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Sec. 3. And be it further enacted, That, in addition ^ESJJSf to the aforesaid number of troops, the president is ^lTM'*1^" "* hereby empowered, at any time within three years after mips authorfethe passing of this act, if, in his opinion, the public in- ^mXl?" terest shall require, to accept of any company or com-TMTM"g°ed ofpanies 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 rolnntee„ the president shall judge proper, within two years after TM>y <*c»11?1

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he shall accept the same; and, when called into actual duty wiiiuntwo service, and while remaining in the same, shall be under ^Sn^ in aei the same rules and regulations, and shall be entitled toJ^'^'J^ig the same pay, rations, forage, and emoluments of every "1^J*era,nd,01", kind, excepting bounty and clothing, as the other troops clothing exceptto be raised by this act.

Sec. 4. And be it further enacted, That in case any Allowance to tosuch volunteer, while in actual service, and in the H»eJSSSi^!*^ of his duty, sustains any damage, by injury done to his horse, arms, or equipage, or by loss of thesame, 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. And be it further enacted. That whenever The president the president shall deem it expedient, he is hereby em-lTemeX-genepowered to appoint, by and with the advice and consentral" 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 dollarslummt'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 Aid, and iea» exceeding two, as he may judge proper, each to have0"-1'3' the rank, pay, and emoluments of a lieutenant-colonel.

Sue. 6. And be it further enacted, That, whenever the The president president shall deem it expedient, he is hereby empow- J^w-sen?1 ered, by and with the advice and consent of the senate, ^ to appoint an inspector-general, with the rank of major

*The title of lieutenant general abolished, by act of 3d March, 1799— see chap. 41, sec. 9.

general: and the major-generals and inspector-general shall, eacli. be entitled fo the following pay and emoluPnvand emoiu. ments. viz: one hundred atid sixty-six dollars monthly eSwmh a'nd'i'n- !>av, twenty dollars monthly allowance for fora.ge, when »pcctor-genenu. the same ^ not prvided by the United States', and fifteen rations per day. or money in lieu thereof, at the current price; and shall he, and they are hereby, anTheymayap- thorized 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 The present an adjutant general, who shall have the rank. pay. and a?ijutani''TMnerai. emoluments, of a brigadier general. And the president is hereby authorized, alone, to appoint, from time to A«i«amimpec- time, when he shall judge proper, assistant-inspectors panteponuinofto every separate portion of the army, consisting of one

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inspectors to each brigade and corps.

Also, a quartermaster-general, physician gene* l-al, and paymaster-general.

sions, who shall be deputy adjutant-geneals thereof, respectively, and who shall be taken from the line of the army, and allowed, in addition to their pay, eight dollars 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 six dollars per month.

Sec. 7. And be it further enacted, That in case the president shall judge the employment of a quartermaster-general, physician-general, and paymaster general, or either of them, essential to the public interest, he is hereby authorized, by and with the advice and consent of the senate, to appoint the same accordingly, who shall be entitled to the rank, pay, and emoluments, which follow, viz: quartermaster-general, the rank, pay, and emoluments of a lieutenant-colonel; physician-genera], and paymaster-general, each, the pay and emoluments rmvho; ihcpre-(>f a iieutenant-colonel; Provided, That in case the preihtapprinV''akL sident shall judge it expedient to appoint a commander hT3«rS$re!0f tne army' an inspector general, adjutant general, quartermastert-gcncral, physician general, and paymaster-general, or either of tliem, in the recess of the senate, he is hereby authorized to make any or all of said appointments, and grant commissions thereon, which shall expire at the end of the next session of the senate thereafter. Former laws re- Sec. 8. And be it further enacted. That the laws of Ky^taWi."??" Hie United States respecting the regulations and emolument or the um-mc,lts 0r rccruiting officers, punishment of persons who

Their pay and emoluments.

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.\iall procure or entice a soldier to desert, or shall pur-,od,s'a,"<«s' hasp lus arms, uniform, clothing, or any part thereof; woom, matters-,

d.i .1 !■■ !•" «; £» and things, with

the piim.shinent of every commanding officer ot any in the meaning

ship or vessel, who shall receive on hoard Ma ship pr*cm'„ Vessel, as one of his crew, knowing him to have deserted, or otherwise carry away, any soldier, or refuse to deliver him up to the orders of his commanding officer, and the law respecting the oath or affirmation to be taken by officers, non-commissioned officers, musicians, and privates, and respecting the inserting of conditions in the enlistments, and all other laws respecting the military establishment of the United States, excepting in Buck cases where different and specifle regulations are made by this act, shall be in force, and apply to all persons, matters, and things, within the intent and meaning of this act, in the same manner as they would, were they inserted at large in the same.

Sec. 9. And be it farther cnacied. That the commander The president of the army, inspector general, adjutant-general, quiir-!wfwhoie,ur«ny termaster-general, physician general, and payniaster-^"'^^^ general, and the general, held, and commissioned offi- TM«d •* a^picers, who may be appointed by virtue ot Ibis act, shall.»*■■»«m«*m»i« respectively, continue in commission during such term safety.* pu only as the president shall judge requisite for the public service; and that it shall be lawful for the president to discharge the whole, or any part, of the troops, which may be. raised, oracrep'ed, under the authority of this act, whenever he shall judge the measure consistent with the public safety.

