The Early Republic

An Act to establish an Executive Department to be denominated the Department of War, 7 August 1789.

That there shall be an Executive Department to be denominated the Department of War; and that there shall be a principal officer therein, to be called the Secretary for the Department of War, who shall perform and execute such duties as shall, from time to time, be

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enjoined on, or entrusted to him, by the President of the United States, agreeable to the constitution, relative to military commissions, or to the land or naval forces, ships or warlike stores, of the United States, or to such other matters respecting military or naval affairs, as the President of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs: and furthermore, that the said principal officer shall conduct the business of the said department in such manner as the President of the United States shall, from time to time, order or instruct.

SEC. 2. That there shall be in the said department, an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the department of war, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books and papers, appertaining to the said department.

SEC. 3. That the said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office, or employment, take an oath or affirmation well and faithfully to execute the trust committed to him.

SEC. 4. That the Secretary for the department of war, to be appointed in consequence of this act, shall, forthwith after his appointment, be entitled to have the custody and charge of all records, books and papers, in the office of secretary for the department of war, heretofore established by the United States in Congress assembled. [Approved, August 7, 1789.]

An Act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled and for other purposes, 29 September 1789.

That the establishment contained in the resolve of the late Congress, of the 3d of October, 1787, except as to the mode of appointing the officers, and also as is hereinafter provided, be, and the same is hereby recognized to be the establishment for the troops in the service of the United States.

SEC. 2. That the pay and allowances of the said troops, be the same as have been established by the United States in Congress assembled, by their resolution of the 12th of April, 1785.

SEC. 3. That all commissioned and non-commissioned officers, and privates, who are, or shall be, in the service of the United States, shall take the following oaths or affirmations, to wit: "I, A. B., do solemnly swear or affirm (as the case may be) that I will support the constitution of the United States." "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 whatsoever, 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."

SEC. 4. That the said troops 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 of war as may hereafter by law be established.

SEC. 5. That, for the purpose of protecting the inhabitants of the frontiers of the United States from the hostile incursions of the Indians, 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 above mentioned.

SEC. 6. That this act shall continue, and be in force, until the end of the next session of Congress, and no longer.

Henry Knox, Plan for the General Arrangement of the Militia of the United States, 18 January 1790.

The Introduction

That a well-constituted republic is more favorable to the liberties of society, and that its principles give an higher elevation to the human mind than any other form of government, has generally been acknowledged by the unprejudiced and enlightened part of mankind.

But it is at the same time acknowledged that unless a republic prepares itself by proper arrangements to meet those exigencies to which all states are in a degree liable, that its peace and existence are more precarious than the forms of government in which the will of one directs the conduct of the whole, for the defense of the nation.

A government whose measures must be the result of multiplied deliberations, is seldom in a situation to produce instantly those exertions which the occasion may demand; therefore it ought to possess such energetic establishments as should enable it, by the vigor of its own citizens, to control events as they arise, instead of being convulsed or subverted by them.

It is the misfortune of modern ages, that governments have been formed by chance and events, instead of system-that without fixed principles, they are braced or relaxed, from time to time, according to the predominat-

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ing power of the rulers or the ruled-the rulers possessing separate interests from the people, excepting in some of the high-toned monarchies, in which all opposition to the will of the princes seems annihilated.

Hence we look round Europe in vain for an extensive government, rising on the power inherent in the people, and performing its operations entirely for their benefit. But we find artificial force governing every where, and the people generally made subservient to the elevation and caprice of the few. Almost every nation appearing to be busily employed in conducting some external war; grappling with internal commotion; or endeavoring to extricate itself from impending debts which threaten to overwhelm it with ruin. Princes and ministers seem neither to have leisure nor inclination to bring forward institutions for diffusing general strength, knowledge and happiness; But they seem to understand well the Machivalian maxim of politics-divide and govern.

May the United States avoid the errors and crimes of other governments; and possess the wisdom to embrace the present invaluable opportunity of establishing such institutions as shall invigorate, exalt and perpetuate the great principles of freedom. An opportunity pregnant with the fate of millions-but rapidly borne on the wings of time, any may never again return.

The public mind, unbaffled by superstition or prejudice, seems happily prepared to receive the impressions of wisdom. The latent springs of human action, ascertained by the standard of experience, may be regulated and made subservient to the noble purpose of forming a dignified national character.

The causes by which nations have ascended and declined, through the various ages of the world, may be calmly and accurately determined; and the United States may be placed in the singularly fortunate condition of commencing their career of empire, with the accumulated knowledge of all the known societies and governments of the globe.

The strength of the government, like the strength of any other vast and complicated machine, will depend on a due adjustment of its several parts. Its agriculture-its commerce-its laws-its finance-its system of defense, and its manners and habits, all require consideration, and the highest exercise of political wisdom.

It is the intention of the present attempt to suggest the most efficient system of defence which may be compatible with the interests of a free people. A system which shall not only produce the expected effect, but which in its operations shall also produce those habits and manners which will impart strength and durability to the whole government.

The modern practice of Europe, with respect to the employment of standing armies, has created such a mass of opinion in their favor, that even philosophers, and the advocates for liberty, have frequently confessed their use, and necessity, in certain cases.

But whoever seriously and candidly estimates the power of discipline, and the tendency of military habits, will be constrained to confess, that whatever may be the efficacy of a standing army in war, it cannot in peace be considered as friendly to the rights of human nature. The recent instance in France cannot with propriety be brought to overturn the general principle, built upon the uniform experience of mankind. It may be found, on examining the causes that appear to have influenced the military of France, that while the springs of power were wound up in the nation to the highest pitch, that the discipline of the army was proportionably relaxed. But any argument on this head, may be considered as unnecessary to the enlightened citizens of the United States.

A small corps of well-disciplined and well-informed artillerists and engineers, and a legion for the protection of the frontiers, and the magazines and arsenals, are all the military establishment which may be required for the present use of the United States. The privates of the corps to be enlisted for a certain period, and after the expiration of which to return to the mass of the citizens.

An energetic National Militia is to be regarded as the CAPITAL SECURITY of a free republic; and not a standing army, forming a distinct class in the community.

It is the introduction and diffusion of vice and corruption of manners into the mass of the people, that renders a standing army necessary. It is when public spirit is despised, and avarice, indolence and effeminacy of manners predominate, and prevent the establishment of institutions which would elevate the minds of the youth in the paths of virtue and honor, that a standing army is formed and rivetted forever.

While the human character remains unchanged, and societies and governments of considerable extent are formed; a principle ever ready to execute the laws and defend the state, must constantly exist. Without this vital principle, the government would be invaded or overturned, and trampled upon by the bold and ambitious. No community can be long held together, unless its arrangements are adequate to its probable exigencies.

If it should be decided to reject a standing army for the military branch of the government of the United States, as possessing too fierce an aspect, and being hostile to the principles of liberty, it will follow that a wellconstituted militia ought to be established.

A consideration of the subject will show the impracticability of disciplining at once the mass of the people. All discussions on the subject of a powerful militia, will result in one or other of the following principles.

First. Either efficient institutions must be established for the military education of the youth; and that the knowledge acquired therein shall be diffused throughout

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the community, by the mean of rotation. Or,

Secondly. That the militia must be formed of substitutes, after the manner of the militia of Great Britain.

If the United States possess the vigor of mind to establish the first institution, it may reasonably be expected to produce the most unequivocal advantages. A glorious national spirit will be introduced, with its extensive train of political consequences. The youth will imbibe a love of their country; reverence and obedience to its laws; courage and elevation of mind; openness and liberality of character; accompanied by a just spirit of honor. In addition to which their bodies will acquire a robustness, greatly conducive to their personal happiness, as well as the defense of their country. While habit, with its silent, but efficacious operations, will durably cement the system.

Habit, that powerful and universal law, incessantly acting on the human race, well deserves the attention of legislators. Formed at first in individuals, by separate and almost imperceptible impulses, until at length it acquires a force which controls with irresistible sway. The effects of salutary or pernicious habits, operating on a whole nation are immense, and decides its rank and character in the world.

Hence the science of legislation teaches to scrutinize every national institution, as it may introduce proper or improper habits; to adopt with religious zeal the former, and reject with horror the latter.

A republic, constructed on the principles herein stated, would be uninjured by events, sufficient to overturn a government supported solely by the uncertain power of a standing army.

The well-informed members of the community, actuated by the highest motives of self-love, would form the real defense of the country. Rebellions would be prevented, or suppressed with ease. Invasions of such a government would be undertaken only by madmen; and the virtues and knowledge of the people would effectually oppose the introduction of tyranny.

But the second principle-a militia of substitutes, is pregnant, in a degree, with the mischiefs of a standing army; as it is highly probably the substitutes from time to time, will be nearly the same men, and the most idle and worthless part of the community. Wealthy families, proud of distinctions which riches may confer, will prevent their sons from serving in the militia of substitutes; the plan will degenerate into hubitual contempt; a standing army will be introduced, and the liberties of the people subjected to all the contingencies of events.

The expense attending an energetic establishment of militia may be strongly urged as an objection to the institution. But it is to be remembered, that this objection is levelled at both systems, whether by rotation or by substitutes. For if the numbers are equal, the expense will also be equal. The estimate of the expense will show its unimportance, when compared with the magnitude and beneficial effects of the institution.

Every intelligent mind would rejoice in the establishment of an institution, under whose auspices the youth and vigor of the constitution would be renewed with each successive generation, and which would appear to secure the great principles of freedom and happiness against the injuries of time and events.

