United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1802-05-29 00:00:00, page 1

An ACT fixing the Military Peace Eftab
lifoment of the United States.
BE it enafled by the Senate and Ho# of Repe
fentatives of the United States of America, in
Cangrefs afcmb!ed, That the military peace eftab
liihment of the United States, from and after the
firft of June next, (hall be composed of one regi
ment of artillerifts and two regiments of infantry
with such officers, military agents, and engineers
as are herein after mentioned.
Sec 2. And he it farther enabled, That the regi
ment of artillerifts (hall consist of one colonel,
one lieutenant-colonel, four majors, one adjutant,
and twenty companies, each company to consist
of one captain, one firfl lieutenant, one second
lieutenant, two cadets, four ferj ants, four cor
porals, four musicians, eight artificers, and fifty
fix 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 firft lieuten
ants, now in service, as shall amount to the whole
number of lieutenants required ; but that in pro
portion as vacancies happen therein, new ap
pointments be made to the grade of second lieu
tenants until their number amount to twenty ;
and each regiment of infantry shall consist of one
colonel, one lieutenant-colonel, one major, one
adjutant, one ferjeant-major, two teachers of
music, and ten companies; each company to
gonfift of one captain, one firft and one second (
lieutenant, one ensign, fopr ferjeants, four corpo
rals, four musicians, and sixty four privates.
Sec. 3. And he it further enabled, That there
shall be one brigadier general, with one aid-de
camp, who shall be taken from the captains or
subalterns of the line ; one adjutant and infpec
fcor of the army, to be taken from the line of
field officers ; one pay-master of the army, seven
pay-matters and two assistants, to be attached to
such diftrias as the President of the U. States
shall dired, to be taken from the line of com
miffionedofficers, who, in addition to their other
duties, shall havecharge of the clothing of the
troops; three military agents, and such number
of assistant military agents as the President of
the United States shall deem expedient, not ex
ceeding one to each military pest; which affifl
ants shall be taken from the line; two surgeons;
twenty five surgeon's mates, to be attached to
garrisons or posts, and not to corps.
Sec. 4. And be it further enabled, 1 hat the month
ly pay of the officers, non-cominiffioned officers,
muficiam and privates, be as follows, to wit :—
to the brigadier-general,two hundred and twen
ty five dollars, which 'hall be his full and entire
compensation, without a right to demand or re
ceive any rations, forage, travelling expenses, or
other perquisite or emolument whatsoever, ex
cept such stationary as may be requisite for the
use ofhis department ;to the adjutant and in
fpeQor of the army, thirty eight dollars in addi
tion to his pay in the line, and such ttationafy
as shall be requisite for his department ; to the
pay-Tnafter of the army, one hundred And twen
ty dollars, without any other emoluments, ex
cept such stationary asTnay be requisite in his
department, and the Ufa of the public,office now
occupied by him ;to the aid-de-camp,,in addi
tion to his pay in the line, thirty dollars; to each
paymaster, attached to diftrias, thirty dollars,
and each assistant to such paymaster, ten dollars,
in addition to his pay in the line ; to each mili
tary agent, seventy fix dollars, & no other emol
ument ; to each affidant military agent, eight
^dollars, in addition to his pay in the line, except
the assistant military agents at Pitsburg 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 dol
lars ; th each furgcon, 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 firft lieu
tenant, thirty dollars; to each second lieutenant,
twenty five dollars ; to each ensign, twenty dol
lars ; to each cadet, ten dollars; to each fer
jeant-major, nine dollars ; to each ferjeant, eight
dollars; to each corporal, seven dollars; co each
teacher of music, eight dollars; to each musician,
fix dollars ; to each artificer, ten dollars ; and to
each private, five dollars.
Sec .5. And be it further enabled, That the com
missioned officers aforefaid shall be entitled to
receive for their daily fubfiftencc, the following
number of rations of provisions : A colonel, fix
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 ca
dets at the polls refpeaively,where the rations
shall become due ; and if at such post, supplies
are net furnifhed by contrad, then such allow
ance as shall be deemed equitable, having refer
• cnee to former contrasts and the pofitiou of the
place in question ; and each non-commissioned
officer, musician and private, one ration; to the
commanding officers of each separate post, such
additional, number of rations as the President of
the United States shall, from time to time,dircd,
havingfrefyea to the special circumftaoces of
each post ; to the women who may be allowed
to any particular corps, not exceeding the pro
, portion of four to a company, one ration each ;
to such matrons and nurses as may be necessarily
employed in the hospital, one ration each ; and
fQ every commissioned officer who shall keep one
fervent, not a soldier of the line, one additional
t,tien. . #
Portsmouth
or the UNITED STATES,
AT THE. FIRST SESSION,
Begun and held at the City of Washington, in
the Territory of Columbia, on Monday the
Seventh of December, one thousand eight
hundred and one.
