SEC. 3. That the President of the United States be, and he hereby is, authorized to organize the companies so tendering their service as aforesaid into battalions, squadrons, regiments, brigades, and divisions, as soon as the number of volunteers shall render such organization, in his judg ment, expedient; but, until called into actual service, such companies shall be bound to do regular militia duty as is required by law in like manner as before the passage of this act.

SEC. 4. That in case any volunteer above mentioned, while in actual service, shall sustain any damage by injury done to his horse, or such other equipment, as shall have been furnished at his own expense, 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 of the United States may direct, shall be allowed and paid to such volunteer for each and every such damage or loss.

SEC. 5. That the sum of $500,000, to be paid out of any moneys in the treasury not otherwise appropriated, be, and the same hereby is, appropriated towards defraying any expense incurred by virtue of the provisions of this act.

[Approved, February 24, 1807.]

CHAPTER 39.-Approved, March 3, 1807.-Vol. 2, p. 443.

An Act authorizing the employment of the Land and Naval Forces of the United States in cases of Insurrection.1

That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary, having first observed all the prerequisites of the law in that respect.

CHAPTER 7.-Approved, January 8, 1808.-Vol. 2, p. 453.

An Act supplementary to an Act entitled “An Act for fortifying the ports and harbors of the United States, and for building gun-boats.

That the President of the United States is hereby authorized to cause such of the fortifications heretofore built or commenced, as he may deem necessary, to be repaired or completed, and such other fortifications and

1 See chap. 36, 28 Feb. 1795, and chap. 3, sec. 3, July 13, 1861, and July 29, 1861, and chap. 201, July, 1862.

works to be erected as will afford more effectual protection to our ports and harbors, and preserve therein the respect due to the constituted authorities of the nation; and that the sum of $1,000,000, in addition to the sums heretofore appropriated, be, and the same is hereby, appropriated for that purpose, out of any money in the treasury not otherwise appropriated. [Approved, January 8, 1808.]

CHAPTER 39.-Approved, March 3, 1808.-Vol. 2, p. 478.

An Act authorizing a detachment from the militia of the United States.

[This act is in the same words as chap. 32, 3 March, 1804, and appropriates one million dollars to carry out its objects, and sec. 7 limits its existence to two years. See also chap. 32, 18 April, 1806, chap. 39, 30 March, 1808, and chap. 55, 10 April, 1812.]

CHAPTER 42.-Approved, April 2, 1808.-Vol. 2, p. 481.

An Act authorizing the sale of public arms.1

That the President of the United States be, and he is hereby, authorized to cause to be sold to individual states who may wish to purchase, any arms now owned by the United States, and which may be parted with without injury to the public. Accounts of such sales shall be laid before Congress, and the money arising therefrom be, and the same is hereby, appropriated, under the direction of the President of the United States, to the purchase or manufacture of other arms for the use of the United States: Provided, That such arms be not delivered to any state or their agents, until the payment of the purchase-money be first made into the treasury of the United States, in money, or in the stock of the United States, at its value, as established by an act entitled An Act to repeal so much of any act or acts as authorize the receipt of evidences of the public debt in payment for the lands of the United States, and for other purposes relative to the public debt:" Provided, also, That this provision shall not extend to any purchase, not exceeding five thousand stand of arms, which shall be made by a state to which the United States, by existing engagements, are bound to pay a sum of money equal to the amount of such purchase.

CHAPTER 43.-Approved, April 12, 1808.-Vol. 2, p. 481.

An Act to raise for a limited time an additional Military Force.? That, in addition to the present military establishment of the United

1 See chap. 93, 3 March, 1825, and chap. 65, 6 July, 1798, ante.

The provisions of this act regarding the organization of the regiment of light artillery, the compensation, subsistence, and clothing of the officers and troops, and those respecting wounds and disabilities, widows and children, and allowances generally, are adopted by act of 3 March, 1815, sections 2, 4, and 7. The residue may be considered as superseded by that and subsequent acts.

3 Army to be 10,000, by the 3 March, 1815, chap. 79, which see, and note.

States, there be raised five regiments of infantry, one regiment of riflemen, one regiment of light artillery, and one regiment of light dragoons, to be enlisted for the term of five years, unless sooner discharged.

