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thorized to orga nize volunteers, &c.

months, &c., out of their state.

Sec. 6. And be it further enacted, That the President of the President authe United States be authorized to organize all such companies of volunteers, as have been, or shall be, accepted by him pursuant to the act, entitled “An act authorizing the President of the United States to raise a provisional army,

1* into regiments, brigades, and divisions, and to appoint all officers thereof, agreeably to the organization prescribed by law for the army of the United States: And the said volunteers shall not be Volunteers not compelled to serve out of the state in which they reside, a longer than three longer time than three months after their arrival at the place of" rendezvous.

Sec. 7. And be it further enacted, That it shall be lawful The volunteers for the President of the United States to call forth and employ forih, &c., for all the said volunteers in all the cases, and to effect all the purpo- in the race mention ses, for which he is authorized to call forth and employ the mi-ed, &c. litia, by the act, entitled “An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for these purposes.”+

Sec. 8. And be it further enacted, That it shall not be law- The President noe ful for the President of the United States to accept a greater number of volunnumber of the said volunteers, in any of the states or territories teers in any of the of the United States, than is hereinafter apportioned to them, here apportioned, respectfully; that is to say: To New Hampshire, three thousand; to Massachusetts, ten thousand; to Rhode Island, one thousand; to Vermont, two thousand; to Connecticut, five thousand; to New York, seven thousand; to New Jersey, five thousand; to Pennsylvania, ten thousand; to Delaware, one thousand; to Maryland, five thousand; to Virginia, ten thousand; to Kentucky, one thousand; to North Carolina, seven thousand; to Tennessee, one thousand: to South Carolina, four thousand; to Georgia, fifteen hundred; to North Western Territory, one thousand; and to Mississippi Territory, five hundred.

Sec. 9. And be it further enacted, That for the execution $2,000,000 approof this act, if it shall be found necessary to carry it, or any part execution of this of it, into effect, there be appropriated the sum of two millions act. of dollars; and that the President be authorized to borrow, on behalf of the United States, the said sum, or so much thereof as row money, &c. he shall deem necessary, which the bank of the United States is hereby empowered to lend) and upon such terms and conditions, as he shall judge most advantageous to the United States: Provided, That such terms and conditions, shall not restrain the Proviso; the U. United States from paying off the sum which may be borrowed, the sum borrowed after the expiration of fifteen years.

Sec. 10. And be it further enacted, That so much as may Surplus of duties be necessary of the surplus of the duties on imports and ton- the interese paydo nage, beyond the permanent appropriations heretofore charged principal of the upon them by law, shall be, and hereby is, pledged and appropriated for paying the interest of all such moneys as may be

The President authorized to bor

after 15 years.

Ioan, &c.

* See chapter 34.

See Appendix, chapter 3.

borrowed pursuant to this act, according to the terms and conditions on which the loan, or loans, respectively, may be effected; and also for paying, by discharging, the principal sum or sums of any such loan or loans, according to the terms and con

ditions to be fixed as aforesaid. The powersvested

Sec. 11. And be it further enacted, That the powers, by by the 1st and 24 the first and second sections of this act vested in the President

of the United States, shall cease at the expiration of the session act, to cease, &c., wo less continued' of Congress next ensuing the present, unless they shall be, by by law. some future law, continued in force for a longer time.

[ Approved, March 2, 1799. ]

sections of this

CHAPTER 41.

An act authorizing an augmentation of the Marine corps.*

The President au

enlistment men

Sec. 1. Be it enacted by the Senate and House of Representhorized to aug. tatives of the United States of America, in Congress assembled, coşps by the ap. That the President of the United States shall be, and he is herepointments and

by, authorized to cause the marine corps in the service of the tioned, &c.

United States to be augmented, by the appointment and enlistment of not exceeding two first lieutenants, six second lieutenants, eight surgeons, one hundred and seventy privates, and eighteen drums and fifes, who shall be respectively, allowed the same pay, bounty, clothing, and rations, and shall be employed under the same rules and regulations, to which the said marine corps are or shall be entitled and subject.

[Approved, March 2, 1799.]

