attendance in every such delegate, so admitted to a seat, be, and he is hereby, Every deleauthorized to receive, free of postage, under the said restrictions, te to receive for travelling any letters directed to him, and which shall have arrived at the expenses and seat of government prior to the passage of this act; and that every such delegate shall receive, for his travelling expenses and same compenattendance in congress, the same compensation as is, or may be, members, &c. allowed by law, to the members of the senate and house of representatives of the United States, to be certified and paid in the same manner. [Approved, February 18, 1802.] congress, the sation as CHAP. [8.] An act to repeal certain acts respecting the organization of the courts of the Unit- Obsolete. ed States; and for other purposes. 1. Be it enacted, &c. That the act of congress, passed on the The act mentioned, repealthirteenth day of February, one thousand eight hundred and one, ed. entitled "An act to provide for the more convenient organiza- Vol. i. p. 797. tion of the courts of the United States," from and after the first day of July next, shall be, and is hereby, repealed. 2. That the act, passed on the third day of March, one thous- The act menand eight hundred and one, entitled "An act for altering the ed. tioned, repealtimes and places of holding certain courts therein mentioned, and for other purposes," from and after the said first day of July next, shall be, and is hereby, repealed. force before 3. That all the acts, and parts of acts, which were in force Acts, &c. in before the passage of the aforesaid two acts, and which, by the the passage of same, were either amended, explained, altered, or repealed, shall the acts refer be, and hereby are, after the said first day of July next, revived, revived, &c. and in as full and complete force and operation as if the said two Vol. ii. p. 922. acts had never been made. red to, &c. Actions, suits, § 4. That all actions, suits, process, pleadings, or other pro- &c. continued ceedings, of what nature or kind soever, depending or existing over, &c. in any of the circuit courts of the United States, or in any of the district courts of the United States acting as circuit courts, or in any of the additional district courts, which were established by the aforesaid act of congress, passed on the thirteenth day of February, one thousand eight hundred and one, shall be, and hereby are, from and after the said first day of July next, continued over to the circuit courts, and to the district courts, and to the district courts acting as circuit courts, respectively, which shall be first thereafter holden, in and for the respective circuits and districts, which are revived and established by this act, and to be proceeded in, in the same manner as they would have been had they originated prior to the passage of the said act, passed on the thirteenth day of February, one thousand eight hundred and one. turnable to 5. That all writs and process which have issued, or may is- Writs, prosue, before the said first day of July next, returnable to the cir- cess, &c. recuit courts, or to any district court acting as a circuit court, or any court esany additional district court, established by the aforesaid act, the actre tablished by passed the thirteenth day of February, one thousand eight hun- pealed, to be dred and one, shall be returned to the next circuit court, or dis- returned to the trict court, or district court acting as a circuit court, re-es- district court tablished by this act; and shall be proceeded on therein in the revived by this same manner as they could had they been originally returnable next circuit or act, &c. Vol. ii. p. 940. 1088. 1401. Vol. p. 1574 1706. 1809. 1671. 1672. 1852. to the circuit courts, and district courts acting as circuit courts, hereby revived and established. [Approved, March 8, 1802.] CHAP. [9.] An act fixing the military peace establishment of the United States. 1. Be it enacted, &c. That the military peace establishment of the United States, from and after the first of June next, shall The military be composed of one regiment of artillerists, and two regiments peace esta of infantry, with such officers, military agents, and engineers, as to be compos are hereinafter mentioned. ed. how The regiment § 2. That the regiment of artillerists shall consist of one coloof artillerists. nel, 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 A regiment of their number amount to twenty and each regiment of infantry consist of the 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. infantry to officers and privates mentioned. One brigadier general, with an aid de camp, &c, Adjutant and &c. de 3. That there shall be one brigadier general, with one aid camp, who shall be taken from the captains or subalterns of the line; one adjutant and inspector of the army, to be taken inspector, &c. from the line of field officers; one paymaster of the army, seven One paymas- paymasters, and two assistants, to be attached to such districts ter of the army, as the president of the United States shall direct, to be taken Paymasters to from the line of commissioned officers, who, in addition to their have charge of other duties, shall have charge of the clothing of the troops; clothing, &c. Military three military agents, and such number of assistant military agents, &c. 