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line and knowledge of the country, acquired by the troops on the frontiers, it is highly expedient to retain as many of them as shall voluntarily re-engage in the service.

*Besolved, That 700 non-commissioned officers and privates be raised for the term of three years, unless £°rauSPfor'3* ■ sooner discharged, and that the same be furnished in*TM* the proportions herein specified, by the states which raised the troops agreeably to the requisitions of Congress, of April, 1785:f

Connecticut, 165, New-York, 165,
New Jersey, 110. Pennsylvania, 260.

That the commissioned officers for the said troops be furnished by the said states, agreeahly to the present proportions.

That the organization of the said troops, together organization with the two companies of artillery raised by virtue of the resolves of Congress of the 20th of October, 1786, be according to the present establishment, to wit: one regiment of infantry of eight companies, each company four sergeants, four corporals, two musicians, and sixty privates; and one battalion of artillery, of four companies, each company four sergeants, four corporals, two musicians, and sixty privates.

That the secretary at war make the necessary arrangements, from time to time, to replace the men on the frontiers whose engagements shall expire.

That the said troops shall be governed by such rules and articles of war as are or shall be established by Congress, or a committee of the states.

That the pay and allowances of the said troops be theray and allow same as directed by the resolve of Congress of April IS,*"*0" 1785.f

CHAPTER X,

An act to establish an executive department, to be denominated the Department of War.t

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress

•The establishment provided for by these resolutions, was recognized and adopted by an act of congress under the constitution—see chapter 11, section I.

fSee chapter 7.

^Though this act has no direct bearing upon the military service, yet, it was thought, that, as it indicates the relation in which the secretary of the war department stands to the army, it would not be out of place here.

assembled, That there shall be an executive department,

warertahii-i>°d. to be denominated the department of war; and that there

shall be a principal officer therein, to be railed the se

Secreu"7*hercofcreia-y for the department of war, who shall perform

and execute such duties as shall, from time to time, lie

enjoined on. or entrusted to, him. by the president of

the United States, agreeably to the constitution, rela

SSySww'"'61 to military commissions, or to the land or naval

include n»vai & forces.* ships, or warlike stores, of the United States,

military arhurs. . ' . .... rti

or to such other matters respecting military or navai affairs. »s the president of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs: And furthermore, that the said principal secret>ryrabifct(.(fl)Pr. s|ia]| conduct the business of the said department

to the president'* . r. • » i»irT-»o*.

imiruciioos in such manner as the President of the United atates shall, from time to time, order or instruct.

Sec. 2. Jnd be it. further enacted, That there shall be in

the said department, an inferior officer, to be appointed

by the said principal officer, to he employed therein as he

shall deem proper, and to be called the chief clerk in the

Cm,.,.clerk of department of war, and who, whenever the said princi

the department i)al officer shall be removed from office by the president

of war. ■ * *

of the United States, or in any other case of vacancy, HUdmie* shall, during such vacancy, have the charge and custody of all records, books, and papers, appertaining to the said department, oath of office of sec- 3l ^nd be ^ further enacted, That the said printhe werenrj ofcipal officer, and every other person to be appointed or ciwkl * employed in the said department, shall, before lie enters on the execution of his office or employment, take an oatli or affirmation well and faithfully to execute the trust committed to him. sewary»take Sec. 4- ^'"' °e ** further enacted, That the secretary charged papers.f,,|- ihe department of war, to be appointed in conse

&c of the ft<rm- . ,'. inn.i • i n . . . .

er war depart-quetice of this act, shall, forthwith after Ins appointment, mem. |jp e„tit|e(i to have the custody and charge of all records,

books, and papers, in the office of secretary for the department of war, heretofore established by the United Slates in congress assembled.

[Approved, August 7, 1789.]

•So much of this act as vests in the secretary of war, the administration ot naval concerns, is repealed by an act of 30th of April, 1798, establishing the navy department.

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CHAPTER XL

An act to recognise and adapt to the constitution of the United States, fie establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes (herein mentioned *

Sec.1- Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That the establishment contained in the resolve, of Ff "'^IT-"'°f

oil UCI 1717. r**

the late congress, of the third day of October, one thou-cognized, &c. sand seven hundred and eighty-seven,f except as to the mode of appointing the officers, and also as is hereinafter provided, he, and the same is hereby recognized to l)e the establishment for the troops in the service of the United States.

Sec. 2. And be it further enacted. That the pay and al-£,*£,*$ ?£%, lowances of the said troops, be the same as have been «««ni«d. established by the United States in Congress assembled, by their resolution of the. twelfth of April, one thousand seven hundred and eighty-five.:{:

Sec. 3. And be it further enacted. That all commission- osicer«»mi Pri

ii • • j «» j ■ . , vates to take

ed and non-commissioned officers, and privates, who are, osuuor shall be, in the service of the United States, shall take the following oaths or affirmations, to wit: "/, A. B. do solemnly swear or affirm (as the case may be") that I trill support the constitution of the United States." "I, A. B. do solemnly swear or affirm (as the case may be) Forms of tie to bear true allegiance to the United States of America,"""' and to serve them honestly and faithfully, against all their enemies or opposers whatsoever, and to observe and obey the orders of the president of the United States of America, and the orders oj the officers appointed over me."

