Chapter XXI.- An Act authorizing the President of the United States to accept and organize certain Volunteer Military Corps. February 6, 1812

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorized to accept of any company or companies of volunteers, either of artillery, cavalry or infantry, who may associate and offer themselves for the service, not exceeding fifty thousand men; who shall be clothed, and in case of cavalry, furnished with horses at their own expense, and armed and equipped at the expense of the United States, after they shall be called into service; and whose commissioned officers shall be appointed in the manner prescribed by law in the several states and territories to which such companies shall respectively belong: Provided, that where any company, battalion, regiment, brigade or division of militia, already organized, shall tender their voluntary service to the United States, such company, battalion, regiment, brigade or division, shall continue to be commanded by the officers holding commissions in the same, at the time of such tender; and any vacancy thereafter occurring, shall be filled in the mode pointed out by law in the state or territory wherein the said company, battalion, regiment, brigade or division, shall have been originally raised.

SEC. 2. And be it further enacted, That any company, battalion, regiment, brigade or division, thus offering itself for the service, shall be liable to be called upon to do military duty at any time the President of the United States shall judge proper, within two years after he shall have accepted the same; and shall be bound to continue in service for the term of twelve months after they shall have arrived at the place of rendezvous, unless sooner discharged; and when so called into service, and whilst remaining therein, shall be under the same rules and regulations, and be entitled to the same pay, rations, forage, and emoluments of every kind, bounty and clothing excepted, with the regular troops of the United States: Provided, that in lieu of clothing, every non-commissioned officer and private in any company, who may thus offer themselves, shall be entitled, when called into service, to receive in money a sum equal to the cost of the clothing of a non-commissioned officer or private (as the case may be) in the regular troops of the United States.

SEC. 3. And be it further enacted, That the President of the United States be, and he hereby is authorized, to organize the companies so tendering their service as aforesaid, into battalions, squadrons, regiments,  brigades and divisions, as soon as the number of volunteers shall render such organization, in his judgment, expedient; but, until called into actual service, such companies are not to be considered as exempt from the performance of militia duty, as is required by law, in like manner as  before the passage of this act.

SEC. 4. And be it further enacted, That in case any volunteer above mentioned, while in actual service, shall sustain any damage, by injury done to his horse, or such other equipment as shall have been furnished at his own expense, or by loss of the same, without any fault or negligence on his part, a reasonable sum, to be ascertained in such manner as the President of the United States may direct, shall be allowed and paid to such volunteer, for each and every such loss or damage.

SEC. 5. And be it further enacted, That if any officer, non-commissioned officer, musician or private, shall be disabled by wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalid pensioners of the United States, at such rate of pension, and under such regulations as are, or may be directed by law: Provided always, that the compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed, for the highest rate of disability, half the monthly pay of such officer, at the time of his being wounded or disabled, and that no officer shall receive more than the half pay of a lieutenant-colonel: and that the rate of pension to non-commissioned officers, musicians and privates, shall not exceed five dollars per month: And provided also, that all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability.

SEC. 6. And be it further enacted, That the heirs and representatives of any non-commissioned officer or soldier, who may be killed in action, or die in the actual service of the United States, shall be entitled to receive one hundred and sixty acres of land; to be designated, surveyed and laid off at the public expense, in such manner, and upon such terms and conditions as may be provided by law.

SEC. 7. And be it further enacted, That upon the discharge of any non-commissioned officer or soldier, who shall have been accepted under the provisions of this act, and shall have been in actual service for a to personal period not less than one month, and shall have obtained from the commanding officer of his company, battalion or regiment, a certificate that he had faithfully performed his duty while in service, such non-commissioned officer or soldier, if attached to the artillery or infantry, shall be presented with a musket, bayonet, and other personal equipments; or, if attached to the cavalry, with the sabre and pistols furnished him by the United States, as a public testimonial of the promptitude and zeal with which he shall have volunteered in support of the rights and honour of the country.

SEC. 8. And be it further enacted, That the sum of one million of dollars be appropriated to defray the expenses which may be incurred under the provisions of this act, to be paid out of any money in the treasury not otherwise appropriated.

APPROVED, February 6, 1812.

By James Madison

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