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 garrisons or posts, and not to corps. Surgeons, &c. Monthly pay to the officers, noncommis sioned officers, $4. That the monthly pay of the officers, noncommissioned officers, musicians, and privates, be as follows, to wit: to the privates, &c. brigadier general, two hundred and twenty-five dollars, which shall be his full and entire compensation, without a right to demand or receive any rations, forage, travelling expenses, or other perquisite or emolument whatsoever, except such stationary as may be requisite for the use of his department; to the adjutant and inspector of the army, thirty-eight dollars, in addition to his pay in the line, and such stationary as shall be requisite for his department; to the paymaster of the army, one hundred and twenty dollars, without any other emolument, except such stationary as may be requisite in his department, and the use of the public office now occupied by him; to the aid de camp, in addition to his pay in the line, thirty dollars; to each paymaster attached to districts, thirty dollars, and each assistant to such paymaster, ten dollars, in addition to his pay in the line; to each military agent, seventy-six dollars, and no other emolument; to each assistant military agent, eight dollars, in addition to his pay in the line; except the assistant military agents at Pittsburg and Niagara, who shall receive sixteen dollars, each, in addition to their pay in the line; to each colonel, seventy-five dollars; to each lieutenant colonel, sixty dollars; to each major, fifty dollars; to each surgeon, forty-five dollars; to each surgeon's mate, thirty dollars; to each adjutant, ten dollars, in addition to his pay in the line; to each captain, forty dollars; to each first lieutenant, thirty dollars; to each second lieutenant, twenty-five dollars; to each ensign, twenty dollars; to each cadet, ten dollars; to each sergeant major, nine dollars; to each sergeant, eight dollars; to each corporal, seven dollars; to each teacher of music, eight dollars; to each musician, six dollars; to each artificer, ten dollars; and to each private, five dollars. commissioned 5. That the commissioned officers aforesaid shall be enti- Rations for tled to receive, for their daily subsistence, the following number officers. of rations of provisions: a colonel six rations; a lieutenant colonel, five rations; a major, four rations; a captain, three rations; a lieutenant, two rations; an ensign, two rations; a surgeon, three rations; a surgeon's mate, two rations; a cadet, two rations; or money in lieu thereof, at the option of the said officers and cadets, at the posts, respectively, where the rations shall become due; and if at such posts supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts, and the position of the place Rations for in question: And each noncommissioned officer, musician, and noncommis- private, one ration; to the commanding officers of each separate &c. and addipost, such additional number of rations as the president of the tional rations United States shall, from time to time, direct, having respect to ing officers, the special circumstances of each post; to the women who may Rations for be allowed to any particular corps, not exceeding the propor- women, &c. tion of four to a company, one ration each; to such matrons and Rations to nurses as may be necessarily employed in the hospital, one ra- nurses, &c. tion, each; and to every commissioned officer who shall keep one servant, not a soldier of the line, one additional ration. sioned officers, to command. &c. matrons and to consist of § 6. That each ration shall consist of one pound and a quar- Each ration ter of beef, or three quarters of a pound of pork, eighteen ounces the articles, of bread or flour, one gill of rum, whiskey, or brandy, and at and in the quantities, the rate of two quarts of salt, four quarts of vinegar, four pounds mentioned, of soap, and one pound and a half of candles, to every hundred rations. lieu of forage. 7. That the following officers shall, whenever forage is not Allowance in furnished by the public, receive at the rate of the following sums per month in lieu thereof: each colonel, twelve dollars; each lieutenant colonel, eleven dollars; each major, ten dollars; each adjutant, six dollars; each surgeon, ten dollars; and each surgeon's mate, six dollars. clothing for 8. That every noncommissioned officer, musician, and pri- Uniform vate, of the artillery and infantry, shall receive, annually, the fol- the non officers and artillery and infantry, &c. commissioned lowing articles of uniform clothing, to wit: one hat, one coat, privates of the one vest, two pair of woollen, and two pair of linen, overalls, one coarse linen frock and trowsers for fatigue clothing, four pair of shoes, four shirts, two pair of socks, two pair of short stockings, one blanket, one stock and clasp, and one pair of half gaithers: The secretary and the secretary of war is hereby authorized to cause to be of war to furnished to the paymasters of the respective districts, such masters to be surplus of clothing as he may deem expedient, which clothing surplus cloth shall, under his direction, be furnished to the soldiers, when neing for the sol- cessary, at the contract prices, and accounted for by them out diers, &c. of their arrears of monthly pay. cause the pay furnished with The president to form the 9. That the president of the United States cause to be arcorps author- ranged the officers, noncommissioned officers, musicians, and ized by this privates, of the several corps of troops now in the service of the act, out of the United States, in such manner as to form and complete, out of troops in service, &c the same, the corps aforesaid; and cause the supernumerary ofSupernumerary officers and ficers, noncommissioned officers, musicians, and privates, to be privates to be discharged from the service of the United States, from and after discharged, &c. the first day of April next, or as soon thereafter as circumstances may permit. The officers and privates and articles of war, &c. eral courts martial, ex loss of life, ficers entitled 10. That the officers, noncommissioned officers, musicians, to be govern- and privates, of the said corps, shall be governed by the rules ed 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 Proviso; sen- may be hereafter by law established: Provided, nevertheless, tences of gen- That the sentence of general courts martial, extending