United States Statutes at Large/Volume 1/3rd Congress/2nd Session/Chapter 44

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1185954United States Statutes at Large, Volume 1 — Public Acts of the Third Congress, 2nd Session, Chapter 44United States Congress


March 3, 1795
[Obsolete.]

Chap. ⅩⅬⅣ.An Act for continuing and regulating the military establishment of the United States, and for repealing sundry acts heretofore passed on that subject.

Present military establishment continued.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the present military establishment of the United States, composed of a corps of artillerists and engineers, to consist of nine hundred and ninety-two non-commissioned officers,1796, ch. 39. privates and musicians, and of a legion to consist of four thousand eight hundred non-commissioned officers, privates and musicians, be, and the same is hereby continued.

Corps of artillerists and engineers to be completed.Sec. 2. And be it further enacted, That the said corps of artillerists and engineers be completed, conformably to the act of the eighth of May last, establishing the same, and prescribing the number and term of enlistments, and the method of organization.

The legion of the U. States to be completed.
1794, ch. 24.
Proviso.
Sec. 3. And be it further enacted, That the legion of the United States be also completed, to the number of four thousand eight hundred non-commissioned officers privates and musicians, by voluntary enlistments for the term of three years,} and that the sub-legions composing the same, be organized in such manner, as the President of the United States shall direct. Provided nevertheless, That no such enlistment shall be made after three years from the passing of this act.

Cavalry may be ordered to serve as dismounted dragoons:Sec. 4. And be it further enacted, That it shall be stipulated as a condition in the enlistments for the cavalry, that they shall serve as dismounted dragoons, when ordered so to do, and that in all cases of enlistments of the troops of every description, there be expressly reserved to the government, a right to dischargeand troops may be discharged. the whole or any part thereof, at such times, and in such proportions, as may be deemed expedient.

Allowance to officers in the recruiting service.Sec. 5. And be it further enacted, That the commissioned officers, who shall be employed in the recruiting service, shall be entitled to receive, for every able-bodied recruit duly enlisted and mustered, of at least five feet six inches in height, and not under the age of eighteen, nor above the age of forty-six years, the sum of two dollars.

Bounty on reenlistment.Sec. 6. And be it further enacted, That there shall be allowed and paid to each soldier now in the service of the United States, or discharged therefrom subsequent to the third day of March last, who shall re-enlist, a bounty of sixteen dollars; Bounty on original enlistment.
Part of bounty to be debarred.
and to each person not now in the army of the United States, or discharged as above, who shall hereafter enlist, a bounty of fourteen dollars: but the payment of four dollars of the bounty of each and every man so enlisting, shall be deferred until he shall have joined the corps in which he is to serve.

Sec. 7. And be it further enacted, That every non-commissioned officer, private and musician of the artillery and infantry shall receive, annually, the following articles of uniform clothing, to wit:Clothing of the troops. one hat or helmet, one coat, one vest, two pair of woollen and two pair of linen overalls, four pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, and one pair of buckles. And that there be furnished to the cavalry and riflemen, such clothing as shall be the most suitable and best adapted to the nature of the service, having regard therein, as nearly as may be, to the value of the clothing allowed as above, to the infantry and artillery.

Sec. 8. And be it further enacted, That every non-commissioned officer, private and musician shall receive, daily, the following rations of provision, to wit:Rations.
Rations.
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 whisky, 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; or the value thereof, at the contract price, where the same shall become due; and if, at such post, supplies are not furnished by contract, then such allowance, as shall be deemed equitable, having reference to former contracts, and the position of the place in question:

Additional rations to those employed in the military service of U. States on the western frontiers.Sec. 9. Provided always, and be it further enacted, That to those in the military service of the United States, who are, or shall be employed on the western frontiers, there shall be allowed, during the time of their being so employed, two ounces of flour or bread, and two ounces of beef or pork, in addition to each of their rations, and half a pint of salt in addition to every hundred of their rations.

Monthly pay of officers, non-commissioned officers, musicians, and privates, on the military establishment of U. States.Sec. 10. And be it further enacted, That the monthly pay of the officers, non-commissioned officers, musicians and privates on the military establishment of the United States, be as follows; to wit: General Staff, a major general, one hundred and sixty-six dollars; a brigadier general, one hundred and four dollars; a quartermaster general, one hundred dollars; adjutant general, to do also the duty of inspector, seventy-five dollars; chaplain, fifty dollars; surgeon, seventy dollars; deputy quartermaster, fifty dollars; aid-de-camp, in addition to his pay in the line, twenty-four dollars; brigade major, to act also as deputy inspector, in addition to his pay in the line, twenty-four dollars; principal artificer, forty dollars; second artificer, twenty-six dollars; regimental lieutenant-colonel commandment, seventy-five dollars; major of artillery, and major of dragoons, fifty-five dollars; major of infantry, fifty dollars; paymaster, adjutant, and quartermaster, in addition to their pay in the line, ten dollars; captains, forty dollars; lieutenants, twenty-six dollars; ensigns and cornets, twenty dollars; surgeons, forty-five dollars; surgeon’s mates, thirty dollars; sergeant majors, and quartermaster sergeants, eight dollars; senior musicians, seven dollars; sergeants, seven dollars; corporals, six dollars; musicians, five dollars; privates, four dollars; artificers allowed to the infantry, light dragoons and artillery, nine dollars; matrons and nurses in the hospital, eight dollars.

