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Acts of Congress.

shall not be furnished by the United States, the further sum of twenty dollars per month; a brigadier general, one hundred and four dollars per month, twelve rations per day, or an equivalent in money, and sixteen dollars per month for forage, when not furnished as aforesaid; a lieutenantcolonel commandant, seventy-five dollars per month, six rations per day, or an equivalent in money, and twelve dollars for forage, when not furnished as aforesaid; a major of artillery or cavalry, each fifty-five dollars per month, four rations per day, or an equivalent in money, and ten dollars per month for forage, when not furnished as aforesaid; a major of infantry, fifty dollars per month, four rations per day, or an equivalent in money, and ten dollars per month for forrage, when not furnished as aforesaid; a captain of cavalry, forty dollars per month, three rations per day, or an equivalent in money, and eight dollars per month for forage, when not furnished as aforesaid; a captain of artillery and infantry, forty dollars per month, and three rations per day, or an equivalent in money; a first lieutenant of cavalry, thirty dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid; lieutenants of artillery, each, thirty dollars per month, and two rations per day, or an equivalent in money; a second lieutenant of cavalry, twenty-five dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid; a first lieutenant of infantry, thirty dollars per month, and two rations per day, or an equivalent in money; a second lieutenant of infantry, twenty-five dollars per month, and two rations per day, or an equivalent in money; a regimental surgeon, forty-five dollars per month, three rations per day, or an equivalent in money, and ten dollars per month for forage, when not furnished as aforesaid; a surgeon's mate, thirty dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid; a regimental paymaster, quartermaster, and adjutant, in addition to their pay in the line, each ten dollars, and six dollars per month for forage, when not furnished as aforesaid; a cadet of cavalry, ten dollars per month, two rations per day, or an equivalent in money, and six dollars per month for forage, when not furnished as aforesaid; all other cadets, ten dollars per month, and two rations per day, or an equivalent in money; a sergeant-major and a quartermaster-sergeant, each, ten dollars per month; a chief musician, eight dollars per month; a sergeant, eight dollars per month; a corporal, seven dollars per month; a musician, six dollars per month; an artificer to the infantry and artillery, a farrier, saddler, and boot-maker to the dragoons, each ten dollars per month; a private soldier, five dollars per month, and to each of the said noncommissioned officers and privates, one ration of provisions per day.

the non-commissioned 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, and they are hereby exempted, during their term of service, from all personal arrests for any debt or contract. And whenever any non-commissioned 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 applicaut, or some other officer of the same corps.

SEC. 5. And be it further enacted, That each non-commissioned officer, private, artificer, and musician, who shall hereafter be enlisted for the Army of the United States, shall be able bodied, and of a size and age suitable for the public service, according to the directions which the President of the United States shall and may establish, and shall be entitled to a bounty of twelve dollars; but the payment of four dollars thereof shall be deferred untill he shall have joined the Army: And each commissioned officer who shall be employed in the recruiting service, shall be entitled to receive, for each such non-commissioned officer, and private, and artificer, and for each sufficient musician, duly enlisted and mustered, the sum of two dollars, the same being in full compensation for his extra expenses in the execution of this service.

SEC. 6. And be it further enacted, That when any officer shall be detached from a regiment, to serve as an aid to a general officer, or as assistant or other inspector, or as an assistant to the quartermaster general, by whatsoever name, or as an assistant to the adjutant general, by whatsoever name, the place of such officer in his regiment shall be supplied by promotion or new appointment, or both, as may be requisite; but the officer detached shall nevertheless retain his station in his regiment, and shall rank and rise therein, in the same manner as if he had not been detached.

SEC. 7. And be it further enacted, That no officer shall be appointed as the inspector of a division, who, when appointed, shall be of a rank higher than that of major, or as the inspector of a brigade, who, when appointed, shall be of a rank higher than that of captain, or as the aid of a major general, who, when appointed, shall be of a rank higher than that of captain, or as the aid of a brigadier general, who, when appointed, shall be of a rank higher than that of first lieutenant, or as the quartermaster of a division, who, when appointSEC. 4. And be it further enacted, That all non-ed, shall be of a rank higher than that of captain, commissioned officers, artificers, privates, and mu- or as the quartermaster of a brigade, who, when sicians, who are and who shall be enlisted, and appointed, shall be of a rank higher than that of

Acts of Congress.

first lieutenant, or as an assistant to the adjutant general, who, when appointed, shall be of a rank higher than that of captain.

