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CHAPTER 27.

An act to amend and repeal, in part, the act, entitled “An act to ascertain and

fix the military establishment of the United States.”

Sec. 1. Be enacted by the Senate and House of Repre- The sections and sentatives of the United States of America, in Congress as- part of sections sembled, That the third section of the act, passed the thirtieth mentioned, reof May, one thousand seven hundred and ninety-six, entitled “An act to ascertain and fix the military establishment of the United States,"* together with all other parts thereof, which relate to provision made for the major-general and his staff, be repealed: and that all such parts of the said act, together with so much of the twenty-third section, as may be construed to affect the brigadier, and the whole of the eleventh section of the said act be, and are hereby repealed.

SEC. 2. And be it further enacted, That there shall be one One brigadierbrigadier-general, who may choose his brigade-major and in- general, &c. spector from the captains and subalterns in the line, (to each of whom there shall be allowed the monthly pay of twenty-five dollars, in addition to his pay in the line, and two rations extraordinary per day; and, whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof.) That there shall be one judge-advocate, who shall be taken A judge-advocate, from the commissioned officers of the line, and shall be entitled &c. to receive two rations extra per day, and twenty-five dollars per month, in addition to his pay in the line; and whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof.

Sec. 3. And be it further enacted, That there shall be one A quartermaster quartermaster general, and one paymaster general, who shall master general, receive the same pay and emoluments, respectively, which those officers have heretofore been allowed by law.

Sec. 4. And be it further enacted, That from and after the Monthly pay of thirtieth day of June next, the monthly pay of the lieutenants ensigas. shall be thirty dollars, and that of the ensigns twenty-five dol- Double rations to lars: That to the brigadier, while commander-in-chief, and to while contandeach officer, while commanding a separate post, there shall be en wachies, and allowed twice the number of rations to which they would other-commanding sepawise be entitled.

Sec. 5. And be it further enacted, That the majors be en- Majors entitled to titled to receive four rations per day, for their subsistence.

Sec. 6. And be it further enacted, That to each commis- Each comenissionsioned officer, who may have been deranged under the act to cd, etc., to receive ascertain and fix the military establishment of the United 6 months' pay, &c. States," there shall be paid the amount of six months' pay and subsistence.

[ Approved, March 3, 1797.]

&c.

lietilenants and

rate posts.

four rations per day

* See chapter 26.

CHAPTER 28.

An act to provide for the further defence of the ports and harbors of the

United States. *

1

fying ports and harbors.

Fund for defray

States indebted to

Sec. 1. Be it enacted by the Senate and House of Represen$115,000 appro

tatives of the United States of America, in Congress assembled, priated for forti. That for fortifying certain ports and harbors of the United

States, there be appropriated a sum not exceeding one hundred and fifteen thousand dollars.

Sec. 2. And be it further enacted, That the said appropriaing the expense. tion shall be paid and discharged out of the surplus of the

revenue and income beyond the appropriations heretofore charged thereon.

SEC. 3. And be it further enacted, That the President of the the United States United States be, and he is hereby, empowered to authorize any pend balances due, of the states which were found indebted to the United States, in and to have credit a settlement of the accounts between them and the respective

states, to expend, under his direction, the sums respectively due from them, in fortifying their ports and harbors; and the sums which may be so expended, shall be passed to the credit of the said states, on account of the balances found and reported, by the commissioners for settling the accounts between the United States and the individual states, to be due from the said states

to the United States: Provided, The said states shall and do cession of sites of 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 such states.

[ Approved, June 23, 1797.]

therefor.

Proviso; as

to

CHAPTER 29.
An act to provide for the widows and orphans of certain deceased officers.

Sec. 1. Be it enacted by the Senate and House of Represen1994, extended to tatives of the United States of America, in Congress assembled, the widows, &c, That the provisions for widows and orphans of commissioned who have died by officers of the troops of the United States, contained in the received since 4th first section of the law passed on the seventh day of June, March, 1789.

Provisions of the act ,

one thousand seven hundred and ninety-four, entitled “An act in addition to the act making further and more effectual provision for the protection of the frontiers of the United States,"I be, and the same are hereby, extended to the widows and orphan children of commissioned officers of the troops of the United States, and of the militia, who have died by reason of wounds received since the fourth day of March,

* See supplemental act, chapter 31.

