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assembled, That there shall be an executive department, Department of war establish, de to be denominated the department of war; and that there

shall be a principal officer therein, to be called the seSecretary thereof

cretary for the department of war, who shall perform

nd execute such ies as shall, from time to tivne, be enjoined on, or entrusted to, him, by the president of

the United States, agreeably to the constitution, relaDuties of the five to military commissions, or to the land or naval include naval & forces, * ships, or warlike stores, of the United States, affairs.

or to such other matters respecting military or naval affairs, as the president of the United States shall assign to the said department, or relative to the granting of lauds to persons entitled thereto, for military services rendered to the United States, or relative to In

dian affairs: And furthermore, that the said principal Secretary subject officer shall conduct the business of the said department to the president's

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

SEC. 2. And be it further enacted, That there shall be in the said department, an inferior officer, to be appointed by the said principal officer, to be employed therein as he

shall deem proper, and to be called the chief clerk in the Chief clerk of department of war, and who, whenever the said princi. the department pal officer shall be removed from office by the president

of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books, and papers, appertaining to the said department.

Sec. 3. And be it further enacted, That the said printhe secretary of cipal officer, and every other person to be appointeil or clerks. employed in the said department, shall, before he enters

on the execution of his office or employment, take an oath or affirmation well and faithfully to execute the trust committed to him.

SEC. 4. And be it further enacted, That the secretary Secretary to take charge of papers.for the department of war, to be appointed in conseer war depart-quence of this act, shall, forthwith after his appointment,

be entitled 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 States in congress assembled.

[Approved, August 7, 1789.]

of war.

His du ies,

Oath of office of

war a'd his

ment.

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

CHAPTER XI.

An act to recognise and adapt to the constitution of the United States,

t'ie establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned

31 Oct 1787. re.

oaths,

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 Establishment of the late congress, of the third day of October, one thou- coguized', &c. sand seven hundred and eighty-seven,t except as to the mode of appointing the officers, and also as is hereinafter provided, be, and the same is hereby recognized to be the establishment for the troops in the service of the United States.

Sec. 2. And be it further enacted. That the pay and al-Pay and allows lowances of the said troops, be the same as have been recognized. 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- Oficers and pried and non-commissioned officers, and privates, who are, oaths. or shall be, in the service of the United States, shall take the following oaths or affirmations, to wit: “I, A. B. do solemnly swear or affirm (as the case may be) that I will support the constitution of the United States." "], A. B. do solemnly swear or affirm (as the case may be ) Forms of the 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 of the officers appointed over me.

SEC. 4. And be it further enacted, That the said troops Traps to he shall be governed by the rules and articles of war, whiclitablished rules have been established by the United States in Congress 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- to protect against ted States from the hostile incursions of the Indians, the Indians, &c. president 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.
+See chapter 9.
See chapter 7.
$See chapter 2, with supplements 3, 4, 6, & 8.

and articles of war,

&c.

tia in service,

Limitation of this act

Pay. &c. of mili- service, be the same as the pay and subsistence of the

troops abovementioned.

Sec. 6. And be it further enacted, That this act shall continue, and be in force, until the end of the

ext session of congress, and no longer.

[Approved, September 29, 1789.]

CHAPTER XII.

1.216 non-commissioned offi

year's,

5 feet 6 inches.

One regiment of

An act for regulating the Military Establishment of the United States*

Sec. 1. Be it enacted by the Senate and House of Recers

, privates presentatives of the United States of America in Congress &c. for three assembled, that the commissioned oflicers hereinafter

mentioned, and the number of one thousand two hun. dred and sixteen non-comunissioned officers, privates, and inusicians, shall be raised for the service of the United States, for the period of three years, unless they

should previously hy law be discharged. Height and age.

SEC. 2. And be it further enacted, That the non-commissioned oflicers 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.

