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(Chap. 8, March 23, 1796, provided pensions for militiamen wounded or disabled in service before 4 March, 1789, if application therefor were made one year after the then ensuing session of Congress.]
CHAPTER 25.-- Approved, May 12, 1796.–Vol. 1, p. 463.
An Act allowing compensation for horses killed in battle belonging to officers of the
army of the United States, 1
That every officer in the army of the United States, whose duty requires him to be on horseback in time of action, and whose horse shall be killed in battle, be allowed a sum not exceeding $200, as a compensation for each horse so killed.
Sec. 2. That the provision contained in this act shall have retrospective operation, so far as the 4th day of March, in the year 1789: Provided, That no person shall receive payment for any horse so killed, until he make satisfactory proof to the secretary of war, that the horse, for which he claims 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.
Sec. 3. That the proof of the value of such horse shall be by the affidavit of the quartermaster of the corps to which the owner may belong, or of two other credible witnesses,
CHAPTER 39.-Approved, May 30, 1796.– Vol. 1, p. 463.
An Act to ascertain and fix the military establishment of the United States.? 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;" 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, four 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.
Sec. 2. That each regiment of infantry shall consist of one lieutenantcolonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, eight captains, eight lieutenants, 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 Pre
1 See chap. 10, 9 April, 1816, and 3 March, 1849.
sident 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. That there shall be one major-general, with two aids-de-camps ; one brigadier-general, who may choose his brigade-major from the captains or subalterns of the line; which brigade-major shall receive the monthly pay of $24, 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 $10 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. That the President of the United States cause to be arranged, the officers, non-commissioned officers, privates, and musicians, of the legion of the United States, and light dragoons, in such manner as to form and complete out of the same the four regiments aforesaid, and two companies of light dragoons: And the supernumerary officers, privates, and musicians, shall be considered, from and after the last day of October next, discharged from the service of the United States.
Sec. 5. That the corps of artillerists and engineers be completed, conformably to the act of the 8th day of May, 1794, establishing the same, and prescribing the number and term of enlistments, and the method of organization,
Sec. 6. 'That the commissioned officers, who shall be employed in the recruiting service, to keep up by enlistments the corps of artillerists, infantry, and dragoons aforesaid, shall be entitled to receive, for every able-bodied recruit, duly enlisted and mustered, of at least five feet six inches in height, and not under the age of eighteen, nor above the age of forty-six years, the sum of $2.
Sec. 7. That there shall be allowed and paid to each soldier now in the service of the United States, or discharged therefrom subsequent to the 3d day of March, 1794, who shall re-enlist for the term of five years, unless sooner discharged, a bounty of $16; and to each person not now in the army of the United States, or discharged, as above, who shall hereafter enlist for the term aforesaid, a bounty of $14; but the payment of $4 of the bounty of each and every man so enlisting, shall be deferred, until he shall have joined the corps in which he is to serve.
Sec. 8. That every non-commissioned officer, private, and musician, of the artillery and infantry, shall receive, annually, the following articles of uniform clothing, to wit: one hat, one coat, one vest, two pair of woollen and two 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.
Sec. 9. That suitable clothing be provided for the dragoons, adapted to the nature of the service, and conformed, as near as may be, to the value of the clothing allowed to the infantry and artillery.
Sec. 10. That every non-commissioned officer, private, and musician, shall receive, daily, the following rations of provisions, to wit: one pound of beef, or three-quarters of a pound of pork, one pound of bread or four, half a gill of rum, brandy, or whiskey; 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.
See chap. 24, 9 May, 1794.
Sec. 11. Provided always, That to those in the military service of the United States, who are, 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.
Sec. 12. That the monthly pay of the officers, non-commissioned officers, musicians, and privates, of the military establishment, be as follows: & major-general, $166; a brigadier-general, $104; quartermaster, inspector, and paymaster generals, each, in addition to their pay in the line, $25: principal artificer, $10; second artificer, $26; lieutenant-colonel commandant, $75; major of artillery and of dragoons, $55; major of infantry, $50; paymaster, adjutant, and regimental quartermaster, in addition to their pay in the line, $10; captain, $40; lieutenants, $26; ensigns and cornets, $20; surgeons, $45; surgeon's mates, $30; sergeant-majors, and quartermaster-sergeants, $8; senior musicians, $7; sergeants, $7; corporals, $6; musicians, $5; privates, $4; artificers allowed to the infantry and artillery, farriers and saddlers to the dragoons, each, $9; matrons and nurses in the hospital, $8.
Sec. 13. That the commissioned 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, inspector, and paymaster generals, each, six rations; and each aid-decamp shall receive the monthly pay of $24, 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 $10 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 officers, 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 contraets, and the position of the place in question.
