The brigadiergeneral may choose his brigade-major and inspector from the commissioned of ficers of the line Pay and allow. ances as estab lished by law, to CHAPTER 33. An act to amend the act, entitled "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 it enacted by the Senate and House of Representalives of the United States of America, in Congress assembled, That the brigadier-general who is now, or may hereafter be, in the service of the United States, be, and he hereby is, authorized to choose his brigade-major and inspector, or either of them, from the commissioned officers in the line of the army; and that so much of the second section of the act, entitled "An act to amend and repeal, in part, the act, entitled 'An act to ascertain and fix the military establishment of the United States,"" as confines the choice of brigade-major and inspector to the captains and subalterns of the line, be, and' the same is hereby repealed. SEC. 2. And be it further enacted, That the accounting officers of the treasury shall allow to major Cushing the monthly major Cushing, pay, rations, forage, and allowances, for the same, as established by law, for an inspector, during the time he has acted in said capacity by appointment of General Wilkinson. as inspector. [Approved, May 22, 1798. ] The President may, on the an army of 10,000 men, for three years. CHAPTER 34. An act authorizing the President of the United States to raise a provisional army.f SEC. 1. Be it enacted by the Senate and House of Represenevents mentioned tatives of the United States of America, in Congress assembled, taking place, raise That the President of the United States be, and he is hereby, authorized, in the event of a declaration of war against the United States, or, of actual invasion of their territory, by a foreign power; or of imminent danger of such invasion discovered, in his opinion, to exist, before the next session of Congress, to cause to be enlisted, and to call into actual service, a number of troops, not exceeding ten thousand non-commissioned officers, musicians, and privates, to be enlisted for a term not exceeding three years; each of whom shall be entitled to receive a Bounty of $10. bounty of ten dollars, one half on enlisting, and the other half on joining the corps to which he may belong. The President SEC. 2. And be it further enacted, That the President be, may organize the and he is hereby, authorized to organize, with a suitable num *Repealed by act of 16th March, 1802, chap. 49-For the act amended, see chap. 27. Repealed by act of 16th March, 1802,-See chapter 49-See also chapter 43, in connexion with this act. point officers, in ber of major-generals, and conformably to the military estab- troops, and aplishment of the United States, the said troops into corps of ar- the recess of the tillery, cavalry, and infantry, as the exigencies of the service Senate, &c. may require; and, in the recess of the Senate, alone, to appoint the other troops the commissioned officers. The appointment of the field offi- Appointment of field officers, to be cers to be submitted to the advice and consent of the Senate at submitted to the their next subsequent meeting. The commissioned, and non- The troops to be Senate, &c. commissioned officers, musicians, and privates, raised in pur- on the footing of suance of this act, shall be subject to the rules and articles of of the United war, and regulations for the government of the army, and be States, bounty exentitled to the same pay, clothing, rations, forage, and all other emoluments, bounty excepted, and in case of wounds or disability, received in service, to the same compensation, as the troops of the United States are by law entitled. cepted. may accept of voltion to the troops coramissioned of SEC. 3. And be it further enacted, That, in addition to the The President aforesaid number of troops, the President is hereby empowered, unteers, in addiat any time within three years after the passing of this act, if, authorized by this in his opinion, the public interest shall require, to accept of any act, appoint their company or companies of volunteers, either of artillery, caval- ficers, &c. ry, or infantry, who may associate and offer themselves for the service, who shall be armed, clothed, and equipped, at their own expense, and whose commissioned officers the President is hereby authorized to appoint; who shall be liable to be called The volunteers upon to do military duty, at any time the President shall judge on to perform duty proper, within two years after he shall accept the same; and within two years, when called into actual service, and while remaining in the Volunteers in acsame, shall be under the same rules and regulations, and shall tual service on the be entitled to the same pay, rations, forage, and emoluments of other troops,bounty and clothing exevery kind, excepting bounty and clothing, as the other troops to cepted. be raised by this act. may be called up &c. same footing as lunteers for loss of SEC. 4. And be it further enacted, That in case any such Allowance to vovolunteer, while in actual service, and in the line of his duty, horses, &c. sustains any damage, by injury done to his horse, arms, or equipage, or by loss of the same, without any fault or negligence on his part, a reasonable sum, to be ascertained in such manner as the President shall direct, shall be allowed for each and every such damage or loss. SEC. 5. And be it further enacted, That whenever the Pre- The President may appoint a lieutensident shall deem it