CHAPTER 32.-Approved, April 18, 1806.-Vol. 2, p. 383.

An Act1 authorizing a detachment from the Militia of the United States. [The 1st, 2d, and 3d sections of this act are almost in the same words as chap. 32, March 3, 1803. The 4th section fixes the period of service at six months, and provides the pay and allowances of every kind given to the United States Army. Sec. 5 authorizes the President to select such portions of the detachment for service as he may prefer. Sec. 6 appropriates $2,000,000 to carry out the object of the act. Sec. 7 repeals chap. 32, March 3, 1803; and Sec. 8 limits this act to two years.]

CHAPTER 15.-Approved, February 24, 1807.-Vol. 2, p. 419. An Act authorizing the President of the United States to accept the service of a number of volunteer companies, not exceeding thirty thousand men.

That the President of the United States be, and he hereby is, authorized to accept of any company or companies of volunteers, either of artillery, cavalry, or infantry, who may associate and offer themselves for the service, not exceeding thirty thousand men, who shall be clothed and furnished with horses at their own expense, and armed and equipped at the expense of the United States after they shall be called into service, except such of them as may choose to furnish their own arms, and whose commissioned officers shall be appointed in the manner prescribed by law in the several states and territories to which such companies shall respectively belong: Provided, That where any company, battalion, regiment, brigade, or division of militia already organized, shall tender their voluntary service to the United States, such company, battalion, regiment, brigade, or division shall continue to be commanded by the officers holding commissions in the same at the time of such tender, and any vacancy thereafter occurring shall be filled in the mode pointed out by law in the state or territory wherein the said company, battalion, regiment, brigade, or division shall have been originally raised.

SEC. 2. That any company, battalion, regiment, brigade, or division, thus offering itself for the service, shall be liable to be called upon to do military duty at any time the President of the United States shall judge proper, within two years after he shall accept the same, and shall be bound to continue in service for the term of twelve months after they shall have arrived at the place of rendezvous, unless sooner discharged; and when called into actual service, and whilst remaining therein, shall be under the same rules and regulations, and be entitled to the same pay, rations, forage, and emoluments of every kind, bounty and clothing excepted, with the regular troops of the United States: Provided, That, in lieu of clothing, every non-commissioned officer and private, in any company, who may offer themselves, shall be entitled, when called into actual service, to receive in money a sum equal to the cost of the clothing of a non-commissioned officer or private (as the case may be) in the regular troops of the United States.

1 Chap. 39, March 3, 1808, is a continuation of this act for two years more; and see also chap. 55, April 10, 1812.

SEC. 3. That the President of the United States be, and he hereby is, authorized to organize the companies so tendering their service as aforesaid into battalions, squadrons, regiments, brigades, and divisions, as soon as the number of volunteers shall render such organization, in his judg ment, expedient; but, until called into actual service, such companies shall be bound to do regular militia duty as is required by law in like manner as before the passage of this act.

SEC. 4. That in case any volunteer above mentioned, while in actual service, shall sustain any damage by injury done to his horse, or such other equipment, as shall have been furnished at his own expense, 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 of the United States may direct, shall be allowed and paid to such volunteer for each and every such damage or loss.

SEC. 5. That the sum of $500,000, to be paid out of any moneys in the treasury not otherwise appropriated, be, and the same hereby is, appropriated towards defraying any expense incurred by virtue of the provisions of this act.

[Approved, February 24, 1807.]

CHAPTER 39.-Approved, March 3, 1807.-Vol. 2, p. 443.

An Act authorizing the employment of the Land and Naval Forces of the United States in cases of Insurrection.1

That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary, having first observed all the prerequisites of the law in that respect.

CHAPTER 7.-Approved, January 8, 1808.-Vol. 2, p. 453. An Act supplementary to an Act entitled "An Act for fortifying the ports and harbors of the United States, and for building gun-boats.

That the President of the United States is hereby authorized to cause such of the fortifications heretofore built or commenced, as he may deem necessary, to be repaired or completed, and such other fortifications and

1 See chap. 36, 28 Feb. 1795, and chap. 3, sec. 3, July 13, 1861, and July 29, 1861, and chap. 201, July, 1862.

works to be erected as will afford more effectual protection to our ports and harbors, and preserve therein the respect due to the constituted authorities of the nation; and that the sum of $1,000,000, in addition to the sums heretofore appropriated, be, and the same is hereby, appropriated for that purpose, out of any money in the treasury not otherwise appropriated. [Approved, January 8, 1808.]

CHAPTER 39.-Approved, March 3, 1808.-Vol. 2, p. 478.