to the loss of life, the dismission of a commissioned officer, or which tending to the shall respect the general officer, shall, with the whole of the pro&c. to be laid ceedings of such cases, respectively, be laid before the president of before, the pre- the United States, who is hereby authorized to direct the same to sident, &c. be carried into execution, or otherwise, as he shall judge proper. Recruiting of- 11. That the commissioned officers who shall be employed to 2 dolls, for in the recruiting service, to keep up, by voluntary enlistment, every person 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 eighulation of teen and thirty-five years, the sum of two dollars: Provided, height and age not to extend nevertheless, That this regulation, so far as respects the height to musicians, and age of the recruit, shall not extend to musicians, or to those Proviso; no soldiers who may re-enlist into the service: And provided, also, person under That no person under the age of twenty-one years shall be enenlisted with- listed by any officer, or held in the service of the United States, out consent of without the consent of his parent, guardian, or master, first had and obtained, if any he have; and if any officer shall enlist any person contrary to the true intent and meaning of this act, for this act to for- every such offence he shall forfeit and pay the amount of the ty and cloth 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. they enlist, &c. of the description mentioned. Proviso; reg &c. der 21 to b his parent, &c. Officers enlisting persons contrary to feit the boun ing, &c. Bounty of 12 dolls. to each recruit. 12. That there shall be allowed and paid to each effective able bodied citizen, recruited as aforesaid, to serve for the term Payment of six dolls. of the of five years, a bounty of twelve dollars; but the payment of six dollars of the said bounty shall be deferred, until he shall be bounty demustered and have joined the corps in which he is to serve. ferred, &c. pay not to ex 13. That the said corps shall be paid in such manner that Arrears of the arrears shall, at no time, exceed two months, unless the cir- ceed two cumstances of the case shall render it unavoidable. inonths. disabled by on the list of be directed by for wounds, 14. That if any officer, noncommissioned officer, musician, Officers, &c. or private, in the corps composing the peace establishment, wounds, &c. shall be disabled by wounds or otherwise, while in the line of to be placed his duty, in public service, he shall be placed on the list of inva- invalids, at a lids of the United States, at such rate of pay, and under such re- rate of pay to gulations, as may be directed by the president of the United the president. States, for the time being: Provided always, That the compen- Proviso; sation to be allowed for such wounds or disabilities, to a com- compensation missioned officer, shall not exceed, for the highest rate of disa- &c. not to exbility, half the monthly pay of such officer at the time of his be- of officers, &e. ing disabled or wounded; and that no officer shall receive more Rate of comthan the half pay of a lieutenant colonel; and that the rate of pensation for compensation to noncommissioned officers, musicians, and pri- not to exceed, vates, shall not exceed five dollars per month: And provided, Proviso; alalso, That all inferior disabilities shall entitle the person so dis- lowance in abled to receive an allowance proportionate to the highest dis- proportion, ability. wounds, &c. &c. five years to the widows commissioned received in dren. Proviso. 15. That if any commissioned officer in the military peace Half pay for establishment of the United States, shall, while in the service of the United States, die, by reason of any wound received in ac- or children of tual service of the United States, and leave a widow, or, if no officers dying widow, a child or children under sixteen years of age, such wi- from wounds dow, or if no widow, such child or children, shall be entitled to and receive half the monthly pay to which the deceased was en- &c. titled at the time of his death, for and during the term of five years. But in case of the death or intermarriage of such widow, In case of the intermarriage before the expiration of the said term of five years, the half pay, of the widow, for the remainder of the time, shall go to the child or children of &c. the half such deceased officer: Provided always, That such half pay to the chilpay, &c. to go. shall cease on the decease of such child or children. § 16. That the paymaster shall perform the duties of his office The paymasagreeably to the direction of the president of the United States ter to perform for the time being; and, before he enters on the duties of the his office same, shall give bonds, with good and sufficient sureties, in such agreeably to sums as the president shall direct, for the faithful discharge of of the presihis said office; and shall take an oath to execute the duties there- dent, give bonds, take of with fidelity: and it shall, moreover, be his duty to appoint an oath, apfrom the line, with the approbation of the president of the Uni- point district ted States, the several paymasters to districts, and assistants, pre- &c. scribed by this act; and he is hereby authorized to require the said paymaster to districts, and assistants, to enter into bond, with good and sufficient surety, for the faithful discharge of their respective duties. the duties of the direction paymasters, agents to pur 17. That it shall be the duty of the military agents, desig- Military nated by this act, to purchase, receive, and forward, to their pro- chase and per destination, all military stores, and other articles for the forward militroops in their respective departments, and all goods and annui- goods for the ties for the Indians, which they may be directed to purchase, or Indians, &c. VOL. II. 85 |