The following Plan is formed on these general principles.

First. That it is the indispensible duty of every nation, to establish all necessary institutions for its own perfection and defence.

Secondly. That it is a capital security to a free state, for the great body of the people to possess a competent knowledge of the military art.

Thirdly. That this knowledge cannot be attained in the present state of society, but by establishing adequate institutions for the military education of youth; and that the knowledge acquired therein should be diffused throughout the community, by the principles of rotation.

Fourthly. That every man of the proper age and ability of body, is firmly bound by the social compact, to perform, personnally, his proportion of military duty for the defence of the state.

Fifthly. That all men of the legal military age, should be armed, enrolled, and held responsible for different degrees of military service.

And, sixthly. That, agreeably to the Constitution, the United States are to provide for organizing, arming and disciplining the militia; and for governing such part of them as may be employed in the service of the United States; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

The Plan

The period of life in which military service shall be required of the citizens of the United States, to commence at eighteen, and terminate at the age of sixty years.

The men comprehended by this description, exclusive of such exceptions as the legislatures of the respective States may think proper to make, and ALL ACTUAL MARINERS, shall be enrolled for different degrees of military duty, and divided into three distinct classes.

The first class shall comprehend the youth of eighteen, nineteen, and twenty years of age; to be denominated the ADVANCED CORPS.

The second class shall include the men from twenty-

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one to forty-five years of age; to be denominated the MAIN CORPS.

The third class shall comprehend, inclusively, the men from forty-six to sixty years of age, to be denominated the RESERVED CORPS.

All the militia of the United States shall assume the form of the legion, which shall be the permanent establishment thereof.

A legion shall consist of one hundred and fifty-three commissioned officers, and two thousand eight hundred and eighty non-commissioned officers and privates, formed in the following manner.

First. The Legionary Staff.

One legionary, or major-general.

Two aids-de-camp, of the rank of major; one of whom to be the legionary quarter-master.

One inspector and deputy adjutant-general, of the rank of lieutenant-colonel.

One chaplain.

Second. The Brigade Staff.

One brigadier-general.

One brigade inspector, to serve as an aid-de-camp.

Third. The Regimental Staff.

One lieutenant-colonel, commandant.

Two majors.

One adjutant.

One pay-master, or agent.

One quarter-master.

Fourth. Two Brigades of Infantry.

Each brigade of two regiments; each regiment of eight companies, forming two battalions; each company of a captain, lieutenant, ensign, six serjeants, one drum, one fife, and sixty-four rank and file.

Fifth. Two Companies of Riflemen.

Each company to have a captain, lieutenant, ensign, six serjeants, a bugle-horn, one drum, and sixty-four rank and file.

Sixth. A Battalion of Artillery.

Consisting of four companies; each to have a captain, a captain-lieutenant, one lieutenant, six serjeants, twelve artificers, and fifty-two rank and file.

Seventh. A Squadron of Cavalry.

Consisting of two troops; each troop to have a captain, two lieutenants, a cornet, six serjeants, one farrier, one saddler, one trumpeter, and sixty-four dragoons.

In case the whole number of the advanced corps in any State, should be insufficient to form a legion of this extent, yet the component parts must be preserved, and the reduction proportioned, as nearly as may be, to each part.

The companies of all the corps shall be divided into SECTIONS of twelve each. It is proposed by this division, to establish one uniform vital principle, which in peace and war shall pervade the militia of the United States.

All requisitions for men to FORM AN ARMY, either for State or federal purposes, shall be furnished by the advanced and main corps, by means of the sections.

The executive government, or commander in chief of the militia of each State, will assess the numbers required, on the respective legions of these corps.

The legionary general will direct the proportions to be furnished by each part of his command. Should the demand be so great as to require one man from each section, then the operation hereby directed shall be performed by single sections. But if a less number should be required, they will be furnished by an association of sections, or companies, according to the demand. In any case, it is probable that mutual convenience may dictate an agreement with an individual, to perform the service required. If however, no agreement can be made, one must be detached by an indiscriminate draught; and the others shall pay him a sum of money, equal to the averaged sum which shall be paid in the same legion for the voluntary performance of the service required.

In case any sections, or companies of a legion, after having furnished its own quota, should have more men, willing to engage for the service required, other companies of the same legion shall have permission to engage them. The same role to extend to the different legions in the State.

The legionary general must be responsible to the commander in chief of the militia of the State, that the men furnished are according to the description, and that they are equipped in the manner, and marched to the rendezvous, conformably to the orders for that purpose.

The men who may be draughted, shall not serve more than three years at one time.

The reserved corps being destined for the domestic defense of the State, shall not be obliged to furnish men, excepting in cases of actual invasion, or rebellion-and then the men required shall be furnished by means of the sections.

The actual commissioned officers of the respective corps, shall not be included in the sections, nor in any of the operations thereof.

The respective States shall be divided into portions or districts; each of which to contain, as nearly as may be, some complete part of a legion.

Every citizen of the United States, who shall serve his country in the field, for the space of one year, either as an officer or soldier, shall, if under the age of twenty-

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one years, be exempted from the service required in the advanced corps. If he shall be above the age of twenty-one years, then every year he shall so serve in the field, shall be estimated as equal to six years service in the main or reserved corps, and shall accordingly exempt him from every service therein for the said term of six years, except in cases of actual invasion of, or rebellion within the State in which he resides. And it shall also be a permanent establishment, that six years actual service in the field, shall entirely free every citizen from any further demands of service, either in the militia, or in the field, unless in cases of invasion or rebellion.

ALL ACTUAL MARINERS or seamen, in the respective States, shall be registered in districts, and divided into two classes. The first class to consist of all the seamen, from the age of sixteen to thirty years, inclusively. The second class to consist of all those of the age of thirty-one to forty-five, inclusively.

The first class shall be responsible to serve three years on board of some public armed vessel or ship of war, as a commissioned officer, warrant officer, or private mari-ner, for which service they shall receive the customary wages and emoluments.

But should the State not demand the said three years service during the above period, from the age of sixteen to thirty years, then the party to be exempted entirely therefrom ....

Of the Advanced Corps.

The advanced corps are designed not only as a school in which the youth of the United States are to be instructed in the art of war, but they are, in all cases of exigence, to serve as an actual defence to the community.

The whole of the armed corps shall be clothed according to the manner hereafter directed, armed and subsisted at the expense of the United States; and all the youth of the said corps, in each State, shall be encamped together if practicable, or by legions, which encampments shall be denominated THE ANNUAL CAMPS OF DISCIPLINE.

The youth of eighteen and nineteen years, shall be disciplined for THIRTY days successively in each year; and those of twenty years shall be disciplined only for ten days in each year, which shall be the last ten days of the annual encampments.

The non-commissioned officers and privates are not to receive any pay during the said time. But the commissioned officers will receive the pay of their relative ranks, agreeable to the federal establishment for the time being ....

The advanced legions, in all cases of invasion, or rebellion, shall, on requisition of lawful authority, be obliged to march to any place within the United States, to remain embodied for such time as shall be directed, not to exceed one year, to be computed from the time of marching from the regimental parades; during the period of their being on such service, to be placed on the continental establishment, of pay, subsistence, cloathing, forage, tents, camp-equipage, and all such other allowances, as are made to the federal troops at the same time, and under the same circumstances ....

In case the legions of the advanced corps should march to any place, in consequences of a requisition of the general government, all legal and proper expenses of such march, shall be paid by the United States. But should they be embodied, and march in consequence of an order, derived from the authority of the State to which they belong, and for State purposes, then the expenses will be borne by the State.

The advanced corps shall be constituted on such principles, that when completed, it will receive one third part, and discharge one third part of its numbers annually. By this arrangement, two thirds of the corps will at all times be considerably disciplined; but as it will only receive those of eighteen years of age, it will not be completed until the third year afters its institution. Those who have already attained the ages of nineteen and twenty years, will, in the first instance, be enrolled in the main corps ....

Of the Main Corps.

As the main and reserved corps are to be replenished by the principle of rotation, from the advanced corps, and ultimately to consist of men, who have received their military education therein, it is proper that one uniform arrangement should pervade the several classes.

It is for this reason the legion is established as the common form of all the corps of the militia.

The main legions, consisting of the great majority of the men of the military age, will form the principal defence of the country.

They are to be responsible for their proportion of men, to form an army whenever necessity shall dictate the measure; and on every sudden occasion to which the advanced corps shall be incompetent, an adequate number of non-commissioned officers and privates shall be added thereto, from the main corps, by means of the sections.

The main corps will be perfectly armed in the first instance, and will practice the exercise and maneuvres, four days in each year, and will assemble in their respective districts, by companies, battalions, regiments, or legions, as shall be directed by the legionary general; but it must be a fixed rule, that in the populous parts of the States, the regiments must assemble once annually, and

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the legions once in three years.

Although the main corps cannot acquire a great degree of military knowledge in the few days prescribed for its annual exercise, yet by the constant accession of the youth from the advanced corps, it will soon command respect for its discipline, as well as its numbers.

When the youth are transferred from the advanced corps, they shall invariably join the flank companies, the cavalry, or artillery of the main corps, according to the nature of their former services.

The reserved corps will assemble only twice annually, for the inspection of arms, by companies, battalions, or regiments, as shall be directed by each State. It will assemble by legions, whenever the defence of the State may render the measure necessary.

SUCH are the propositions of the plan: To which it may be necessary to add some explanations.