An Act authorizing a detachment from the militia of the United States.

[This act is in the same words as chap. 32, 3 March, 1804, and appropriates one million dollars to carry out its objects, and sec. 7 limits its existence to two years. See also chap. 32, 18 April, 1806, chap. 39, 30 March, 1808, and chap. 55, 10 April, 1812.]

CHAPTER 42.-Approved, April 2, 1808.-Vol. 2, p. 481.

An Act authorizing the sale of public arms.1

That the President of the United States be, and he is hereby, authorized to cause to be sold to individual states who may wish to purchase, any arms now owned by the United States, and which may be parted with without injury to the public. Accounts of such sales shall be laid before Congress, and the money arising therefrom be, and the same is hereby, appropriated, under the direction of the President of the United States, to the purchase or manufacture of other arms for the use of the United States: Provided, That such arms be not delivered to any state or their agents, until the payment of the purchase-money be first made into the treasury of the United States, in money, or in the stock of the United States, at its value, as established by an act entitled "An Act to repeal so much of any act or acts as authorize the receipt of evidences of the public debt in payment for the lands of the United States, and for other purposes relative to the public debt:" Provided, also, That this provision shall not extend to any purchase, not exceeding five thousand stand of arms, which shall be made by a state to which the United States, by existing engagements, are bound to pay a sum of money equal to the amount of such purchase.

CHAPTER 43.-Approved, April 12, 1808.-Vol. 2, p. 481.

An Act to raise for a limited time an additional Military Force.? That, in addition to the present military establishment of the United

1 See chap. 93, 3 March, 1825, and chap. 65, 6 July, 1798, ante.

The provisions of this act regarding the organization of the regiment of light artillery, the compensation, subsistence, and clothing of the officers and troops, and those respecting wounds and disabilities, widows and children, and allowances generally, are adopted by act of 3 March, 1815, sections 2, 4, and 7. The residue may be considered as superseded by that and subsequent acts.

3 Army to be 10,000, by the 3 March, 1815, chap. 79, which see, and note.

States, there be raised five regiments of infantry, one regiment of riflemen, one regiment of light artillery, and one regiment of light dragoons, to be enlisted for the term of five years, unless sooner discharged.

SEC. 2. That the said regiments of infantry, riflemen, and artillery, shall consist of ten companies each, and the regiment of light dragoons of eight troops; and the field and staff officers of each regiment, of one colonel, one lieutenant-colonel, one major, one adjutant, one quartermaster, one paymaster, one surgeon, one surgeon's mate, one sergeant-major, one quartermaster-sergeant, two principal musicians, and for the regiment of light dragoons, one riding-master; each company of infantry and riflemen to consist of one captain, one first and one second lieutenant, one ensign, two cadets, four sergeants, four corporals, two musicians, and sixty-eight privates; each company of artillery, one captain, of one first and one second lieutenant, two cadets, four sergeants, four corporals, two musicians, eight artificers, and fifty-eight matrosses; and each troop of light dragoons, of one captain, one first and one second lieutenant, one cornet, two cadets, four sergeants, four corporals, two musicians, one saddler, one farrier, and sixty-four privates.

SEC. 3. That when, in the opinion of the President of the United States, a suitable proportion of the troops authorized by this act shall be raised, there may be appointed two additional brigadier-generals, who shall be entitled to one aid-de-camp each, to be taken from the subalterns of the line; two brigade inspectors, and two brigade quartermasters; and such number of hospital surgeons, and surgeon's mates, as the service may require, but not exceeding five surgeons and fifteen mates, with one steward and one wardmaster to each hospital; the brigade inspectors appointed under this act shall be taken from the line; and the brigade quartermasters, the adjutant, regimental quartermasters, and paymasters, from the subalterns of the line.

SEC. 4.3 That the compensation of the officers, cadets, non-commissioned officers, musicians, artificers, and privates, authorized by this act, shall be, viz. to each brigadier-general, $104 per month, twelve rations per day, or an equivalent in money, and $16 per month for forage, when not furnished by the public; each brigade inspector, $30 per month, in addition to his pay in the line; each brigade quartermaster and aid-de-camp, $20, and each adjutant, regimental quartermaster, and paymaster, $10 per month, in addition to their pay in the line; and to each $6 per month for forage, when not furnished as aforesaid; each hospital surgeon, $75 per month, six rations per day, or an equivalent in money, and $12 per month for forage, when not furnished as aforesaid; each hospital surgeon's mate, $40 per month, two rations per day, or an equivalent in money, and $6 per month for forage, when not furnished as aforesaid; each hospital steward, $20 per month and two rations per day, or an equivalent in money; each wardmaster, $16 per month, and two rations per day, or an equivalent in money;

1 This organization is supplied by subsequent acts; see the 2 March, 1821, chap. 15; the 30 March, 1814, chap. 37; the 3 August, 1842, chap. 186, and the notes to those acts. Each company of riflemen to consist of ninety men, by chap. 11, 10 Feb. 1814, and see organization of new regiments, by chap. 24, 29 July, 1861.

