United States Statutes at Large/Volume 1/1st Congress/3rd Session/Chapter 28
Chap. XXVIII.—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.
Repealed 1795, ch. 44.
An additional regiment to be raised of 912 men,Section 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 non-commissioned officers, privates and musicians.
how organized.
1790, ch. 10.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, intituled “An act for regulating the military establishment of the United States.”
Their pay and allowances.Sec. 3. And be it further enacted, That the troops 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 herein after mentioned, as are stipulated for the troops of the United States in the before-mentioned act.
Bounty for enlistment.Sec. 4, And be it further enacted, That each non-commissioned 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.
What officers may be appointed,Sec. 5. And be it further enacted, That in case the 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 appointed may choose his aid-de-camp, and a brigadier-general, his brigade-major, from the captains or subalterns of the line. Provided always,and how long continue in service. That the major-general and brigadier-general so to be appointed, 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.
Pay and allowances to the officers.Sec. 6. And be it further enacted, That in case a major-general, brigadier-general, quartermaster, aid-de-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 one 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 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 shall be intitled to the same pay, rations and forage, as the lieutenant-colonel commandant of a regiment. That the aid-de-camp be entitled, including all allowances, to the same pay, rations and forage, as a major of a regiment. That the brigade-major be entitled, including all allowances, to the same pay, rations and forage, as a major of a regiment. That the chaplain be entitled to fifty dollars per month, including pay, rations and forage.
Authority to the President to employ militia cavalry,Sec. 7. And be it further enacted, That if, in the opinion of the President, it will be conducive to the 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.
and levies, in addition to, or in lieu of militia,Sec. 8. And be it further enacted, That if the President should be of opinion, that it will be conducive to the public service, to employ troops inlisted under the denomination of levies, in addition to, or in place of the 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, their term of service and number.for a term not exceeding six months (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 President, that the regiment directed to be raised by the aforesaid act and by this act, will not be completed in time to prosecute such military operations as exigencies may require, it shall be lawful for the President to make 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.
To organize the levies and appoint officers.Sec. 9. And be it further enacted, That the President 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.
Militia and levies to be on the same footing as troops of U. States,Sec. 10. And be it further enacted, That the commissioned and non-commissioned officers, privates and 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.
and entitled to clothing,Sec. 11. And be it further enacted, That the non-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.
and bounty,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.
and engage surgeon’s mates.Sec. 13. And be it further enacted, That in case the nature of the service, upon which the troops of the United States may be employed, should require a greater number of surgeon’s mates than are provided for in the before-mentioned 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.
Allowance to officers for recruiting.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.
Appropriation of monies for carrying this act into effect, andSec. 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; 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 exceedingits amount; three hundred and twelve thousand six hundred and eighty-six dollars and twenty cents, to be paid out of the monies which, prior to the first day of January next, shall arise from the duties imposed upon spirits distilled within the United States, and from stills, by the act, intituled1791, ch. 15. “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, intituled1790, ch. 39. “An act making farther 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;
which may be borrowed if necessary.Sec. 16. Be it further enacted, That it shall be lawful for the President to take on loan the whole sum by this act appropriated, or so much thereof as he may judge requisite, at an interest not exceeding six per centum per annum; and the fund established for the above-mentioned appropriation, is hereby pledged for the repayment of the principal and interest of any loan to be obtained in manner aforesaid; and in case of any deficiency in the said fund, the faith of the United States is hereby also pledged to make good such deficiency.
Approved, March 3, 1791.