Although the substantial political maxim, which requires personal services of all the members of the community for the defense of the State, is obligatory under all forms of society, and is the main pillar of a free government, yet the degrees thereof may vary at the different periods of life, consistently with the general welfare. The public convenience may also dictate a relaxation of the general obligation as it respects the principal magistrates and the ministers of justice and of religion, and perhaps some religious sects. But it ought to be remembered, that measures of national importance, never should be frustrated by the accommodation of individuals.

The military age has generally commenced at sixteen, and terminated at the age of sixty years; but the youth of sixteen do not commonly attain such a degree of robust strength, as to enable them to sustain without injury, the hardships incident to the field; therefore the commencement of military service, is herein fixed at eighteen, and the termination, as usual, at sixty years of age.

As the plan proposes, that the militia shall be divided into three capital classes, and that each class shall be formed into legions, the reasons for which shall be given in succession.

The advanced corps, and annual camps of discipline, are instituted in order to introduce an operative military spirit in the community. To establish a course of honorable military service, which will at the same time, mould the minds of the young men, to a due obedience of the laws; instruct them in the art of war, and by the manly exercises of the field, form a race of hardy citizens, equal to the dignified task of defending their country.

An examination into the employments and obligations of the individuals composing the society, will evince the impossibility of diffusing an adequate knowledge of the art of war, by any other means than a course of discipline, during the period of nonage. The time necessary to acquire this important knowledge, cannot be afforded at any other period of life, with so little injury to the public or private interests.

Without descending to minute distinctions, the body of the people of the United States, may be divided into two parts. The yeomanry of the country, and the men of various employments, resident in towns and cities. In both parts, it is usual for the male children, from the age of fourteen to twenty-one years, to learn some trade or employment, under the direction of a parent or master. In general, the labour or service of the youth during this period, besides amply repaying the trouble of tuition, leaves a large profit to the tutor. This circumstance is stated to shew, that no great hardships will arise in the first operations of the proposed plan; a little practice will render the measure perfectly equal, and remove every difficulty.

Youth is the time for the State to avail itself of those service which it has a right to demand, and by which it is to be invigorated and preserved; in this season, the passions and affections are stongly influenced by the splendor of military parade. The impressions the mind receives will be retained through life. The young man will repair with pride and pleasure to the field of exercise; while the head of a family, anxious for its general welfare, and perhaps its immediate subsistence, will reluctantly quit his domestic duties for any length of time.

The habits of industry will be rather strengthened than relaxed, by the establishment of the annual camps of discipline, as all the time will be occupied by the various military duties. Idleness and dissipation will be regarded as disgraceful, and punished accordingly. As soon as the youth attain the age of manhood, a natural solicitude to establish themselves in the society, will occur in its full force. The public claims for military service, will be too inconsiderable to injure their industry. It will be sufficiently stimulated to proper exertions, by the prospects of opulence attending on the cultivation of a fertile soil, or the pursuits of a productive commerce.

It is presumed that thirty days annually during the eighteenth and nineteenth, and ten days during the twentieth year, is the least time that ought to be appropriated by the youth to the acquisition of military art. The same number of days might be added during the twentieth as during the two preceding years, were not the expense an objection.

Every means will be provided by the public to facilitate the military education of the youth, which it is proposed shall be an indispensible qualification of a free citizen, therefore they will not be entitled to any pay. But the officers being of the main corps, are in a different predicament; they are supposed to have passed through the course of discipline required by the law, and to be competent to instruct others in the military art. As the

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public will have but small claims for personal services on them, and as they must incur considerable expenses to prepare themselves, to execute properly their respective offices, they ought to be paid while on actual duty.

As soon as the service of the youth expires in the advanced corps, they are to be enrolled in the main corps. On this occasion, the republic receives disciplined and free citizens, who understand their public rights, and are prepared to defend them.

The main corps is instituted, to preserve and circulate throughout the community, the military discipline, acquired in the advanced corps; to arm the people, and fix firmly, by practice and habit, those forms and maxims, which are essential to the life and energy of a free government.

The reserved corps is instituted to prevent men being sent to the field, whose strength is unequal to sustain the severities of an active campaign. But by organizing and rendering them eligible for domestic service, a greater proportion of the younger and robust part of the community, may be enabled in cases of necessity, to encounter the more urgent duties of war.

It would be difficult, previously to the actual formation of the annual camps of discipline, to ascertain the number in each State, of which it would be composed. The frontier counties of several States are thinly inhabited, and require all their internal force for their immediate defence. There are other infant settlements, from which it might be injurious to draw away their youth annually for the purpose of discipline ....

Three hundred and twenty-five thousand therefore may be affirmed, as the number of operative, sensible men, to compose the militia. The proportion of the several classes of which would be nearly as follows-

Firstly-The advanced corps, one tenth composed of the youth of the ages of 18, 19, and 20 years, 32,500.

Secondly-The main corps, six tenths and one twentieth, 211,250.

Thirdly-The reserved corps, two tenths and one twentieth, 31,250. . .

The institution of the section is intended to interest the patriotism and pride of every individual in the militia, to support the legal measures of a free government; to render every man active in the public cause, by introducing the spirit of emulation, and a degree of personal responsibility.

The common mode of recruiting is attended with too great destruction of morals to be tolerated; and is too uncertain to be the principal resource of a wise nation in time of danger. The public faith is frequently wounded by unworthy individuals, who hold out delusive promises, which can never be realized.

By such means, an unprincipled banditti are often collected for the purpose of defending every thing that should be dear to freemen. The consequences are natural; such men either desert in time of danger, or are ever ready on the slightest disgust to turn their arms against their country. By the establishment of the section, an ample and permanent source is opened, whence the state, in every exigence, may be supplied with men, whose all depend upon the prosperity of their country.

In cases of necessity, an army may be formed of citizens, whose previous knowledge of discipline will enable it to proceed to an immediate accomplishment of the designs of the State, instead of exhausting the public resources, by wasting whole years in preparing to face the enemy.

The previous arrangements, necessary to form and maintain the annual encampments, as well as the discipline acquired therein, will be an excellent preparation for war. The artillery and its numerous appendages, arms and accoutrements of every kind, and all species of ammunition, ought to be manufactured within the United States. It is of high importance that the present period should be embraced to establish adequate institutions to produce the necessary apparatus of war.

It is unworthy of the dignity of a rising and free empire, to depend on foreign and fortuitous supplies of the essential means of defense ....

The constitutions of the respective States, and of the United States, having directed the modes in which the officers of the militia shall be appointed, no alteration can be made therein. Although it may be supposed that some modes of appointment are better calculated than others to inspire the highest propriety of conduct, yet there are none so defective to serve as a sufficient reason for rejecting an efficient system for the militia. It is certain that the choice of officers, is the point on which the reputation and importance of a corps must depend. Therefore every person who may be concerned in the appointment, should consider himself as responsible to his country for a proper choice ....

It is conceded, that people, solicitous to be exonerated from their proportion of public duty, may exclaim against the proposed arrangement as an intolerable hardship: But it ought to be strongly impressed, that while society has its charms, it also has its indispensible obligations. That to attempt such a degree of refinement, as to exonerate the members of the community from all personal service, is to render them incapable of the exercise, and unworthy of the characters of freeman.

Every State possesses, not only the right of personal service from its members, but the right to regulate the service on principles of equality for the general defense. All being bound, none can complain of injustice, on being obliged to perform his equal proportion. Therefore it ought to be a permanent rule, that those who in youth decline, or refuse to subject themselves to the

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course of military education, established by the laws, should be considered as unworthy of public trust, or public honors, and be excluded therefrom accordingly.

If the majesty of the laws should be preserved inviolate in this respect, the operations of the proposed plan would foster a glorious public spirit; infuse the principles of energy and stability into the body politic; and give an high degree of political splendor to the national character.

An Act for regulating the Military Establishment of the United States, 30 April 1790.

That the commissioned officers hereinafter mentioned, and the number of one thousand two hundred and sixteen non-commissioned officers, privates, and musicians, shall be raised for the service of the United States, for the period of three years, unless they should previously by law be discharged.

SEC. 2. That the non-commissioned officers and privates aforesaid, shall, at the time of their enlistments, respectively, be able-bodied men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of forty-six years.

SEC. 3. That the commissioned officers hereinafter mentioned, and the said non-commissioned officers, privates, and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one battalion of artillery. The regiment of infantry to be composed of one lieutenant-colonel commandant, three majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon's mates, and twelve companies, each of which shall consist of one captain, one lieutenant, one ensign, four sergeants, four corporals, sixty-six privates, and two musicians. The battalion of artillery shall be composed of one major commandant, one adjutant, one quartermaster, one paymaster, one surgeon's mate, and four companies; each of which shall consist of one captain, two lieutenants, four sergeants, four corporals, sixty-six privates, and two musicians: Provided always, That the adjutants, quartermasters, and paymasters, shall be appointed from the line, of subalterns of the aforesaid corps, respectively. . . .

SEC. 11. That if any commissioned officer, non-commissioned officer, private, or musician, aforesaid, shall be wounded or 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 for such wounds or disabilities shall never exceed, for the highest disability, half the monthly pay received by any commissioned officer, at the time of being so wounded or disabled; and that the rate of compensation to non-commissioned officers, privates, and musicians, shall never exceed $5 per month: And provided also, That all inferior disabilities shall entitle the person so disabled to receive only a sum in proportion to the highest disability.

