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one thousand two hundred and sixteen non-commissioned officers, privates, and musicians, shall be raised for the service of the United States for the period of three years, unless they should previously by law be discharged.

Sec. 2. And be it further enacted, That the non-commissioned officers and privates aforesaid, shall, at the time of their enlistments, respectively, be able-bodied men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of forty-six years.

Sec. 3. And be it further enacted, That the commissioned officers hereinafter mentioned, and the said non-commissioned officers, privates, and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one battalion of artillery. The regiment of infantry to be composed of one lieutenant colonel commandant, three majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon's mates, and twelve companies, each of which shall consist of one captain, one lieutenant, one ensign, four sergeants, four corporals, sixty-six privates, and two musicians. The battalion of artillery shall be composed of one major commandant, one adjutant, one quartermaster, one paymaster, one surgeon's mate, and four companies; each of which shall consist of one captain, two lieutenants, four sergeants, four corporals, sixty-six privates, and two musicians.

Sec. 11. And be it further enacted, That if any commissioned officer, non-commissioned officer, private, or musician, aforesaid, shall be wounded or disabled, while in the line of his duty in public service, he shall be placed on the list of the invalids of the United States, at such rate of pay and under such regulations as shall be directed by the President of the United States, for the time being: Provided, always, That the rate of compensation for such wounds or disabilities shall never exceed, for the highest disability, half the monthly pay received by any commissioned officer at the time of being so wounded or disabled; and that the rate of compensation to non-commissioned officers, privates, and musicians, shall never exceed five dollars per month: And provided, also, That all inferior disabilities shall entitle the person so disabled to receive only a sum in proportion to the highest disability.

Sec. 12. And be it further enacted, That every commissioned officer, non-commissioned officer, private, and musician, aforesaid, shall take and subscribe the following oath or affirmation, to wit: "I, A. B., do solemnly swear or affirm (as the case may be) to bear true allegiance to the United States of America, and to serve them honestly and faithfully, against all their enemies or opposers whomsoever, and to observe and obey the orders of the President of the United States of America, and the orders of the officers appointed over me, according to the articles of war."

[ 3.]

[Laws of the U. S. vol. 2, page 113.]

CHAP. 54. An act further to provide for the payment of the invalid pensioners of the United States.*

Military pensions to be paid from 4th March, 1790, for one year.

APPROVED, JULY 16, 1790.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the military pensions which have been granted and paid by the States, respectively, in pursuance of former acts of the United States in Congress assembled, and such as, by acts passed in the present session of Congress, are, or shall be, declared to be due to invalids who were wounded and disabled during the late war, shall be continued and paid by the United States, from the fourth day of March last, for the space of one year, under such regulations as the President of the United States may direct.

[ 4.]

[Laws of the U. S., vol. 2, page 182.]

CHAP. 71. An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons.

1. Names of persons to whom pensions are allowed. 2. Three hundred forty-eight dollars fifty-seven cents, and pension, allowed to Caleb Brewster. 3. Pension allowed to Nathaniel Gove. 4. Commissioner of army accounts to settle pay, &c., of the persons herein named. 5. The pensions to be paid according to laws made, or that hereafter may be made. 6. Allowance to Seth Harding.

APPROVED, AUGUST 11, 1790.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Stephen Califfe, Jeremiah Ryan, Joseph M'Gibbon, Samuel Garretson, Ephraim M'Coy, Christian Khun, David Steele, Joseph Shuttlief, and David Culver, disabled soldiers, lately in the service of the United States, be allowed pensions, at the rate of five dollars per month, from the time their pay in the army, respectively, ceased. That Christian Wolfe, a disabled soldier, be allowed a pension, at the rate of four dollars per month, from the date of his discharge. That Edward Scott, a disabled soldier, be allowed a pension, at the rate of three dollars per month, from the date of his discharge. That David Weaver and George Schell, disabled soldiers, be, each, allowed a pension, at the rate of two dollars per month, from the date of their respective discharges. That Seth Boardman, a disabled soldier, be allowed a pension, at the rate of three dollars and one third of a dollar per month, from the seventeenth day of March, one thousand seven

* Supplied by act of 3d March, 1791; sec. 2, chap. 98, post.

hundred and eighty-six. That Severinus Koch, a disabled captain of colonel Jacob Klock's regiment of New York militia, be allowed a pension, at the rate of five dollars per month, from the twentieth day of August, one thousand seven hundred and seventy-seven. That John Younglove, a disabled major, of colonel Lewis Van Woort's regiment of New York militia, be allowed a pension, at the rate of six dollars per month, from the thirtieth day of July, one thousand seven hundred and eighty-one. That William White, a disabled private, of colonel Williams's regiment of New York militia, be allowed a pension, at the rate of three dollars and one third of a dollar per month, from the first day of April, one thousand seven hundred and eighty-six. That Jacob Newkerk, a disabled soldier, of colonel John Harper's regiment of New York State troops, be allowed a pension, at the rate of three dollars per month, from the twenty-second day of October, one thousand seven hundred and eighty. That David Pole, a disabled seamen, lately in the service of the United States, be allowed a pension of five dollars per month, to commence on the fifth of March, one thousand seven hundred and eighty-nine.

Sec. 2. And be it further enacted, That Caleb Brewster, lately a lieutenant, who was wounded and disabled in the service of the United States, be allowed three hundred forty-eight dollars and fifty-seven cents, the amount of his necessary expenses, for sustenance and medical assistance, while dangerously ill of his wounds, including the interest, to the first of July, one thousand seven hundred and ninety. And that the said Brewster be allowed a pension equal to his half pay as lieutenant, from the third of November, one thousand seven hundred and eighty-three, he first having returned his commutation of half pay.

