Proviso; the diSanctioned, &c. to be operative, unless, &c. rections being Compensation & allowance for forage. &c. to the mentioned. tious distempers in the camps and hospitals, and the government of nurses, and all others charged with the care of the sick in camps or hospitals, subject, in the first instance, to the approbation and revision of the commander-in-chief, the commander of a separate army, or in a separate district, as the case may be, and, eventually, to the approbation and control of the president of the United States: Provided always, That the said directions, having received the sanction of the commanderin chief, or the commander of a separate army, shall be operative, and remain in full force, unless altered or annulled by the president of the United States. SEC. 6. And be it further enacted, That the compensations of the said several officers shall be as follows: several officers of the physician-general, one hundred dollars pay per month, and fifty dollars per month, which shall be in full compensation for forage, rations, and travelling expenses: of the purveyor, one hundred dollars pay per month, in full compensation for his services, and all expenses: of the apothecary general, eighty dollars pay per month, and thirty dollars per month, in full compensation for forage, rations, and all expenses: of each of his deputies. fifty dollars pay per month, and sixteen dollars per month, in full compensation for forage, rations and all expenses: of each hospital surgeon, eighty dollars pay per month, and forty dollars per month, in full compensation for forage, rations, and all expenses: of each mate, thirty dollars pay per month, and twenty dollars per month, in full compensation for forage, rations, and all expenses: of each steward, twenty-five dollars pay per month. and eight dollars per month, in Proviso; none of full compensation for forage, rations, and all expenses: ted to pay. &e. Provided. That none of the officers aforesaid shall be entitled to any part of the pay or emoluments aforesaid, until they shall, respectively, be called into actual service. the officers enti until called into actual service. Temporary and permanent hospitals may be provided, &c. The officers of the medical es SEC. 7. And be it further enacted, That, for the accommodation of the sick of the army and navy of the United States, the physician-general, and hospital surgeon of senior appointment, with the approbation of the general commanding the army within the district where he shall be. shall have power to provide temporary hospitals; and the physician-general, with the approbation of the president of the United States, shall have power to provide and establish permanent hospitals. SEC. 8. And be it further enacted, That all the said table-heat to be officers, and others, shall, as touching their several offiand regulations ces and duties, be liable to the rules and regulations for Hiab to the rules ment and discip the government and discipline of the army; and shall be for the governbound to obey, in conformity with law and the usages line of the army, and customs of armies, the orders and directions of the &c. chief military officers of the respective armies, and within the respective districts in which they shall respectively serve and be. call a medical SEC 9. And be it further enacted, That the physi- The physician cian-general, or, in his absence, the senior medical offi- general, &c. may cer, with the approbation of the commander-in-chief, or board, &c. commanding officer of a separate army, be, and hereby is, authorized and empowered, as often as may be judged necessary, to call a medical board, which shall consist of the three senior medical officers, then present, whose duty it shall be to examine all candidates for employment or promotion in the hospital department, and certify to the secretary of war the qualifications of each. [Approved, March 2, 1799.] CHAPTER XXXIX. An act giving eventual authority to the president of the United States to augment the army.* or danger of in】 vasion, an addi force may be SEC. 1. Be it enacted by the Senate and House of Re- In case of war, presentatives of the United States of America in Congress assembled, That it shall be lawful for the president of tional military the United States, in case war shall break out be- raised. tween the United States and a foreign European power, or in case imminent danger of invasion of their territory by any such power, shall, in his opinion, be discovered to exist, to organize and cause to be raised, in addition to the other military force of the United States, twenty four regiments of infantry, a regiment and a battalion of riflemen, a battalion of artillerists and engineers, and three regiments of cavalry, or such part thereof as he shall judge necessary; the non-commissioned officers and privates of which to be enlisted for a term not exceeding three years, and to be entitled each to a bounty of ten dollars; one half to be paid at the time of enlistment, and the remainder at the time of joining the regiment to which they may belong. SEC. 2. And be it further enacted, That the president The president, of the United States be authorized, whenever it shall with the advice appear to him expedient, if during the session of the alone, authorized senate, with their advice and consent, if in their recess, commission offi *The 1st and 2d sections of this act expired by the operation of the 11th section; the powers thereby conferred, not having been continued for a longer time. of the senate, or to appoint and cers, &c. alone, to appoint and commission all officers for the said troops, agreeably to the rules and regulations prescribed by law for the military establishment: Provided, That Proviso, general the general and field officers who may be appointed in and field officers the recess of the senate, shall, at the next meeting thereof, to the Senate at be nominated and submitted to them for their advice and consent. to be submitted the next meeting, &c. The officers, non-commission tld to the same SEC. 3. And be it further enacted, That the officers, ed officers, pri- non-commissioned officers, and privates, of the troops, vates, &e enti- which may be organized and raised pursuant to this act, pay, clothing, ra- shall be entitled to the like pay, clothing, rations, forage, other troops &c. and other emoluments, and to the like compensation in