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them honestly and faithfully, against all their enemies or opposers, whomsoever, 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, according to the articles of war.”

rules and arti

SEC. 13. And be it further enacted, That the commis. Troops to be go sioned officers, non-commissioned officers, privates and vered by the musicians, aforesaid, shall be governed by the rules and cles of war, &c. articles of war, which have been established by the United States in Congress assembled, as far as the same may be applicable to the constitution of the United States, or by such rules and articles as may hereafter by law be established.

pealed.

ed officers and privates, declin

may be dis

SEC. 14. And be it further enacted, That the "act for Act of the 29th recognizing, and adapting to the constitution of the Sept. 1789, reUnited States, the establishment of the troops raised under the resolves of the United States in congress assembled, and for other purposes therein mentioned,” passed the twenty-ninth day of September, one thousand seven hundred and eighty-nine, be, and the same is, hereby repealed: Provided always, That the non- Non-commissioncommissioned officers and privates, continued and engaged under the aforesaid act of the twenty-ninth day greenlist, of September, one thousand seven hundred and eighty-charged, &e. nine, and who shall decline to re-enlist under the establishment made by this act, shall be discharged whenever the president of the United States shall direct the same: Provided further, That the whole number of non- Proviso; the commissioned officers, privates and musicians, in the service of the United States at any one time, either by exceed 1,216. virtue of this act, or by virtue of the aforesaid act, passed the 29th day of September, one thousand seven hundred and eighty-nine, shall not exceed the number of one thousand two hundred and sixteen.

whole number of troops net to

eal! mil tia, in

Jar

troops,

&c.

SEC. 15. And be it further enacted, That for the pur- President may pose of aiding the troops now in service, or to be raised aid of the resu by this act, in protecting the inhabitants of the frontiers of the United States, the 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 service, be the same as the pay and subsistence of the troops abovementioned, and they shall be subject to the rules and articles of war, [Approved, April 30, 1790.]

+See chapter 2, with its supplements. See chapter 11.

An additional regiment of 912

men.

Organization of the regiment.

Pay, allowances, regulations, term

CHAPTER XIII.

An act for raising and adding another regiment to the military establishment of the United States, and for making farther provision for the protection of the frontiers.*

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be raised an additional regiment of infantry, which, exclusive of the commissioned officers, shall consist of nine hundred and twelve noncommissioned officers, privates, and musicians.

SEC. 2. And be it further enacted, That the said regiment shall be organized in the same manner as the regiment of infantry described in the act, entitled "An act for regulating the military establishment of the United States."

SEC. 3. And be it further enacted, That the troops of service, &c. aforesaid, by this act to be raised, including the officers, shall receive the same pay and allowances, be subject to the same rules and regulations, and be engaged for the like term, and upon the same conditions, in all respects, excepting the bounty hereinafter mentioned, as are stipulated for the troops of the United States, in the beforementioned act.

Bounty for en

listment.

Officers to be ap pointed at the

eretion.

SEC. 4. And be it further enacted, That each noncommissioned officer, private, and musician, who has enlisted, or shall enlist, pursuant to the act aforesaid, or who shall enlist pursuant to this act, shall be entitled to receive six dollars as a bounty.

SEC. 5. And be it further enacted, That in case the president's dis- president of the United States should deem the employment of a major-general, brigadier-general, a quartermaster, and chaplain, or either of them, essential to the public interest, that he be, and he hereby is, empowered, by and with the advice and consent of the senate, to appoint the same accordingly. And a major general so Aids-de-camp, appointed, may choose his aid-de-camp, and a brigabrigade majors, dier general his brigade-major, from the captains, or subalterns, of the line: Provided always, That the mamajor and briga jor-general, and brigadier-general, so to be appointed, dier-generals, shall, respectively, continue in pay during such term only, as the president of the United States, in his discretion, shall deem it requisite for the public service.

&c.

Proviso; as to term of pay of

Pay and allow

ances:

SEC 6. And be it further enacted, That in case a major general, brigadier general, quartermaster, aid-de*Repealed and supplied by act of 3d March, 1795-see chapter 24. See chapter 12, section 3.

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ral:

neral:

camp, brigade-major, and chaplain, should be appointed, their pay and allowances shall be, respectively, as herein mentioned: The major-general shall be entitled to to major-geneone hundred and twenty five dollars, monthly pay, twenty dollars allowance for forage, monthly, and for daily subsistence fifteen rations, or money in lieu thereof, at the contract price. The brigadier-general shall to brigadier-ge be entitled to ninety four dollars, monthly pay, with sixteen dollars allowance for forage, monthly, and for daily subsistence twelve rations, or money in lieu thereof, at the contract price. That the quartermaster to quartermasshall be entitled to the same pay, rations, and forage, as the lieutenant-colonel-cominandant of a regiment. That the aid-de-camp be entitled, including all allow- to aid-de-camp: ances, to the same pay, rations, and forage, as a major

ter:

of a regiment. That the brigade major be entitled, in- to brigade major: cluding all allowances, to the same pay, rations, and to chaplain. forage, as a major of a regiment. That the chaplain be entitled to fifty dollars per month, including pay, ra

tions, and forage.

cavalry, &c.