CHAPTER 42.

An act authorizing the President of the United States to fill certain vacancies

in the army and navy.

The President au

fill certain vacancies in the army

and navy.

Sec. .1. Be it enacted by the Senate and House of Represenappointments, to tatives of the United States of America, in Congress assembled,

That the President of the United States shall be, and he is hereby, authorized to make appointments to fill any vacancies in the army and navy, which may have happened during the present session of the Senate.

(Approved, March 3, 1799.)

See chapter 36.

CHAPTER 43.

An act for the better organizing of the troops of the United States, and for other

purposes. *

the troops.

fantry,

Sec. 1. Be it enacted by the Senate and House of Represen- Organization of tatives of the United States of America, in Congress assembled, That the troops heretofore authorized, and which hereafter may be authorized, to be raised, shall be composed and organized as follows, to wit: A regiment of infantry shall consist of one A regiment of inlieutenant-colonel commandant, two majors, first and second, one adjutant, one quartermaster, and one paymaster, each being a lieutenant, one surgeon, and two surgeon's mates, ten captains, ten first and ten

second lieutenants, besides the three lieutenants before mentioned, ten cadets, two sergeant-majors, two quartermaster-sergeants, two chief musicians, first and second, twenty other musicians, forty sergeants, forty corporals, and nine hundred and twenty privates, which, together, shall form two battalions, each battalion of five companies : A regiment A regiment of ca

valry. of cavalry shall consist of one lieutenant-colonel commandant, two majors, a first and second, one adjutant, one quartermaster, and one paymaster, each being a lieutenant; one surgeon, and two surgeon's mates, ten captains, ten first and ten second lieutenants, besides the three lieutenants before mentioned, ten cadets, two sergeant-majors, two quartermaster-sergeants, two chief musicians, first and second, ten other musicians, forty sergeants, forty corporals, and nine hundred and twenty privates, including ten saddlers, ten blacksmiths, and ten boot makers; which, together, shall form five squadrons, each squadron of two companies: A regiment of artillery shall consist of A regiment of arone lieutenant-colonel commandant, four majors, one adjutant, one quartermaster, and one paymaster, each being a lieutenant; one surgeon, and two surgeon's mates, sixteen captains, thirtytwo lieutenants, besides the three lieutenants before mentioned, thirty-two cadets, four sergeant majors, four quartermastersergeants, sixty-four sergeants, sixty-four corporals, one chief musician, ten other musicians, eight hundred and ninety-six privates, including one hundred and twenty-eight artificers, which, together, shall form four battalions, each battalion of four companies: Provided, always, That the number of pri- Proviso; the vates raised, and to be raised, for the regiment of cavalry, and for cavalry, &c. the regiments of infantry heretofore authorized, shall not ex- not to exceed, &c. ceed the number, respectively, for which provision hath been made by law; nor shall the battalion of riflemen, nor the two The battalion of additional troops of cavalry authorized by this act, be raised, to be raised, unless until further provision shall be so made, unless war shall break out between the United States and some European prince, potentate, or state, in which case it shall be lawful for the Pre

war shall break

out, &c.

* Repealed and supplied by act of 16th March, 1802, chapter 49, so far as it conflicts with the provisions of that act. Sections 8, 22, 23, and 24, do not appear to come within the operation of the repealing clause.

nets to be denomi

ants.

service, &c.

sident of the United States, at his discretion, to cause the said regiments, or any of them, to be severally completed to their

full establishment. Ensigns and cor- Sec. 2. And be it further enacted, That every ensign and nated 22 lieuten- cornet, in the regiments heretofore appointed, shall be denomi

nated hereafter second lieutenants. Compensation of Sec. 3. And be it further enacted, That the officers, noncommissioned of commissioned officers, and privates, hereinafter mentioned, ficers and privates who now are, or at any time hereafter may be, in the actual

