United States Statutes at Large/Volume 1/5th Congress/3rd Session/Chapter 31

United States Statutes at Large, Volume 1
United States Congress
Public Acts of the Fifth Congress, Third Session, Chapter 31

March 2, 1799.
Chap. XXXI.—An Act giving eventual authority to the President of the United States to augment the Army.

Repealed 1802, ch. 9.
In case of war or danger of invasion an additional force may be raised.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 ten dollars—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.

How the officers may be appointed.Sec. 2. And be it further enacted, 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.

Pay and emoluments to which the new levies shall be entitled.Sec. 3. And be it further enacted, 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,To what rules they shall be subject.
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.

The laws respecting the military establishment to be in force in relation to them.Sec. 4. And be it further enacted, 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 other 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, non-commissioned 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.

The President may discharge them.Sec. 5. And be it further enacted, 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.

The volunteers may be organized.
1798, ch. 47.
Sec. 6. And be it further enacted, 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 the arrival at the place of rendezvous.

For what purposes the volunteers may be employed.
1795, ch. 36.
Sec. 7. And be it further enacted, That it shall be lawful for the President of the United States to call forth and employ the said volunteers 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 repeal invasions, and to repeal the act now in force for these purposes.”

Proportion of volunteers from each state limited.Sec. 8. And be it further enacted, 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.

Appropriation for the purposes of this act, and authority to borrow money.Sec. 9. And be it further enacted, That for the execution of this act, if it shall be found necessary to carry it, or any part of it in effect, there be appropriated the sum of two millions of dollars, and that the President be authorized to borrow, on behalf of the United States, the said sum, or so much thereof as he shall deem necessary (which the Bank of the United States is hereby empowered to lend) and upon such terms and conditions as he shall judge most advantageous to the United States. Provided, That such terms and conditions shall not restrain the United States from paying off the sum which may be borrowed, after the expiration of fifteen years.

Certain duties pledged to redeem the loan.Sec. 10. And be it further enacted, That so much as may be necessary of the surplus of the duties on imports and tonnage, beyond the permanent appropriations heretofore charged upon them by law, shall be, and hereby is pledged and appropriated for paying the interest of all such monies as may be borrowed pursuant to this act, according to the terms and conditions on which the loan or loans, respectively, may be effected; and also for paying, by discharging the principal sum or sums of any such loan or loans, according to the terms and conditions to be fixed as aforesaid.

Limitation of the powers given in the first and second sections.Sec. 11. And be it further enacted, 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.