2 This section is supplied fully by the 3d section of the 3 March, 1815, chap. 13, and see the 16 March, 1802, sec. 2, n. 5.

3 And so of compensation, &c., by 6 July, 1812, chap. 133, sec. 2, and see, as to equivalent for forage, the 22 July, 1813, chap. 17, and see 16 March, 1802, chap. 9, sec. 7, and notes 8 and 9. This act as to pay and subsistence is recognized as in force by the acts of the 6 July, 1812, chap. 133, and the 3 March, 1815, chap. 79, sec. 4, and the 2 March, 1821, chap. 13.

4 Quære: If this takes away his office-room and stationery given by the 16 March, 1802, chap. 9, sec. 4, vol. i. p. 133?

to the colonel of light dragoons, $90 per month, six rations per day, and forage for five horses; to the lieutenant-colonel of light dragoons, $75 per month, five rations per day, and forage for four horses; to the major of light dragoons, $60 per month, four rations per day, and forage for four horses; to each captain of light dragoons, $50 per month, three rations per day, and forage for three horses; to each lieutenant of light dragoons, $33 per month, two rations per day, and forage for two horses; to each cornet of light dragoons, $263 per month, two rations per day, and forage for two horses; to the riding-master, $26 per month, two rations per day, and forage for two horses; each saddler and farrier, $10 per month, one ration per day, and a suit of uniform clothing annually; and all other officers, cadets, non-commissioned officers, musicians, artificers, and privates, authorized by this act, shall receive the like pay, clothing, rations, forage, and other emoluments as the officers, cadets, non-commissioned officers, musicians, artificers, and privates of the present1 military establishment: Provided, The officers and riding-master furnish their own horses and accoutrements, and actually keep in service the aforesaid number of horses to entitle them to the aforegoing allowance for forage, or its equivalent in money: And provided, also, That the whole or any part of the regiment of light dragoons shall be liable to serve on foot as light infantry until, by order of the President of the United States, horses and accoutrements shall be provided to equip the whole or any part thereof, as mounted dragoons.

SEC. 5. That the officers, cadets, non-commissioned officers, musicians, artificers, and privates, raised pursuant to this act, shall be entitled to the like compensation in case of disability by wounds and otherwise, incurred in the service, as the officers, cadets, non-commissioned officers, musicians, artificers, and privates in the present military establishment, and with them shall be subject to the rules and articles of war which have been established or may hereafter, by law, be established; and that the provisions of the act, intituled An Act fixing the military peace establishment of the United States, relative to the widow, child, or children of any commissioned officer who shall die, while in the service of the United States, by reason of any wound received in actual service of the United States, to courts-martial, the regulation and compensation3 of recruiting officers, the age, size,♦ qualifications and bounties of recruits, arrears of pay, the bonds and duties of paymasters, penalties for desertion, punishment of persons who shall procure or entice any soldier to desert,5 or shall purchase from any soldier his arms, uniform, clothing, or any part thereof: and the punishment of any commanding officer of any ship or vessel who shall receive on board of his 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; to the oath or affirmation to be taken and subscribed by officers, non-commissioned officers, musicians, and privates, to the allowance for extra expense to any commissioned officer in travelling and sitting on general courts-martial, to arrests of non-commissioned officers, musicians, and privates for debts, to the allowance to soldiers

1 16 March, 1802, chap. 9, sec. 4, and see chap. 31, 24 Feb. 1812. 2 The 16 March, 1802, chap. 9.

3 This is affirmed by 3 March, 1815, chap. 79, sec. 7; see 16 March, 1802, chap. 9, sec. 11, and n. 3. The recruiting fee is abolished by the 2 March, 1833, chap. 68, sec. 5. Fixed by the act of 1802, chap. 9, sec. 11, at 5 ft. 6 in., but repealed by the 5 July, 1838, chap. 162, sec. 30.

5 See, of punishment to desert and enticing to desert, the 11 January, 1812, chap. 14, sec. 16 and 17.

6 See, for extra expense, the 11 January, 1812, chap. 14, sec. 20.