make appoint of the Senate. appoint all the regimental officers proper to be appointed under ments in the recess this act, and likewise to make appointments to fill any vacancies in the army, which may have happened during the present session of the Senate. Inspector of artillery to be appointed, &c. SEC. 9. And be it further enacted, That there shall be appointed an inspector of the artillery, taken from the line of artillerists and engineers, who shall be allowed thirty dollars per month, in addition to his pay in the line, and four rations of provisions for his daily subsistence; and, whenever forage shall not be furnished by the public, he shall be allowed ten dollars per month instead thereof. [Approved, July 16, 1798.] Purchases & contracts to be made CHAPTER 38. An act to alter and amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments.. [EXTRACT.] SEC. 3. And be it further enacted, That all purchases, and by the secretaries contracts for supplies or services for the military and naval serof war, and navy vice of the United States, shall be made by or under the direcdepartments, and the accounts to be tion of the chief officers of the departments of war and the accountants there- navy, respectively, and all agents or contractors for supplies or settled with the of. Purveyor of pub lic supplies to exe services as aforesaid, shall render their accounts for settlement to the accountant of the proper department for which such supplies or services are required; subject, nevertheless, to the inspection and revision of the officers of the Treasury in manner before prescribed. the secretary of may, SEC. 4. And be it further enacted, That it shall be the duty cute orders from of the purveyor of public supplies,* to execute all such orders from time to time, receive from the secretary of war or secretary of the navy, relative to the procuring and providing of all kinds of stores and supplies; and shall render his accounts relative thereto, to the accountants of the proper departments, which accounts shall be subject to the inspection and revision of the officers of the treasury as aforesaid. Provisions of the acts mentioned, &c. SEC. 5. And be it further enacted, That the provisions of the repealed, so far, act, passed on the eighth day of May, one thousand seven hundred and ninety-two, entitled "An act making alterations in the treasury and war departments," and the act passed on the twenty-third day of February, one thousand seven hundred and ninety-five, entitled "An act to establish the office of purveyor of public supplies," so far as the same are repugnant to the provisions of this act, be, and the same are hereby, repealed. Contracts under SEC. 6. And be it further enacted, That all contracts to be * The office of purveyor abolished, by act of 23th March, 1812-See chap. 68, sec. 9. †See chap. 16. + See chap. 23: as require an ad in the comptrol made by virtue of this act, or of any law of the United States, this act, &c. such and requiring the advance of money, or to be in any manner vance of money, connected with the settlement of public accounts, shall be de- &c. to be lodged posited in the office of the comptroller of the treasury of the ler's office within United States, within ninety days after their dates, respectively. [Approved, July 16, 1798.] 90 days. CHAPTER 39. An act to regulate the Medical Establishment.* medical establish SEC. 1. Be it enacted by the Senate and House of Represen- Officers in the tatives of the United States of America, in Congress assembled, ment of the That in the medical establishment of the United States, there United States, shall be the following officers; A physician general, who shall be charged with the superintendence and direction of all military hospitals, and, generally, of all medical and chirurgical practice or service concerning the army or navy of the United States, and of all persons who shall be employed in and about the same, in camps, garrisons, and hospitals. An apothecarygeneral, and one or more deputies, who shall be charged with the safe keeping and delivery of all medicines, instruments, dressings, and other articles, for the use of the hospital and army. A purveyor, who shall be charged with providing medicines, stores, and whatsoever else may be necessary in relation to the said practice or service. A competent number of hospital surgeons, who shall be liable to serve in the field, and who shall have the immediate charge and direction of such military hospitals as may be committed to their care, respectively. A suitable number of hospital mates, who are to observe the directions of the hospital surgeons, and shall diligently perform all reasonable duties required of them for the recovery of the sick and wounded. hospital to have SEC. 2. And be it further enacted, That each military hos- Each military pital shall have a steward, with a competent number of nurses, a steward, &c. and other attendants; which steward shall be charged with the procuring of such supplies as may not otherwise be furnished, and with the safe keeping and issuing of all supplies. SEC. 3. And be it further enacted, That the said physician- Physician-genegeneral, hospital-surgeons, purveyor, and apothecary and apothe- ral, &c. to be apcaries, deputy or deputies, shall be appointed as other officers of officers, &c. the United States: that the said mates and stewards shall be ap- Mates, and stewpointed by the authority, and at the direction, of the said phy-ed by the physisician-general, subject to the eventual approbation and control of cian-general, &c. the President of the United States, and shall be removable by * Repealed and supplied by act of the 16th March, 1802—see chapter 49, sections 3 and 29. ards to be appoint &c. Hospital surgeons the authority of the said physician-general; and that the surto appoint nurses, geon of each hospital shall appoint, employ, and fix the compensations of, the nurses and other attendants of such hospital, subject to the control of the said physician-general, or the hospitalsurgeon, of senior appointment, with a separate army, or in a separate district.. Regimental surgeons, &c. with general, to attend &c. SEC. 4. And be it further enacted, That as often as the rethe consent of the gimental sick will not suffer by the employing of the regimental in the hospitals, surgeons or mates in the temporary or other hospitals of the United States, the physician-general, or the hospital-surgeon, of senior appointment, with a separate army, or in a separate district, with the consent of the general and commander-in-chief, or the officer commanding a separate army, may require the attendance of such surgeons, or surgeon's mates, as, in his opinion, can be with safety so withdrawn from their regiments. The physician general, &c. to SEC. 5. And be it further enacted, That it shall be the frame directions duty of the physician-general, with two or more hospital surmission of patients geons, to frame a system of directions relative to the description into hospitals, &c. of