AMERICAN INDEPENDENCE, TWENTY-SIXTH YEAR
Laws of the Union.
Or ALL THE DISPOSITIONS AND HABITS WHICH LEAD TO POLITICAL >
prosperity, RELIGION and MORALITY are ind ispenable J
supports. WASHINGTON'S Legacy. „s
Vol.XII.) SATURDAY, MAY 29, 1802.
PORTSMOUTH, N.H. Printed and Published every
talites States;
SEVENTH CONGRESS
Sec. 7. And be it further enabled, That the fol
lowing officers shall, whenever forage is not fur
nifhed 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, fix dollars ; each surgeon, ten dollars;
and each surgeon's mate, fix dollars.
Sec. 8- And be it further enabled, That every
non-commiffioued officer, musician, and private
of the artillery and infantry, shall receive annu
ally, the following articles of uniform clothing,
to wit: one hat, one coat, one vest, two piir of
woolen and two pair of linen overalls, one coarfc
linen frock and trowfers for fatigue,cloathing,
four pair of shoes, four shirts, two pair of socks,
two pair of short flockings, one.blanket, one flock
and elafp, and one pair of half gathers: and the
secretary of war is hereby authorifed to cause co
be furnifhed to the paymasters of the tefpedtive
diftritftg, such surplus of clothing as he may deem
expedient, which clothing shall, under, his direc-.
tion, be furnifhed to the soldiers, when necessary,.
at the contrast prices, and accounted for by
them out of their Arrears of monthly pay.'
Sec. 9. And be it further enabled, That the Pre
sident of the United States cause to be arranged,
the officers, non-commissioned officers, musicians,
and privates of the several corps of troops now
in the service of the United States, in such man
ner as to form and complete, out of the fame,
the corps aforefaid ,and cause the supernumerary
officers, non-commissioned officers, musicians and
privates to be diicharged from the service of the
United States from and after the firft day of A
pril next, or as soon thereafter as circumstances
may permit.
Sec. 10. And be it further enabled, That the offi
cers, non-commissioned officers, musicians and
privates of the said corps, shall be governed by
the rules and articles of war, which have been
established by the United States in .Congress af
fcmbled; or by such rules and articles as may
hereafter, by law, be established; provided nev
erthelcfs, that the sentence of general courts
martial, extending to the loft of life, the difmif
fion of a commissioned officer, or which shall
refpedl the general officer, shall, with the whole
of the proceedings of such cases, refpedively, be
hid before/ the President of the United States,
who is hereby authorifed to direct the fame to
be carried? into execution, or otherwise, 'as he
shall judge proper.
Sec. 11. And be it further enaffed, That the com-,
miffroned'officers, who shall be employed in. the
recruiting service, to keep up by voluntary en^
liftment, the corps as aforefaid, shall be entitled '
to receive for every effective ahlebodted'citizen
of the United States' who shall be duly uplifted
by him for the term of five-years, and mattered,.
of at leaWfive feet fix inches highland between
the ages of 18 and ,5 years, the sum of two dol
lars': Provided neverthdefs, that this regula
tion, so far as refpeds she height-and age of the
recruit, shall not extend to musicians or to those
soldiers who may re-enlist into the service :—
And provided also that no person under the age
of twenty one years shall be enlisted by any offi
cer,or held in the service of the United States,
without the consent of his parent, guardian or
matter, firft .had and obtained, if any he have;
and if any officer fhalj enliff, any person contra
ry to the true intent and meaning of this a&,
for every such offence, he; shall forfeirand pay*
the amount of the bounty:aud- Nothing which
the person so recruited may have received from
the public, to be deducted out .of the p^y and
emoluments of such officer.
Sec. 14. And be it further enaaedjThat ifany offi
cer,ncn-commiffioned officer,mufician or private,
in the corps composing the peace eflablifhment,
shall be disabled by wounds or otherwise, while
in the line of his duty in public fcrvice, he fliall
be placed on the lift of invalids of the U. States,
at such rate of pay, and under such regulations
as may be directed by the President of the Unit
ed States for the time being: Provided always,
that the compensation to be allowed for such
wounds or disabilities, to a commiflioned officer,
flhall not exceed for the higheft'rate of disability
half the monthly pay of such officer, at the time
of his being disabled or wounded ; and that no*
officer shall receive more than the half pay of a
lieutenant-colonel f and that the rate of compen
sation to non-commissioned officers, musicians
and privates, shall not exceed five dollars per
month And provided slfd; that all inferior
disabilities shall entitle the person so disabled to
receive an allowance proportionate to the high
efl disability.