This proviso repealed by act of 3d May, 1798_see chapter 31, section 3. I See chapter 22, section 1.

one thousand seven hundred and eighty-nine, in the actual ser- Provided applicavice of the United States: Provided, application shall be made within two years, within two years after the end of the present session of Congress.

[ Approved, March 14, 1798.]

CHAPTER 30.

An act to provide an additional regiment of artillerists and engineers. *

.

Sec. 1. Be it enacted by the Senate and House of Represen- An additional re: tatives of the United States of America, in Congress assembled, five years, &c. That an additional regiment of artillerists and engineers shall and may be engaged, by voluntary enlistments, to serve for the term of five years, unless sooner discharged, and to be organized as follows, that is to say: there shall be one lieutenant-Organization of colonel commandant, one adjutant, one surgeon, and three battalions, each to consist of one major, one adjutant and paymaster, one surgeon's mate, and four companies, of one captain, two lieutenants, two cadets, with the pay, clothing, and rations, Organization of a of a sergeant, four sergeants, four corporals, forty-two privates, company. sappers and miners, ten artificers, to serve as privates, and two musicians, in each company.

Sec. 2. And be it further enacted, That the additional regi- The regiment to ment which shall be raised, pursuant to this act, shall be consid- a part of the miliered as a part of the military establishment of the United States, text. for the time being; and the commissioned officers, non-commissioned 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 correspon- Bounty, pay, al

lowances, &c. dent ranks, as are, or shall be, by law, authorized and provided for the other parts of the same establishment, and shall be gov. erned by the same rules and articles of war, and shall be armed and accoutred in such manner as the President of the United The regiment States shall direct, and shall and may be employed by him, in by the President detachments, or otherwise, in the field, or the fortifications the public serie upon the sea coast, as, in his opinion, the public service shall to require. require.

Sec. 3. And be it further enacted, That the secretary of war Necessary books, shall provide, at the public expense, under the direction of the at the public exPresident of the United States, all necessary books, instruments, pense. and apparatus, for the use and benefit of the said regiment.

[Approved, April 27, 1798.]

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Repealed and supplied by act of 16th March, 1802—see chapter 49, sections 1, 2, 26 and 29.

CHAPTER 31.

An act supplementary to the act providing for the further defence of the ports and

harbors of the United States.*

fications.

Slates indebted to the United States

250,000 dollars Sec. 1. Be it enacted by the Senate and House of Represenpriated core porte tatives of the United States of America, in Congress assembled,

That a sum not exceeding two hundred and fifty thousand dollars, 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. And be it further enacted, That where any state inishing fortifica- which was found indebted to the United States, by the report tipuri de torbave 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 twentieth day of March, one thousand seven hundred and ninety-four, 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 Proviso; no ex- found and reported, as aforesaid: Provided, That no expending balance due to ture exceeding the balance found and reported against the respecbe allowed, &c. tive 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. And be it further enacted, That these words of the of 230 June, 1797,

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

Proviso of the act

repealed.

* Original, act of 234 June, 1797, chapter 28.
† See chapter 28.
# See chapter 28, sec. 3.

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 32.

An act to enable the President of the United States 10 procure cannon, arms, and

ammunition; and for other purposes.*

small arms, &c.

Sec. 1. Be it enacted by the Senate and House of Represen- 800,000 dollars tatives of the United States of America, in Congress assembled, purchase cannon, That a sum, not exceeding eight hundred thousand dollars, shall be, and hereby is, appropriated, and shall and may

be paid out of any moneys not before appropriated, 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. And be it further enacted, That the President of the President the United States be, and he is hereby, authorized, in case he foundries and arshall find it impracticable to procure by purchase, with certainty mories, &c. 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 artizans 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 Account of exforming and employing these establishments, and of the cannon faid before con and arms which shall be cast and manufactured therein, re- gress, annually. spectively, 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. And be it further enacted, That the sum of one hun- 100,000 dollars dred thousand dollars shall be, and hereby is, appropriated, and peppupated Com shall be paid out of any moneys not before appropriated, for the this act. hire, purchase, and employ, of the said foundries and armories, respectively, in case such establishments shall be found necessary, as hereinbefore provided.

[Approved, May 4, 1798.]

* See act of ad April, 1794, chap. 19; also chaps. 47, and 59.

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