patients to be admitted into the hospitals; to the means of relative to the ad promoting cleanliness in the hospitals; to the prevention of idleness, skulking, and gambling, in the hospitals; to the prevention of the spread of infectious distempers in the camps and hospitals, and the government of nurses, and all others charged with the care of the sick in camps or hospitals, subject, in the first instance, to the approbation and revision of the commander-in-chief, the commander of a separate army, or in a separate district, as the case may be, and, eventually, to the approbation and control of the President of the United States: Proviso; the di- Provided always, That the said directions, having received sanctioned, &c. the sanction of the commander-in-chief, or the commander of to be operative, a separate army, shall be operative, and remain in full force, unless altered or annulled by the President of the United States. rections being unless, &c. Compensation and allowance for fo several officers mentioned. SEC. 6. And be it further enacted, That the compensations rage, &c. to the of the said several officers shall be as follows: of the physiciangeneral, one hundred dollars pay per month, and fifty dollars per month, which shall be in full compensation for forage, rations, and travelling expenses: of the purveyor, one hundred dollars pay per month, in full compensation for his services, and all expenses of the apothecary-general, eighty dollars pay per month, and thirty dollars per month, in full compensation for forage, rations, and all expenses: of each of his deputies, fifty dollars pay per month, and sixteen dollars per month, in full compensation for forage, rations, and all expenses of each hospital surgeon, eighty dollars pay per month, and forty dollars per month, in full compensation for forage, rations, and all expenses of each mate, thirty dollars pay per month, and twenty dollars per month, in full compensation for forage, rations, and all expenses: of each steward, twenty-five dollars pay per month, and eight dollars per month, in full compensa : the officers enti tion for forage, rations, and all expenses: Provided, That none Proviso; none of of the officers aforesaid, shall be entitled to any part of the pay led to pay, &c. or emoluments aforesaid, until they shall, respectively, be called until called into into actual service. actual service. permanent hos SEC. 7. And be it further enacted, That, for the accommo- Temporary and dation of the sick of the army and navy of the United States, pitals may be the physician-general, and hospital surgeon of senior appoint- provided, &c. ment, with the approbation of the general commanding the army within the district where he shall be, shall have power to provide temporary hospitals; and the physician-general, with the approbation of the President of the United States, shall have power to provide and establish permanent hospitals. the medical es and regulations ment and dis SEC. 8. And be it further enacted, That all the said officers, The officers of and others, shall, as touching their several offices and duties, be tablishment to be liable to the rules and regulations for the government and dis- liable to the rules cipline of the army; and shall be bound to obey, in conformity for the governwith law and the usages and customs of armies, the orders and cipline of the directions of the chief military officers of the respective armies, and within the respective districts in which they shall respectively serve and be. army, &c. SEC. 9. And be it further enacted, That the physician-gen- The physicianeral, or, in his absence, the senior medical officer, with the ap- call a medical probation of the commander-in-chief, or commanding officer of board, &c. a separate army, be, and hereby is, authorized and empowered, as often as may be judged necessary, to call a medical board, which shall consist of the three senior medical officers, then present, whose duty it shall be to examine all candidates for employment or promotion in the hospital department, and certify to the secretary of war the qualifications of each. [Approved, March 2, 1799.] CHAPTER 40. An act giving eventual authority to the President of the United States to augment the army.* or danger of in tional military SEC. 1. Be it enacted by the Senate and House of Represen- In case of war, tatives of the United States of America, in Congress assembled, vasion, an addiThat it shall be lawful for the President of the United States, force may be in case war shall break out between the United States and a raised. 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, twentyfour 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 * The 1st and 2d sections of this act expired by the operation of the 11th section; the powers thereby conferred, not having been continued for a longer time. The President, with the advice of the Senate, or alone, authorized to appoint and commission offi cers, &c. Proviso: general and field officers to be submitted to the Senate at the next meeting, &c. The office rs, non ⚫ commissioned same pay, cloth 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. 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. SEC. 3. And be it further enacted, That the officers, nonofficers, privates, commissioned officers, and privates, of the troops, which may &c. entitled to the be organized and raised pursuant to this act, shall be entitled to ing, rations, &c. the like pay, clothing, rations, forage, and other emoluments, and &c. subject to the to the like compensation in case of disability by wounds, or rules and articles otherwise, incurred in the service, as the officers, non-commisof war, &c. sioned officers, and privates, of other troops of correspondent as other troops, denominations, composing the army of the United States; and, with them, shall be subject to the rules and articles of war, and to all other regulations for the discipline and government of the Proviso; none but army. Provided, That no officer, except captains and subalrecrudes, terns who may be employed in the recruiting service, shall be until called into entitled to any pay or other emolument until he shall be called into actual service. recruiting officers entitled to pay, actual service. The laws of the tary establishment raised by this act; except, &c. SEC. 4. And be it further enacted, That the laws of the specting the mili- United States respecting the regulations and emoluments of reapplicable to the cruiting officers, punishment of persons who shall procure or troops, &c. to be entice a soldier to desert, or shall purchase his arms, uniform, clothing, or any 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 the whole,or any part, SEC. 5. And be it further eriacted, That it shall be lawful for the President of the United States, at his discretion, to disof the troops rais- charge the whole or any part, of the troops which may be raised at discretion. by virtue of this act, whensoever he shall think fit. ed under this act |