SEC. 12. That every commissioned 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 of America, and the orders of the officers appointed over me, according to the articles of war."

SEC. 13. That the commissioned 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.

SEC. 14. That the "act for recognizing, and adapting to the constitution of the United 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 29th September, 1789, be, and the same is hereby, repealed: Provided, always, That the non-commissioned officers and privates, continued and engaged under the aforesaid act of the 29th September, 1789, and who shall decline to reenlist 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-commissioned officers, privates, and musicians, in the service of the United States at any one time, either by virtue of this act, or by virtue of the aforesaid act, passed the 29th September, 1789, shall not exceed the number of one thousand two hundred and sixteen.

SEC. 15. That for the purpose of aiding the troops now in service, or to be raised 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 above mentioned, and they shall be subject to the rules and articles of war.
[Approved, April 30, 1790.]

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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, 3 March 1791.

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.

SEC. 2. 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. 5. That in case the President of the United States should deem the employment of 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-decamp, and a brigadier-general his brigade-major, from the captains, or subalterns, of the line: Provided always, 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 ....

SEC. 7. That if, in the opinion of the President, it shall 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.

SEC. 8. That if the President should be of opinion that it will be conducive to the public service, to employ troops enlisted 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, 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.

SEC. 9. 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. SEC. 10. 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 ....
[Approved, March 3, 1791.]

An Act for making farther and more effectual provision for the protection of the frontiers of the United States, 5 March 1792.

That the battalion of artillery now in service, 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 non-commissioned officers, privates, and musicians, each.

SEC. 2. That there shall be raised, for a term not exceeding three years, three additional regiments, each of which, exclusively of the commissioned officers, shall consist of nine hundred and sixty non-commissioned officers, privates, and musicians; and that one of the said regiments be organized in the following manner, that is to say: two battalions of infantry, each of which, exclusively of the commissioned officers, shall consist of three hundred and twenty non-commissioned officers, privates, and musicians; and one squadron of light dragoons, which, exclusively of the commissioned officers, shall consist of three hundred and twenty non-commissioned officers, privates, and musicians: and that it shall be a condition in the enlistment of the said dragoons, to serve as dismounted dragoons, whenever they shall be ordered thereto: That the organization of the said squadron of light dragoons shall be as follows, to wit: one major, one adjutant, one quartermaster, one surgeon's mate; and four troops, each of which shall consist of one captain, one lieutenant, one cornet, four sergeants, four corporals, one farrier, one saddler, one trumpeter, and sixty-nine dragoons; and the President may arm the said troops, as he shall think proper.

SEC. 3. Provided always, That it shall be lawful for the President of the United States to organize the said five regiments of infantry, and the said corps of horse and artillery, as he shall judge expedient, diminishing the number of corps, or taking from one corps and adding to another, as shall appear to him proper, so that the whole number of officers and men shall not exceed the limits above prescribed: Provided, That the said

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three regiments shall be discharged as soon as the United States shall be at peace with the Indian tribes.

SEC. 4. That the non-commissioned officers, privates, and musicians, of the said three regiments, shall be enlisted for the term of three years, unless previously discharged ....

SEC. 11. That all the commissioned and non-commissioned officers, privates, and musicians, of the said three regiments, shall take the same oaths, shall be governed by the same rules and regulations, and, in cases of disabilities, shall receive the same compensations as are described in the before-mentioned act, entitled "An act for regulating the military establishment of the United States."

SEC. 12. That it shall be lawful for the President of the United States to forbear to raise, or to discharge after they shall be raised, the whole, or any part, of the said three additional regiments, in case events shall, in his judgment, render his so doing consistent with the public safety.

SEC. 13. That the President be, and he hereby is, authorized, from time to time, to call into service, and for such periods as he may deem requisite, such number of cavalry as, in his judgment, may be necessary for the protection of the frontiers ....

SEC. 14. That the President alone be, and he hereby is, authorized to appoint, for the cavalry so to be engaged, the proper commissioned officers, who shall not exceed, in number and rank, the proportions assigned to the said three regiments, and whose pay and other allowances shall not, exclusively of 50 cents per day for the use and risk of their horses, exceed those of officers of corresponding rank in the said regiments.

SEC. 15. That the President of the United States be authorized, in case he shall deem the measure expedient, to employ such number of the Indians, and for such compensations, as he may think proper: Provided, The said compensations do not, in the whole, exceed $20,000.
[Approved, March 5, 1792.]

An Act supplemental to the act for making further and more effectual provision for the protection of the frontiers of the United States, 28 March 1792.

That it shall be lawful for the President of the United States, by and with the advice and consent of the Senate, to appoint such number of brigadier-generals as may be conducive to the good of the public service. Provided the whole number appointed, or to be appointed, shall not exceed four.

An Act to provide for calling forth the militia to execute the laws of the Union, to suppress insurrections and repel invasions, 2 May 1792.

SEC. 1. [Same as sec. 1 of chap. 36, February 28, 1795, post.]

SEC. 2. That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States by an associate justice, or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of the state, where such combinations may happen, shall refuse or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of the militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session.

SEC. 3. That whenever it may be necessary in the judgment of the President to use the militia force hereby directed to be called forth, the President shall forthwith, and previous thereto, by proclamation, command such insurgents to disperse and retire peaceably to their respective homes, within a limited time.

SEC. 4. That the militia employed in the service of the United States shall receive the same pay and allowances as troops of the United States, who may be in service at the same time, or who were last in service, and shall be subject to the same rules and articles of war: And that no officer, non-commissioned officer, or private of the militia shall be compelled to serve more than three months in any one year, nor more than in due rotation with every other able-bodied man of the same rank in the battalion to which he belongs.

SEC. 5. [Same as 5th sec. of chap. 36, February 28, 1795, except that, besides being cashiered by court-martial, offenders may be, by act of 1795, incapacitated from holding commissions in the militia for twelve months at the discretion of the said court.]

Sections 6, 7, 8, and 9 are same as corresponding section of act of 1795; and section 10 limits the existence of the act for two years, and from thence to the end of the next session of Congress thereafter, and no longer.
[Approved, May 2, 1792.]

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An Act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States, 8 May 1792.

That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years, (except as hereinafter excepted,) shall, severally and respectively, be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall, at all times hereafter, be the duty of every such captain or commanding officer of a company, to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years, and under the age of forty-five years, (except as before excepted,) shall come to reside within his bounds; and shall, without delay, notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved. That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket, or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or, with a good rifle, knapsack, shot pouch and powder horn, twenty balls, suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutred, and provided, when called out to exercise, or into service; except, that when called out on company days exercise only, he may appear without a knapsack. That the commissioned officers shall, severally, be armed with a sword or hanger, and espontoon; and that, from and after five years from the passing of this act, all muskets for arming the militia, as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition, and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions, or sales, for debt, or for the payment of taxes.

SEC. 2. That the Vice-President of the United States; the officers, judicial and executive, of the government of the United States; the members of both houses of Congress, and their respective officers; all custom-house officers, with their clerks; all post-officers, and stage-drivers, who are employed in the care and conveyance of the mall of the post-office of the United States; all ferrymen employed at any ferry on the postroad; all inspectors of exports; all pilots; all mariners, actually employed in the sea-service of any citizen or merchant within the United States; and all persons who now are, or may hereafter be, exempted by the laws of the respective States, shall be, and are hereby, exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years.

SEC. 3. That within one year after the passing of this act, the militia of the respective states shall be arranged into divisions, brigades, regiments, battalions, and companies, as the legislature of each state shall direct; and each division, brigade, and regiment, shall be numbered at the formation thereof, and a record made of such numbers in the adjutant-general's office in the state; and when in the field, or in service in the state, each division, brigade, and regiment shall, respectively, take rank according to their numbers, reckoning the first or lowest number highest in rank. That, if the same be convenient, each brigade shall consist of four regiments; each regiment of two battalions; each battalion of five companies; each company of sixty-four privates. That the said militia shall be officered by the respective states, as follows: To each division, one major-general and two aids-de-camp, with the rank of major; to each brigade, one brigadier-general, with one brigade-inspector, to serve also as brigade-major, with the rank of a major; to each regiment, one lieutenant-colonel commandant; and to each battalion, one major; to each company, one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or bugler. That there shall be a regimental staff, to consist of one adjutant and one quartermaster, to rank as lieutenants; one paymaster; one surgeon, and one surgeon's mate; one sergeant-major; one drum-major, and one fife-major.

SEC. 4. That out of the militia enrolled, as is herein directed, there shall be formed, for each battalion, at least one company of grenadiers, light infantry, or riflemen; and that, to each division, there shall be at least one company of artillery, and one troop of horse: there shall be to each company of artillery, one captain, two lieutenants, four sergeants, four corporals, six gunners, six bombardiers, one drummer, and one fifer. The officers to be armed with a sword, or hanger, a fusee, bayonet and belt, with a cartridge box, to contain twelve cartridges; and each private, or matross, shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. There shall be, to each troop of horse, one captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses, of at least fourteen hands and a half high, and to be armed with a sword, and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least

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fourteen hands and a half high, a good saddle, bridle, mail pillion, and valise, holsters, and a breastplate and crupper, a pair of boots and spurs, a pair of pistols, a sabre and a cartouch box, to contain twelve cartridges for pistols. That each company of artillery and troop of horse shall be formed of volunteers from the brigade, at the discretion of the commander-in-chief of the state, not exceeding one company of each to a regiment, nor more in number than one-eleventh part of the infantry, and shall be uniformly clothed in regimentals, to be furnished at their own expense; the color and fashion to be determined by the brigadier commanding the brigade to which they belong.

