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47 61

Assignment of pay not valid,
1 Adjutant general,

47 54 Additional rations, 2 106 | Waiters,

48 65 Rations,

4 5 25 33 100 | Drafted militia men may enlist, Compensation to recruiting officers, 732 Persons entrusted with stores or money, Bounty,

to render accounts,

50 51 Invalids, 11 32 Purchase of supplies,

52 99 Half pay to widows,

12 32 Quarter Master General, &c. 54 59 96 Deserters,

13 32 Regulations to be prepared, &c. 55 Penalty on enticing to desert, 14 32 Ordnance,

56 75 77 92 Oath of recruit,

15 Medical department, 57 66 71 86 95 107 Judge advocate,

16 95 Forage masters, wagon masters, &c. 58 Travelling expenses,

17 32 Exemption from arrests,

18 | Artillery,

63 80 103 Engineer corps, 20 21 22 37 39 94 Clothing,

64 90 Former acts repealed,

23 60 67 78 | Promotions, Teacher of French and drawing, 24 Consolidation of regiments, Rules and articles,

6 26 32 85 Artificers, &c. Spies to suffer death,

27 Aids de camp, Insurrection, army to be employed, 28 | Co-operation with the navy,

74 Light Artillery, 29 30 36 44 80 | Damages to arms,

76 Chaplains, 34 95 | Peace establishment,

79 81 83 85 Cadets, 38 | Infantry and Riflemen,

80 Paymasters, 40 73 87 | General staff,

86 91 Sub-inspectors,

Commissaries, 52 53 88 89 98 101 General's secretary, 43 | Brevet rank,

102 Corporal punishments abolished, 45 Armorers,

104 Forage,

46 62 93

67 68 70



Constitution of the United States. ART. 1. Sec. 8. CL. II. Congress shall have power to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years.

Art. 11. Sec. 9. cl. 1. The president shall be commander in chief of the army, &c.

ACT of May 8th, 1792. 2 Bioren, 303. 1. Sec. iv. No assignment of pay, made after the first day of June next by a noncommissioned officer or private, shall be valid.

ACT of June 7th, 1794. 2 Bioren, 434. 2. Sec. 111. To such of the troops as are, or may be employed on the frontiers, and under such special circumstances as in the opinion of the president of the United States may require an augmentation of some parts of their rations, the president is authorized to direct such augmentation as he may judge necessary, not exceeding four ounces of beef, two ounces of flour, and half a gill of rum or whiskey in addition to each ration, and half a pint of salt to one hundred rations.

(ACT of March 16th, 1802.) ACT of March 3d, 1799. 4 Bioren, 292. [Sec. 4. All noncommissioned officers, artificers, privates, and musicians, who are, and who shall be, enlisted, and the noncommissioned officers, artificers, privates, and musicians, of the militia, or other corps, who at any time may be in the actual service of the United States, shall be exempted, during their term of service, from all personal arrests, for any debt or contract. And whenever any noncommissioned officer, artificer, private, or musician, shall be arrested, whether by mesne process, or in execution, contrary to the intent hereof, it shall be the duty of the judge of the district court of the United States, and of any court or judge of a state, who, by the laws of such state, are authorized to issue writs of habeas corpus, respectively, on application by an officer, to grant a writ of habeas corpus, returnable before himself: and upon due hearing and examination, in a summary manner, to discharge the noncommissioned officer, artificer, private, or musician, 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. [Superseded, infra 18.]

ACT of March 16th, 1802. 3 Bioren, 450. “ An act fixing the military peace establishment of the United States." 3. Sec. iv. The monthly pay of the officers, noncommissioned of. ficers, musicians, and privates, shall be as follows, to wit: each colonel, seventy-five dollars; each lieutenant colonel, sixty dollars; each major, fifty dollars; each surgeon, forty-five dollars; each surgeon's mate, thirty dollars, each adjutant, ten dollars, in addition to his pay in the line; each captain, forty dollars; each first lieutenant, thirty dollars; each second lieutenant, twenty-five dollars; each ensign, twenty dollars; each cadet, ten dollars; each sergeant major, nine dollars; each sergeant, eight dollars; each corporal, seven dollars; each teacher of music, eight dollars; each musician six dollars; each artificer, ten dollars; and each private, five dollars.

4. Sec. v. The commissioned officers aforesaid shall be entitled to receive, for their daily subsistence, the following number of rations of provisions: a colonel, six rations; a lieutenant colonel, five rations; a major, four rations; a captain, three rations; a lieutenant, two rations; an ensign, two rations; a surgeon, three rations; a surgeon's mate, two rations; a cadet, two rations; or money in lieu thereof, at the option of the said officers and cadets, at the posts, respectively, where the rations shall become due. And each noncommissioned officer, musician, and private, one ration; to the commanding officers of each separate post, such additional number of rations as the president of the United States shall, from time to time, direct, having respect to the special circum

om ficer, skiy, be lithori

(ACT of March 16th, 1802.) stances of each post; to the women who may be allowed to any particular corps, not exceeding the proportion of four to a company, one ration each; to such matrons and nurses as may be necessarily employed in the hospital, one ration, each. [Infra 33. and 100.