expedient, he is hereby empowered to ap- ant-general. point, by and with the advice and consent of the Senate, a commander of the army which may be raised by virtue of this act, and who, being commissioned as lieutenant-general,* may be authorized to command the armies of the United States, and shall be entitled to the following pay and emoluments, viz: two His pay and emo!hundred and fifty dollars monthly pay, fifty dollars monthly allowance for forage, when the same shall not be provided by the United States, and forty rations per day, or money in lieu thereof, at the current price, who shall have authority to appoint, from time to time, such number of aids, not exceeding The title of lieutenant-general abolished, by act of 3d March, 1799-see chap. 43, sec. 9. uments. ries. Aide and secreta- four, and secretaries, not exceeding two, as he may judge proper, each to have the rank, pay, and emoluments of a lieutenant-colonel. The President spector general. ments of major. SEC. 6. And be it further enacted, That, whenever the Premay appoint an insident shall deem it expedient, he is hereby empowered, by and with the advice and consent of the Senate, to appoint an inspector-general, with the rank of major-general; and the majorgenerals and inspector-general shall, each, be entitled to the Pay and emolu- following pay and emoluments, viz: one hundred and sixtygenerals and in- Six dollars monthly pay, twenty dollars monthly allowance. spector-general. for forage, when the same is not provided by the United States, and fifteen rations per day, or money in lieu thereof, at the current price; and shall be, and they are hereby, authorized to They may appoint appoint two aids, each of whom shall have the rank, pay, and emoluments of a major. And at the time aforesaid, the President is further empowered, by and with the advice and consent of the Senate, to appoint an adjutant-general, who shall have may appoint a the rank, pay, and emoluments of a brigadier-general. And the President is hereby authorized, alone, to appoint, from time Assistant inspect- to time, when he shall judge proper, assistant-inspectors, to rate portion of the every separate portion of the army, consisting of one or more army; and inspect- divisions, who shall be deputy adjutant-generals thereof, respectors to each spectively, and who shall be taken from the line of the army, brigade and corps. and allowed, in addition to their pay, eight dollars per month; aids, &c. The President adjutant-general. ors to every sepa ors and sub-in Also, a quarter player general ral, and paymas physician-geneter-general. emoluments. and, likewise, to appoint inspectors, and sub-inspectors to each brigade and corps, of every description, at his discretion, taking them from the line of the army, and they shall each receive, while acting in said capacity, an additional pay or six dollars per month. SEC. 7. And be it further enacted, That in case the President shall judge the employment of a quartermaster-general, physician-general, and paymaster-general, or either of them, essential to the public interest, he is hereby authorized, by and with the advice and consent of the Senate, to appoint the same accordingly, who shall be entitled to the rank, pay, and emoluments, which follow, viz: quartermaster-general, the rank, Their pay and pay, and emoluments of a lieutenant-colonel; physician-general, and paymaster-general, each, the pay and emoluments of a Proviso; the Pre- lieutenant-colonel; Provided, That in case the President shall sident may make the appointments judge it expedient to appoint a commander of the army, an inmentioned in the spector-general, adjutant-general, quartermaster-general, physician-general, and paymaster-general, or either of them, in the recess of the Senate, he is hereby authorized to make any or all of said appointments, and grant commissions thereon, which shall expire at the end of the next session of the Senate thereafter. recess, &c. tary establishment Former laws re- SEC. 8. And be it further enacted, That the laws of the specting the mili: United States respecting the regulations and emoluments of reof the U. States, cruiting officers, punishment of persons who shall procure or persons, matters, entice a soldier to desert, or shall purchase his arms, uniform, extended to the clothing, or any part thereof; and the punishment of every the meaning of commanding officer of any ship or vessel, who shall receive on and things, within board his ship or vessel, as one of his crew, knowing him to this act. have deserted, or otherwise carry away, any soldier, or refuse to deliver him up to the orders of his commanding officer, and the law respecting the oath or affirmation to be taken by officers, non-commissioned officers, musicians, and privates, and respecting the inserting of conditions in the enlistments, and all other laws respecting the military establishment of the United States, excepting in such cases where different and specific regulations are made by this act, shall be in force, and apply to all persons, matters, and things, within the intent and meaning of this act, in the same manner as they would, were they inserted at large in the same. may discharge the part, of the offi ed, under this act, with the public SEC. 9. And be it further enacted, That the commander The President of the army, inspector-general, adjutant-general, quartermaster- whole, or any general, physician-general, and paymaster-general, and the gen- cers and soldiers eral, field, and commissioned officers, who may be