SEC. 8. And be it further enacted, That in the ordinary arrangement of the army, two regiments of infantry or cavalry shall constitute a brigade, and shall be commanded by a brigadier general; two brigades, a division, and shall be commanded by a major general. Provided always, that it shall be in the discretion of the commanding general, to vary this disposition, whenever he shall judge it proper; and provided also, that this act shall not render it necessary to appoint any greater number of general officers than have been heretofore authorized by law, sooner than in the opinion of the President, the military service of the United States shall require it.

SEC. 9. And be it further enacted, That a commander of the army of the United States shall be appointed and commissioned by the style of " General of the armies of the United States," and the present office and title of lieutenant general shall thereafter be abolished.

SEC. 10. And be it further enacted, That there shall be a quartermaster general of the army of the United States, who shall be entitled to the rank, pay, emoluments and privileges of a major general.

SEC. 11. And be it further enacted, That it shall be lawful for the President of the United States, at his discretion, to organize, officer, and raise a battalion of riflemen, to consist of the same number of officers and men, and to be entitled to the same pay and emoluments, whatsoever, as a battalion of infantry of the line.

SEC. 12. And be it further enacted, That to any army of the United States, other than that in which the quartermaster general shall serve, there shall be a field officer, and who, in addition to his other emoluments, shall be entitled to fifty dollars per month, which shall be in full compensation for his extra services and travelling expenses; but the provisions of this act are not to affect the present quartermaster general of the army of the United States, who, in case a quartermaster general shall be appointed by virtue of this act, is to act as deputy quartermaster general, and shall hereafter have the rank of lieutenant colonel; and that to every division of an army, there shall be a division quartermaster, who, in addition to his other emoluments, shall be entitled to thirty dollars per month, which shall be in full compensation for his extra services and travelling expenses; and that to every brigade there shall be a brigade quartermaster, who, in addition to his other emoluments, shall be entitled to twenty-four dollars per month, which shall be in full compensation for his extra services and travelling expenses; each of which officers shall be chosen by the quartermaster general, from among the regimental officers.

SEC. 13. And be it further enacted, That to any army of the United States, other than that in which the inspector general shall serve, there shall be a deputy inspector general, who shall be a field officer, and who, in addition to his other emoluments, shall be entitled to fifty dollars per month, which

shall be in full compensation for his extra services and travelling expenses; and that to every division of an army there shall be a division inspector, who, in addition to his other emoluments, shall be entitled to thirty dollars per month, which shall be in full compensation for his extra services and travelling expenses; and that to every brigade there shall be a brigade inspector, who, in addition to his other emoluments, shall be entitled to twenty-four dollars per month, which shall be in full compensation for his extra services and travelling expenses: each of which officers shall be chosen by the inspector general from among the regimental officers-the deputy inspector general to be in every case approved by the general commanding the army to which he shall be annexed.

SEC. 14. And be it further enacted, That the adjutant general of the army shall be, ex officio, assistant inspector general, and that every deputy inspector general shall be, ex officio, deputy adjutant general, and shall perform the duties of adjutant general in the army to which he shall be an

nexed.

SEC. 15. And be it further enacted, That the paymaster general of the armies of the United States, shall always quarter at or near the headquarters of the main army, or at such place as the commander-in-chief shall deem proper; and that to the army on the western frontiers and to detachments from the main army intended to act separately for a time, he shall appoint deputy paymasters, who shall account to him for the money advanced to them, and shall each give a bond in the sum of fifteen thousand dollars, with sufficient sureties for the faithful discharge of their duties, respectively, and take an oath faithfully to execute the duties of their offices; and the several regimental paymasters shall also give bond in the sum of five thousand dollars with one or more sufficient sureties, and take an oath as aforesaid for the faithful discharge of the duties of their offices respectively; and that the paymaster general shall receive eighty dollars per month, with the rations and forage of a major, în full compensation for his services and travelling expenses; and the deputy, in addition to his pay and other emoluments, thirty dollars per month, in full compensation for his extra services and travelling expenses.

SEC. 16. And be it further enacted, That every major general of the army of the United States shall be entitled to two aids, to be chosen by himself, each of whom, in addition to his pay and other emoluments in his regiment, shall receive twentyfour dollars per month, and ten dollars per month for forage, when not furnished as aforesaid; and that every brigadier general of the said army shall be entitled to one aid, to be chosen by himself, who, in addition to his pay and other emoluments in his regiment, shall receive twenty-four dollars per month, and ten dollars per month for forage when not furnished as aforesaid.

SEC. 17. And be it further enacted, That the President of the United States be authorized to engage and appoint, distinct from the officers of the corps of artillerists and engineers, two engineers, with the rank of lieutenant colonel, and to

Acts of Congress.

stipulate and allow to them respectively, such compensations as he shall find necessary and expedient.