Sec. T 5. And be itfurtber enaaed, That if any
eommiflicned officer in the military peace estab
lishment of the United States, shall, while in the
fervicc of the United States, die, by reafen o(
any wound received in actual fetviec of the U.
States, and leave a widow, or if no widow,a
child or children under sixteen years of age, such
widow, or no widow, such child or children be
entitled to and receive half the monthly pay to
which the deceased was entitled at the time of
his death, for apd during the term of 5 years. —
But in case of the death or intermarriage of such
widow before the expiration of the said term of
5 years, the half pay, for the remainder of the
Sec. 6. And be it farther enabled, That each ra
tion shall consist of one pound and a quarter of
beef, or three quarters of a pound of pork, eigh
teen ounces of bread or flour, one gill of rum,
whifcy or brandy, and at the rate of two quarts
of salt, four quarts of vinegar, four pounds of
soap, and one pound and half of candles, to every
hundred rations.
Sec. 12. And be it further enabled. That there
shall he allowed and paid to each effective able
bodied citizen, recruited as aforefaid, to serve
for the term of 5 years, a bounty of twelve dofo
l^rs ; but the payment of fix dollars of the said
bounty, shall be deferred until he shall be mus
tered and have joined the corps in which he is
to serve..
-Sec. 13. And be it further enaßed, That the
said corps shall be paid in such manner, that the
arrears shall at no time, exceed two months, un
less the cii cumflanccs of .the case shall render it
unavoidable.
See. 20. Andbe it further enabled, That
every officer, non-commissioned officer,
musician and private, shall take and sub
scribe the following oath or affirmation,
to wit: “ I, A. B. do solemnly swear
or affirm (as the case may be) that I
will bear true faith and allegiance to the
U. States of America, and that I will
serve them honestly & faithfully against
their enemies or dppofers, whomsoever ;
and that I will observe and obey the;
orders of the President of the U. States,
and the orders of the officersappolnted
over me, according to the rules and ar
ticles of war."
Sec. 2 1. And be it farther enabled, That
whenever a general court-martial shall
be ordered, the President of the United
States may appoint some fit person to
act as judge advocate, who shall be al--
lowed in addition to his other pay, one
dollar and twenty five cents for every
day he shall be necessarily employed in
the duties of the said court ; and in cases
where the President shall not have made
such appointment, the Brigadier-Gen
erat or the President of the court may
make ihe fame.
• Sec. 22. And be it . further enabled.
That where any commifiioned officer
shall be obliged to incur any extra ex
pencesin travelling and fitting on gen
eral courts martial he shall be allowed
a' reasonable compensation for ftich ex
tra expence actually incurred, not ex
ceeding one dollar and twenty five cents
per day, to officers who are not entitled
Sec. 16. Andt it farther idled, That the pay
matter ihall perform the .Ivies of bjs office, a
greeably to the direction ofyhe President of the
United States, for the time -Suing ; and before
he enters on the doth, of the fame,4hail 'give
bonds, with good and fur*r itrt for,tes, in such
sums as the President shall .4 for the faith
ful difeharge^ ms faTfoffice : and fh.il take an
oath to execute the duties thereof with fidelity:
And it. shall, moreover, be his duty to appoint
Trom the line, with the approbation of the Prp
fiden: of the United States, the.feveral paymaf-\
ters to diftrids and assistants prescribed by this
a&; and he is hereby authorized to require the
said paymasters to diftriQs, and assistants, to en
ter intp bond, with good and fufficieut surety,
for the faithful difeharge of their refpedive
duties.'
Sec. : 17.. Andbe it further enacted, That
it shall be the duty of the military agents
designated by thLa£t, to purchase, re
ceive,, qnd forward to their proper des
tination, all military stores, and other
articles for the troops in theirrefpedive
departments, .and all goods and annui
ties for the Indians, which they may be
directed to purchase, or which shall be
ordered into their care by the depart
ment of war. They shall account with
the department of war, annually, for
all the public property which may pass
through their hands, arid all the monies
which they may expend in difeharge of
the duties of their offices, refpeftively :
previous to their entering on the duties
of their offices, they shall give bonds,
with fufficient sureties, in such sums as
the 'Prefident of the United States shall
dire&, for the faithful difeharge of the
trust reposed in them : and shall take
an oath faithfully to perform the duties
of their refpedive offices.