SEC. 2. That the said regiments of infantry, riflemen, and artillery, shall consist of ten companies each, and the regiment of light dragoons of eight troops; and the field and staff officers of each regiment, of one colonel, one lieutenant-colonel, one major, one adjutant, one quartermaster, one paymaster, one surgeon, one surgeon's mate, one sergeant-major, one quartermaster-sergeant, two principal musicians, and for the regiment of light dragoons, one riding-master; each company of infantry and riflemen to consist of one captain, one first and one second lieutenant, one ensign, two cadets, four sergeants, four corporals, two musicians, and sixty-eight privates; each company of artillery, one captain, of one first and one second lieutenant, two cadets, four sergeants, four corporals, two musicians, eight artificers, and fifty-eight matrosses; and each troop of light dragoons, of one captain, one first and one second lieutenant, one cornet, two cadets, four sergeants, four corporals, two musicians, one saddler, one farrier, and sixty-four privates.

SEC. 3.2 That when, in the opinion of the President of the United States, a suitable proportion of the troops authorized by this act shall be raised, there may be appointed two additional brigadier-generals, who shall be entitled to one aid-de-camp each, to be taken from the subalterns of the line; two brigade inspectors, and two brigade quartermasters; and such number of hospital surgeons, and surgeon's mates, as the service may require, but not exceeding five surgeons and fifteen mates, with one steward and one wardmaster to each hospital; the brigade inspectors appointed under this act shall be taken from the line; and the brigade quartermasters, the adjutant, regimental quartermasters, and paymasters, from the subalterns of the line. SEC. 4.3 That the compensation of the officers, cadets, non-commissioned officers, musicians, artificers, and privates, authorized by this act, shall be, viz. to each brigadier-general, $104 per month, twelve rations per day, or an equivalent in money, and $16 per month for forage, when not furnished by the public; each brigade inspector, $30 per month, in addition to his pay in the line; each brigade quartermaster and aid-de-camp, $20, and each adjutant, regimental quartermaster, and paymaster, $10 per month, in addition to their pay in the line; and to each $6 per month for forage, when not furnished as aforesaid; each hospital surgeon, $75 per month, six rations per day, or an equivalent in money, and $12 per month for forage, when not furnished as aforesaid; each hospital surgeon's mate, $40 per month, two rations per day, or an equivalent in money, and $6 per month for forage, when not furnished as aforesaid; each hospital steward, $20 per month and two rations per day, or an equivalent in money; each wardmaster, $16 per month, and two rations per day, or an equivalent in money;

1 This organization is supplied by subsequent acts; see the 2 March, 1821, chap. 15; the 30 March, 1814, chap. 37; the 3 August, 1842, chap. 186, and the notes to those acts. Each company of riflemen to consist of ninety men, by chap. 11, 10 Feb. 1814, and see organization of new regiments, by chap. 24, 29 July, 1861.

2 This section is supplied fully by the 3d section of the 3 March, 1815, chap. 13, and see the 16 March, 1802, sec. 2, n. 5.

3 And so of compensation, &c., by 6 July, 1812, chap. 133, sec. 2, and see, as to equivalent for forage, the 22 July, 1813, chap. 17, and see 16 March, 1802, chap. 9, sec. 7, and notes 8 and 9. This act as to pay and subsistence is recognized as in force by the acts of the 6 July, 1812, chap. 133, and the 3 March, 1815, chap. 79, sec. 4, and the 2 March, 1821, chap. 13.

4 Quære: If this takes away his office-room and stationery given by the 16 March, 1802, chap. 9, sec. 4, vol. i. p. 133?

to the colonel of light dragoons, $90 per month, six rations per day, and forage for five horses; to the lieutenant-colonel of light dragoons, $75 per month, five rations per day, and forage for four horses; to the major of light dragoons, $60 per month, four rations per day, and forage for four horses; to each captain of light dragoons, $50 per month, three rations per day, and forage for three horses; to each lieutenant of light dragoons, $33 per month, two rations per day, and forage for two horses; to each cornet of light dragoons, $263 per month, two rations per day, and forage for two horses; to the riding-master, $26 per month, two rations per day, and forage for two horses; each saddler and farrier, $10 per month, one ration per day, and a suit of uniform clothing annually; and all other officers, cadets, non-commissioned officers, musicians, artificers, and privates, authorized by this act, shall receive the like pay, clothing, rations, forage, and other emoluments as the officers, cadets, non-commissioned officers, musicians, artificers, and privates of the present' military establishment: Provided, The officers and riding-master furnish their own horses and accoutrements, and actually keep in service the aforesaid number of horses to entitle them to the aforegoing allowance for forage, or its equivalent in money: And provided, also, That the whole or any part of the regiment of light dragoons shall be liable to serve on foot as light infantry until, by order of the President of the United States, horses and accoutrements shall be provided to equip the whole or any part thereof, as mounted dragoons.