5. Sec. VI. Each ration shall consist of one pound and a quarter of beef, or three-quarters of a pound of pork, eighteen ounces of bread or flour, one gill of rum, whiskey, or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and an half of candles, to every hundred rations.

6. Sec. x. The officers, noncoinmissioned officers, musicians, and privates, of the said corps, shall be governed by the rules and articles of war, which have been established by the United States in congress assembled, or by such rules and articles as may be hereafter by law established: Provided, nevertheless, That the sentence of general courts martial, extending to the loss of life, the dismission of a commissioned officer, or which shall respect the general officer, shall, with the whole of the proceedings of such cases, respectively, be laid before the president of the United States, who is hereby authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper.

7. Sec. XI. The commissioned officers who shall be employed in the recruiting service, to keep up, by voluntary enlistment, the corps as aforesaid, shall be entitled to receive, for every effective able bodied citizen of the United States who shall be duly enlisted by him, for the term of five years, and mustered, of at least five feet six inches high, and between the ages of eighteen and thirty-five years, the sum of two dollars: Provided, nevertheless, That this regulation, so far as respects the height and age of the recruit, shall not extend to musicians, or to those soldiers who may re-enlist into the service: And provided, also, That no person under the age of twenty-one years shall be enlisted by any officer, or held in the service of the United States, without the consent of his parent, guardian, or master, first had and obtained, if any he have; and if any officer shall enlist any person contrary to the true intent and meaning of this act, for every such offence he shall forfeit and pay the amount of the bounty and clothing which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer.

8. Sec. XII. That there shall be allowed and paid to each effective able bodied citizen, recruited as aforesaid, to serve for the term of five years, a bounty of twelve dollars; but the payment of six dollars of the said bounty shall be deferred, until he shall be mustered and have joined the corps in which he is to serve.

9. SEC. XIII. That the said corps shall be paid in such manner that the arrears shall, at no time, exceed two months, unless the circumstances of the case shall render it unavoidable.

at such rate be placed while ince establish

(ACT of March 16th, 1802.) 10. Sec. xiv. That if any officer, noncommissioned officer, musician, or private, in the corps composing the peace establishment, shall be disabled by wounds or otherwise, while in the line of his duty, in public service, he shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as may be directed by the president of the United States, for the time being: Provided always, That the compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed, for the highest rate of disability, half the monthly pay of such officer at the time of his being disabled or wounded; and that no officer shall receive more than the half pay of a lieutenant colonel; and that the rate of compensation to noncommissioned officers, musicians, and privates, shall not 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.

11. Sec. xv. That if any comissioned officer in the military peace establishment of the United States, shall, while in the service of the United States, die, by reason of any wound received in actual service of the United States, and leave a widow, or, if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. But in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay, for the remainder of the time, shall go to the child or children of such de. ceased officer: Provided always, That such half pay shall cease on the decease of such child or children.

12. Sec. xvii. If any noncommissioned officer, musician, or private, shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve, for and during such a period, as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court martial, and punished, although the terın of his enlistment may have elapsed previous to his being apprehended or tried.

13. Sec. XIX. Every person who shall procure or entice a soldier in the service of the United States to desert, or who shall purchase from any soldier his arms, 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 any 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 any court having cognizance of the same, in any sum not exceeding three hundred dollars, or be imprisoned, any term not exceeding one year.

(ACT of March 16th, 1802) 14. Sec. XX. Every officer, noncommissioned officer, musician, and private, shall take and subscribe the following oath or affirmation, to wit: “I, A. B. do solemnly swear, or affirm, (as the case may be) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against their enemies or opposers, whomsoever; and that I will 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.

15. Sec. xxi. Whenever a general court martial shall be ordered, the president of the United States may appoint some fit person to act as judge advocate, who shall be allowed, in addition to his other pay, one dollar and twenty-five cents for every day he shall be necessarily employed in the duties of the said court; and in cases where the president shall not have made such appointment, the brigadier general, or the president of the court, may make the same.

16. Sec. xxu. That where any commissioned officer shall be obliged to incur any extra expense in travelling, and sitting on general courts martial, he shall be allowed a reasonable compensation for such extra expense, actually incurred, not exceeding one dollar and twenty-five cents per day to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage.

17. SEC. XXIll. That no noncommissioned officer, musician, or private, shall be arrested, or subject to arrest, or to be taken in exe. cution, for any debt under the sum of twenty dollars, contracted before enlistment, nor for any debt contracted after enlistment.

18. SEC. XXIV. Whenever any officer or soldier shall be discharged from the service, except by way of punishment for any offence, he shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day.

19. Sec. XXVI. The president of the United States is hereby authorized and empowered, when he shall deem it expedient, to organize and establish a corps of engineers, to consist of one engineer, with the pay, rank, and emoluments, of a major; two assistant engineers, with the pay, rank, and emoluments of captains, two other assistant engineers, with the pay, rank, and emoluments, of first lieutenants; two other assistant engineers, with the pay, rank, and emoluments, of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: and the president of the United States is, in like manner, authorized, when he shall deem it proper, to make such promotions in the said corps, with a view to particular merit, and without regard to rank, so as not to exceed one colonel, one lieutenant colonel, two majors, four captains, four first lieutenants, four second lieutenants, and

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