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PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENXO, No. 41, BROAD-STREET, NEAR THE EXCHANGE, NEW-YORK
[No. 8, of Vol. ll.] *
CONGRESS OF THE UNITED STATES ;
AT THE SECOND SESSION,
Begun and held at the city of New York, on Monday the fourth
of January, one thousand seven hundred and ninety.
An ACT for regulating the Military Eftabljfhment
of the United States.
BE it enaSled by the Senile and House of Representatives of the Uni
ted States of America in Congress ajfembled, That the commissi
oned officers herein after mentioned, and the number of one thou
sand two hundred and sixteen non-commissioned officers, privates
and musicians, (hall be raised for the service of the United States,
for the period of three years, unless they (hould previously by law
be discharged.
And be it further enaSed, That the non-commissioned officers and
privates aforefaid, (hall, at the time of their inliitmtnts rcfpeaive-
Iv, be able bodied men, not under five feet fix inches in height
■without (hoes, nor under the age of eighteen, nor above the age
of forty-fix years. b
And be it further enacted, That the commissioned officers herein
after mentioned, and the said ron-commissioned officers, privates
and musicians, (hall be formed into one regiment of infantry, to
consist of three batta!lions,and one battallion of artillery. The re
giment of infantry to be composed of one Lieutenant Colonel
Commandant, three Majors, three Adjutants, three Quarter Maf
tcrs, one Paymaster, one Surgeon, two Surgeon's Mates, and twelve
companies, each of which will conlift of one Captain, one Lieute
nant, one Ensign, four Serjeants, four Corporals, sixty-six privates
and two Musicians. The battalion of Artillery (hall be composed
of one Major Commandant, one Adjutant, one Quarter Matter,
one Pay Master, one Surgeon's Mare, and four companies, each of
•which (hall confifl ofoneCaptain, two Lieutenants, four Serjeants,
four Corporals, sixty fix privates and two Musicians. Provided al
ways, that the Adjutants, Quarter Matters, and Pay Mailers (hall
be appointed from the line of fufcalternsof the aforefaid corps cef
...
Ana te it further enafled, That the Prelident of the United States
may from time to time appoint one or two Infpe&ors, as to him
(hall seem meet, to infpeft the said Iroops. who (hall also muster
the fame, and each of whom (hall receive the like pay and <übfilt
ence as a Captain, and be allowed ten dollars per month for for
»g<\
And be it further enafled, That the troops aforefaid (hall receive
for their services, the following enumerated monthly rates of pay,
Lieutenant Colonel Command, int, sixty dollars : 'Major Com
mandant of Artillery, forty five dollars : Majors, fort) dollars :
Captains thirty dollars : Lieutenants, twenty two dollars : En
ligns, eighteen dolln't : Surgeons, thirty dollars : Surgeon's Mates,
twenty tour dollars : Serjeants, five dollai : Corporals,four dol-
Jars : Privates three dollars: feniof Musician, in each battalion
of infantry, and in the battalion of artillery, five dollars : Mu
sicians, three dollars. Provided altvays, that the sums her in after
Ipecified (hall be deduftcd from ihe pay of the nou-commiffioneti
officers, privates and musicians, stipulated as aforefaid, for the pur
poses ot forming a fund for clothing and hospital stores. From
the monthly pay of each Serjeant and senior Musician, there shall
be deducted for uniform clothing, the sum of one dollar and forty
cents, and the farther sum of ten cents for hospital stores; ind
from the monthly pay of each Corporal, for uniform clothing , e
dollar and fifteen cents, and the farther sum often cents for hos
pital stores ; and from the monthly pay of each Private and Mu
lician, for uniform clothing, the sum ot ninety cents, and the far
tner sum of ten cents for hospital stores.
And be it further enafled, That the subalterns who may be ap
pointed to a« as adjutants, shall each receive for the fame, in ad
dition to their regimental pay, ten dollars per month,and quarter
and paV-maften so appointed each five dollars per month.
f a n! 1-1 That the commissioned officers afore
ißid shall receive lor their daily subsistence, the following number
ot rations of provisions, to wit, lieutenant-colonel commandant,
; a ™ a J or > four ; a captain three ; a lieutenant, two ;an ensign,
two ; a surgeon, three ; a surgeon's mate, two, or money in lieu
ereor, at the option of the said officers, at the contra# price at
rr 'P caivel y the rations (hall becomc due.
nd be it further enafled, That the comniiflioned officers herein
atter dcfcribed shall rcccive monthly the following enumerated
ums, loltrad of for age : Lrtutenaitt Colonels Commandanttwelve
oars : major commandant of artillery, majors and surgeon each
ten dollars, furgeon's-mates each fix dollars.