SEC. 7. And be it further enacted, That if, in the president may opinion of the president, it shall be conducive to the employ militia good of the service, to engage a body of militia to serve as cavalry, they furnishing their own horses, arms, and provisions, it shall be lawful for him to offer such allowances, to encourage their engaging in the service, for such time, and on such terms, as he shall deem it expedient to prescribe.

addition, or in

&c. for a term

six months.

SEC. 8. And be it further enacted, That if the presi- President may dent should be of opinion that it will be conducive to the employ levies in public service, to employ troops enlisted under the de- place of militia, nomination of levies, in addition to, or in place of, the not exceeding militia which, in virtue of the powers vested in him by law, he is authorized to call into the service of the United States, it shall be lawful for him to raise, for a term not exceeding six monhts. (to be discharged sooner, if the public service will permit,) a corps, not exceeding two thousand non-commissioned officers, privates, and musicians, with a suitable number of commissioned officers. And in case it shall appear probable to the pre- In case the regisident, that the regiment directed to be raised by the cannot be com aforesaid act, and by this act, will not be completed in pleted in time, the president time to prosecute such military operations as exigencies may supply the may require, it shall be lawful for the president to make vies and militia. a substitute for the deficiency, by raising such farther number of levies, or by calling into the service of the United States, such a body of militia as shall be equal thereto.

ment authorized

deficiency by le

Organization.

ed officers of le

SEC. 9. And be it further enacted, That the president and commission be, and he hereby is, empowered to organize the said levies, and alone to appoint the commissioned officers thereof, in the manner he may judge proper.

vies.

Militia and levies subject t

SEC. 10. And be it further enacted, That the comthe rules and ar- missioned and non-commissioned officers, privates, and ticles of war, &c. musicians, of the militia, or said corps of levies, shall, during the time of their service, be subject to the rules and articles of war; and they shall be entitled to the same pay, rations, and forage, and, in case of wounds or disability in the line of their duty, to the same compensation as the troops of the United States.

Levies entitled to SEC. 11. And be it further enacted, That the non

proportional quantity of clothing, &c.

each of the le

vies,

commissioned officers, privates, and musicians, of the said corps of levies, shall be entitled to receive such proportional quantity of clothing, as their time of service shall bear to the annual allowance of clothing to the troops of the United States. subject, however, to a proportional deduction from their pay.

5 dolls. bounty to SEC. 12. And be it further enacted. That each of the non-commissioned officers. privates, and musicians, of the said levies, shall be entitled to receive three dollars as a bounty.

engage an addi

President may SEC. 13. And be it further enacted, That in case the obal number of nature of the service, upon which the troops of the surgeon's mates. United States may be employed, should require a

Two dollars al

lowed for every recruit.

Appropriation for expenses to be incurred by this act:

greater number of surgeon's mates than are provided for in the beforementioned act, the president of the United States may engage, from time to time, such additional number of surgeon's mates as he shall judge

necessary.

SEC. 14. And be it further enacted, That the commissioned officers, who shall be employed to recruit men for the said regiments, shall be entitled to receive, for every recruit who shall be duly enlisted and mustered, the sum of two dollars.

SEC. 15. And be it further enacted, That for defraying the expense, for one year, of the additional regiment to be raised by virtue of this act; for defraying the expense, for a like term, of the officers mentioned in the seventh section of this act; for defraying the expense of the said militia horse, militia foot, and levies, which may be called into, or engaged for, the service of the United States, pursuant to this act; for defraying the expense of such surgeon's mates as may be appointed pursuant to the fifteenth section of this act; for defraying the expense of recruiting the said two regiments;

312,686 dolls. 20

and for defraying the expense of any military posts which the president shall judge expedient and proper to establish; there be, and hereby is, appropriated, a sum, not exceeding three hundred and twelve thousand six Not exceeding hundred and eighty-six dollars and twenty cents, to be cents. paid out of the moneys which, prior to the first day of January next, shall arise from the duties imposed upon Fund. spirits distilled within the United States, and from stills, by the act, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same;" together with the excess of duties which may arise from the duties imposed by the said act on imported spirits, beyond those which would have arisen by the act, entitled "An act making further provision for the payment of the debts of the United States."

And to the end that the public service may not be impeded for want of necessary means:

borrow the sum

an interest not

SEC. 16. Be it further enacted, That it shall be law- President may ful for the president to take on loan, the whole sum by appropriated, at this act appropriated, or so much thereof as he may judge exceeding six per requisite, at an interest not exceeding six per centum cent. per annum; and the fund established for the abovementioned appropriation, is hereby pledged for the repay- Pledge of fund: ment of the principal and interest of any loan to be obtained in manner aforesaid; and in case of any defi

ciency in the said fund, the faith of the United States is And of publie hereby also pledged to make good such deficiency.

[Approved, March 3, 1791.]

faith.

CHAPTER XIV.

An act for making farther and more effectual provision for the protection of the frontiers of the United States.*

artillery, and

completed.

SEC. 1. Be it enacted by the Senate and House of Re- The battalion of presentatives of the United States of America in Congress two regiments of assembled, That the battalion of artillery now in ser: infantry to be vice, be completed according to the establishment, and that the two regiments of infantry now in service, be completed to the number of nine hundred and sixty noncommissioned officers, privates, and musicians, each.

*Repealed and supplied by act of 3d March, 1795-see chap. 24.

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