SEC. 5. That each battalion and regiment shall be provided with the state and regimental colors, by the field officers, and each company with a drum, and fife or bugle horn, by the commissioned officers of the company, in such manner as the legislature of the respective states shall direct.

SEC. 6. That there shall be an adjutant-general appointed in each state, whose duty it shall be to distribute all orders from the commander-in-chief of the state to the several corps; to attend all public reviews, when the commander-in-chief of the state shall review the militia, or any part thereof; to obey all orders from him, relative to carrying into execution and perfecting the system of military discipline established by this act; to furnish blank forms of different returns, that may be required, and to explain the principles on which they should be made; to receive from the several officers of the different corps, throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammunition, their delinquencies, and every other thing which relates to the general advancement of good order and discipline: All which, the several officers of the divisions, brigades, regiments, and battalions are hereby required to make, in the usual manner, so that the said adjutant-general may be furnished therewith: from which all returns he shall make proper abstracts, and lay the same annually before the commander-in-chief of the state.

SEC. 7. That the rules of discipline, approved and established by Congress, in their resolution of the 29th of March, 1779, shall be the rules of discipline to be observed by the militia throughout the United States; except such deviations from the said rules as may be rendered necessary by the requisitions of this act, or by some other unavoidable circumstances. It shall be the duty of the commanding officer, at every muster, whether by battalion, regiment, or single company, to cause the militia to be exercised and trained agreeably to the said rules of discipline.

SEC. 8. That all commissioned officers shall take rank according to the date of their commissions; and when two of the same grade bear an equal date, then their rank to be determined by lot, to be drawn, by them, before the commanding officer of the brigade, regiment, battalion, company, or detachment.

SEC. 9. That if any person, whether officer or soldier, belonging to the militia of any state, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense.

SEC. 10. That it shall be the duty of the brigade-inspector, to attend the regimental and battalion meetings of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition, and accoutrements; superintend their exercise and manoeuvres, and introduce the system of military discipline, before described, throughout the brigade, agreeable to law, and such orders as they shall, from time to time, receive from the commander-in-chief of the state; to make returns to the adjutant-general of the state, at least once in every year, of the militia of the brigade to which be belongs, reporting therein the actual situation of the arms, accoutrements, and ammunition, of the several corps, and every other thing which, in his judgment, may relate to their government and the general advancement of good order and military discipline; and the adjutant-general shall make a return of all the militia of the state, to the commander-in-chief of the said state, and a duplicate of the same to the President of the United States.

And whereas sundry corps of artillery, cavalry, and infantry, now exist in several of the said states, which, by the laws, customs, or usages thereof, have not been incorporated with, or subject to, the general regulations of the militia:

SEC. 11. That such corps retain their accustomed privileges, subject, nevertheless, to all other duties required by this act in like manner with the other militia.
[Approved, May 8, 1792.]

An Act for raising and organizing a Corps of Artillerists and Engineers, 9 May 1794.

That the number of seven hundred and sixty-four non-commissioned officers, privates, and artificers, to serve as privates, and musicians, shall be engaged for the term of three years, by voluntary enlistments; and that the proper proportion of commissioned officers shall be appointed to command the same.

SEC. 2. That the aforesaid commissioned and noncommissioned officers, privates, artificers, and musicians, shall be incorporated with the corps of artillery now in the service of the United States, and denominated the corps of artillerists and engineers; and that the

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entire number of the said corps, exclusively of the commissioned officers, shall be nine hundred and ninety-two.

SEC. 3. That the organization of the said corps be as herein mentioned, to wit: one lieutenant-colonel commandant, one adjutant, one surgeon; four battalions, each to consist of one major, one adjutant and paymaster, and one surgeon's mate; and four companies, each to consist of one captain, two lieutenants, two cadets, with the pay, clothing, and rations of a sergeant, four sergeants, four corporals, forty-two privates, sappers, and miners, and ten artificers to serve as privates, and two musicians.

SEC. 4. That the additional commissioned officers, non-commissioned officers, privates, artificers, and musicians, by this act directed to be raised, shall receive the same pay and allowances, in all respects, as the troops already in the service of the United States; and they shall also be governed by the same rules and articles of war, which have been, or may be, by law established.

SEC. 5. That it shall be the duty of the secretary of war to provide, at the public expense, under such regulations as shall be directed by the President of the United States, the necessary books, instruments, and apparatus, for the use and benefit of the said corps.

SEC. 6. That the President of the United States shall cause such proportions of the said corps to serve in the field, on the frontiers, or in the fortifications on the seacoast, as he shall deem consistent with the public service.

An Act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; and to repeal the act now in force for those purposes, 28 February 1795.

That whenever the United States shall be invaded, or be in imminent danger of invasion, from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the state or states, most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders, for that purpose, to such officer or officers of the militia as he shall think proper. And in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the Executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection.

SEC. 2. That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the President of the United States to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress.

SEC. 3. That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abode, within a limited time.

SEC. 4. That the militia employed in the service of the United States shall be subject to the same rules and articles of war as the troops of the United States: and that no officer, non-commissioned officer, or private, of the militia, shall be compelled to serve more than three months after his arrival at the place of rendezvous, in any one year, nor more than in due rotation with every other able-bodied man of the same rank in the battalion to which he belongs.

SEC. 5. That every officer, non-commissioned officer, or private, of the militia, who shall fail to obey the orders of the President of the United States, in any of the cases before recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court-martial; and such officer shall, moreover, be liable to be cashiered by sentence of a court-martial, and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said court: and such non-commissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of the payment of fines adjudged against them, for one calendar month, for every five dollars of such fine.

SEC. 6. That courts-martial for the trial of militia, shall be composed of militia officers only.

SEC. 7. That all fines to be assessed, as aforesaid, shall be certified by the presiding officer of the court-martial before whom the same shall be assessed, to the marshal of the district in which the delinquent shall reside, or to one of his deputies and also to the supervisor of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose. The said marshal, or his deputy, shall forthwith proceed to levy the said fines, with costs, by distress and sale of the goods and chattels of the delinquent; which costs, and the manner of proceeding, with respect to the sale

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of the goods distrained, shall be agreeable to the laws of the state in which the same shall be, in other cases of distress. And where any non-commissioned officer or private shall be adjudged to suffer imprisonment, there being no goods or chattels to be found whereof to levy the said fines, the marshal of the district, or his deputy, may commit such delinquent to jail, during the term for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed.

SEC. 8. That the marshals and their deputies shall pay all such fines by them levied, to the supervisor of the revenue in the district in which they are collected, within two months after they shall have received the same, deducting therefrom five per centum as a compensation for their trouble; and in case of failure, the same shall be recoverable by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the supervisor of the district, with interest and costs.

SEC. 9. That the marshals of the several districts, and their deputies, shall have the same powers, in executing the laws of the United States, as sheriffs, and their deputies, in the several states, have by law in executing the laws of the respective states.

SEC. 10. That the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;" passed the 2d day of May, 1792, shall be, and the same is hereby, repealed.

[Approved, February 28, 1795.]

An Act to ascertain and fix the military establishment of the United States, 30 May 1796.

That the military establishment of the United States, from and after the last day of October next, be composed of the corps of artillerists and engineers, as established by the act entitled "An act providing for raising and organizing a corps of artillerists and engineers;" two companies of light dragoons, who shall do duty on horse or foot, at the discretion of the President of the United States; and four regiments of infantry, of eight companies each; the company of dragoons shall consist of one captain, two lieutenants, one cornet, four sergeants, four corporals, one farrier, one saddler, one trumpeter, and fifty-two privates; and shall be armed and accoutred in such manner as the President of the United States may direct.

SEC. 2. That each regiment of infantry shall consist of one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, eight captains, eight lieutenants, eight ensigns, two sergeant-majors, two quartermaster sergeants, two senior musicians, thirtytwo sergeants, thirty-two corporals, sixteen musicians, and four hundred and sixteen privates: Provided always, That the President of the United States may, in his discretion, appoint an additional number of surgeon's mates, not exceeding ten, and distribute the same, according to the necessity of the service.

SEC. 3. That there shall be one major-general, with two aids-de-camps; one brigadier-general, who may choose his brigade-major from the captains or subalterns of the line . . . one quartermaster-general; one inspector, who shall do the duty of adjutant-general; and one paymaster-general: and that the adjutants, quartermasters, and paymasters of regiments, shall be appointed from the subalterns of their respective regiments.

SEC. 4. That the President of the United States cause to be arranged, the officers, non-commissioned officers, privates, and musicians, of the legion of the United States, and light dragoons, in such manner as to form and complete out of the same the four regiments aforesaid, and two companies of light dragoons: And the supernumerary officers, privates, and musicians, shall be considered, from and after the last day of October next, discharged from the service of the United States.

SEC. 5. That the corps of artillerists and engineers be completed, conformably to the act of the 8th day of May, 1794, establishing the same, and prescribing the number and term of enlistments, and the method of organization ....

SEC. 15. That 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 the court, in any sum not exceeding $300, or be imprisoned, for any term not exceeding one year.

SEC. 16. That no non-commissioned officer, or private, shall be arrested, or subject to arrest, for any debt under the sum of $20.

