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Department of

Secretary thereof

cretary of war to

assembled, That there shall be an executive department, war established, 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 enjoined on, or entrusted to, him. by the president of the United States, agreeably to the constitution, relaDuties of the seive to military commissions, or to the land or naval include 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 Secretary subjectfficer shall conduct the business of the said department to the president's. instructions in such manner as the President of the United States shall. from time to time, order or instruct.

military affairs.

SEC. 2. And be it further enacted, 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 Chief clerk of department of war, and who, whenever the said princi. the department pal 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.

of war.

His duties

Oath of office of

war and his clerks.

SEC. 3. And be it further enacted, That the said printhe secretary of cipal 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.

Secretary to take

&e of the form

er

ment.

SEC. 4. And be it further enacted, That the secretary charge of papers for the department of war, to be appointed in consewar depart-quence 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.]

*So much of this act as vests in the secretary of war, the administration of naval concerns, is repealed by an act of 30th of April, 1798, estab. lishing the navy department.

CHAPTER XI.

An act to recognise and adapt to the constitution of the United States, t'he establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned *

3d Oct 1787. re

SEC.1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the establishment contained in the resolve of Establishment of the late congress, of the third day of October, one thou- cognized, &c. sand seven hundred and eighty-seven,† 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.

ances of troops

SEC. 2. And be it further enacted. That the pay and al- Pay and allowlowances of the said troops, be the same as have been recognized. established by the United States in Congress assembled, by their resolution of the twelfth of April, one thousand seven hundred and eighty-five.‡

vates to take

SEC. 3. And be it further enacted, That all commission- Officers and pried and non-commissioned officers, and privates, who are, oaths 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) Forms of the 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."

oaths.

governed by es

and articles of

SEC. 4. And be it further enacted, That the said troops Troops to be shall be governed by the rules and articles of war, which tablished rules have been established by the United States in Congress war, e. assembled, or by such rules and articles of war as may hereafter by law be established.

call out militia

SEC. 5. And be it further enacted, That, for the purpose President may of protecting the inhabitants of the frontiers of the Uni- to protect against ted States from the hostile incursions of the Indians, the Indians, &c. 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

*Repealed by act of the 30th of April, 1790-see chap. 12, sec. 14. †See chapter 9.

See chapter 7.

$See chapter 2, with supplements 3, 4, 6, & 8.

Pay, &c. of mili- service, be the same as the pay and subsistence of the troops abovementioned.

tia in service.

Limitation of this act

SEC. 6. And be it further enacted, That this act shall continue, and be in force, until the end of the next session of congress, and no longer.

[Approved, September 29, 1789.]

1.216 non-commissioned offi

cers, privates,

&c. for three

years.

Height and age.

5 feet 6 inches.

tillery.

the regiment of infantry.

CHAPTER XII.

An act for regulating the Military Establishment of the United States*

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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. And be it further enacted, 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.

One regiment of SEC. 3. And be it further enacted. That the commisinfantry, and a battalion of ar- sioned officers hereinafter mentioned, and the said noncommissioned officers. privates, and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one battalion of artillery. The Composition of regiment of infantry to be composed of one lieutenantcolonel 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 comthe battalion of posed 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, roviso as to ap- sixty-six privates, and two musicians: Provided always, That the adjutants, quartermasters, and pay

Composition of artillery.

pointments from the line.

*Repealed and supplied by act of 3d of March, 1795; which recognized and continued the then existing establishment-see chapter 24.

masters, shall be appointed from the line, of subalterns of the aforesaid corps, respectively.

SEC. 4. And be it further enacted, That the President of the United States may, from time to time, appoint one or two inspectors, as to him shall seem meet, to in- Inspectors: spect the said troops, who shall also muster the same, their duty, &c. and each of whom shall receive the like pay and subsistence as a captain, and be allowed ten dollars per month for forage.

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SEC. 5. And be it further enacted, That the troops Pay of the aforesaid shall receive for their services the following troops. enumerated monthly rates of pay: Lieutenant-colonel commandant, sixty dollars; major commandant of artillery, forty-five dollars; majors, forty dollars; captains, thirty dollars; lieutenants, twenty-two dollars; ensigns, eighteen dollars; surgeons, thirty dollars; surgeon's mates, twenty-four dollars; sergeants, five dollars; corporals, four dollars; privates, three dollars; senior musicians in each battalion of infantry, and in the battalion of artillery, five dollars; musicians, three dollars: Provided always, That the sums hereinafter specified, Proviso; as to deshall be deducted from the pay of the non-commissioned clothing & hos. officers, privates, and musicians, stipulated as aforesaid, pital stores. for the purposes of forming a fund for clothing and hospital stores: From the monthly pay of each sergeant and senior musician, there shall be deducted, for uniform clothing, the sum of one dollar and forty cents, and the farther sum of ten cents for hospital stores; and from the monthly pay of each corporal, for uniform clothing, one dollar and fifteen cents, and the farther sum of ten cents for hospital stores; and from the monthly pay of each private and musician, for uniform clothing, the sum of ninety cents, and the further sum of ten cents for hospital stores.

as adjutants, &c.

missioned offi

cers.

SEC. 6. And be it further enacted, That the subal- Additional pay of terns who may be appointed to act as adjutants, shall subsering each receive for the same, in addition to their regimental pay, ten dollars per month; and quarter and paymasters, so appointed, each five dollars per month. SEC. 7. And be it further enacted, That the commis- Rations of comsioned officers aforesaid shall receive, for their daily subsistence, the following number of rations of provisions, to wit: Lieutenant-colonel-com nandant, six; a major, four; a captain, three; a lieutenant, two; an ensign, two; a surgeon, three; a surgeon's mate, two; or money in lieu thereof, at the option of the said officers, Money for ra at the contract price at the posts, respectively, where to the rations shall become due.

tions.

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Money instead of

forage.

Uniform cloth

ing for non-com missioned offi

&c.

SEC. 8. And be it further enacted, That the commissioned officers hereinafter described, shall receive, monthly, the following enumerated sums, instead of forage: Lieutenant-colonels-commandant, twelve dollars; major commandant of artillery, majors, and surgeon, each ten dollars; surgeon's mates, each, six dollars.

SEC. 9. And be it further enacted, That every noncommissioned officer, private, and musician, aforesaid, cers, privates, shall receive annnally, the following articles of uniform clothing: One hat, or helmet, one coat, one vest, two pair of woollen and linen overalls, four pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, and one pair of buckles.

commissioned of

&c.

Or the value thereof.

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Rations for non- SEC. 10. And be it further enacted, That every nonficers, privates, commissioned officer, private and musician, aforesaid, shall receive, daily, the following rations of provisions, or the value thereof: One pound of beef, or three quarters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy or whiskey, or the value thereof, at the contract price where the same shall become due, and at the rate of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations.

Pensions to inva lids.

SEC. 11. And be it further enacted, 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 Proviso; as to a time being: Provided always, That the rate of compenmount of pensation 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 five dollars per month: Proviso; as to in- And provided also, That all inferior disabilities shall entitle the person so disabled, to receive only a sum in proportion to the highest disability.

sion.

ferior disabilities.

Officers, pri

vates, &c. to take an oath.

SEC. 12. And be it further enacted, 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 Form of the oath swear or affirm, (as the case may be) to bear true allegiance to the United States of America, and to serve

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