ules and articles Case of disability by wounds, or otherwise, incurred in tions, &c. as subject to the of war, &c. the service, as the officers, non-commissioned officers, and privates, of other troops of correspondent_denominations, composing the army of the United States; and, with them, shall be subject to the rules and articles of war, and to all other regulations for the discipline. and government of the army. Provided, That no officer, except captains and subalterns who may be emto pay, until cal- ployed in the recruiting service, shall be entitled to any pay or other emolument until he shall be called into actual service. Proviso; none but recruiting officers entitled led into actual service. specting the mi meni applicable to be raised by &c. The laws of the SEC. 4. And be it further enacted, That the laws of United Statas re the United States respecting the regulations and emoBitary establish luments of recruiting officers, punishment of persons to the troops, &c who shall procure or entice a soldier to desert, or shall this act; except, purchase his arms, uniform, clothing, or any part thereof, and the punishment of every commanding officer of every ship or vessel who shall receive on board his ship or 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 such cases where different and specific 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. The president whole, or SEC. 5. And be it further enacted, That it shall be lawthey hotany ful for the president of the United States, at his discretion, to discharge the whole, or any part, of the troops which may be raised by virtue of this act, whensoever he shall think fit. part, of the troops raised un der this act at discretion. "* ganize volunteers SEC. 6. And be it further enacted, That the president The president of the United States be authorized to organize all such authorized to or companies of volunteers, as have been, or shall be, ac- &c. cepted by him, pursuant to the act, entitled "An act authorizing the president of the United States to raise a provisional army," into regiments, brigades, and divisions, and to appoint all officers thereof, agreeably to the organization prescribed by law for the army of the United States: And the said volunteers shall not be com- compelled to serve longer than pelled to serve out of the state in which they reside, a longer time than three months after their arrival at the' place of rendezvous. Volunteers not three months, &c. out of their state. The volunteers forth, &c. for all red in the act SEC. 7. And be it further enacted, That it shall be lawful for the president of the United States to call may be called forth and employ the said volunteers in all the cases, the purposes staand to effect all the purposes, for which he is authorized mentioned, &c. to call forth and employ the militia, by the act, entitled "An act to provide for calling forth the militia to exccute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for these purposes."t greater number any of the states, SEC. 8. And be it further enacted. That it shall not be The president lawful for the president of United States to accept a not to accept a greater number of the said volunteers, in any of the of volunteers in states or territories of the United States, than is herein- &c. than is here apportioned, &c. after apportioned to them, respectfully; that is to say: To New Hampshire, three thousand; to Massachusetts, ten thousand; to Rhode Island, one thousand; to Vermont, two thousand; to Connecticut, five thousand; to New York, seven thousand; to New Jersey, five thousand; to Pennsylvania, ten thousand; to Delaware, one thousand; to Maryland, five thousand; to Virginia, ten thousand; to Kentucky, one thousand; to North Carolina, seven thousand; to Tennessee, one thousand; to South Carolina, four thousand; to Georgia, fifteen hundred; to North Western Territory, one thousand; and to Mississippi Territory, five hundred. propriated for SEC. 9. And be it further enacted, That for the exe-2,000,000 apcution of this act, if it shall be found necessary to carry he execution of it, or any part of it, into effect, there be appropriated this act. the sum of two millions of dollars; and that the president be authorized to borrow, on behalf of the United States, The president authorized to the said sum, or so much thereof as he shall deem neces- borrow money, sary, (which the bank of the United States is hereby empowered to lend) and upon such terms and conditions, as he shall judge most advantageous to the United States: See chapter 34. +See Appendix, chapter 3. &c. Stas may re years. Proviso; the U. Provided, That such terms and conditions, shall not repay the sum bor. Strain the United States from paying off the sum which rowed after 15 may be borrowed, after the expiration of fifteen years. SEC. 10. And be it further enacted, That so much as Surplus of duties may be necessary of the surplus of the duties on imports pledged for pay, and tonnage, beyond the permanent appropriations hereand principal of tofore charged upon them by law, shall be, and hereby ing the interest the loan, &c., The powers vest dent by the 1st of this act. to is, pledged and appropriated for paying the interest of SEC. 11. And be it further enacted, That the powers, ed in the presi- by the first and second sections of this act vested in the and 24 sections president of the United States, shall cease at the expiracease, &c. unless tion of the session of congress next ensuing the present, unless they shall be, by some future law, continued in force for a longer time. [Approved, March 2, 1799.] continued by Jaw, CHAPTER XL. The president authorized to tain vacancies in An act authorizing the president of the United States to fill certain va- SEC. 1. Be it enacted by the Senate and House of Re- navy. the troops. CHAPTER XLI. An act for the better organizing of the troops of the United States, and SEC. 1. Be it enacted by the Senate and House of ReOrganization of presentatives of the United States of America in Congress assembled, That the troops heretofore authorized, and which hereafter may be authorized, to be raised, shall be composed and organized as follows, to wit: A regi *Repealed and supplied by act of 16th March, 1802, chapter 46, so far as it conflicts with the provisions of that act. Sections 8,22,23, and 24, do not appear to come within the operation of the repealing clause. |