SEC. 17. That if any non-commissioned officer, musicians, or private, shall desert from 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

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full term of his enlistment, and such soldier shall and may be tried and sentenced by a regimental or garrison court-martial, although the term of his enlistment may have elapsed previous to his being apprehended or tried.

SEC. 18. That the sentences of general courts-martial, in time of peace, extending to the loss of life, the dismission of a commissioned officer; or which shall, either in time of peace or war, respect a general officer, shall, with the whole of the proceedings in 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.

SEC. 19. That if any officer, non-commissioned officer, private, or musician, aforesaid, shall be wounded or 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 musician, shall never exceed $5 per month: And provided also, That all inferior disabilities shall entitle the person so disabled, to receive an allowance proportionate to the highest disability.

SEC. 20. 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, (except so much of the same as is by this act altered or amended,) as far as the same may be applicable to the constitution of the United States; or by such rules and articles as may hereafter be by law established.

SEC. 21. 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 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 him, according to the rules and articles of war."

SEC. 22. That so much of any act or acts, now in force, as comes within the purview of this act, shall be, and the same is hereby, repealed: saving, nevertheless, such parts thereof as relate to the enlistments or term of service of any of the troops, which, by this act, are continued on the present military establishment of the United States.

SEC. 23. That the general staff, as authorized by this act, shall continue in service until the 4th day of next March, and no longer.
[Approved, May 30, 1796.]

An Act authorizing the President of the United States to raise a provisional army, 28 May 1798.

That the President of the United States be, and he is hereby, authorized, in the event of a declaration of war against the United States, or of actual invasion of their territory, by a foreign power; or of imminent danger of such invasion discovered, in his opinion, to exist, before the next session of Congress, to cause to be enlisted, and to call into actual service, a number of troops, not exceeding ten thousand non-commissioned officers, musicians, and privates, to be enlisted for a term not exceeding three years; each of whom shall be entitled to receive a bounty of $10, one half on enlisting, and the other half on joining the corps to which he may belong.

SEC. 2. That the President be, and he is hereby, authorized to organize, with a suitable number of major-generals, and conformably to the military establishment of the United States, the said troops into corps of artillery, cavalry, and infantry, as the exigencies of the service may require; and, in the recess of the Senate, alone, to appoint the commissioned officers. The appointment of the field officers to be submitted to the advice and consent of the Senate at their next subsequent meeting. The commissioned and non-commissioned officers, musicians, and privates, raised in pursuance of this act, shall be subject to the rules and articles of war, and regulations for the government of the army, and be entitled to the same pay, clothing, rations, forage, and all other emoluments, bounty excepted, and in case of wounds or disability, received in service, to the same compensation, as the troops of the United States are by law entitled.

SEC. 3. That, in addition to the aforesaid number of troops, the President is hereby empowered, at any time within three years after the passing of this act, if, in his opinion, the public interest shall require, to accept of any company or companies of volunteers, either of artillery, cavalry, or infantry, who may associate and offer themselves for the service, who shall be armed, clothed, and equipped at their own expense, and whose commissioned officers the President is hereby authorized to appoint; who shall be liable to be called upon to do military duty, at any time the President shalf judge proper, within two years after he shall accept the same; and when called into actual service, and while remaining in the same, shall be under the same rules and regulations, and shall be entitled to the same pay, rations, forage, and emoluments of every kind, excepting bounty and clothing, as the other troops to be raised by this act.

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SEC. 4. That in case any such volunteer, while in actual service, and in the line of his duty, sustains any damage, by injury done to his horse, arms, or equipage, or by loss of the same, without any fault or negligence on his part, a reasonable sum, to be ascertained in such manner as the President shall direct, shall be allowed for each and every such damage or loss.

SEC. 5. That whenever the President shall deem it expedient, he is hereby empowered to appoint, by and with the advice and consent of the Senate, a commander of the army which may be raised by virtue of this act, and who, being commissioned as lieutenant-general, may be authorized to command the armies of the United States . . . who shall have authority to appoint from time to time, such number of aids, not exceeding four, and secretaries, not exceeding two, as he may judge proper, each to have the rank, pay, and emoluments of a lieutenant-colonel.

SEC. 6. That, whenever the President shall deem it expedient, he is hereby empowered, by and with the advice and consent of the Senate, to appoint an inspector-general, with the rank of major-general; . . . And at the time aforesaid, the President is further empowered, by and with the advice and consent of the Senate, to appoint an adjutant-general, who shall have the rank, pay, and emoluments of a brigadier-general. And the President is hereby authorized, alone, to appoint, from time to time, when he shall judge proper, assistant inspectors, to every separate portion of the army, consisting of one or more divisions, who shall be deputy adjutant-generals thereof, respectively, and who shall be taken from the line of the army, . . . and, likewise, to appoint inspectors and sub-inspectors to each brigade and corps, of every description, at his discretion, taking them from the line of the army, . . .

SEC. 7. That in case the President shall judge the employment of a quartermaster-general, physician-general, and paymaster-general, or either of them, essential to the public interest, he is hereby authorized, by and with the advice and consent of the Senate, to appoint the same accordingly, who shall be entitled to the rank, pay, and emoluments which follow, viz.: quartermaster-general, the rank, pay, and emoluments of a lieutenant-colonel; physician-general, and paymaster-general, each, the pay and emoluments of a lieutenant-colonel; Provided, That in case the President shall judge it expedient to appoint a commander of the army, an inspector-general, adjutant-general, quartermaster-general, physician-general, and paymaster-general, or either of them, in the recess of the Senate, he is hereby authorized to make any or all of said appointments, and grant commissions thereon, which shall expire at the end of the next session of the Senate thereafter . . . .

SEC. 9. That the commander of the army, inspector- general, adjutant-general, quartermaster-general, physician-general, and paymaster-general, and the general, field, and commissioned officers, who may be appointed by virtue of this act, shall, respectively, continue in commission during such term only as the President shall judge requisite for the public service; and that it shall be lawful for the President to discharge the whole, or any part, of the troops, which may be raised, or accepted, under the authority of this act, whenever he shall judge the measure consistent with the public safety.

SEC. 10. That no commissioned or staff officer, who shall be appointed by virtue of this act, shall be entitled to receive pay or emoluments until he shall be called in actual service, nor for any longer time than he shall continue therein: Provided, nothing in this section shall be construed to prevent captains and subalterns from receiving pay and emoluments while employed in the recruiting service: And provided also, That no enlistment shall take place by virtue of this act, after three years from the passing thereof.

SEC. 11. That it shall be lawful for the President of the United States, at his discretion, upon the request of any militia corps, established by law, in any state, disposed to inform themselves in the use of artillery, or of the executive of any state, in behalf of such corps, to suffer to be loaned to them such pieces, not exceeding two to any one corps, of the field artillery of the United States, as may be most convenient spared, to be taken, removed, and returned, at the expense of the party requesting; who are to be accountable for the same, and to give receipts accordingly.

SEC. 12. That the President of the United States shall be, and he is hereby, authorized, when, under his orders, any portion of the militia, or any volunteer corps, shall be called forth and engaged in the actual service of the United States, to suffer to be loaned, at the request of the executive of the state from which such militia shall be called forth, or of such volunteer corps, appearing to be unavoidably deficient, a supply of field artillery, arms, and accoutrements, from the arsenals of the United States, as the case may require; proper receipts and security being given to be accountable to return the same, the accidents of the service excepted . . . .

SEC. 14. That the private soldiers who are, and who shall be enlisted and employed in the 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 soldier 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 district in which the arrest shall happen, and of any justice of the supreme court of the United States, and of any court or judge of a state, who, by the laws of such state, are authorized to

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issue writs of habeas corpus, respectively, on application, by any officer of the corps in which such soldier shall be engaged, to grant a writ of habeas corpus, returnable before himself; and, upon due hearing and examination, in a summary manner, to discharge the soldier 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.
[Approved, May 28, 1798.]

An Act supplementary to, and to amend, the Act entitled "An Act authorizing the President of the United States to raise a provisional army," 22 June 1798.

That the companies of volunteers, and the members of each company, who shall be duly engaged and accepted by the President of the United States, and organized with proper officers commissioned by him, pursuant to the third section of the act, entitled "An act authorizing the President of the United States to raise a provisional army;" shall submit to and observe such rules of training and discipline, as shall be thought necessary to prepare them for actual service; and which rules the President of the United States is hereby authorized to make and establish; and all such companies and volunteers are hereby exempted, until their discharge, or during the time of their engagement, as aforesaid, from all militia duty which is or shall be required by the laws of the United States, or of any state, and from every fine, penalty, or disability, which is or shall be provided to enforce the performance of any duty or service in the militia.

SEC. 2. That the President of the United States shall be, and he is hereby, authorized, by and with the consent of the Senate, or by himself, in the recess of Congress, pursuant to the said act, to appoint and commission, as soon as he shall think it expedient, such and so many field officers as shall be necessary for the organizing and embodying in legions, regiments, or battalions, any volunteer companies who shall engage, and shall be accepted, as aforesaid; and such field officers shall have authority, accordingly, to train and discipline such volunteer companies, pursuant to the rules therefor, which shall be established, as aforesaid: Provided, That no officer or volunteer, who shall be appointed, engaged, or employed in any training or discipline, as aforesaid, shall be considered as in the pay of the United States, until called into actual service ....