Sec. 10 And be it further, enacted, That no commis-N"comm,jrTM,P(,

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Mooed or stan ntnrer, who shall be appointed by virtuebeentitfcdtopay of this art. shall be entitled to receive pay or emolu- £tfoX£3i meats until he shall he called in actual service, nor for.*"5** any longer time than he shall continue therein: Provided, vTM?TM* as to'«. nothing in this section shall be construed to prevent cap- 'B*"""* tains and subalterns from receiving pay and emoluments while employed in the recruiting service: «#ik/!?""'i50: no,.en"

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provided also, That no enlistment shall take place by am* jew*, virtue of this act, after three years from the passing thereof.

Sec 11. And be it farther enacted, That it shall beT||e resi<ient lawful for the president of the United States, at his dis-ma> loanfMd

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cretiiMi, upon the request ot any militia corps, estab- * corps, di.pu». lislied by law, in any state, disposed to inform them- ,hV,meim'nin its selves in the use of artillery, or of the executive of any use> &«• state, in behalf of such corps, to suffer to be loaned to them, such pieces, not exceeding two to any one corps,

of the field artillery of the United States, 4s mat h? most conveniently spared, to be taken, removed, atid returned, at the expense of the party requesting; who are to be accountable for the same, and to give receipts accordingly, kid Szc. 12. And be it further enacted, That the president i^ier'".TM, of the United States shall be. and he. is hereby, autho^.TSi rized, when, under his orders, any portion of the militia, !w"aiM'f£th w any volunteer corps, shall be called forth and engaged ■ndcngagtdin jn the actual service of the United States, to suffer to be a«uai imice. joanea^ at tne reqliest erf the executive of the state from which such militia shall be called forth, or of such volunteer corps, appearing to be unavoidably deficient, a supply of field artillery, arms, and accoutrements, from the arsenals of the United States, as the case, may require; proper receipts and security being given to be accountable to return the same, the accidents of the service excepted. The present Sec.13. And be it further enacted. That the president ^LT^Sogeof the United States shall be, and he is hereby, autho*ii>hV°lr>'i rized to cause to be purchased and procured a quantity BtewjiekwiKd. of caps, swords, or sabres, and pistols with holsters, not exceeding what may be sufficient for four thousand cavalry, and to be deposited in the parts of the. United States where he shall deem it most convenient for the supply of any corps of cavalry which shall be called into the actual service of the United States, and which the president of the United States may loan, upon the terms, and the like receipts, to be accountable, as hereinbefore provided: and, for this purpose, and towards defraying the expenses which may be necessarily incurred before the next session of congress, in executing the other pur, poses of this act, a sum, not exceeding two hundred

xK"i!ir"Jk thousand dollars, shall be, and is hereby, appropriated, .»„•,«*•. ouim am] 8na]j arili mav De paid at the treasury, under the orders of the president of the United States, out of any money not already appropriated. h-ira** Mompt Sec. 14. And be it further enacted, That the private dX'\.r"onim"t, soldiers who are, and who shall be, enlisted and emdjirii.Btiidr ployed in the service of the United States, shall be, and

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they are hereby, exempted, during their term of service,

from all personal arrests, for any debt or contract.

And whenever any soldier shall be arrested, whether by

mesne process, or in execution, contrary to the inteut

'«n(R"<Vsnwi!'H hereof, it shall be the duty of the judge of the district

Krani'w'riw'of court of the district in which the arrest shall happen,

lif"" d"'"'-' an^ °f ai,y Just^ce °f tue supreme court of the United

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States, and of any court or judee of a state, who, by the TM?«thecals,

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laws of such state, are authorized to issue writs ot ha- &c. heas corpus, respectively, on application, by any officer of the corps in which such soldier shall be engaged, to grant a writ of habeas corpus, returnable before himself; and, upon due hearing and examination, in a summary manner, to discharge the soldier from such arrest, taking common bail, if required, in any case upon mesne process, and commit him to the applicant, or some other officer of the same corps.

[Approved, May 28, 1798.]

CHAPTER XXXV,

An act supplementary to, and to amend, the act, entitled "An act authorizing the president of the United States to raise a provisional army."*

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress volunteer, to <*assembled, That the companies of volunteers, and thetotenjedbyiha members of each company, who shall be duly en- KS"nTMJSd d»gaged and accepted by the president of the United"riingthem. States, and organized with proper officers com-: missioned by him, pursuant to the third section of the act, entitled "An act authorizing the president of the United States to raise a provisional army," shall submit to, and observe such rules of training and discipline, as shall be thought necessary to prepare them for actual service; and which rules the president of the United States is hereby authorized to make and establish; and all such companies and volunteers are hereby exempted, until their discharge, or during the time of Exempted from their engagement, as aforesaid, from all militia duty n"Uu»dutJ> which is or shall be required by the laws of the United States, or of any state, and from every fine, penalty, or disability, which is or shall be provided to enforce the performance of any duty or service in the militia.

Sec. 2. And he it further enacted, That the president Thepre,ideiJt of the United States shall be, and he is hereby, autho- TMy "pp,tm"

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rized, by and with the consent ol the senate, or by him- mtiKn-ce»,of self, in the recess of congress, pursuant to the said act,co"sres to appoint and, commission, as soon as he shall think it expedient, such and so many field officers as shall be necessary for the organizing and embodying in legions, regiments, or battalions, any volunteer companies who 'For original act, see preceding chapter.

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