Rations of commissioned officers.Sec. 11. And be it further enacted, That the commissioned officers aforesaid shall be entitled to receive, for their daily subsistence, the following number of rations of provisions, to wit: a major general, fifteen rations; a brigadier general, twelve rations; a lieutenant-colonel commandant, and quartermaster general, each, six rations; a major, four rations; brigade major, and aid-de-camp, four rations; a captain, three rations; a lieutenant, ensign, or cornet, two rations; a surgeon, as well hospital as regimental, three rations; a surgeon’s mate, two rations; a deputy quartermaster, two rations; a principal, and second artificer, each, two rations; a chaplain, two rations; In lieu thereof money at the contract price.or money, in lieu thereof, at the option of the said officers, at the contract price, at the posts respectively, where the rations shall become due.

Monthly allowance of certain officers instead of forage, when it is not furnished by the public.Sec. 12. And be it further enacted, That the officers herein after described shall, whenever forage shall not be furnished by the public, receive, at the rate of the following enumerated sums, per month, instead thereof, to wit: the major general, twenty dollars; the brigadier general, sixteen dollars; lieutenant colonel, twelve dollars; quartermaster general, adjutant general and surgeon general, each, twelve dollars; major, ten dollars; aid-de-camp, brigade major, and surgeon, each, ten dollars; captain of cavalry, eight dollars; chaplain and surgeon’s mate, each, six dollars; deputy quartermaster, and subalterns of cavalry, each, six dollars; principal artificer, paymaster, adjutant, and regimental quartermaster, each, six dollars.

Sec. 13. And be it further enacted, That if any officer, non-commissioned officer, private or musician aforesaid, shall be wounded or Allowance to persons wounded or disabled in the line of their duty.disabled, 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 for the time being: Provided always, That the rate of compensation to be allowed for such wounds or disabilities to a commissioned officer, shall never exceed, for the highest disability, half the monthly pay of such officer, at the time of his being so disabled or wounded; and that the rate of compensation to non-commissioned officers, privates and musicians, shall never exceed five dollars per month: And provided also, That all inferior disabilities shall entitle the person so disabled, to receive an allowance proportionate to the highest disability.

Officers, non-commissioned officers, privates and musicians, subject to articles of war.Sec. 14. And be it further enacted, That the officers, non-commissioned officers, privates and musicians aforesaid shall be governed by the rules and 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.

Oath to be taken and subscribed by them.Sec. 15. And be it further enacted, That every officer, non-commissioned officer, private and musician aforesaid, shall take and subscribe the following oath or affirmation, to wit: “I, A. B, do solemnly swear or affirm (as the case may be) to bear true allegiance to the United States of America, and to serve 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 and the orders of the officers appointed over me, according to the rules and articles of war.”

President to arm the troops.Sec. 16. And be it further enacted, That it shall be lawful for the President of the United States, to arm the troops aforesaid, whether riflemen, artillerists, dragoons or infantry, as he shall think proper; and that it be also lawful for him to forbear to raise, or to discharge, after they shall be raised,To forbear to raise, or to discharge them. any part thereof, in case events shall, in his judgment, render his so doing consistent with public safety, and general convenience and economy.

Penalty on enticing a soldier to desert, or purchasing his arms or clothing, or concealing deserter &c.Sec. 17. And be it further enacted, That every person, who shall procure, or entice a soldier in the service of the United States, to desert, or who shall conceal such soldier, knowing him to have deserted, or who shall purchase from such soldier, his arms, or his uniform clothing, or any part thereof, and every captain or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of the court, in any sum not exceeding three hundred dollars, or be imprisoned, for any term not exceeding one year.

Sec. 18. And be it further enacted, That the several acts, intituled 1790, ch. 10.
Former acts repealed.
March 3, 1791.
June 7, 1794.
1792,ch. 9.
Existing commissions, appointments and enlistments not to be vacated thereby.
An act for regulating the military establishment of the United States;” “An act for raising and adding another regiment, to the military establishment of the United States, and for making further provision for the protection of the frontiers;” “An act for making farther and more effectual provision for the protection of the frontiers of the United States,” be, and the same are hereby repealed; and also so much of any act, or acts of the present session, as comes within the purview of this act: Provided always, That nothing in this section contained shall be so construed, as to vacate the commissions, which have been issued, or any appointments or enlistments, which have been made, in pursuance of the acts herein repealed.

Approved, March 3, 1795.