SEC. 3. And be it further enacted, That the commisinfantry, and a batalion of ar- sioned officers hereinafter mentioned, and the said nontillery,

commissioned officers, privates, and musicians, shall be formed into one regiment of infantry, to consist of

three battalions, and one battalion of artillery. The Composition of regiment of infantry to be composed of one lieutenantinfantry. colone) 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 battalior of artillery shall be comCompositiou of the battalion of posed of one major con mandant. one adjutant, one artillery,

quartermaster, one paymaster, one surgeon's mate, and four companies; each of which shall consist of one cap.

tain, two lieutenants, four sergeants, four corporals, Tovlso as to ap sixty-six privates, and two musicians: Provided alpointments from

ways, That the adjutants, quartermasters, and pay

* Repealed and supplied by act of 3d of March, 1795; which recognized and continued the then existing establishment-see chapter 24.

The line,

masters, shall be appointed 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 seen meet, to i»Inspectors: spect the said troops, who shall also muster the sa ne, their duty, &c. and each of whom shall receive the like pay and subsis. tence as a captain, and be allowed ten dollars per month for forage.

SEC. 5. And be it further enacted, That the troop Pay of the aforesaid shall receive for their services the followiny troops. enuinerated monthly rates of pay: Lieutenant-colonel commandant, sixty dollars; major commandant of artillery, forty-five dollars; inajors, forty dollars; 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: Proviilei always, That the suns hereinafter specified, Proviso; as to deshall be deducted from the pay of the non-com nissioned clothing & hosofficers, privates, and inusicians, stipulated as aforesaid, pital stures. for the purposes of forming a fund for clothing and hos. pital 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 of ten cents for hospital stores; and from the monthly pay of each corporal, for uniforin 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 uniforın clothing, the sum of ninety cents, and the further sum of ten cents for hospital stores.

Sec. 6. And be it further enacteil, That the subal- Additional pay of terns who may be appointed to act as adjutants, shall Islandijevants de les 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 enacteil, That the commis- Rations of comsioned officers aforesaid shall receive, for their daily missioned off subsistence, the following number of rations of provisions, to wit: Lieutenant-colonel.com nandant, six; 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 oflicers, Money for ra: at the contract price at the posts, respectively, where is the rations shall become due.

cers,

niission doll

Rations for non

of.

&c.

Or the value thertuf.

Money instead of Sec. 8. And be it further enacted, That the commise forage.

sioned officers hereinafter described, shall receive, monthly, the following enumerated sums, instead of forage: Lieutenant-colonels-commandant, twelve dollars; major commandant of artillery, majors, and surgeon, each ten dollars; surgeon's mates, each, six

dollars. Uniform cloth SEC. 9. Ind he it further enacted, That every noning tor non-com.

commissioned ollicer, private, and musiciari, aforesaid, es privates, shall receive annnally, the following articles of uniform

clothing: One liat, or helmet, one coat, one vest, two pair of woollen and linen overalls, four pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, and one pair of buckles.

SEC. 10. Ind be it furiher enacted, That every nonficers, privates, commissioned officer, private and musician, aforesaid,

shall receive, daily, the following rations of provisions, or the value thereof: One pound of beef, or three quarters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy or whiskey, or the value thereof, at the contract price where the same shall become due, 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.

SEC. 11. And be it further enacted, That if any commissioned oficer, non-commissioned officer, private, or musician, aforesaid, shall be wounded or disabied, 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, top the Proviso; as to a time being: Provided always, That the rate of compen

sation for such wounds or disabilities, shall never exceed, for the highest disability, hall the monthly pay received by any commissioned officer, at the time of being so wounded or disabled; and that the rate of compensation to non-commissioned officers, privates and

musicians, shall never exceed five dollars per month: Proviso; as to in. And provided also, That all inferior disabilities shall entitle the person so disal;led, to receive only a

sum in proportion to the highest disability. Officers, pri Sec. 12. And be it further enacted, That every com

missioned officer, non-cominissioned officer, private and musiciani, aforesaid, shall take and subscribe thie fol

lowing oath or aflirmation, to wit: I, A B. do solemnly Form of the oath swear or affirm, (as the case may be) to bear iruc al

legiance to the United States of America, anil to serve

Pensions to inia lids.

mount of pension,

vales, cc. to take an vath.

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