And be it further enafled. That every non-commissioned officer
private and musician, aforefaid shall receive annually the follow
ing articles of uniform clothing : one hat or helmet, one coat, one
rv. tW ° a ' r w ' t)o^en » a,, d two pair of linen overalls, four pair
of fhocs, four (hirts, two pair of socks, one blanket, one stock and
clasp, and one pair of buckles.
And be it further evalled, That every non-commissioned officer,
private and musician aforefaid (hall receive daily the following
rations of provisions, or ttie value thereof : One pound of beef or
three quarteis of a pound of pork, one pound of bread or flour,
half a gill of rum, or brandy, or whilkey, or the value thereof at
the contrast price where the fame (hall became due, and at the
rate of one quart bf fait, two quarts of vinegar, two pounds of soap
and one pound of candles to everv hundred rations.
- nd be it further enafled. That if any commissioned officer, non
!r J"*?* 1 ? nc private or musician aforefaid, (hall be wounded or
a fd while in the line of his duty in public service, he (hall be
P ace on the lift of the invalids of the United States, at such rate
* ' pay, and under such regulations as (hall be dire&ed by the Pre
u ent o the United States for the time being : Provided always,
u * C ratC ° , com P for such wounds or disabilities,
lhall never exceed for the highest disability, half the monthly pay
received by any commissioned officer, at the time of being so
pounded or disabled ; and that the rate of compensation to non
comnjimoned officers privates and musicians, (hall never exceed
SATURDAY, MAT 8, 1790.
Eve: dollar. per month : And provided a/so, That all inferior dis
abilities (hall intitlcthe pcrlo. , so disabled to receive only a sum
in proportion to the highest [..(ability.
And ieitfurther emu! cd, 'i'| . every commiflioned officer, non
commissioned officer, private , ,d muficiao aforefaid, (ball take
and fubfenbe the following oj;h or affirmation, to wit: " I A
*do swear or ath, (as the cafe may be) to bear true
allegiance to the United State oi America, and to serve them ho
neltly and -aithfully against . their enemies or oppofers whom
-I°eVC r; a " a to ° bfcrvc <y the .iders of the Prcfident of the
Lmtcd States of Amend, i ;c orders of the officers appointed
over me, accordi ig to t .• ,t war."
And uit f-j'iis i li, i -at the commiflioned officers, non
commmioned officers, private* and muticians aforefaid, ffiall be
(jo-'crntd by the rules and a> t tlcs of war, which have been eilab
hlhed by the United States in Congress aircmblcd.as far as the fame
may be applicable to the Conltitution of the United States, or by
luch rules and articles as in. v icreatter by hw be established
And be It further enaded, That the "Ast for recogmzmg and
adapting to the Constitution of the United Sta es, the ertablifhment
of the troops raised under the resolves of tht United States in Con
grels aUembled,and for other purpofts therein mentioned," pafled
the twenty-ninth day of Sep: mber, one thousand (even hundred
and eighty-nine, be, and the f.'nie is hereby repealed.
Provided always, That the non-commiflioned officers and pri
vate, continued and engaged under the aforefaid ast of the twen
ty-ninth day of September, one thousand, fiven hundred and
eighty-nine, and who ffiall decline to re-inlift under the ellabliffi
ment made by this ast, ffiall be discharged whenever the Presi
dent of the United States ffiall direst the fame. Providedfurther,
That the whole number oi non-commiilioned officers, privates
and muhcians, in the service of the United States at any one fime,
either by virtue of this ast, or by virtue of the aforefaid ast, patted
the twenty-ninth day of September, one thousand seven hundred
and eighty-nine, ffiall not exceed the number of one thousand two
hundred and sixteen.
And be it further entiled, That for the purpose of aiding the
troops now in service, or to be raised by this ast, in protecting
th-_- inhabitants of the frontiers of the United States, the President
is hereby authorized to call into service from time to time luch
part of the militia of the States refpeftively, as he may ne
cessary for the purposes aforefaid ; and that their pay and fublift
ence while in service, be the i.m; as the pay and subsistence ot the
troops above-mentioned, and they Ihall be fubjeft to the rules and
articles of war
FREDERICK AUGUSTUS MUHLENBERG,
Speaker oj the House of Representatives.