SEC. 4. That the President of the United States may proceed to appoint and commission, in the manner prescribed by the said act, such and so many of the officers authorized thereby, for the raising, organizing, and commanding, the provisional army of ten thousand men, as, in his opinion, the public service shall more immediately require; any thing which may be supposed in the said act, to the contrary hereof notwithstanding: Provided, That the officers who shall be so appointed, shall not be entitled to any pay, subsistence, or other emolument, by reason of such commission, until they shall be, respectively, employed in the actual service of the United States: And provided, That the further raising of the said army shall not be authorized otherwise than as by the said act is provided.
[Approved, June 22, 1798.]

An Act to augment the army of the United States, and for other purposes, 16 July 1798.

That from and after the passage of this act, each regiment of infantry in the army of the United States; shall consist of one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, ten captains, ten lieutenants, ten ensigns, one sergeant-major, one quartermaster-sergeant, two senior musicians, forty sergeants, forty corporals, twenty musicians, and six hundred privates; and that the several regiments of infantry now in the service of the United States, be augmented accordingly: Provided always, That the President of the United States may, in his discretion, appoint and distribute such additional number of surgeon's mates, and for such length of time, as the exigencies of the service may require.

SEC. 2. That the President of the United States be, and he hereby is, authorized to raise, in addition to the present military establishment, twelve regiments of infantry, and six troops of light dragoons, to be enlisted for and during the continuance of the existing differences between the United States and the French Republic, unless sooner discharged; and the said six troops, together with the two troops of dragoons now in service, shall be formed into a regiment, and there shall be appointed thereto one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one sergeant-major, and one quartermaster-sergeant, whose pay and emoluments, as well as those of the cornets, respectively, shall be the same as are by law allowed to officers of the same grades in the infantry.

SEC. 3. That there shall be two major-generals, with two aids-de-camp each; one inspector-general, with the rank, pay, and emoluments of a major-general, and two aids-de-camp; three brigadier-generals, in addition to the present establishment; two assistant inspectors, (who shall be taken from the line of the army,) one adjutant-general, with one or more assistant or assistants, (to be

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taken from the line of the army,) and four chaplains ....

SEC. 7. That the President of the United States be, and he hereby is authorized to appoint a number, not exceeding four, teachers of the arts and sciences, necessary for the instruction of the artillerists and engineers, . . .

SEC. 8. That the officers, non-commissioned officers, musicians, and privates, raised by virtue of this act, shall take and subscribe the oath or affirmation prescribed by the law, entitled "An act to ascertain and fix the military establishment of the United States;" and that they shall be governed by the rules and articles of war which have been, or may be, established by law, and shall be entitled to the legal emoluments in case of wounds or disabilities, received while in actual service, and in the line of duty. And in recess of Senate, the President of the United States is hereby authorized to appoint all the regimental officers proper to be appointed under this act, and likewise to make appointments to fill any vacancies in the army, which may have happened during the present session of the Senate.

SEC. 9. That there shall be appointed an inspector of the artillery, taken from the line of artillerists and engineers, . . .
[Approved, July 16, 1798.]

An Act giving eventual authority to the President of the United States to augment the army, 2 March 1799.

That it shall be lawful for the President of the United States, in case war shall break out between the United States and a foreign European power, or in case imminent danger of invasion of their territory by any such power, shall, in his opinion, be discovered to exist, to organize and cause to be raised, in addition to the other military force of the United States, twenty-four regiments of infantry, a regiment and a battalion of riflemen, a battalion of artillerists and engineers, and three regiments of cavalry, or such part thereof as he shall judge necessary; the non-commissioned officers and privates of which to be enlisted for a term not exceeding three years, and to be entitled each to a bounty of $10; one-half to be paid at the time of enlistment, and the remainder at the time of joining the regiment to which they may belong.

SEC. 2. That the President of the United States be authorized, whenever it shall appear to him expedient, if during the session of the Senate, with their advice and consent, if in their recess, alone, to appoint and commission all officers for the said troops, agreeably to the rules and regulations prescribed by law for the military establishment: Provided, That the general and field officers who may be appointed in the recess of the Senate, shall, at the next meeting thereof, be nominated and submitted to them for their advice and consent.

SEC. 3. That the officers, non-commissioned officers, and privates, of the troops, which may be organized and raised pursuant to this act, shall be entitled to the like pay, clothing, rations, forage, and other emoluments, and to the like compensation in case of disability by wounds, or otherwise, incurred in the service, as the officers, non-commissioned officers, and privates of other troops of correspondent denominations, composing the army of the United States; and, with them, shall be subject to the rules and articles of war, and to all other regulations for the discipline and government of the army. Provided, That no officer, except captains and subalterns who may be employed in the recruiting service, shall be entitled to any pay or other emolument until he shall be called into actual service.

SEC. 4. That the laws of the United States respecting the regulations and emoluments of recruiting officers, punishment of persons who shall procure or entice a soldier to desert, or shall purchase his arms, uniform, clothing, or any part thereof, and the punishment of every commanding officer of every ship or vessel, who shall receive on board his ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any soldier, or refuse to deliver him up to the orders of his commanding officer; and the law respecting the oath or affirmation to be taken by officers, noncommissioned officers, musicians, and privates; and respecting the inserting of conditions in the enlistments; and all other laws respecting the military establishment of the United States, excepting in such cases where different and specific regulations are made by this act, shall be in force, and apply to all persons, matters, and things, within the intent and meaning of this act, in the same manner as they would were they inserted at large in the same.

SEC. 5. That it shall be lawful for the President of the United States, at his discretion, to discharge the whole, or any part of the troops which may be raised by virtue of this act, whensoever he shall think fit.

SEC. 6. That the President of the United States be authorized to organize all such companies of volunteers, as have been, or shall be, accepted by him pursuant to the act entitled "An act authorizing the President of the United States to raise a provisional army" into regiments, brigades, and divisions, and to appoint all officers thereof, agreeably to the organization prescribed by law for the army of the United States: and the said volunteers shall not be compelled to serve out of the state in which they reside, a longer time than three months after their arrival at the place of rendezvous.

SEC. 7. That it shall not be lawful for the President of the United States to call forth and employ the said vol-

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unteers in all the cases, and to effect all the purposes, for which he is authorized to call forth and employ the militia, by the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for these purposes."

SEC. 8. That it shall not be lawful for the President of the United States to accept a greater number of the said volunteers, in any of the states or territories of the United States, than is hereinafter apportioned to them, respectively; that is to say: To New Hampshire, three thousand; to Massachusetts, ten thousand; to Rhode Island, one thousand; to Vermont, two thousand; to Connecticut, five thousand; to New York, seven thousand; to New Jersey, five thousand; to Pennsylvania, ten thousand; to Delaware, one thousand; to Maryland, five thousand; to Virginia, ten thousand; to Kentucky, one thousand; to North Carolina, seven thousand; to Tennessee, one thousand; to South Carolina, four thousand; to Georgia, fifteen hundred; to North-Western Territory, one thousand; and to Mississippi Territory, five hundred ....

SEC. 11. That the powers, by the first and second sections of this act vested in the President of the United States, shall cease at the expiration of the session of Congress next ensuing the present, unless they shall be, by some future law, continued in force for a longer time.
[Approved, March 2, 1799.]

An Act to suspend, in part, an Act, entitled "An Act to augment the army of the United States, and for other purposes;" 20 February 1800.

That all further enlistments under the second section of an act, entitled "An act to augment the army of the United States, and for other purposes;" shall be suspended until the further order of Congress, unless, in the recess of Congress, and during the continuance of the existing differences between the United States and the French Republic, war shall break out between the United States and the French Republic, or imminent danger of invasion of their territory, by the said republic, shall, in the opinion of the President of the United States, be discovered to exist.

An Act supplementary to the Act to suspend part of an Act, entitled "An Act to augment the army of the United States, and for other purposes," 14 May 1800.

That it shall be lawful for the President of the United States to suspend any further military appointments under the act to augment the army of the United States, and for other purposes, and under the ninth section of the act for the better organization of the troops of the United States, and for other purposes, according to his discretion, having reference to economy and the good of the service.

SEC. 2. That the President of the United States shall be, and hereby is, authorized and empowered to discharge, on or before the 15th day of June next, all such officers, non-commissioned officers, and privates, as have heretofore been appointed, commissioned, or raised, under and by virtue of the said acts, or either of them, except the engineers, inspector of artillery, and inspector of fortifications: Provided always, That nothing in this act contained shall be construed to authorize any reduction of the first four regiments of infantry, the two regiments of artillerists and engineers, the two troops of light dragoons, or of the general and other staff, authorized by the several laws for the establishing and organizing of the aforesaid corps ....

An Act fixing the Military Peace Establishment of the United States, 16 March 1802.

That the military peace establishment of the United States, from and after the 1st of June next, shall be composed of one regiment of artillerists, and two regiments of infantry, with such officers, military agents, and engineers, as are hereinafter mentioned.

SEC. 2. That the regiment of artillerists shall consist of one colonel, one lieutenant-colonel, four majors, one adjutant, and twenty companies, each company to consist of one captain, one first lieutenant, one second lieutenant, two cadets, four sergeants, four corporals, four musicians, eight artificers, and fifty-six privates: to be formed into five battalions: Provided always, That it shall be lawful for the President of the United States to retain, with their present grade, as many of the first lieutenants, now in service, as shall amount to the whole number of lieutenants required; but that, in proportion as vacancies happen therein, new appointments be made to the grade of second lieutenants, until their number amount to twenty; and each regiment of infantry shall consist of one colonel, one lieutenant-colonel, one major, one adjutant, one sergeant-major, two teachers of music, and ten companies; each company to consist of one captain, one first and one second lieutenant, one ensign, four sergeants, four corporals, four musicians, and sixty-four privates.