SEC. 18. And be it further enacted, That an inspector of fortifications shall be appointed, whose duties shall be assigned by the Secretary of War under the direction of the President of the United States, that the compensation to be allowed to the said inspector, if selected from the corps of artillerists and engineers, in full for his extra services and travelling expenses, shall, besides his pay and emoluments in the corps, be thirty-five dollars per month, and if he shall not be an officer in the artillery or army, he shall, in full compensation for his services and expenses, be allowed the sum of seventy-five dollars monthly, and be entitled to the rank of major in the army of the United States, and in case the said inspector shall be chosen from the corps of artillerists and engineers or army of the United States, his place therein shall be supplied by promotion or a new appointment or both, as may be requisite; but he shall, nevertheless, retain his station in the said corps or army, and shall rank and rise therein, in the same manner as if he had never been appointed to the said office of inspector.

SEC. 19. And be it further enacted, That a ration of provisions, shall henceforth consist of eightteen ounces of bread or flour, or when neither can be obtained, of one quart of rice or one and an half pound of sifted or bolted Indian meal, one pound and a quarter of fresh beef, or one pound of salted beef, or three quarters of a pound of salted pork, and when fresh meat is issued, salt at the rate of two quarts for every hundred rations, soap at the rate of four pounds, and candles at the rate of a pound and a half for every hundred rations. Provided always, that there shall be no diminution of the ration to which any of the troops now in service may be entitled by the terms of their enlist

ment.

other ardent spirits, in quantities not exceeding half a gill to each man per day, excepting in cases of fatigue service, or other extraordinary occasions, and that whensoever supplies thereof shall be on hand, there shall be issued to the troops vinegar at the rate of two quarts for every hundred rations. SEC. 23. And be it further enacted, That it shall be lawful for the commanding officer of each regiment, whenever it may be necessary, to cause the coats, vests, and overalls, or breeches, which may, from time to time, be issued to and for his regiment, to be altered and new made, so as the better to fit them to the persons respectively for whose use they shall be delivered; and for defraying the expense of such alteration, to cause to be deducted and applied out of the pay of such persons a sum or sums not exceeding twenty-five cents for each coat, eight cents for each vest and for each pair of overalls or breeches.

SEC. 24. And be it further enacted, That it shall be lawful for the Secretary of War, to cause to be provided, in each and every year, all clothing, camp utensils, and equipage, medicines, and hospital stores, necessary for the troops and armies of the United States for the succeeding year, and for this purpose to make purchases, and enter, or cause to be entered into, all necessary contracts or obligations for effecting the same.

SEC. 25. And be it further enacted, That whenever any officer or soldier shall be discharged from the service, except by way of punishment for an offence, he shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient to travel from the place where he receives his discharge to the place of his residence, computing at the rate of twenty miles to a day.

SEC. 26. And be it further enacted, That there shall be allowed to the inspector general, in addition to his allowance as major general, and in full compensation for extra services and expenses in the execution of his office, the sum of fifty dollars per month, and that he shall be allowed a secretary, to be appointed by himself, with the pay and emoluments of a captain. Approved, March 3, 1799.

SEC. 20. And be it further enacted, That every non-commissioned officer, private, artificer, and musician of the artillery and infantry, shall receive annually, the following articles of uniform clothing, to wit: one hat, one coat, one vest, two pair of woollen and two pair of linen overalls, four pair of shoes, four shirts, four pair of socks, one blanket, one stock and clasp, and one pair of buckles. Resolved, by the Senate and House of RepresentSEC. 21. And be it further enacted, That suit- atives of the United States of America, in Conable clothing be provided for the dragoons, adapt-gress assembled, That the Secretary of the Sened to the nature of the service, and conformed as near as may be to the value of the clothing allowed to the infantry and artillery.

SEC. 22. And be it further enacted, That it shall be lawful for the commander-in-chief of the army, or the commanding officer of any separate detachment or garrison thereof, at his discretion, to cause to be issued, from time to time, to the troops under his command, out of such supplies as shall have been provided for the purpose, rum, whiskey, or

ate and the Clerk of the House of Representatives be authorized and directed to subscribe, on such terms as they may deem eligible, for the use of the Senate and House of Representatives, for four hundred copies of the Journals of Congress, which are proposed to be published by Richard Folwell; and such number of copies of deficient volumes of the sets now in print, as may be necessary to complete the same.

Approved, March 2, 1799.

5th CoN.-126

INDEX

TO THE PROCEEDINGS AND DEBATES OF THE FIFTH CONGRESS.

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