JOHN' ADAMS, I' ice-Prejident oj the United States.
and Prejident of the Senate.
Approvfd, April the thirtieth 1700
GEORG* WASHINGTON, Pref, dent of the United States.
(True Copv)
THOMA> JEFFERSON, Seer, tan of State.
CONGRESS.
HOUSE OF REPRESENTATIVES.
THURSDAY, APRIL 1, 1790.
The proportion for ajfuming the Stitc debts under confiJeration.
MR. Hartley. I am.asat present informed,
for the afluitipt ion, but under certain terms,
or diftin&ions ; and in this ltage of the bufinel's I
wilh to explain niyfelf in a few words.
J he thirteen colonies (now states) united in a
common defence, and afierwards declared them
selves independent and sovereign states. Quotal
were fixed for each ft;ur, by different refclutioi.s
of Congress, and which they ought to have paid :
but when, fiom the feats of war, one or more
states may have been obliged to expend more
than such quotas in the common cause, certainly
the other ltares became debtors for so much.
The war was carried on very unequally, rag
ing with mote violence in some parts of the Uni
ted States than in others ; and of course foine
states may have experienced more misery and
diitrels than others, aud have been forced to
greater exertions. South-Carolina has some me
rit : She has incurred a large debt. The inhabi
tants of Pennsylvania have been taxed deep, for
many years, to fink hei ffiare of the national debt :
Nay, the exertions of that state, in the two lafi
years of the war, were so great as to furnifh the
inoft efficient means for the fupportofit. Her
citizens have been fmce diftrefled with taxes: I
wilh, if pofuble, to give them relief.
Quotas, as 1 have laid, were fixed upon the
several states. Those quotas, which were per
haps as just as dny that could be deviled, fhouid
be regarded ; and, where the requisitions were
not complied with, the delinquent states are debt
ors and would be charged. The accounts ffiould
be balanced, and due credit be given to the cre
ditor states ; and a plan such as offered by the
Secretary in his firft report, or some other one,
might be adopted to discharge them gradually.
1 think it prudent and political that both forts
of debts ffiould be afi'umed, they being contracted
in the common cause.
Sir, I said I was for the affiimption, but in the
mode of payment lam for diftin&lons. The
debts of the United States, and for which certi
ficates were given, are debts in ftricft contract:
the debts of the several states are equitable claims,
or, I will fay, just claims, but in found policy
ffioukl be placed in a second degree.
In the administration of property, according
to the Englilh law, diftin&ions are often made
445
f (if (ft
■ "* < h f payment of debts of different kinds : thofr
or uricfb contract are preferred to those of an in
feiior fort, and if there is a deficiency of effeifts
the iofs talis upon the laflr. I trnft there will be
no deficiency here; but let us, for a moment,
fuppole the word. And 1 would observe here,
that for the firil we have complete means in our
power ; for the other, we have the riling great
ncls of America, and perhaps fufTici- iit rcihurces,
but which would peihaps be imprudent or op
premve to call them forth at present.
1 am for the ajfumpiion ; I am for a complete
provision in the former, and for taking eafona
ble Itreps f or the gradual difcha.ge of the latter.
Ithall, however, objetl to some article adopt
ed 111 the committee, as well as to several articles
of means pointed out in both reports, as they
Vs'y operate againl! the manufactures and in
tei efts of the several states, and are contiary to
the genius of rhe people.
Mr. Jackson said it was granted that it was intended there
mould be a general treasury, and that the charges for the common
detcnce lhould be defrayed therefrom. He Jikewife granted that
thole charges of the particular Hates, which had been so incurred,
W f"u °n 2 " w ''h l ' ,e debts of the Continent ; but many
ot the ltate charges were not of that nature, and where they were
he thought the gentleman from North Carolina (Mr. Williamfon)
had proved to the House yelteiday that they had been transferred.
It was a fact that the individual states had assumed them and made
them their own. Many of the states had provided for them, and
in thole provisions had funk part of those debts.
Some gentlemen had advanced that there was no difference in
the debt, and that it would not be exaggerated by the assumption
propolcd. He begged leave to differ from them, and to suppose,
that an accumulation would take place. If the debt is assumed
he believed if it was contemplated to fuller the unliquidated ac
counts to be brought to a settlement; this has been declared by the
gentleman from Massachusetts (Mr. Sedgwick) who has spoken so
ftrenuotifly in favor of the measure. Can this house be partial and
lay that we will give this privilege to MalTachufetts, and not to
Geoigu . At present the limitation to claims in several of the
itates is expired, and the citizens are contented : But if this as
sumption takes place, and th» door is again opened, is it not (he
duty ol those citizens, who are to be saddled with those debts, to
bring forward their claims; and is it not the intercfts of the re-
J pp ° rt tht ; m ? 11 Wl .» become just and ncceffary
to have all those dormant claims liquidated.