Sec. 18. And be it further enabled, That
if any non-commissioned officer, musi
cian or private shall desert the service of
the United States, he shall, in addition
to the penalties mentioned in the rules
and articles of war, be liable to serve for
and during such a period, as shall, with
the tirqe he may have served previous
to .his. defection, amount to - the full
term of his enlistment; and such soldier,
shall. and may be tried by a court mar
tial, and punished, although the term of
his enlistment may have ela,fed pre
vious to^hisLeing apprehended or tried.
Sec. 19. Abid be it further enafted, That
every person, who shall procure or en
ticera soldier in the service of the United
States to desert, or who shall purchase
from any soldier, his arms, uniform
clothing, or any part thereof; and eve-'
ry captain, or commanding officer of
any ship or vessel, who shall enter on
board such ship or vessel, as one of his
crew, knowing him to have deserted, or
otherwise carry away any such soldier,
or shall refufe to deliver him up to the
orders pfhis commandihg officer, shall,
upon legal conviction, be fined at the
diferetion of any court having cogniz
ance of the fame, in any sum not ex
ceeding three hundred dollars, or be
imprisoned @ny term not exceeding one
year..-a
.fime, shall go tp the child : rchildren of such
declared officer : Provide,!, always, that such
half pay ihall cease on the eceafe of such child
or children.''-
Sec. 29. And be it farther enacted.
That so much of any aft or a^s, now
in force, as conies within the purview
of this ad, shall be, and the fame is here
by repealed: saving, nevertheless, such
parts thereof, as relate to the enlist
ments or term of Service of any of the
troops, which, by this aft are continued
on the present military establishment of
the United States.
NATHANIEL MACON,
Speaker of the House of Representatives.
AARON BURR,
Vice-Prefs dent of tbe United States,
and Pref lent of tbe Senate.
Approved, March 16, 1802.
TH: JEFFERSON,
President of tbe United States.
The southern papers fay, that some
democrats have observed, if the poor
can't afford bohea tea,with the duty,they
may use balm tea. This is too much like
Ireland, (fays Pat.) where we were told
not to grumble while we were allowed
potatoes I
Sec. 26. And be it further enafted,
That the President of the U. States is^
hereby authorized & empowered, when.
he shall deem it expedient, to organize*,
and eftab@ a corps of engineers, to'
consist of one engineer, with the pay,
rank and emoluments of a major ; two
assistant engineers;, with the^pay, rank
and emoluments of captains ; two other .
assistant engineers, with the pay, rank
and emoluments of firft lieutenants ; —
two other afliftant engineers, ,Ith the
pay, rank and emoluments 01 second
lieutenants ; and ten cadets, with the .
pay of sixteen dollars per month, and
two rations per day : And the Prefi-.
dent of the E States is in like manner
authorized, when he shall deemit pro-'
per, to make such promotions in the
said corps, with a view to particular
merit, and without regard to rank, so•
as not to exceed one colonel, one lieu
tenant colonel, two majors; four cap
tains, four firft lieutenants, four second
lieutenants, and so is that the number
of the whole corps .hall, at no time, ex
ceed twenty officers and cadets.
Sec. 27. And be it farther enabled,
That the said corps, when so organized,
shall be Rationed at Weft-Point, in the
state of New-York, and shall constitute
a military academy ; ind the engineers,
assistant engineers, and cadets, of the
said corps, shall be fubje&, at all times,
to do duty in such places, and on such
service, as the President of the United
States shall dired. -*
Sec. 28. And be it further enafied,
That the principal engineer, and in his
absence, the next in rank, shall have the
fuperintendar.ee of the said military a
cademy, under the direction of the Pre
sident of the United States : And the
secretary of war is hereby authorized,
at the public expence, under such regu
lations as shall be directed by the Presi
dent of the United States, to procure
the necessary books, implements and
apparatus for the use and benefit of the
said institution.
Sec. 25. And be it further enafled,
That to each commissioned officer who
shall be' deranged by virtue of this a<%
there shall be allowed and paid, in ad
dition to the pay and emoluments to
which they will -be entitled-by law, at
the time of their difeharge—to each of
ficer whose term of service in any mili
tary corps of the U. States Shall not
have exceeded three years, 3 months
pay ; to all other officers so deranged,
one month's pay of their grades, .respec
tively, for each year of part service in
the army of the United States, or in any
regiment or corps now or formerly in
the service thereof. " --
- -Sec. 24. And be it farther enabled,
That whenever any officer or soldier
shall be difeharged from the service,
except byway of punishment for an,
offence, he shall be allowed his pay and
rations, or an equivalent irr money,
for such term of time as shall be fuffi
cieqt'for him to travel from the place
of difeharge to the place of his residence,
computing at the rate of twenty miles
to a day.
to forage, and not exceeding one doll t
per day to such as shall be entitled to
forage.