Sec. 14. That the officers hereinafter described shall, whenever forage shall not be furnished by the public, receive at the rate of the following enumerated sums, per month, instead thereof, to wit: a major-general, $20; a brigadier-general, $16; quartermaster, inspector, and paymaster generals, each, $12; lieutenant-colonel commandaut, $12; major, $10; captain of dragoons, $8: lieutenant and cornet, each, $6: surgeon, $10; sur, geon's mate, $6; principal artificer, paymaster, adjutant, and regimental quartermaster, each, $6.
Sec. 15. That every person who shall procure or entice a soldier, in the service of the United States, to desert, or who shall purchase from any soldier, his arms, uniform clothing, or any part thereof; and every captain or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be tined, at the discretion of the court, in any sum not exceeding $300, or be imprisoned, for any term not exceeding one year.
Sec. 16. That no non-commissioned officer, or private, shall be arrested, or subject to arrest, for any debt under the sum of $20.
Sec. 17. That if any non-commissioned officer, musician, or private, shall
FOURTH CONGRESS, First Session, Ch. 39, 1796. 117
desert from the service of the United States, he shall, in addition to the penalties mentioned in the Rules and Articles of War, be liable to serve for and during such a period as shall, with the time he may have served previous to his desertion, amount to the full term of his ensistment, and such soldier shall and may be tried and sentenced by a regimental or garrison court-martial, although the term of his enlistment may have elapsed previous to his being apprehended or tried.
Sec. 18. That the sentences of general courts-martial, in time of peace, extending to the loss of life, the dismission of a commissioned officer; or which shall, either in time of peace or war, respect a general officer, shall, with the whole of the proceedings in such cases, respectively, 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. That if any 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 compensation to be allowed for such wounds or disabilities, to a commissioned 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-commissioned officers, privates, and musicians, shall never exceed $5 per month: And provided also, That all inferior disabilities shall entitle the person so disabled, to receive an allowance proportionate to the highest disability.
Sec. 20. That the 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,” (except 80 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 be by law established.
Sec. 21. That every officer, non-commissioned officer, private, and musician, aforesaid, shall take and subscribe the following oath or affirmation, 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 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 him, according to the rules and articles of war."
Sec. 22. That so much of any act or acts, now in force, as comes within the purview of this act, shall be, and the same is hereby, repealed: saving, nevertheless, 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.
Sec. 23. That the general staff, as authorized by this act, shall continue in service until the 4th day of next March, and no longer.
[Approved, May 30, 1796.)
See 31 May, 1786, art. 2, and Rules and Articles of War, art. 65. 2 See 20 Sept. 1776, and its supplements.
CHAPTER 16.–Approved, March 3, 1797.—Vol. 1, p. 507.
An Act to amend and repeal, in part, the act entitled “ An Act to ascertain and fix
the Military Establishment of the United States."!
That the third section of the act, passed the 30th of May, 1796, 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. That there shall be one brigadier-general, who may choose his brigade-major and inspector from the captains and subalterns in the line, (to each of whom there sball be allowed the monthly pay of $25, 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 $10 per month in lieu thereof.) That there shall be one judge-advocate,+ who shall be taken from the commissioned officers of the line, and shall be entitled to receive two rations extra per day, and $25 per month, in addition to his pay in the line ; and whenever forage shall not be furnished by the public, to $10 per month in lieu thereof. ·
Sec. 3. That there shall be one quartermaster-general, and one paymaster-general, who shall receive the same pay and emoluments, respectively, which those officers have heretofore been allowed by law.
Sec. 4. That from and after the 30th day of June next, the monthly pay of the lieutenants shall be $30, and that of the ensigns $25: that to the brigadier, while commander-in-chief, and to each officer, while commanding a separate post, there shall be allowed twice the number of rations to which they would otherwise be entitled.
Sec. 5. 'That the majors be entitled to receive four rations per day, for their subsistence.
Sec. 6. That to each commissioned officer, who may have been deranged under the act " to ascertain and fix the military establishment of the United States,"6 there shall be paid the amount of six months' pay and subsistence.
CHAPTER 3.-Approved, June 23, 1797.-Vol. 1, p. 521.
An Act to provide for the further defence of the ports and harbors of the United States.'
That for fortifying certain ports and harbors of the United States, there be appropriated a sum not exceeding $115.000.
1 Superseded by act of 2 March, 1821, chap. 13. 2 See act 30 May, 1796, chap. 39 3 Repealed by act 22 May, 1798, but see 16 March, 1802. 4 See 2 March, 1849, sect. 4. 5 See sec. b, chap. 186, 23 Aug., 1842, and note.
6 Chap. 39. 7 See supplemental act, 3 May, 1798.