It has been said by several gentlemen, that it will bemorc
Rreh ot "*«• " «sno*
the inconvemence, of individual (fates. He agreed a,to the pow
er, Congress could lay a direst or other tax as Ihc pleas.-d, but the
inconveniences would be much greaterthan if laid by iheind.v d
ual states. To fomeftates an excise would be agreeable •to other
states, not in the habit of excise, it would be the mod difagreeabl*
tax. It will be so in the southern states.whilst in the northern and
of noTl f a '" " preferred. Some states are in th.- habit
poll taxes, which are odious in many others,and we find bythe
SomeonhT thatd,r<,fl taxes would be much complained oft he re.
Someof those papers .congratulate the lar-ucrs that thev will have
no d'reft tax to pay Had not the individual states then better br
answerable for, and pay those debts ? Cannot they lav a tax on
Z W r l eX A re ,S poll tax where that isthe cuf
°ftT 1 n ' ~ e lhcy havc bccn habitual. The di-
If r vcntur< j to affirm would be preferred to the South
ward. If Congress take this business on theinfelves, th:y eannot
r.l nl" : ft V" ? bC un ' io ' m ' ana of one nature. A gene
r.l plan must be taken up, which will be unequal and oppreffivt
An.nference was drawn yesterday on a man in private life
who wou d not pay part of hi, debts, because he knew not the
amount °t the whole of his debts. He would ask what would
be said in pi.vate life of a man whb, to keep his neighbor in fub
teftion would monopolize his debts. This appeared to him to
be similar to the present cafe. Many of the states were averfeto
Congress taking up their debts, and if those states (for there is no
knowing at present whether they are debtors or creditors) should
tall in arrears, they certainly will be attli-merrv
He believed the cafe he had stated would be generally cenfuiedai
deviating from principles which were right in private life He
knew no difference why it should not be so in public life. ' H "rr
? I"' " m^" ng With the a "d debts they had
nothing to do with, becoming aflignces of the state and
It K K lO kn ° w,n S what ,h e union might do at a future clay
j s a d v ancjd on the fubjeft of itnpoft, that consumpti
on depended on numbers : This he did not agree to. The con
sumption a, it struck his mind, depended on habit. Thus for
inftai.ee the Northern states, although possessed of greater numl
bers confirmed less than the Southern, because they were in the
habit of their own manufactures. The Southern ™
nufnftures, and eonfumed chiefly foreign article" °
The consumption cannot be fudged of by the importation at a
ny particular port, as Philadelphia or New York - for in those
parts a great proportion of foreign articles is again (h.pped for o!
ther potts, and some of the southern ports are almost lupplied in
his manner However vast then the revenue which some sfate"
re supposed to contribute, that revenue is paid by the confumine
direftlaxe" Carharder °" the States than
But, fir, suppose, as the gentlemen exprefsthemfelves, there will
be no accumulation, let usexamine how' it is proposed wefoaU
provide for this assumption. Salt is one article l?om which this
mirVth | IWn ' T h,S ' sir ' ha * becn complained of by
man) of the gentlemen who have spoke in favor of the affumZ
ion, and will be very illy relilhed by many of the States.
ther article of revenue has been declared of little value by the gen
hvTh T l C " c °' lna : and although he has been answered
talntv gC TheTr n nM° m S ° uth - Caro,ma > there appears no err
taint} The gentleman from South-Carolma, if the gentlemart
from North-Carolina has erred, has exaggerated too much the
Z'Vu r mc,pal art,cle of r «cnue is that of manu!
faftured tobacco, and by which the Secretay proposes to draw a
large amount of dollars. But, fir if we look
the table, from the manufacturers of that article, I think^a't^hey
hith X P 7 Ve A W / ""J o ot CXpf£l 3 lr <* n it- I have the
nf t hnf r the Secretary's abilities ; but when the opinions
of those who carry on this manufacture, and ought to know are
placed in competition, I must confefs I am led to give mv 'fane!
tion to the latter. Those, however, are the fund® the
P wv,d " i for «bts affumptioß ; and I am led to believe all the
[Whole No. 112.]