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mer, and one fifer or bugler. That there shall be a regimental staff, to consist of one adjutant and one quartermaster,1 to rank as lieutenants; one paymaster; one surgeon, and one surgeon's mate; one sergeant-major; one drum-major, and one fifemajor.

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 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

A quartermaster-general for each state, and one quartermaster for each brigade, with a chaplain to each regiment, 2 March, 1803, chap. 15, post.

each company with a drum, and fife or bugle horn, by the commissioned officers of the company, in such manner as the legis lature of the respective states shall direct.

SEC. 6. That there shall be an adjutant-general appointed in each state, whose duty1 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. 7.2 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

1 And to make return to the President, annually, of the militia of the state, and their arms, &c., 2 March, 1803.

2 This section is repealed by act of 12 May, 1820, chap. 97, which adopts, for the militia of the United States, the system of discipline and field exercise observed by the regular army. The rules of 1779, here referred to, were contained in the system prepared by the Baron Steuben, which was examined and amended by General Washington prior to its adoption by Congress.

officer of the brigade, regiment, battalion, company, or detach

ment.

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 manœuvres, 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 he 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.]

CHAPTER 37.-Approved, May 8, 1792.—Vol. 1, p. 279.

An Act making alterations in the Treasury and War Departments.

SEC. 1. Accountant of War Department authorized.1

SEC. 3. That there be a paymaster to reside near the head-quarters of the troops of the United States. That it shall be the duty of the said paymaster, to receive, from the treasurer, all the moneys which shall be intrusted to him for the purpose of paying the pay, the arrears of pay, subsistence, or forage, due to the troops of the United States. That he shall receive the pay abstracts of the paymasters of the several regiments or corps, and compare the same with the returns or muster rolls which shall accompany the said pay abstracts. That he shall certify, accurately, to the commanding officer, the sums due to the respective corps, which shall have been examined as aforesaid, who shall thereon issue his warrant on the said deputy paymaster, for the payment accordingly. That copies of all reports to the commanding officer, and the warrants thereon, shall be duly transmitted to the office of the accountant of the war department, in order to be there examined, and finally adjusted at the treasury. That the said paymaster shall give bond in the sum of $20,000, with two sufficient sureties, for the faithful discharge of his duty, and he shall take an oath faithfully to execute the duties of his office. That the compensation to the said paymaster shall be $60 monthly, with the same rations and forage as a major.5

SEC. 4. That no assignment of pay, made after the first day of June next, by a non-commissioned officer or private, shall be valid.

SEC. 5. That all purchases and contracts, for supplying the army with provisions, clothing, supplies in the quartermaster's department, military stores, Indian goods, and all other supplies, or articles for the use of the department of war, be made by, or under, the direction of the treasury department.

SEC. 8. That in case of the death, absence from the seat of government, or sickness of the Secretary of State, Secretary of the Treasury, or of the Secretary of the War Department, or of any officer of either of the said departments whose appointment is not in the head thereof, whereby they cannot perform the duties of their said respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize any person or persons at his discretion to per

1 Additional accountant authorized by chap. 140, 29 April, 1816, and both offices abolished by sec. 1, chap. 45, 3 March, 1817.

2 This sec. supplied by chap. 69, sec. 4, 30 April, 1816.

3 Paymaster-general to be appointed by chap. 69, sec. 3, 3 March, 1816.

4 As the President may require, by 16 March, 1802.-As Secretary of War may require, 25 April, 1816.

5 See chap. 48, sec. 1, 3 March, 1799; chap. 26, sec. 1, 22 April, 1800; 16 March, 1802; chap. 9, sec. 3, and 24 April, 1816, sec. 3.

6 Modified by 16 July, 1798, sec 3.

7 And in case of vacancy, see 13 Feb., 1795, chap. 21.

form the duties of the said respective offices until a successor be appointed, or until such absence or inability by sickness shall

cease.

[Approved, May 8, 1792.]

CHAPTER 1.-Approved, January 13, 1794.—Vol. 1, p. 341.

An Act making an alteration in the flag of the United States.

That from and after the first day of May, Anno Domini 1795, the flag of the United States be fifteen stripes, alternate red and white. That the Union be fifteen stars, white, in a blue field.1

CHAPTER 9.-Approved, March 20, 1794.-Vol. 1, p. 345.

An Act to provide for the defence of certain ports and harbors in the United States.

That the following ports and harbors be fortified, under the direction of the President of the United States, and at such time or times as he may judge necessary, to wit: Portland, in the district of Maine; Portsmouth, in the state of New Hampshire; Gloucester, Salem, Marblehead, and Boston, in the state of Massachusetts; Newport, in the state of Rhode Island; New London, in the state of Connecticut; New York; Philadelphia; Wilmington, in the state of Delaware; Baltimore, in the state of Maryland; Norfolk and Alexandria, in the state of Virginia; Cape Fear river, and Ocracock Inlet, in the State of North Carolina; Charleston and Georgetown, in the state of South Carolina; and Savannah' and St. Mary's, in the state of Georgia.

SEC. 2. That it shall be lawful for the President of the United States to employ, as garrisons, in the said fortifications, or any of them, such of the troops on the military establishment of the United States as he may judge necessary; and to cause to be provided one hundred cannon, of a calibre, each, to carry a ball of thirty-two pounds weight, and one hundred other cannon, of a calibre, each, to carry a ball of twenty-four pounds weight, together with the carriages and implements necessary for the same, and carriages with the necessary implements for one hundred and fifty other cannon, with two hundred and fifty tons of cannon shot.

SEC. 3. That it shall be lawful for the President of the United States to receive from any state (in behalf of the United States) a cession of the lands on which any of the fortifications aforesaid, with the necessary buildings, may be erected, or intended to be erected; or, where such cessions shall not be made, to pur

1 First fixed by resolution of 14 June, 1775; altered and established by act of 4 April, 1818, chap. 34.

2 And Annapolis, 29 May, 1794, chap. 25.

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