66

SEC. 5. That the officers, cadets, non-commissioned officers, musicians, artificers, and privates, raised pursuant to this act, shall be entitled to the like compensation in case of disability by wounds and otherwise, incurred in the service, as the officers, cadets, non-commissioned officers, musicians, artificers, and privates in the present military establishment, and with them shall be subject to the rules and articles of war which have been established or may hereafter, by law, be established; and that the provisions of the act, intituled An Act fixing the military peace establishment of the United States, relative to the widow, child, or children of any commissioned officer who shall die, while in the service of the United States, by reason of any wound received in actual service of the United States, to courts-martial, the regulation and compensation3 of recruiting officers, the age, size, qualifications and bounties of recruits, arrears of pay, the bonds and duties of paymasters, penalties for desertion, punishment of persons who shall procure or entice any soldier to desert, or shall purchase from any soldier his arms, uniform, clothing, or any part thereof: and the punishment of any commanding officer of any ship or vessel who shall receive on board of his 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; to the oath or affirmation to be taken and subscribed by officers, non-commissioned officers, musicians, and privates, to the allowance for extra expense to any commissioned officer in travelling and sitting on general courts-martial, to arrests of non-commissioned officers, musicians, and privates for debts, to the allowance to soldiers

1 16 March, 1802, chap. 9, sec. 4, and see chap. 31, 24 Feb. 1812. 2 The 16 March, 1802, chap. 9.

3 This is affirmed by 3 March, 1815, chap. 79, sec. 7; see 16 March, 1802, chap. 9, sec. 11, and n. 3. The recruiting fee is abolished by the 2 March, 1833, chap. 68, sec. 5. Fixed by the act of 1802, chap. 9, sec. 11, at 5 ft. 6 in., but repealed by the 5 July, 1838, chap. 162, sec. 30.

5 See, of punishment to desert and enticing to desert, the 11 January, 1812, chap. 14, sec. 16 and 17.

6 See, for extra expense, the 11 January, 1812, chap. 14, sec. 20.

discharged from service, except by way of punishment," shall be in force and applied to all persons, matters, and things within the intent and meaning of this act, in the same manner as if they were inserted at large in the

same.

SEC. 6. That the subsistence of the officers of the army, when not received in kind, shall be estimated at 25 cents per ration.1

SEC. 7. That there shall be appointed to each brigade, one chaplain, who shall be entitled to the same pay and emoluments as a major in the infantry.2

SEC. 8. That, in the recess of the Senate, the President of the United States is hereby authorized to appoint all or any of the officers, other than the general officers, proper to be appointed under this act; which appointment shall be submitted to the Senate, at the next session, for their advice and consent.

SEC. 9. That every commissioned and staff officer, to be appointed in virtue of this act, shall be a citizen of the United States, or some one of the territories thereof.

[Approved, April 12, 1808.]

CHAPTER 48.-Approved, April 21, 1808.-Vol. 2, p. 484.

An Act concerning public contracts.3

1. No member of Congress, either directly or indirectly, to undertake, in whole or in part, any contract, &c., with the United States, &c. Any member of Congress entering into any contract, &c., contrary to the provisions of this act, liable to a fine of $3000, and the contract void, &c. Proviso: sums of money advanced on the part of the United States, to be repaid or prosecuted for, &c. 2. Nothing herein to extend to any contract, &c., entered into by any incorporated company, for the general benefit, &c., nor to the purchase or sale of bills of exchange, &c. 3. In every contract, &c., an express condition to be inserted that no member of Congress shall be admitted, &c. 4. Any officer of the United States, in their behalf, entering into a contract with a member of Congress, contrary to the provisions of this act, liable to a fine of $3000, &c. 5. The secretaries of the treasury, war, and navy, and the postmaster-general, to lay before Congress, annually, hereafter, a statement of all contracts made in their departments during the preceding year, &c.

That, from and after the passage of this act, no member of Congress shall, directly or indirectly, himself, or by any other person whatsoever in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in the whole

1 The commutation for the ration is re-enacted by the 11 January, 1812, and made 30 cents by chap. 55, 21 February, 1857.

2 See, as to chaplains, the 11 January, 1812, chap. 14, sec. 24, and sec. 9, chap. 9, 22 July, 1861; and hospital chaplains, chap. 80, 20 May, 1862.

3 This act is not to be disturbed by the general repealing clause of the Post-office act of 3 March, 1825, chap. 64, sec. 46, vol. 4, p. 114.

And see sec. 4, chap. 25, 4 May, 1858, post; additional acts, July, 1862, chap. 180, and chap. 93, 2 July, 1862, and sec. 9, 14, 15, and 16, chap. 200, 17 July, 1862.