SEC. 3. That there shall be one brigadier-general, with one aid-de-camp, who shall be taken from the captains or subalterns of the line; one adjutant and inspector of the army, to be taken from the line of field officers; one paymaster of the army, seven paymasters, and two as-

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sistants, to be attached to such districts as the President of the United States shall direct, to be taken from the line of commissioned officers, who, in addition to their other duties, shall have charge of the clothing of the troops; three military agents, and such number of assistant military agents, as the President of the United States shall deem expedient, not exceeding one to each military post; which assistants shall be taken from the line; two surgeons, twenty-five surgeon's mates, to be attached to the garrisons or posts, and not to corps ....

SEC. 9. That the President of the United States cause to be arranged the officers, non-commissioned officers, musicians, and privates of the several corps of troops now in the service of the United States, in such manner as to form and complete, out of the same, the corps aforesaid: and cause the supernumerary officers, noncommissioned officers, musicians, and privates, to be discharged from the service of the United States, from and after the 1st day of April next, or as soon thereafter as circumstances may permit.

SEC. 10. That the officers, non-commissioned 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.

SEC. 11. That the commissioned officers who shall be employed in the recruiting service, to keep up, by voluntary enlistments, 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 $2: 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, or 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 . . . .

SEC. 18. That if any non-commissioned 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 term of his enlistment may have elapsed previous to his being apprehended or tried.

SEC. 19. That 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 $300, or be imprisoned, any term not exceeding one year.

SEC. 20. That every officer, non-commissioned 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."...

SEC. 22. 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 $1.25 per day to officers who are not entitled to forage, and not exceeding $1 per day to such as shall be entitled to forage.

SEC. 23. That no non-commissioned officer, musician, or private, shall be arrested, or subject to arrest, or to be taken in execution, for any debt under the sum of $20, contracted before enlistment, nor for any debt contracted after enlistment.

SEC. 24. That, 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.

SEC. 25. That to each commissioned officer, who shall be deranged by virtue of this act, there shall be

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allowed and paid, in addition to the pay and emoluments to which they will be entitled by law at the time of their discharge, to each officer whose term of service in any military corps of the United States shall not have exceeded three years, three months' pay; to all other officers, so deranged, one month's pay of their grades, respectively, for each year of past service in the army of the United States, or in any regiment or corps now or formerly in the service thereof.

SEC. 26. That 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 so as that the number of the whole corps shall, at no time, exceed twenty officers and cadets.

SEC. 27. That the said corps, when so organized, shall be stationed at West Point, in the State of New York, and shall constitute a military academy; and the engineers, assistant engineers, and cadets of the said corps, shall be subject, at all times, to do duty in such places, and on such service, as the President of the United States shall direct.

SEC. 28. That the principal engineer, and in his absence the next in rank, shall have the superintendence of the said military academy, under the direction of the President of the United States; and the secretary of war is hereby authorized, at the public expense, under such regulations as shall be directed by the President of the United States, to procure the necessary books, implements, and apparatus for the use and benefit of the said institution.

SEC. 29. That so much of any act or acts now in force, as comes within the purview of this act, shall be, and the same is hereby, repealed; saving, nevertheless, such parts thereof as relate to the enlistments, or term of service, of any of the troops which by this act are continued on the present military establishment of the United States.
[Approved, March 16, 1802.]

An Act making provision for arming and equipping the whole body of the Militia of the United States, 23 April 1808.

That the annual sum of two hundred thousand dollars be, and the same hereby is appropriated for the purpose of providing arms and military equipments for the whole body of the militia of the United States, either by purchase or manufacture, by and on account of the United States.

SEC. 2. That the President of the United States be, and he hereby is, authorized to purchase sites for, and erect, such additional arsenals and manufactories of arms as he may deem expedient, under the limitations and restrictions now provided by law: Provided, also, That so much of any law as restricts the number of workmen in the armories of the United States to one hundred men, be, and the same hereby is, repealed.

SEC. 3. That all the arms procured in virtue of this act shall be transmitted to the several states composing this union, and territories thereof, to each state and territory, respectively, in proportion to the number of the effective militia in each state and territory, and by each state and territory to be distributed to the militia in such state and territory, under such rules and regulations as shall be by law prescribed by the legislature of each state and territory.
[Approved, April 23, 1808.]

An Act declaring war between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their Territories, 18 June 1812.

That war be, and the same is hereby, declared to exist between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their Territories; and that the President of the United States is hereby authorized to use the whole land and naval force of the United States to carry the same into effect, and to issue to private armed vessels of the United States, commissions, or letters of marque and general reprisal, in such form as he shall think proper, under the seal of the United States, against the vessels, goods, and effects of the government of the said United Kingdom of Great Britain and Ireland, and the subjects thereof.

An Act fixing the Military Peace Establishment of the United States, 3 March 1815.

That the military peace establishment of the United

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States shall consist of such proportions of artillery, infantry, and riflemen, not exceeding, in the whole, ten thousand men, as the President of the United States shall judge proper, and that the corps of engineers, as at present established, be retained.

SEC. 2. That the corps of artillery shall have the same organization as is prescribed by the act passed the 30th of March, 1814, and the regiment of light artillery the same organization as is prescribed by the act passed the 12th day of April, 1808; and that each regiment of infantry and riflemen shall consist of one colonel, one lieutenant-colonel, one major, one adjutant, one quartermaster, one paymaster, one surgeon, and two surgeon's mates, one sergeant-major, one quartermastersergeant, two, principal musicians, and ten companies; each company to consist of one captain, one first lieutenant, and one second lieutenant, four sergeants, four corporals, two musicians, and sixty-eight privates.

SEC. 3. That there shall be two major-generals, and four brigadier-generals; the major-generals to be entitled to two aids-de-camp, and the brigadier-generals to one aid-de-camp, each, to be taken from the subalterns of the line; four brigade-inspectors, and four brigade-quartermasters, and such number of hospital surgeons and surgeon's mates as the service may require, not exceeding five surgeons and fifteen mates, with one steward and one ward-master to each hospital. The brigade-inspectors, appointed under this act, shall be taken from the line, and the brigade quartermasters, the adjutants, regimental quartermasters, and paymasters, from the subalterns of the line.

SEC. 4. That the compensation, subsistence, and the clothing of the officers, cadets, non-commissioned officers, musicians, artificers, and privates, composing the military peace establishment, shall be the same as are prescribed by the act entitled "An act fixing the military peace establishment of the United States;" passed 16th March, 1802, and the act entitled "An act to raise, for a limited time, an additional military force;' passed 12th of April, 1808; and that the major-generals shall be entitled to the same compensation as is provided by an act entitled "An act to raise an additional military force," passed 11th January, 1812.

SEC. 5. That the President of the United States cause to be arranged the officers, non-commissioned officers, musicians, and privates, of the several corps of troops now in the service of the United States, in such a manner as to form and complete out of the same the corps authorized by this act, and cause the supernumerary officers, non-commissioned officers, musicians, and privates, to be discharged from the service of the United States, from and after the 1st day of May next, or as soon as circumstances may permit.

SEC. 6. That to each commissioned officer, who shall be deranged by virtue of this act, there shall be allowed and paid, in addition to the pay and emoluments to which they will be entitled by law at the time of his discharge, three months' pay.

SEC. 7. That the several corps authorized by this act shall be subject to the rules and articles of war, be recruited in the same manner, and with the same limitations, and that officers, non-commissioned officers, musicians, and privates, shall be entitled to the same provision for wounds and disabilities, the same provision for widows and children, and the same benefits and allowances in every respect, not inconsistent with the provisions of this act, as are authorized by the act of 16th March, 1802, entitled "An act fixing the military peace establishment of the United States;" and the act of the 12th April, 1808, entitled "An act to raise, for a limited time, an additional military force;" and that the bounty to the recruit, and compensation to the recruiting officer, shall be the same as are allowed by the aforesaid act of the 12th of April, 1808.
[Approved, March 3, 1815.]

The following editions of the primary sources were used in the above reproductions:

Callan, John F. The Military Laws of the United States, Relating to the Army, Volunteers, Militia, and to Bounty Lands and Pensions, from the Foundation of the Government to the Year 1863. Philadelphia: George W. Childs, 1863.
Farrand, Max, ed. The Records of the Federal Convention of 1787. Rev. ed. 4 vols. New Haven: Yale University Press, 1937.
Fitzpatrick, John C., ed. The Writings of George Washington from the Original Manuscript Sources, 1745-1799. Washington: Government Printing Office, 1931-44.
Ford, Paul L., ed. Pamphlets on the Constitution of the United States Published During its Discussion by the People, 1787-1788. Brooklyn: n.p., 1888.
Ford, Worthington C., ed. Journals of the Continental Congress, 1774-1789. 34 vols. Washington: Government Printing Office, 1904-1937.
Rossiter, Clinton, ed. The Federalist Papers. New York: New American Library, 1961.
Syrett, Harold C., ed. The Papers of Alexander Hamilton. New York: Columbia University Press, 1962.

The documents by Steuben and Knox were published in 1784 and 1790 respectively. Copies of these rare volumes are on deposit at the Library of Congress. The version of the Constitution printed above is from the version prepared by the Commission on the Bicentennial of the United States Constitution in 1986.

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