Sec. 23. And by it further enafted,
That no non-commissioned officer, mu
ficiari Jr private shall be arrested, or
fubje& to arrest, or to be taken in exe
cution for any debt under the sum of
twenty dollars, contracted before enlist
ment, dor forany debt contracted after
enlistment.
Advertiser.
Saturday, Morning, by WILLIAM TREADWELL, &C^
PRICE x DOLLAR 50 CENTS Per Annum. [No. 35-
r ^ADVERTISEMENTS reasonably 'A conspicuously inserted—COMMU^
< NICATIONS duly attended to—and every FAVOR THANKFULLY
I ACKNOWLEDGED.
FEDERAL GOVERNMENT, FOURTEENTH YEAR.
®O€<C ana
The committee deem it Efficient to
Gate here that all public monies are
drawn from the Treasury in virtue of
warrants signed by the Secretary of
the Treasury and countersigned by the
comptroller, and are paid to the officers
or agents, to whom the fame are duty
or who are entrusted with their appli
cation*; or. when relating to the war
or navy departments, they are placed.
in the hands of the Treasurer as agent
for those departments who disburses.
them on. warrants drawn by the Secre
tary of ahe department and counters
signed by the refpedive accountants. ''
For the general conftrudion hereto
fore given by the Treasury department
to the various appropriation laws, the'
committee refer to the communication
madcap then! by the Secretary of the
Treasury on the second of March, and
more particularly for the conftru&ion
given to the annual appropriations for
the support of the navy and army re
fpedively, they refer to a report made
by the late Secretary of the Treasury
on the day of May, 1796, to*
the committee of ways and means .
From both of these it appears that the
appropriations for the army and navy
refpedively, have been considered as
constituting but one general fund for
each,of these obje&s, although in most
of the laws making appropriations f'
variety of heads of expenditure were
diftindly fpecified. If the general con
ftrudion be correct, it may perhaps be
said that in most instances monies have
been drawn from the Treasury in the
manner prescribed by law. Some ir
regularities are dated to have occurred
where monies have been advanced up
on the simple application of the Secre
tary of the Treasury by letter, without
the formality of a- warrant, and some
times even without a previous appro
priation, but in these cases the irregu
larity has been afterwards covered by
subsequent warrants and appropriations
and the committee do not discover that
it, has been productive of any injurious
consequences to the United States^ The
Secretary of the Treasury, in* his com
munication of the second of Match,
having exprefled a doubt whether the
monies advanced on account of the re
moval of the feat of government from
Philadelphia to Washington, had teen
authorifed by any prev ous law, .the
committee, directed their attention to
that object, and nowoffer the result.
The law eftabhihing the permanent
and temporary, feat pf, foyeaiment
(pa/fed on the 16th dfJunie, 1795) pro
vided, " that all offices attached to the
feat of government ihould be removed
to this difyid on the fird day of De
cember, 1800, by their refpe&ive hold
ers," and declared that the nece&ry
expense of such removal should be de
frayed out of the duties on import and
tonnage. This appropriation is indefi
nite in its nature and perhapslome con
trariety of opinion may.ex ft as to the
extent of the expense it was intended
to cover.; but the committee conceive
that/a ftrie,adh,crice to the letter of
th,4 la% would cogfoifi the appropria
. tian ,to.the cwcnfe&iaT^ incurred
in removing^ books, papers, records
and furniture of the respective offices.
From the document (marked G)
THE Committee appointed "to enquire
and report nvbether atonies drawn from
the Treafary have been faithfully applied
to the objects for which they were appro
priated, and whether the fame have been
regularly accounted for ;farid t? report
likewise whether any further arrange
ineitts are necessary to promote economy,
enforce adherence to legi/lative refric
tions, and secure the accountability of
persons entrusted with public money sub
mit the following Report.
IN order to ascertain generally in
what manner, & under what checks
monies were drawn from the Tregfur,
of th; United States, and were after
wards expended and accounted for, the
committee applied to the Secretary of
the Treasury dating the several objects
to which they intended to direct their
enquiry ; his answers, under date of
the second of March, and the riinth of
April, are annexed to this report ; to
which as well as tp the ilatements of'
the accountants of the war and navy
departments, on the fame fubje&, they
beg leave to refer. ,-
Mmifterial Per/ecutiok !
REPORT !