service of the United States, shall be entitled to, and shall receive the following compensations, to wit: a major-general, one hundred and sixty-six dollars per month, and fifteen rations of provisions per day, or an equivalent in money; and when forage shall not be furnished by the United States, the further sum of twenty dollars per month. A brigadier-general, one hundred and four dollars per month, twelve rations per day, or an equivalent in money, and sixteen dollars per month for forage, when not furnished as aforesaid. A lieutenant-colonel commandant, seventy-five dollars per month, six rations per day, or an equivalent in money, and twelve dollars for forage, when not furnished as aforesaid. A major of artillery or cavalry, each, fifty-five dollars per month, four rations per day, or an equivalent in money, and ten dollars per month for forage, when not furnished as aforesaid. A major of infantry, fifty dollars per month, four rations per day, or an equivalent in money, and ten dollars per month for forage, when not furnished as aforesaid. A captain of cavalry, forty dollars per month, three rations per day, or an equivalent in money, and eight dollars per month for forage, when not furnished as aforesaid. A captain of artillery, and infantry, forty dollars per month, and three rations per day, or an equivalent in money. A first lieutenant of cavalry, thirty dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid. Lieutenants of artillery, each, thirty dollars per month, and two rations per day, or an equivalent in money. A second lieutenant of cavalry, twenty-five dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid. A first lieutenant of infantry, thirty dollars per month, and two rations per day, or an equivalent in money.

A second lieutenant of infantry, twentyfive dollars per month, and two rations per day, or an equivalent in money. A regimental surgeon, forty-five dollars per month, three rations per day, or an equivalent in money, and ten dollars per month for forage, when not furnished as aforesaid. A surgeon's mate, thirty dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid. A regimental paymaster, quartermaster, and adjutant, in addition to their pay in the line, each, ten dollars, and six dollars per month for forage, when not furnished as aforesaid. A cadet of cavalry,

&

&c.

ten dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid. All other cadets, ten dollars per month, and two rations per day, or an equivalent in money. A sergeant-major, and a quartermaster-sergeant, each, ten dollars per month. A chief musician, eight dollars per month. A sergeant, eight dollars per month. A corporal, seven dollars per month. A musician, six dollars per month. An artificer to the infantry and artillery, a farrier, saddler, and boot maker to the dragoons, each, ten dollars per month. A private soldier, five dollars per month. And to each of the said non-commissioned officers and privates, one ration of provisions per day.

Sec. 4. And be it further enacted, That all non-commis- Non-commissionsioned officers, artificers, privates, and musicians, who are, and a teljes pri who shall be, enlisted, and the non-commissioned officers, arti- empted from perficers, privates, and musicians, of the militia, or other corps, who at any time may be in the actual 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 non-commissioned officer, artificer, In case of arrests, private, or musician, shall be arrested, whether by mesne pro- sue habeas corpus, cess, or in execution, contrary to the intent hereof, it shall be examine, &c. and the duty of the judge of the district court of the United States, to some officers, 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 an officer, to grant a writ of habeas corpus, returnable before himself: and upon due hearing and examination, in a summary manner, to discharge the non-cominissioned officer, artificer, private, or musician, 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.

Sec. 5. And be it further enacted, That each non-commis- Non-commissionsioned officer, private, artificer, and musician, who shall here- vates, &c. to be after be enlisted for the army of the United States, shall be able able bodied, &c. bodied, and of a size and age suitable for the public service, according to the directions which the President of the United States shall and may establish ; and shall be entitled to a bounty of twelve dollars : but the payment of four dollars thereof shall Bounty of $12. be deferred until he shall have joined the army. And each commissioned officer, who shall be employed in the recruiting service, shall be entitled to receive, for each such non-commissioned officer, and private, and artificer, and for each sufficient ing officer, for musician, duly enlisted and mustered, the sum of two dollars, listing, &c. the same being in full compensation for his extra expenses in the execution of this service.

Sec. 6. And be it further enacted, That when any officer When officers are shall be detached from a regiment, to serve as an aid to a gen- as aids, &c. their eral officer, or as assistant or other inspector, or as an assistant pline destino par to the quartermaster-general, by whatsoever name, or as an as- tions or newapsistant to the adjutant-general, by whatsoever name, the place poid:lmenta, c of such officer in his regiment shall be supplied, by promotion

$2 to the recruit

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