upon the sea coast, as, in his opinion, the public service dent as he may shall require.

SEC. 3. And be it further enacted, 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.]

deem the public service to re

quire.

Necessary books,

&c. to be provid

ed at the public expense.

CHAPTER XXXI.

An act supplementary to the act providing for the further defence of the ports and harbors of the United States.*

250,000 dollars

forufications

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress additional, ap assembled, That a sum not exceeding two hundred and propriated for fifty thousand dollars, 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 necessary.

ishing fortifica

credit therefor.

SEC. 2. And be it further enacted, That where any States indebted state which was found indebted to the United States, by to the U. S. finthe report of the commissioners for settling the accounts tions, &c. to have 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," as well the previous expenditures, made since the twentieth day of March, one thousand seven hundred and ninety-four, which shall be approved by the president of the United *Original, act of 23d June, 1797, chapter 28. †See chapter 28..

diture exceeding

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 reProviso;noexpon- ported, as aforesaid: Provided, That no expenditure balance due to exceeding the balance found and reported against the be allowed, &c. 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.

Proviso of the act of 23d June,

SEC. 3. And be it further enacted, That these words 1797, repealed.' 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 such states,” shall be, and the same are hereby, repealed. [Approved, May 3, 1798.]

200,000 dollars appropriated to purchase can

&c.

CHAPTER XXXII.

An act to enable the president of the United States to procure cannon, arms, and ammunition; and for other purposes.†

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress non, small arms, assembled, That a sum, not exceeding eight hundred thousand dollars, 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.

The president

may establish

SEC. 2. And be it further enacted, That the president foundries and ar- of the United States be, and he is hereby, authorized, mories, &c. 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 *See chapter 28, sec. 3.

†See act of 2d April, 1794, chapter 19; also chap. 44, and 56.

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 artizans 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 Account of expenditures, to be be incurred in forming and employing these establish- laid before conments, and of the cannon and arms which shall be cast gress, annually. 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.

propriated for

SEC. 3. And be it further enacted, That the sum of one 100,000 dolls. ap hundred thousand dollars shall be, and hereby is, appro- the purposes of priated, and shall be paid out of any moneys not before this act. appropriated, for the hire, purchase, and employ, of the said foundries and armories, respectively, in case such establishments shall be found necessary, as hereinbefore provided. [Approved, May 4, 1798.]

CHAPTER XXXIII.

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."*

choose his brig

inspector from

officers of the

SEC. 1. Be it enacted by the Senate and House of Re- The brigadier) presentatives of the United States of America in Congress se assembled, That the brigadier-general who is now, orade major and may hereafter be, in the service of the United States, be, the commissioned and he hereby is, authorized to choose his brigade-ma- line. jor 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.

*Repealed by act of 16th March, 1802, chap. 46-For the act amended, see chap. 27.

Pay and allow.

SEC. 2. And be it further enacted, That the accounting ances as estato officers of the treasury shall allow to major Cushing the major Cushing, 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. [Approved, May 22, 1798.]

as inspector.

The president may, on the

CHAPTER XXXIV.

An act authorising the president of the United States to raise a provi sional army.*

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the president of the United States be, raise an army of and he is hereby, authorized, in the event of a declara

events mentioned taking place,

10,000 men, for

three years.

Bounty of g10.

The president

appoint officers,

in the recess of

the Senate, &c.

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

SEC. 2. And be it further enacted, That the president may organize be, and he is hereby, authorized to organize, with a the troops, and 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 subAppointment of field officers, to mitted to the advice and consent of the senate at their bent,& next subsequent meeting. The commissioned, and noncommissioned officers, musicians, and privates, raised on the footing of in pursuance of this act, shall be subject to the rules and the other troops articles of war, and regulations for the government of States, bounty 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.

submitted to

The troops to be

of the United

excepted.

* Repealed by act of 16th March, 1802,-See chapter 46.-See also, chapter 41, in connexion with this act.

may accept of

dition to the

appoint their

ficers, &c.

SEC. 3. And be it further enacted, That, in addition The president to the aforesaid number of troops, the president is volunteers, in adhereby empowered, at any time within three years after troops authoriz the passing of this act, if, in his opinion, the public in- act terest shall require, to accept of any company or com- commissioned of panies 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 volunteers the president shall judge proper, within two years after may be called he shall accept the same; and, when called into actual duty within two service, and while remaining in the same, shall be under years, &c. the same rules and regulations, and shall be entitled to tual service on the same pay, rations, forage, and emoluments of every as other troops, kind, excepting bounty and clothing, as the other troops clothing exceptto be raised by this act.

upon to perform

Volunteers in aci

the same footing

bounty and

ed.

of horses, &c.

SEC. 4. And be it further enacted, That in case any Allowance to vo such volunteer, while in actual service, and in the line lunteers for loss 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.

may appoint a

ral.

SEC. 5. And be it further enacted, That whenever The president the president shall deem it expedient, he is hereby em-lieutenant-genepowered 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: two His pay and emohundred and fifty dollars monthly pay, fifty dollars luments. 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 Aids and secreexceeding two, as he may judge proper, each to have the rank, pay, and emoluments of a lieutenant-colonel.

taries.

may appoint an

SEC. 6. And be it further enacted, That, whenever the The president president shall deem it expedient, he is hereby empow-inspector-geneered, by and with the advice and consent of the senate, ral, to appoint an inspector-general, with the rank of major*The title of lieutenant general abolished, by act of 3d March, 1799see chap. 41, sec. 9.