Sec. 3. And be it further enacted, That Nathaniel Gove, a disabled lieutenant, lately in the service of the United States, be allowed a pension, at the rate of six dollars and two-thirds of a dollar per month, from the twentieth of May, one thousand seven hundred and seventy-eight, to the first day of July, one thousand seven hundred and eighty-six, and that he be allowed at the rate of thirteen dollars and one-third of a dollar per month, from the said first day of July, one thousand seven hundred and eighty-six. Sec. 4. And be it further enacted, That the commissioner of army accounts be authorized and directed to settle, the pay, and depreciation of pay, of John Stevens, a hostage in the late war, at the capitulation of the Cedars, as a captain in the line of the army, and that he issue certificates accordingly. That he also issue a certificate to Charles Markley, lately a captain in Armand's corps, for the commutation of his half pay. That he also settle the accounts of James Derry and Benjamin Hardison, who were made prisoners in Canada, in May, one thousand seven hundred and seventy-six, and forcibly detained in captivity among the Indians, and that he issue certificates for the balance of their pay,

respectively, to the third of November, one thousand seven hundred and eighty-three.

Sec. 5. And be it further enacted, That the several pensions mentioned in this act, due, or to become due, from the fifth of March, one thousand seven hundred and eighty-nine, shall be paid, according to such laws as have been made, or shall be made, relative to invalid pensioners: And that the arrears* of the said pensions, due before the said fifth day of March, one thousand seven hundred and eighty-nine, shall be paid in such manner as Congress may hereafter provide for paying the arrears of pen

sions.

Sec. 6. And be it further enacted, That there shall be allowed to Seth Harding, for three months and ten days' service, on board the Alliance frigate, during the late war, at the rate of sixty dollars per month, being the pay of a captain, to be paid out of the moneys arising from imposts and tonnage.

[5.]

[Laws of the U. S., vol. 2, page 184.]

CHAP. 72. An act for the relief of the persons therein mentioned or described. 1. Register of the Treasury to grant a certificate to Lady Stirling, for a sum equal to an annuity for seven years' half pay of a major general. 2. Register of the Treasury to grant a certificate to Frances E. Laurens, for a sum equal to an annuity for seven years' half pay of a lieutenant colonel: Arrears of pensions. 3. Register of the TreaBury to issue certificates for arrears of pensions: Certificates to pass to heirs, &c. 4 Register of the Treasury to grant certificates to widows and orphans of officers and soldiers entitled to pensions.

APPROVED, AUGUST 11, 1790.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Register of the Treasury shall, and is hereby required to, grant, unto Sarah, the widow of the late major general Earl of Stirlingwho died in the service of the United States, a certificate to entif tle her to a sum equal to an annuity for seven years' half pay ot a major general, to commence as from the fourteenth day of January, one thousand seven hundred and eighty-three, in conformity to the act of the late Congress, passed on the twenty-fourth day of August, one thousand seven hundred and eighty;† the amount for which the said certificate is to be granted, to be ascertained by the Secretary of the Treasury, and on similar principles as other debts of the United States are liquidated and certified.

Sec. 2. And be it further enacted, That the said register shall grant unto Frances Eleanor Laurens, the orphan daughter of the late lieutenant colonel John Laurens, who was killed whilst in

Arrears of pensions, &c. See act of August 11, 1790, post. sec. 3, chap. 72; and act of March 23, 1792, chap. 112, post.

†See resolution of that date-ante.

the service of the United States, a certificate to entitle her to a sum equal to an annuity for seven years' half pay of a lieutenant colonel, to commence as from the twenty-fifth day of August, one thousand seven hundred and eighty-two, according to the act of the late Congress, of the twenty-fourth day of August, one thousand seven hundred and eighty;* the amount for which the said certificate is to be granted, to be ascertained by the Secretary of the Treasury in manner aforesaid.

And whereas no provision hath heretofore been made for discharging the arrears of pensions due to officers, non-commissioned officers, and soldiers, who were wounded and disabled whilst in the service of the United States: Therefore,

Sec. 3. Be it further enacted, That each of the officers, noncommissioned officers, and soldiers, who were so wounded and disabled, and who are now placed on the books in the office of the Secretary of the department of war, as a pensioner or to be so placed in conformity to any law of this Congress shall receive from the Register of the Treasury, who is hereby required to grant the same, a certificate, to be liquidated and settled in such manner as the Secretary of the Treasury shall direct, for a sum equal to the pension annually due to him, to commence from the time he became entitled thereto, or from the time to which the same had been paid, as the case may be, which shall be ascertained and certified by the said Secretary for the department of war, and which annuity shall be liquidated to the fourth day of March, one thousand seven hundred and eighty-nine, from which day the United States have assumed the payment of the pensions certified by the several States. And in case of the death of any person so entitled, the certificate shall pass to his heirs or legal representative or representatives.

Sec. 4. And be it further enacted, That the widow or orphan of each officer, non-commissioned officer, or soldier, who was killed or died whilst in the service of the United States, and who is now placed on the books in the office of the said Secretary as entitled to a pension, by virtue of any act of the said late Congress, or any law of this Congress, and for whom provision has not been made by any State, and to whom any arrears of such pension are due, and which have arisen prior to the said fourth day of March, one thousand seven hundred and eighty-nine, shall receive a certificate therefor, in like manner, and on the same principles, as certificates are by this act directed to be given to officers, noncommissioned officers, and soldiers, who were wounded or disabled as aforesaid.

See resolution of that date-ante.

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