers here- Monthly allowinafter described shall, whenever forage shall not be furnished forage, to the ofby the public, receive at the rate of the following enumerated sums, per months, instead thereof, to wit: a major-general, twenty-dollars; a brigadier-general, sixteen dollars; quartermaster, inspector, and paymaster generals, each, twelve dollars; lieutenant-colonel commandant, twelve dollars; major, ten dollars; captain of dragoons, eight dollars; lieutenant and cornet, each, six dollars; surgeon, ten dollars; surgeon's mate, six dollars; principal artificer, paymaster, adjutant, and regimental quartermaster, each, six dollars.

Sec. 15. And be it further enacted, That every person who Not exceeding shall procure or entice a soldier, in the service of the United 300 dolls, fine or States, to desert, or who shall purchase, from any soldier, his scimento daiento arms, uniform clothing, or any part thereof; and every captain desert; purchasor commanding officer of any ship or vessel, who shall enter on or for a captain board such ship or vessel, as one of his crew, knowing him to ing a deserter have deserteil, or otherwise carry away any such soldier, or shall among his crew, 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 three hundred dollars, or be imprisoned, for any term not exceeding one year.

Sec. 16. And be it further enacted, That no non-commis- No non-commissioneil officer, or private, shall be arrested, or subject to arrest, and privates subfor

any debt under the sum of twenty dollars.

Sec. 17. And be it further enacted, That if any non-com- Non-commismissioned officer, musician, or private, shall desert from the ser- privates desertvice of the United States, he shall

, in addition to the penalties no liable, in admentioned in the rules and articles of war, be liable to serve, for ties, &c. to serve and during such a period as shall, with the time he may have will amount to served previous to his desertion, amount to the full term of his enlistment; and enlistment, and such soldier shall and may be tried and sen- may be tried, al

, tenced by a regiinental, or garrison court-martial, although the term of his enlistment may have elapsed previous to his being apprehended or tried.

SEC. 18. Ani be it further enacted, That the sentences of Sentences of general courts-martial, in time of peace, extending to the loss martial, in time

ject to arrest for à sum under $20.

of

peace,

before the President, &c.

Officers and soldiers wounded in

on the list of invalids, &c.

Proviso; the

not to exceed
hall
pay,

&c.

"

ed officers and

per month.

extend- of life, the dismission of a commissioned officer; or which ince, or which, in shall, either in time of peace or war, respect a general officer, Peacect a general shall, with the whole of the proceedings in such cases, respecoficer, to ve laid tively, 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.*

Sec. 19. And be it further enacted, That if any officer, the time of duty" non-commissioned officer, private, or musician, aforesaid, shall &c. to be placed 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 rate of compens to be allowed for such wounds or disabilities, to a commissioned missioned oficer 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-commisnon-commission- sioned officers, privates, and musicians, shall never exceed five privates, not to

Jollars per month: And provided also, That all inferior disabilexceed five dolls. ities shall entitle the person so disabled, to receive an allowance

proportionate to the highest disability.

Sec. 20. And be it further enacted, That the officers, non

commissioned oflicers, privates, and musicians, aforesaid, shall of war, except, be governed by the rules and articles of war which have been

established by the United States, in congress assembled, t (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 by law be established.

Sec. 21. And be it further enacted, That every officer, noncommissioned officer, private, and musician, aforesaid, shall

take and subscribe the following oath or affirmation, to wit: Form of the oath. «« I, A B, do solemnly swear, or afirm, (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 me, according to the rules and articles of war.”

Sec. 22. And be it further enacted, That so much of any view of this act, act or acts, now in force, as comes within the purview of this repealed ; saving, act, shall be, and the same is hereby, repealed: saving, never

theless, 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. The general staff, Sec. 23. And be it further enacted, That the general staff,

as authorized by this act, shall continue in service until the the 4th March, fourth day of next March, and no longer.

[ Approved, May 30, 1796.]

Officers and sol-
diers to be go-
verned by the
rules and articles
of
&c.

Officers and sol-
diers to take and
subscribe an
oath.

Acts in force, and within the pur

&c.

&c. to continue in service until

* See chap. 8, art. 2, and rules and articles of war, chap. 53, art. 65. + See chapter 2, and its supplements.

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