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FIFTH
Congress, Session II, Volume 1, Chapter 82.
An Act for the establishing and
organizing a marine corps.
Section 1. Be it
enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That, in addition to the present military
establishment, there shall be raised and organized a corps of marines, which
shall consist of one major, four captains, sixteen first lieutenants, twelve
second lieutenants, forty‑eight sergeants, forty‑eight corporals, thirty‑two
drums and fifes, and seven hundred and twenty privates, including the marines
who have been enlisted, or are authorized to be raised for the naval armament;
and the said corps may be formed into as many companies or detachments as the
President of the United States shall direct, with a proper distribution of the
commissioned and non‑commissioned officers and musicians to each company
or detachment.
Sec. 2. And be
it further enacted, That the pay and subsistence of the said officers,
privates, and musicians, shall be as follows, to wit: To a major, fifty dollars
per month and four rations per day; to a captain, forty dollars per month and
three rations per day; to a first lieutenant, thirty dollars per month and
three rations per day; to a second lieutenant, twenty‑five dollars per
month and two rations per day; and to the non‑commissioned officers,
privates, and musicians, conformably to the act, entitled "An Act
providing a naval armament," as shall be fixed by the President of the
United States. And the President of the
United States shall be , and is hereby, authorized to continue the enlistment
of marines, until the said corps shall be complete; and, of himself, to appoint
the commissioned officers, whenever, in the recess of the Senate, an
appointment shall be necessary; and the enlistments which shall be made by
virtue hereof, may be for the term of three years, subject to be discharged by
the President of the United States, or by the ceasing, or repeal, of the laws
providing for the naval armament. And if
the marine corps, or any part of it, shall be ordered by the President to do
duty on shore, and it shall become necessary to appoint an adjutant, paymaster,
quartermaster, sergeant‑major, quartermaster‑sergeant, and drum and
fife major, or any of them, the major, or commandant of the corps, is hereby
authorized to appoint such staff‑officer, or officers, from the line of
subalterns, sergeants and music, respectively, who shall be entitled, during
the time they shall do such duty to the same extra pay and emoluments which are
allowed by law to officers acting in the same capacities in the infantry.
Sec. 3. And be
it further enacted, That the detachments of the corps of marines, hereby
authorized, shall be made in lieu of the respective quotas of marines, which
have been established or authorized for the frigates, and other armed vessels
and gallies, which shall be employed in the service of the United States: And
the President of the United States may detach and appoint such of the officers
of this marine corps, to act on board the frigates, and any of the armed
vessels of the United States, respectively, as he shall, from time to time,
judge necessary; any thing in the act "providing a naval armament" to
the contrary hereof notwithstanding.
Sec. 4. And be
it further enacted, That the officers, non‑commissioned officers,
privates and musicians aforesaid, shall take the same oath, and shall be
governed by the same rules and articles of war, as are prescribed for the
military establishment of the United States, and by the rules for the
regulation of the navy heretofore, or which shall be established by law,
according to the nature of the service in which they shall be employed, and
shall be entitled to the same allowance, in case of wounds or disabilities,
according to their respective ranks, as are granted by the act "to
ascertain and fix the military establishment of the United States."
Sec. 5. And be
it further enacted, That the non‑commissioned officers, musicisn,
seamen and marines, who are or shall be enlised into the service of the United
States; and the non‑commissioned officers and musicians, who are or shall
be enlisted into the army of the United States, shall be, and they are hereby
exempted, during the term of service, from all personal arrests for any debt or
contract.
Sec. 6. And be
it further enacted, That the marine corps, established by this act, shall,
at any time, be liable to do duty in the forts and garrisons of the
Approved, July 11, 1798.
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