appointed by raised or acceptvirtue of this act, shall, respectively, continue in commission when consistent during such term only as the President shall judge requisite for safety. the public service; and that it shall be lawful for the President to discharge the whole, or any part, of the troops, which may be raised, or accepted, under the authority of this act, whenever he shall judge the measure consistent with the public safety. or staff officer to for actual service. SEC. 10. And be it further enacted, That no commissioned No commissioned or staff officer, who shall be appointed by virtue of this act, be entitled to pay shall be entitled to receive pay or emoluments until he shall be or emolument but called in actual service, nor for any longer time than he shall continue therein: Provided, nothing in this section shall be Proviso; as to reconstrued to prevent captains and subalterns from receiving pay and emoluments while employed in the recruiting service: And Proviso: no enprovided also, That no enlistment shall take place by virtue of three years. this act, after three years from the passing thereof. corps, cruiting service. listment after may loan field arcorps, disposed to SEC. 11. And be it further enacted, That it shall be lawful The President for the President of the United States, at his discretion, upon tillery to militia the request of militia any established by law, in any state, inform themselves disposed to inform themselves in the use of artillery, or of the in its use, &c. executive of any state, in behalf of such corps, to suffer to be loaned to them, such pieces, not exceeding two to any one corps, of the field artillery of the United States, as may be most conveniently spared, to be taken, removed, and returned, at the expense of the party requesting; who are to be accountable for the same, and to give receipts accordingly. tillery, arms, and militia or volun in actual service. SEC. 12. And be it further enacted, That the President of And, also, field arthe United States shall be, and he is hereby, authorized, when, accoutrements, to under his orders, any portion of the militia, or any volunteer teer corps called corps, shall be called forth and engaged in the actual service of forth and engaged the United States, to suffer to be loaned, at the request of the executive of the state from which. such militia shall be called forth, or of such volunteer corps, appearing to be unavoidably deficient, a supply of field artillery, arms, and accoutrements, The President may procure certain equipage for cavalry, which may be likewise loaned, from the arsenals of the United States, as the case may require; proper receipts and security being given to be accountable to return the same, the accidents of the service excepted. SEC. 13. And be it further enacted, That the President of Ithe United States shall be, and he is hereby, authorized to cause to be purchased and procured a quantity of caps, swords, or sabres, and pistols with holsters, not exceeding what may be sufficient for four thousand cavalry, and to be deposited in the parts of the United States where he shall deem it most convenient for the supply of any corps of cavalry which shall be called into the actual service of the United States, and which the President of the United States may loan, upon the terms, and the like receipts, to be accountable, as hereinbefore provided: and, for this purpose, and towards defraying the expenses which may be necessarily incurred before the next session of Congress, in executing the other purposes of this act, a Appropriation of sum, not exceeding two hundred thousand dollars, shall be, and purposes of this is hereby, appropriated, and shall and may be paid at the treasury, under the orders of the President of the United States, out of any money not already appropriated. $200,000 for the act. Privates exempt from arrest for of service. arrest of soldiers for debt, &c. to grant writs of habeas corpus, hear and examine SEC. 14. And be it further enacted, That the private soldebt or contract, diers who are, and who shall be enlisted and employed in the during their term service of the United States, shall be, and they are hereby, exempted, during their term of service, from all personal arrests, for any debt or contract. And whenever any soldier shall be Judges, &c. upon arrested, whether by mesne process, or in execution, contrary to the intent hereof, it shall be the duty of the judge of the district court of the district in which the arrest shall happen, and of any justice of the supreme court of the United States, and of any court or judge of a state, who, by the laws of such state, are authorized to issue writs of habeas corpus, respectively, on application, by any officer of the corps in which such soldier shall be engaged, to grant a writ of habeas corpus, returnable before himself; and, upon due hearing and examination, in a summary manner, to discharge the soldier from such arrest, taking common bail, if required, in any case upon mesne process, and commit him to the applicant, or some other officer of the same corps. the cases, and discharge, &c. [Approved, May 28, 1798.] Volunteers to ob serve the rules to CHAPTER 35. An act supplementary to, and to amend, the act, entitled "An act authorizing the SEC. 1. Be it enacted by the Senate and House of Represenbe fixed by the tatives of the United States of America, in Congress assembled, That the companies of volunteers, and the members of each President for * For original act, see preceding chapter. |