Sec. 4. And be it further enacted, That the said troops Troops to he shall be governed by the rules and articles of war, which KTM«i TM\Z' have been established by the United States in Congress ^"g^f"of assembled,§ or by such rules and articles of war as may hereafter by law be established.

Sec. 5. And be it further enacted, That, for the purpose President may of protecting the inhabitants of the frontiers of the Uni-SpTM!^!^ ted States from the hostile incursions of the Indians, theIudia"s> &cpresident is hereby authorized to call into service, from time to time, such part of the militia of the states, respectively, as he may judge necessary for the purpose aforesaid; and that their pay and subsistence, while in

•Repealed by act of the 30th of April, 1790—see chap. 12, sec, 14.

fSee chapter 9.

JSee chapter 7.

§See chapter 2, with supplements 3,4, 6, U 8, .

pay. ^r.ofmiii-sprvirp, be tlic same as tbe pay and subsistence of the

tin in service, troops abovementioned.

Limitation of Sec. 6. And be it further enacted. That this act shall continue, and be in force, until the end of the next session of congress, and no longer.

[Approved, September 29, 1789.]

this act

CHAPTER XII.

J.21G non-commissioned officers, privates, See. for three

6 feet 6 inches.

An act for regulating fhe Military Establishment of the United States'

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the commissioned oflicers hereinafter mentioned, and the number of one thousand two hundred and sixteen non-commissioned officers, privates, and musicians, shall be raised for the service of the United States, for the period of three years, unless they should previously by law he discharged. Height and age. Sec. 2. And be it further enacted, That the non-commissioned officers and privates aforesaid, shall, at the time of their enlistments, respectively, be able bodied men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of forty-six years, one repmew of Sec. 3. And be it further enacted. That the commisbatniiion of ar- sioned officers hereinafter mentioned, and the said non'lcry' commissioned officers, privates, and musicians, shall be

formed into one regiment of infantry, to consist of three battalions, and one battalion of artillery. The twe^imentof reK.'ment of infantry to be composed of one lieutenantinfantry, colonel commandant, three majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon's mates, and twelve companies, each of which shall consist of one captain, one lieutenant, one ensign, four sergeants, four corporals, sixty-six privates, and » .. , two musicians. The battalionrof artillery shall he com

Compositiou of , . •

the battalion ofposeu ot one major coirmandant. one adjutant, one quartermaster, one paymaster, one surgeon's mate, and four companies; each of which shall consist of one captain, two lieutenants, four sergeants, four corporals, ^menufromsixty six Plates, and two musicians: Provided alfeline. ways, That the adjutants, quartermasters, and pay

* Repealed and supplied by act of 3d of March, 179!); which recognized andcontinued the then existing establishment—see chapter 2*.

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masters, shall be anpointed from the line, of subalterns of the aforesaid corps, respectively.

Sec. 4. And be it further enacted, That the President of the United States may, from time to time, appoint one or two inspectors, as to him shall seem meet, to i-i- i,.ip,-.-t,>TM i spect the said troops, who shall also muster the same, Uku duty,&c and each of whom shall receive the like pay and subsistence as a captain, and be allowed ten dollars per month for forage.

Sec. 5. And be it farther enacted, That the troops Pay of ^. aforesaid shall receive for their services the followingmo^ enumerated monthly rates of pay: Lieutenant-colonel commandant, sixty dollars; major commandant of artillery, forty-five dollars; majors, forty dolla.'s; captains, thirty dollars; lieutenants, twenty-two dollars; ensigns, eighteen dollars; surgeons, thirty dollars; surgeon's mates, twenty-four dollars; sergeants, five dollars; corporals, four dollars; privates, three dollars; senior mu- , sicians in each battalion of infantry, and in the battalion of artillery, five dollars; musicians, three dollars: Provided always. That the sums hereinafter specified. Proviso; «< to deshall be deducted from the pay of the non-commissioned cKhig i'hojofficers, privates, and musicians, stipulated as aforesaid, P"1*1 ,toresfor the purposes of forming a fund for clothing and hospital stores: From the monthly pay of each sergeant and senior musician, there shall be deducted, for uniform clothing, the sum of one dollar and forty cents, and the farther sum often cents for hospital stores; and from the monthly pay of each corporal, for uniform clothing, one dollar and fifteen cents, and the farther sum of ten cents for hospital stores; and from the monthly pay of each private and musician, for uniform clothing, the sum of ninety cents, and the further sum often cents for hospital stores.

Sec. 6. And be it farther enacted. That the subal- Actional pay or terns who may be appointed to act as adjutants, shall^adju^wT&S each receive for the same, in addition to their regimental pay, ten dollars per month; and quarter and paymasters, So appointed, each five dollars per month. ,

Sec. 7. And be it further enacte.d, That the commis- Ration, of enmsioned officers aforesaid shall receive, for their daily l^TM""* °m' subsistence, the following number of rations of provisions, to wit: Lieutenant-colonel-com nandant, sis; a major, four; a captain, three; a lieutenant, two; an ensign, two; a surgeon, three; a surgeon's mate, two; or money in lieu thereof, at the option of the said officers, Money for «• at the contract price at the posts, respectively, where1"""* the rations shall become due.

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