SEC. 2. That the said appropriation shall be paid and discharged out of the surplus of the revenue and income beyond the appropriations heretofore charged thereon.

SEC. 3. That the President of the United States be, and he is hereby, empowered to authorize any of the states which were found indebted to the United States, in 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, That said states shall and do 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.1

[Approved, June 23, 1797.]

CHAPTER 15.-Approved, March 14, 1798.-Vol. 1, p. 540.

An Act to provide for the widows and orphans of certain deceased officers. That the provisions for widows and orphans of commissioned officers of the troops of the United States, contained in the first section of the law passed on the 7th day of June, 1794, entitled An act in addition to the act making further and more effectual provision for the protection of the frontiers of the United States," 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 4th day of March, 1789, in the actual service of the United States: Provided, application shall be made within two years after the end of the present session of Congress.

CHAPTER 33.-Approved, April 27, 1798.-Vol. 1, p. 552.

An Act to provide an additional regiment of artillerists and engineers,3 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-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 of a sergeant, four sergeants, four corporals, forty-two privates, sappers and

1 This proviso repealed by act of 3 May, 1798, sec. 3.

2 See 7 June, 1794, chap. 52.

3 Repealed and supplied by act of 16 March, 1802, chap. 9, sections 1, 2, 26, and 29.

miners, ten artificers, to serve as privates, and two musicians, in each company.

SEC. 2. That the additional regiment which shall be raised, pursuant to this act, shall be considered as a part of the military establishment of the United States, for the time being; and the commissioned officers, noncommissioned 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 correspondent ranks, as are, or shall be, by law, authorized and provided for the other parts of the same establishment, and shall be governed by the same rules and articles of war, and shall be armed and accoutred in such manner as the President of the United States shall direct, and shall and may be employed by him, in detachments, or otherwise, in the field, or the fortifications upon the sea-coast, as, in his opinion, the public service shall require.

SEC. 3. That the secretary of war shall provide, at the public expense, under the direction of the President of the United States, all necessary books, instruments, and apparatus, for the use and benefit of the said regiment.

[Approved, April 27, 1798.]

CHAPTER 37.-Approved, May 3, 1798.-Vol. 1, p. 554.

An Act supplementary to the Act providing for the further defence of the ports and harbors of the United States.1

That a sum not exceeding $250,000, 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 neces

sary.

SEC. 2. That where any state which was found indebted to the United States, by the report 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," well the previous expenditures, made since the 20th day of March, 1794, 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 found and reported, as aforesaid: Provided, That no expenditure exceeding the balance found and reported against the

'Original act of 23 June, 1797, chap. 3.

as

2 See original act.

respective 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. That these words of the 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 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 38.-Approved, May 4, 1798.-Vol. 1, p. 555.

An Act to enable the President of the United States to procure cannon, arms, and ammunition; and for other purposes. 2

That a sum, not exceeding $800,000, 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. That the President of the United States be, and he is hereby, authorized, in case he shall find it impracticable to procure by purchase, with certainty 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 artisans 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 forming and employing these establishments, and of the cannon and arms which shall be cast and manufactured therein, respectively, 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. That the sum of $100,000 shall be, and hereby is, appropriated, and shall be paid out of any moneys not before appropriated, for the hire, purchase, and employ, of the said foundries and armories, respectively, in case such establishments shall be found necessary, as herein before provided.

1 See original act.

2 See act of 2 April, 1794, chap. 14; also chap. 46, 7 May, 1800, and chap. 55, 23 April, 1808.

CHAPTER 46.-Approved, May 22, 1798.—Vol. 1, p. 557

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.' "2

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. That the accounting officers of the treasury shall allow to Major Cushing the monthly 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.

CHAPTER 47.-Approved, May 28, 1798.-Vol. 1, p. 558.

An Act authorizing the President of the United States to raise a provisional army.3

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, one half on enlisting, and the other half on joining the corps to which he may belong.

SEC. 2. That the President be, and he is hereby, authorized to organize, with a suitable number of major-generals, and conformably to the military establishment of the United States, the said troops into corps of artillery, cavalry, and infantry, as the exigencies of the service may require; and, in the recess of the Senate, alone, to appoint the commissioned officers. The appointment of the field officers to be submitted to the advice and consent of the Senate at their next subsequent meeting. The commissioned and non-commissioned officers, musicians, and privates, raised in pursuance of this act, shall be subject to the rules and articles of war, and regulations for the government of the army, and be entitled 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.

SEC. 3. That, in addition to the aforesaid number of troops, the President is hereby empowered, at any time within three years after the passing of

1 Chap. 16, 3 March, 1797.

2 Repealed by 16 March, 1802, chap. 9, sec. 3, post.

3 Repealed by 16 March, 1802, chap. 9.

this act, if, in his opinion, the public interest shall require, to accept of any company or companies of volunteers, either of artillery, cavalry, 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 upon to do military duty, at any time the President shall judge proper, within two years after he shall accept the same; and when called into actual service, and while remaining in the same, shall be under the same rules and regulations, and shall be entitled to the same pay, rations, forage, and emoluments of every kind, excepting bounty and clothing, as the other troops to be raised by this act.

SEC. 4. That in case any such volunteer, while in actual service, and in the line of his duty, 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. That whenever the President shall deem it expedient, he is hereby empowered to appoint, 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.: $250 monthly pay, $50 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 four, and secretaries, not exceeding two, as he may judge proper, each to have the rank, pay, and emoluments of a lieutenantcolonel.

SEC. 6. That, whenever the President 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 major-generals and inspector-general shall, each, be entitled to the following pay and emoluments, viz.: $166 monthly pay, $20 monthly allowance 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 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 the rank, pay, and emoluments of a brigadier-general. And the President is hereby authorized, alone, to appoint, from time to time, when he shall judge proper, assistant inspectors, to every separate portion of the army, consisting of one or more divisions, who shall be deputy adjutant-generals thereof, respectively, and who shall be taken from the line of the army, and allowed, in addition to their pay, $8 per month; 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 of $6 per month.

SEC. 7. That in case the President shall judge the employment of a quartermaster-general, physician-general, and paymaster-general, or either

1 The title of lieutenant-general abolished, by act of 3 March, 1799, sec. 9, chap. 48. Revised temporarily, 15 Feb. 1855, Res. 9.